[Rev. 8/22/2025 11:14:32 AM]
κ2025 Statutes of Nevada, Page 791κ
Assembly Bill No. 239Assemblymember Dalia
CHAPTER 142
[Approved: May 30, 2025]
AN ACT relating to business entities; revising provisions relating to notice or other communications by business entities; making a conforming change relating to fiduciary duties owed by directors and officers of a corporation; revising provisions governing voting relating to the approval of a reverse stock split of a corporation; removing certain provisions governing the issuance of shares of a corporation; making changes to certain approvals by a board of directors; clarifying provisions relating to voting agreements by stockholders; revising provisions governing the amendment of articles of incorporation after issuance of stock; revising certain terms relating to business entities; revising provisions relating to the last known address of members and managers of a limited-liability company and the dissolution of a limited-liability company; establishing a process by which a corporation may reorganize through the formation of a holding corporation; revising provisions relating to the approval of a plan of merger, conversion or exchange of a domestic corporation and the conversion of a domestic entity into a foreign entity; revising provisions governing the right of a stockholder to dissent from certain corporate actions; making various other changes relating to business entities; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth various provisions governing business entities, including private corporations and limited-liability companies. (Chapters 78 and 86 of NRS) This bill makes various changes to business entities.
Section 1 of this bill clarifies that the inclusion of certain materials provided with a notice or other communication by a business entity are deemed to be part of the notice or communication. Section 1.5 of this bill authorizes the articles of incorporation of a corporation to require certain internal actions to be tried before a judge and not a jury. Section 2 of this bill makes a conforming change relating to the fiduciary duties of directors and officers of a private corporation for consistency within existing law.
Sections 3 and 4 of this bill require that votes relating to the approval of a reverse stock split be approved by the vote of the relevant stockholders of such a class or series of stock. Sections 5 and 9 of this bill remove the phrase share dividend from provisions governing the issuance of shares of a private corporation. Section 5.5 of this bill sets forth provisions relating to the fiduciary duties of certain stockholders of a corporation, limits the individual liability of a stockholder of a corporation under certain circumstances and defines certain terms for such purposes.
Section 6 of this bill authorizes a board of directors of a private corporation to take certain actions in final form or such preliminary form as the directors deem appropriate in their business judgment.
Section 7 of this bill: (1) provides that voting agreements entered into by stockholders may include a private corporation; and (2) makes conforming changes authorizing the reference in such an agreement to facts or events outside of the agreement as provided in existing law. Section 8 of this bill: (1) provides that a proposed amendment to the articles of incorporation of a private corporation after the issuance of stock that designates one or more new series of an existing class does not adversely alter or change the preferences or rights of the existing series; and (2) authorizes a publicly traded corporation to amend its articles of incorporation to increase or decrease the shares it is authorized to issue through a stockholder vote.
κ2025 Statutes of Nevada, Page 792 (CHAPTER 142, AB 239)κ
Section 11 of this bill clarifies the notice required if the approval of a dissolution of a corporation was obtained by written consent and replaces the phrase certificate of dissolution with articles of dissolution for purposes of provisions relating to the dissolution of a corporation. Sections 10-12, 15 and 18-21 of this bill make conforming changes to reference articles of dissolution for purposes of provisions relating to the dissolution of a corporation or a limited-liability company, as applicable. Section 13 of this bill makes a conforming change to replace certificate of dissolution with record of dissolution. Section 16 of this bill provides an effective date and time for filing the articles of dissolution of a limited-liability company.
Sections 14 and 17 of this bill provide for either the residence or business address of members and managers of a limited-liability company to be listed for certain records.
Section 22 of this bill establishes a new process by which a corporation may: (1) reorganize through the formation of a holding corporation; and (2) issue stockholders shares in the new holding corporation in exchange for their previous shares. Section 23 of this bill: (1) revises the steps required for a board of directors to approve a plan of merger, conversion or exchange; and (2) removes provisions of existing law which allowed for the board to cancel a proposed meeting to consider or remove a plan of merger, conversion or exchange. Section 24 of this bill makes a conforming change relating to voting for purposes of the new process of reorganization into a holding corporation.
Section 25 of this bill makes a technical change relating to one domestic entity converting into one foreign entity.
Section 26 of this bill provides that the right to dissent is the exclusive remedy for stockholders who have the ability to dissent from a particular corporate action.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 75.150 is hereby amended to read as follows:
75.150 1. Except as otherwise provided by specific statute:
(a) Any notice or other communication described in this title may be given or sent by any method of delivery [;] and each agreement, instrument, certificate or other document enclosed with, or annexed or appended to, such notice or other communication shall be deemed part of the notice or communication solely for purposes of determining whether notice was duly given under this title and the organic rules of the entity giving or sending the notice or other communication; and
(b) An electronic transmission must be in accordance with this section.
2. A notice or other communication given or sent pursuant to the organic law or organic rules of an entity may be delivered by electronic transmission if:
(a) Consented to by the recipient or authorized by subsection 9; and
(b) The electronic transmission contains or is accompanied by information from which the recipient can determine the date of the transmission.
3. Any consent under subsection 2 may be revoked by the person who consented by written or electronic notice to the person to whom the consent was delivered. Any such consent is deemed revoked if:
(a) The person is unable to receive two consecutive electronic transmissions given by the entity or organization in accordance with such consent; and
κ2025 Statutes of Nevada, Page 793 (CHAPTER 142, AB 239)κ
(b) Such inability becomes known to the secretary of the entity sending the electronic transmissions or to the transfer agent or other person responsible for the giving of notice or other communications.
Κ The inadvertent failure to treat any such inability as a revocation does not invalidate any meeting or other action.
4. Unless otherwise agreed between sender and recipient, an electronic transmission is received when:
(a) It enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic transmissions or information of the type sent; and
(b) It is in a form ordinarily capable of being processed by that system.
5. Receipt of an electronic acknowledgment from an information processing system described in paragraph (a) of subsection 4 establishes that an electronic transmission was received but, by itself, does not establish that the content sent corresponds to the content received.
6. An electronic transmission is received under this section even if no natural person is aware of its receipt.
7. Except as otherwise provided by specific statute, any notice or other communication, if in a comprehensible form or manner, is effective at the earliest of the following:
(a) If in a physical form, when it is left at:
(1) The address of a stockholder, member, partner or other owner of an entity, whichever is applicable, as it appears upon the records of the entity;
(2) The residence or usual place of business of a director, manager or general partner, whichever is applicable;
(3) The entitys principal place of business; or
(4) If to a recipient other than a stockholder, director, member, partner or other owner of an entity or an entity, such persons residence or usual place of business;
(b) If mailed by United States mail postage prepaid and correctly addressed to a stockholder, member, partner or other owner of an entity, upon deposit in the United States mail;
(c) If mailed by United States mail postage prepaid and correctly addressed to a recipient other than a stockholder, member, partner or other owner of an entity, the earliest of:
(1) If sent by registered or certified mail, return receipt requested, the date shown on the return receipt signed by or on behalf of the addressee; or
(2) Five days after it is deposited in the United States mail;
(d) If an electronic transmission, when it is received as provided in subsection 4; and
(e) If oral, when communicated.
Κ In the absence of fraud, an affidavit of the secretary of the entity or the transfer agent or any other agent of the entity that the notice has been given by a form of electronic transmission is prima facie evidence of the facts stated in the affidavit.
8. A notice or other communication may be in the form of an electronic transmission that cannot be directly reproduced in paper form by the recipient through an automated process used in conventional commercial practice only if:
(a) The electronic transmission is otherwise retrievable in perceivable form; and
κ2025 Statutes of Nevada, Page 794 (CHAPTER 142, AB 239)κ
(b) The sender and the recipient have consented in writing to the use of such form of electronic transmission.
9. If any provision of this title prescribes requirements for notices or other communication in particular circumstances, those requirements govern. If the organic rules of an entity prescribe requirements for notices or other communications, not inconsistent with this section or other provisions of this title, those requirements govern. The organic rules of an entity may authorize, require or prohibit delivery of notices of meetings of directors, managers, members, partners or other owners of the entity by electronic transmission.
10. In the event that any provisions of this section are deemed to modify, limit or supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., the provisions of this section shall be deemed to control to the maximum extent permitted by section 102(a)(2) of that Act, 15 U.S.C. § 7002(a)(2).
11. As used in this section:
(a) Entity has the meaning ascribed to it in NRS 77.060.
(b) Organic law has the meaning ascribed to it in NRS 77.170.
(c) Organic rules has the meaning ascribed to it in NRS 77.180.
Sec. 1.5. NRS 78.046 is hereby amended to read as follows:
78.046 1. The articles of incorporation or bylaws of a corporation may require, to the extent not inconsistent with any applicable jurisdictional requirements and the laws of the United States, that any, all or certain:
(a) Concurrent jurisdiction actions must be brought solely or exclusively in the court or courts specified in the requirement; and
(b) Internal actions must be brought solely or exclusively in the court or courts specified in the requirement, which must include at least one court in this State.
2. Unless otherwise expressly set forth in the articles of incorporation or bylaws, any requirement described in subsection 1 must not be interpreted as prohibiting any corporation from consenting, or requiring any corporation to consent, to any alternative forum in any instance.
3. The provisions of this section do not create or authorize any cause of action against a corporation , [or] its directors or officers [.] or any controlling stockholder.
4. The articles of incorporation of a corporation may require, to the extent not inconsistent with any applicable laws of the United States, that any, all or certain internal actions to be tried in any court of this State must be tried before the presiding judge as the trier of fact and not before a jury. Upon and during its effectiveness, any such requirement must conclusively operate as a waiver of the right to trial by jury by each party to any internal action to which such requirement applies. Nothing in this section or any such requirement shall be construed as to limit or otherwise affect any right to a jury trial in any action, suit or proceeding that is not an internal action.
5. As used in this section:
(a) Concurrent jurisdiction action means any action, suit or proceeding against the corporation or any of its directors or officers, that:
(1) Asserts a cause of action under the laws of the United States;
(2) Could be properly commenced in either a federal forum or a forum of this State or any other state; and
(3) Is brought by or in the name or on behalf of:
(I) The corporation;
(II) Any stockholder of the corporation; or
κ2025 Statutes of Nevada, Page 795 (CHAPTER 142, AB 239)κ
(III) Any subscriber for, or purchaser or offeree of, any shares or other securities of the corporation.
(b) Controlling stockholder has the meaning ascribed to it in NRS 78.240.
(c) Court means any court of:
(1) This State, including, without limitation, those courts in any county having a business court, as that term is defined in NRS 13.050;
(2) A state other than this State; or
(3) The United States.
[(c)] (d) Internal action means any action, suit or proceeding:
(1) Brought in the name or right of the corporation or on its behalf, including, without limitation, any action subject to NRS 41.520;
(2) For or based upon any breach of any fiduciary duty owed by any director, officer [, employee] or [agent] controlling stockholder of the corporation in such capacity; or
(3) Arising pursuant to, or to interpret, apply, enforce or determine the validity of, any provision of this title, the articles of incorporation, the bylaws or any agreement entered into pursuant to NRS 78.365 to which the corporation is a party or a stated beneficiary thereof.
Sec. 2. NRS 78.138 is hereby amended to read as follows:
78.138 1. The fiduciary duties of directors and officers are to exercise their respective powers in good faith , on an informed basis and with a view to the interests of the corporation.
2. In exercising their respective powers, directors and officers may, and are entitled to, rely on information, opinions, reports, books of account or statements, including financial statements and other financial data, that are prepared or presented by:
(a) One or more directors, officers or employees of the corporation reasonably believed to be reliable and competent in the matters prepared or presented;
(b) Counsel, public accountants, financial advisers, valuation advisers, investment bankers or other persons as to matters reasonably believed to be within the preparers or presenters professional or expert competence; or
(c) A committee on which the director or officer relying thereon does not serve, established in accordance with NRS 78.125, as to matters within the committees designated authority and matters on which the committee is reasonably believed to merit confidence,
Κ but a director or officer is not entitled to rely on such information, opinions, reports, books of account or statements if the director or officer has knowledge concerning the matter in question that would cause reliance thereon to be unwarranted.
3. Except as otherwise provided in subsection 1 of NRS 78.139, directors and officers, in deciding upon matters of business, are presumed to act in good faith, on an informed basis and with a view to the interests of the corporation. A director or officer is not individually liable for damages as a result of an act or failure to act in his or her capacity as a director or officer except as described in subsection 7.
4. Directors and officers, in exercising their respective powers with a view to the interests of the corporation, may:
(a) Consider all relevant facts, circumstances, contingencies or constituencies, which may include, without limitation, one or more of the following:
κ2025 Statutes of Nevada, Page 796 (CHAPTER 142, AB 239)κ
(1) The interests of the corporations employees, suppliers, creditors or customers;
(2) The economy of the State or Nation;
(3) The interests of the community or of society;
(4) The long-term or short-term interests of the corporation, including the possibility that these interests may be best served by the continued independence of the corporation; or
(5) The long-term or short-term interests of the corporations stockholders, including the possibility that these interests may be best served by the continued independence of the corporation.
(b) Consider or assign weight to the interests of any particular person or group, or to any other relevant facts, circumstances, contingencies or constituencies.
5. Directors and officers are not required to consider, as a dominant factor, the effect of a proposed corporate action upon any particular group or constituency having an interest in the corporation.
6. The provisions of subsections 4 and 5 do not create or authorize any causes of action against the corporation or its directors or officers.
7. Except as otherwise provided in NRS 35.230, 90.660, 91.250, 452.200, 452.270, 668.045 and 694A.030, or unless the articles of incorporation or an amendment thereto, in each case filed on or after October 1, 2003, provide for greater individual liability, a director or officer is not individually liable to the corporation or its stockholders or creditors for any damages as a result of any act or failure to act in his or her capacity as a director or officer unless:
(a) The presumption established by subsection 3 has been rebutted; and
(b) It is proven that:
(1) The directors or officers act or failure to act constituted a breach of his or her fiduciary duties as a director or officer; and
(2) Such breach involved intentional misconduct, fraud or a knowing violation of law.
8. This section applies to all cases, circumstances and matters, including, without limitation, any change or potential change in control of the corporation unless otherwise provided in the articles of incorporation or an amendment thereto.
Sec. 3. NRS 78.2055 is hereby amended to read as follows:
78.2055 1. Unless otherwise provided in the articles of incorporation, a corporation that desires to decrease the number of issued and outstanding shares of a class or series held by each stockholder of record at the effective date and time of the change without correspondingly decreasing the number of authorized shares of the same class or series may do so if:
(a) The board of directors adopts a resolution setting forth the proposal to decrease the number of issued and outstanding shares of a class or series; and
(b) If the corporation is:
(1) A publicly traded corporation, the proposal is approved by the stockholders of the affected class or series, regardless of limitations or restrictions on the voting power of the affected class or series; or
(2) Not a publicly traded corporation, the proposal is approved by the vote of stockholders holding a majority of the voting power of the affected class or series,
κ2025 Statutes of Nevada, Page 797 (CHAPTER 142, AB 239)κ
Κ or such greater proportion as may be provided in the articles of incorporation, regardless of limitations or restrictions on the voting power of the affected class or series.
2. If the proposal required by subsection 1 is approved by the stockholders entitled to vote, the corporation may reissue its stock in accordance with the proposal after the effective date and time of the change.
3. Except as otherwise provided in this subsection [,] and unless the articles of incorporation require a greater proportion, if a proposed decrease in the number of issued and outstanding shares of any class or series would adversely alter or change any preference, or any relative or other right given to any other class or series of outstanding shares, then the decrease must be approved , [by the vote,] in addition to any vote otherwise required [, of] :
(a) If the corporation is a publicly traded corporation, by the vote of the stockholders of each class or series whose preference or rights are adversely affected by the decrease; or
(b) If the corporation is not a publicly traded corporation, by the holders of shares representing a majority of the voting power of each class or series whose preference or rights are adversely affected by the decrease,
Κ [or such greater proportion as may be provided in the articles of incorporation,] regardless of limitations or restrictions on the voting power of the adversely affected class or series. The decrease does not have to be approved by the vote of the holders of shares representing a majority of the voting power of each class or series whose preference or rights are adversely affected by the decrease if the articles of incorporation specifically deny the right to vote on such a decrease.
4. If any proposed corporate action pursuant to this section would result in only money being paid or scrip being issued to stockholders who:
(a) Before the decrease in the number of shares becomes effective, in the aggregate hold 1 percent or more of the outstanding shares of the affected class or series; and
(b) Would otherwise be entitled to receive a fraction of a share in exchange for the cancellation of all their outstanding shares,
Κ any stockholder who is obligated, as a result of the corporate action taken pursuant to this section, to accept money or scrip rather than receive a fraction of a share in exchange for the cancellation of all the stockholders outstanding shares, may dissent in accordance with the provisions of NRS 92A.300 to 92A.500, inclusive, and obtain payment of the fair value of the fraction of a share to which the stockholder would otherwise be entitled.
Sec. 4. NRS 78.207 is hereby amended to read as follows:
78.207 1. Unless otherwise provided in the articles of incorporation, a corporation that desires to change the number of shares of a class or series, if any, of its authorized stock by increasing or decreasing the number of authorized shares of the class or series and correspondingly increasing or decreasing the number of issued and outstanding shares of the same class or series held by each stockholder of record at the effective date and time of the change, may, except as otherwise provided in subsections 2 and 3, do so by a resolution adopted by the board of directors, without obtaining the approval of the stockholders. The resolution may also provide for a change of the par value, if any, of the same class or series of the shares increased or decreased. After the effective date and time of the change, the corporation may issue its stock in accordance therewith.
κ2025 Statutes of Nevada, Page 798 (CHAPTER 142, AB 239)κ
2. A proposal to increase or decrease the number of authorized shares of any class or series, if any, that includes provisions pursuant to which only money will be paid or scrip will be issued to stockholders who:
(a) Before the increase or decrease in the number of shares becomes effective, in the aggregate hold 10 percent or more of the outstanding shares of the affected class or series; and
(b) Would otherwise be entitled to receive a fraction of a share in exchange for the cancellation of all their outstanding shares,
Κ must be approved by the vote of stockholders holding a majority of the voting power of the affected class or series, or such greater proportion as may be provided in the articles of incorporation, regardless of limitations or restrictions on the voting power thereof.
3. Except as otherwise provided in this subsection [,] and unless the articles of incorporation require a greater proportion, if a proposed increase or decrease in the number of authorized shares of any class or series would adversely alter or change any preference or any relative or other right given to any other class or series of outstanding shares, then the increase or decrease must be approved , [by the vote,] in addition to any vote otherwise required [, of] :
(a) If the corporation is a publicly traded corporation, by the vote of stockholders of each class or series whose preference or rights are adversely affected by the increase or decrease; and
(b) If the corporation is not a publicly traded corporation, by the holders of shares representing a majority of the voting power of each class or series whose preference or rights are adversely affected by the increase or decrease,
Κ regardless of limitations or restrictions on the voting power thereof. The increase or decrease does not have to be approved by the vote of the holders of shares [representing a majority of the voting power in each] of any class or series whose preference or rights are adversely affected by the increase or decrease if the articles of incorporation specifically deny the holders of shares of such class or series the right to vote on such an increase or decrease.
4. If any proposed corporate action pursuant to this section would result in only money being paid or scrip being issued to stockholders who:
(a) Before the increase or decrease in the number of shares becomes effective, in the aggregate hold 1 percent or more of the outstanding shares of the affected class or series; and
(b) Would otherwise be entitled to receive a fraction of a share in exchange for the cancellation of all of their outstanding shares,
Κ any stockholder who is obligated, as a result of the corporate action taken pursuant to this section, to accept money or scrip rather than receive a fraction of a share in exchange for the cancellation of all the stockholders outstanding shares, may dissent in accordance with the provisions of NRS 92A.300 to 92A.500, inclusive, and obtain payment of the fair value of the fraction of a share to which the stockholder would otherwise be entitled.
Sec. 5. NRS 78.215 is hereby amended to read as follows:
78.215 1. A corporation may issue and dispose of its authorized shares for such consideration as may be prescribed in the articles of incorporation or, if no consideration is so prescribed, then for such consideration as may be fixed by the board of directors.
κ2025 Statutes of Nevada, Page 799 (CHAPTER 142, AB 239)κ
2. If a consideration is prescribed for shares without par value, that consideration must not be used to determine the fees required for filing articles of incorporation pursuant to NRS 78.760.
3. Unless the articles of incorporation provide otherwise [,] and except as otherwise provided by subsection 4, shares may be issued pro rata and without consideration to the corporations stockholders or to the stockholders of one or more classes or series. [An issuance of shares under this subsection is a share dividend.]
4. Shares of one class or series may not be issued [as a share dividend] pursuant to subsection 3 in respect of shares of another class or series unless:
(a) The articles of incorporation so authorize;
(b) A majority of the votes entitled to be cast by the class or series to be issued approve the issue; or
(c) There are no outstanding shares of the class or series to be issued.
5. If the board of directors does not fix the record date for determining stockholders entitled to [a share dividend,] shares issued pursuant to subsection 3, it is the date the board of directors authorizes the [share dividend.] issuance.
Sec. 5.5. NRS 78.240 is hereby amended to read as follows:
78.240 1. The shares of stock in every corporation shall be personal property and shall be transferable on the books of the corporation, in such manner and under such regulations as may be provided in the articles of incorporation or bylaws, and as provided in this title and chapters 104 to 104C, inclusive, of NRS.
2. Except to the extent set forth in subsection 3:
(a) The holder of any share of stock in a corporation, regardless of the holders relative beneficial ownership of shares or relative voting power, may, and shall be entitled to, exercise or withhold the voting power of such share in the holders personal interest and without regard to any other person or interest; and
(b) No stockholder of a corporation, in such persons capacity as a stockholder and regardless of the stockholders relative beneficial ownership of share or relative voting power, shall have any fiduciary duty to the corporation or any other stockholder.
3. The only fiduciary duty of a controlling stockholder of a corporation, in such persons capacity as a stockholder, is to refrain from exerting undue influence over any director or officer of the corporation with the purpose and proximate effect of inducing a breach of fiduciary duty by such director or officer:
(a) For which breach the director or officer is liable pursuant to NRS 78.138; and
(b) Which breach:
(1) Directly relates to the initiation, evaluation, negotiation, authorization or approval by the board of directors, or a committee thereof, of a contract or transaction to which the controlling stockholder or any of its affiliates or associates is a party or in which the controlling stockholder or any of its affiliates or associates has a material and nonspeculative financial interest; and
(2) Results in material, nonspeculative and non-ratable financial benefit to the controlling stockholder, which benefit excludes, and results in a material and nonspeculative detriment to the other stockholders generally.
κ2025 Statutes of Nevada, Page 800 (CHAPTER 142, AB 239)κ
Κ The exercise or withholding of voting power by a controlling stockholder, or the indication or implication by a controlling stockholder as to whether or to what extent such voting power may be exercised or withheld, does not, by itself, constitute or indicate a breach of the fiduciary duty imposed by this subsection.
4. A controlling stockholder is presumed to have not breached the fiduciary duty imposed by subsection 3 with respect to a contract or other transaction if such contract or transaction has been authorized or approved by:
(a) A committee of the board of directors consisting of only disinterested directors; or
(b) The board of directors in reliance on the recommendation of a committee of the board of directors consisting of only disinterested directors.
5. A stockholder of a corporation is not individually liable to the corporation or its stockholders or creditors for any damages as a result of any act or failure to act in such persons capacity as a stockholder unless:
(a) The stockholder is a controlling stockholder;
(b) The presumption established by subsection 4 has been rebutted; and
(c) It is proven that the stockholders act or failure to act constituted a breach of the stockholders fiduciary duty imposed by subsection 3.
6. As used in this section:
(a) Affiliate has the meaning ascribed to it in NRS 78.412.
(b) Associate has the meaning ascribed to it in NRS 78.413.
(c) Beneficial ownership means being the beneficial owner of shares. As used in this paragraph, beneficial owner has the meaning ascribed to it in NRS 78.414.
(d) Controlling stockholder means a stockholder of a corporation having the voting power, by virtue of such stockholders relative beneficial ownership of shares or otherwise pursuant to the articles of incorporation, to elect at least a majority of the corporations directors.
(e) Disinterested director, when used with respect to a contract or transaction, includes, without limitation, a director of a corporation who:
(1) Individually, or with or through any of the directors affiliates or associates other than the corporation, neither has a material and nonspeculative financial interest in, nor is a party to, the contract or transaction; and
(2) Would satisfy the independence standards, without regard to any financial literacy of financial expert qualifications, required to serve on an audit committee of a board of directors of a non-investment company issuer pursuant to section 10A(m) of the Securities Exchange Act, 15 U.S.C. § 78j-1(m) and Rule 10A-3 thereunder, 17 C.F.R. § 240.10A-3 and the rules of the national securities exchange, if any, on which any shares of the corporations stock are listed for trading.
Sec. 6. NRS 78.315 is hereby amended to read as follows:
78.315 1. Unless the articles of incorporation or the bylaws provide for a greater or lesser proportion, a majority of the board of directors of the corporation then in office, at a meeting duly assembled, is necessary to constitute a quorum for the transaction of business, and the act of directors holding a majority of the voting power of the directors, present at a meeting at which a quorum is present, is the act of the board of directors.
κ2025 Statutes of Nevada, Page 801 (CHAPTER 142, AB 239)κ
2. Unless otherwise restricted by the articles of incorporation or bylaws, any action required or permitted to be taken at a meeting of the board of directors or of a committee thereof may be taken without a meeting if, before or after the action, a written consent thereto is signed by all the members of the board or of the committee, except that such written consent is not required to be signed by:
(a) A common or interested director who abstains in writing from providing consent to the action. If a common or interested director abstains in writing from providing consent:
(1) The fact of the common directorship, office or financial interest must be known to the board of directors or committee before a written consent is signed by all the members of the board of the committee.
(2) Such fact must be described in the written consent.
(3) The board of directors or committee must approve, authorize or ratify the action in good faith by unanimous consent without counting the abstention of the common or interested director.
(b) A director who is a party to an action, suit or proceeding who abstains in writing from providing consent to the action of the board of directors or committee. If a director who is a party to an action, suit or proceeding abstains in writing from providing consent on the basis that he or she is a party to an action, suit or proceeding, the board of directors or committee must:
(1) Make a determination pursuant to NRS 78.7502 that indemnification of the director is proper under the circumstances.
(2) Approve, authorize or ratify the action of the board of directors or committee in good faith by unanimous consent without counting the abstention of the director who is a party to an action, suit or proceeding.
3. Unless otherwise restricted by the articles of incorporation or bylaws, members of the board of directors or the governing body of any corporation, or of any committee designated by such board or body, may participate in a meeting of the board, body or committee through electronic communications, videoconferencing, teleconferencing or other available technology if the corporation has implemented reasonable measures to:
(a) Verify the identity of each person participating through such means as a director or member of the governing body or committee, as the case may be; and
(b) Provide the directors or members a reasonable opportunity to participate in the meeting and to vote on matters submitted to the directors or members, as the case may be, including an opportunity to communicate and to read or hear the proceedings of the meeting in a substantially concurrent manner with such proceedings.
4. Participation in a meeting pursuant to subsection 3 constitutes presence in person at the meeting.
5. Whenever this title expressly requires the board of directors to approve or take other action with respect to any agreement, instrument, certificate or other document, including, without limitation, any agreement, instrument, certificate or other document required to be filed with the Secretary of State, the directors may approve, adopt or otherwise act upon such agreement, instrument, certificate or other document in final form or such preliminary form as the directors deem appropriate in their business judgment.
κ2025 Statutes of Nevada, Page 802 (CHAPTER 142, AB 239)κ
Sec. 7. NRS 78.365 is hereby amended to read as follows:
78.365 1. A stockholder, by agreement in writing, may transfer his or her stock to a voting trustee or trustees for the purpose of conferring the right to vote the stock for a period not exceeding 15 years upon the terms and conditions therein stated. Any certificates of stock so transferred must be surrendered and cancelled and new certificates for the stock issued to the trustee or trustees in which it must appear that they are issued pursuant to the agreement, and in the entry of ownership in the proper books of the corporation that fact must also be noted, and thereupon the trustee or trustees may vote the stock so transferred during the terms of the agreement. A duplicate of every such agreement must be filed in the registered office of the corporation and at all times during its terms be open to inspection by any stockholder or his or her attorney.
2. At any time within the 2 years next preceding the expiration of an agreement entered into pursuant to the provisions of subsection 1, or the expiration of an extension of that agreement, any beneficiary of the trust may, by written agreement with the trustee or trustees, extend the duration of the trust for a time not to exceed 15 years after the scheduled expiration date of the original agreement or the latest extension. An extension is not effective unless the trustee, before the expiration date of the original agreement or the latest extension, files a duplicate of the agreement providing for the extension in the registered office of the corporation. An agreement providing for an extension does not affect the rights or obligations of any person not a party to that agreement. An agreement entered into pursuant to the provisions of subsection 1 is not invalidated by the fact that, by its terms, its duration is more than 15 years, but its duration shall be deemed amended to conform with the provisions of this section.
3. An agreement between two or more stockholders, or between the corporation and one or more stockholders, if in writing and signed by each [stockholder] party to be bound thereby, may provide that in exercising any voting rights, the stock held by each such stockholder must be voted:
(a) Pursuant to the provisions of the agreement;
(b) As [they] the parties to the agreement may subsequently agree; [or]
(c) In accordance with a procedure [agreed upon.] specified in the agreement; or
(d) In a manner dependent upon any fact or event which may be ascertained outside of the agreement if the manner in which a fact or event may operate upon the exercise of the voting rights is stated in the agreement. As used in this paragraph, fact or event includes, without limitation, the existence of a fact or an occurrence of an event, including, without limitation, a determination or action by a person, the corporation itself or any government, governmental agency or political subdivision of a government.
4. An agreement pursuant to the provisions of subsection 3 is valid and enforceable against the transferee of a stockholder party to the agreement only:
(a) If and to the extent that the transferee agrees in writing to be bound by the agreement; or
(b) If the agreement expressly provides that it is enforceable against the transferee of a stockholder party to the agreement and:
(1) The transferee had actual knowledge of the existence of the agreement before the transfer; or
κ2025 Statutes of Nevada, Page 803 (CHAPTER 142, AB 239)κ
(2) The existence of the agreement is noted conspicuously on the front or back of the stock certificate or is contained in the written statement of information required by subsection 5 of NRS 78.235.
5. An agreement pursuant to the provisions of subsection 3, or an amendment thereto or an extension thereof, in each case entered into before October 1, 2021, is not:
(a) Effective for a term of more than 15 years, but at any time within the 2 years next preceding the expiration of the agreement the parties thereto may extend its duration for such period as is stated in the extension; and
(b) Invalidated by the fact that by its terms its duration is more than 15 years, but its duration shall be deemed amended to conform with the provisions of this section.
Sec. 8. NRS 78.390 is hereby amended to read as follows:
78.390 1. Except as otherwise provided in subsection 8 or in NRS 77.340 or 78.209 or chapter 92A of NRS, every amendment to the articles of incorporation must be made and approved in the following manner:
(a) The board of directors must adopt a resolution setting forth the amendment proposed and submit the proposed amendment to the stockholders for approval [.
(b) If] and if the corporation is:
(1) A publicly traded corporation and the amendment proposed relates solely to an increase or decrease in the number of shares the corporation is authorized to issue, the stockholders of the affected class or series, regardless of limitations or restrictions on the voting power of the affected class or series, must approve the proposed amendment; or
(2) Not a publicly traded corporation, or is a publicly traded corporation but the amendment proposed does not relate solely to an increase or decrease in the number of shares the corporation is authorized to issue, the stockholders holding shares in the corporation representing at least a majority of the voting power, or such greater proportion of the voting power as may be required in the case of a vote by classes or series, as provided in subsections 2 and 4, or as may be required by the provisions of the articles of incorporation, [have approved] must approve the proposed amendment.
Κ Upon the approval of the proposed amendment [,] by the stockholders as provided in this subsection, an officer of the corporation shall sign a certificate setting forth the amendment, or setting forth the articles of incorporation as amended, and the vote by which the amendment was adopted.
[(c)] (b) The certificate so signed must be filed with the Secretary of State.
(c) An amendment adopted pursuant to this subsection that would have the effect of decreasing the number of shares of a class or series of shares the corporation is authorized to issue below the number of shares of such class or series then issued and outstanding shall be void and of no effect.
2. Except as otherwise provided in this subsection, if any proposed amendment would adversely alter or change any preference or any relative or other right given to any class or series of outstanding shares, then, in addition to any approval otherwise required, the amendment must be approved by the holders of shares representing a majority of the voting power of each class or series adversely affected by the amendment regardless of limitations or restrictions on the voting power thereof. The amendment does not have to be approved by the holders of shares [representing a majority of the voting power] of [each] any class or series whose preference or rights are adversely affected by the amendment if the articles of incorporation specifically deny the holders of such class or series the right to vote on such an amendment.
κ2025 Statutes of Nevada, Page 804 (CHAPTER 142, AB 239)κ
power] of [each] any class or series whose preference or rights are adversely affected by the amendment if the articles of incorporation specifically deny the holders of such class or series the right to vote on such an amendment. Except as otherwise provided in the articles of incorporation, a proposed amendment that designates one or more new series of an existing class as having any preference or any relative or other right that has higher or equal seniority to the corresponding preference or relative or other right of an existing series of the same class does not, solely by virtue of the higher or equal seniority of the preference or right of the proposed new series, constitute an amendment that would adversely alter or change the preference or rights of the existing series.
3. Provision may be made in the articles of incorporation requiring, in the case of any specified amendments, approval by a larger proportion of the voting power of stockholders than that required by this section.
4. Different series of the same class of shares do not constitute different classes of shares for the purpose of voting by classes except when the series is adversely affected by an amendment in a different manner than other series of the same class.
5. The board of directors may, by resolution, abandon the proposed amendment without further action by the stockholders if the resolution of the stockholders approving the proposed amendment authorizes the board of directors to do so. The board of directors may, by resolution, abandon a proposed amendment pursuant to subsection 8 without any action by the stockholders.
6. A certificate filed pursuant to subsection 1 is effective at the time of the filing of the certificate with the Secretary of State or upon a later date and time as specified in the certificate, which date must not be more than 90 days after the date on which the certificate is filed. If a certificate filed pursuant to subsection 1 specifies a later effective date but does not specify an effective time, the certificate is effective at 12:01 a.m. in the Pacific time zone on the specified later date.
7. If a certificate filed pursuant to subsection 1 specifies a later effective date or time and if the board of directors is authorized to abandon the proposed amendment pursuant to subsection 5, the board of directors may terminate the effectiveness of the certificate by resolution and by filing a certificate of termination with the Secretary of State that:
(a) Is filed before the effective time of the certificate filed with the Secretary of State pursuant to subsection 1;
(b) Identifies the certificate being terminated;
(c) States that the board of directors is authorized to terminate the effectiveness of the certificate;
(d) States that the effectiveness of the certificate has been terminated;
(e) Is signed by an officer of the corporation; and
(f) Is accompanied by a filing fee of $175.
8. No action by the stockholders is required if the proposed amendment to the articles of incorporation consists only of a change in the name of the corporation. The articles of incorporation may forbid a corporation from amending the articles of incorporation pursuant to this subsection without stockholder approval.
Sec. 9. NRS 78.416 is hereby amended to read as follows:
78.416 Combination, when used in reference to any resident domestic corporation and any interested stockholder of the resident domestic corporation, means any of the following:
κ2025 Statutes of Nevada, Page 805 (CHAPTER 142, AB 239)κ
1. Any merger or consolidation of the resident domestic corporation or any subsidiary of the resident domestic corporation with:
(a) The interested stockholder; or
(b) Any other entity, whether or not itself an interested stockholder of the resident domestic corporation, which is, or after and as a result of the merger or consolidation would be, an affiliate or associate of the interested stockholder.
2. Any sale, lease, exchange, mortgage, pledge, transfer or other disposition, in one transaction or a series of transactions, to or with the interested stockholder or any affiliate or associate of the interested stockholder of assets of the resident domestic corporation or any subsidiary of the resident domestic corporation:
(a) Having an aggregate market value equal to more than 5 percent of the aggregate market value of all the assets, determined on a consolidated basis, of the resident domestic corporation;
(b) Having an aggregate market value equal to more than 5 percent of the aggregate market value of all the outstanding voting shares of the resident domestic corporation; or
(c) Representing more than 10 percent of the earning power or net income, determined on a consolidated basis, of the resident domestic corporation.
3. The issuance or transfer by the resident domestic corporation or any subsidiary of the resident domestic corporation, in one transaction or a series of transactions, of any shares of the resident domestic corporation or any subsidiary of the resident domestic corporation that have an aggregate market value equal to 5 percent or more of the aggregate market value of all the outstanding voting shares of the resident domestic corporation to the interested stockholder or any affiliate or associate of the interested stockholder except under the exercise of warrants or rights to purchase shares offered, or a dividend or distribution paid or made, pro rata to all stockholders of the resident domestic corporation.
4. The adoption of any plan or proposal for the liquidation or dissolution of the resident domestic corporation under any agreement, arrangement or understanding, whether or not in writing, with the interested stockholder or any affiliate or associate of the interested stockholder.
5. Except for any transaction or series of transactions that would not constitute a combination pursuant to subsection 3, any:
(a) Reclassification of securities, including, without limitation, any splitting of shares [, share dividend,] or other [distribution] issuance of shares with respect to other shares, or any issuance of new shares in exchange for a proportionately greater number of old shares;
(b) Recapitalization of the resident domestic corporation;
(c) Merger or consolidation of the resident domestic corporation with any subsidiary of the resident domestic corporation; or
(d) Other transaction, whether or not with or into or otherwise involving the interested stockholder,
Κ under any agreement, arrangement or understanding, whether or not in writing, with the interested stockholder or any affiliate or associate of the interested stockholder, which has the immediate and proximate effect of increasing the proportionate share of the outstanding shares of any class or series of voting shares or securities convertible into voting shares of the resident domestic corporation or any subsidiary of the resident domestic corporation which is beneficially owned by the interested stockholder or any affiliate or associate of the interested stockholder, except as a result of immaterial changes because of adjustments of fractional shares.
κ2025 Statutes of Nevada, Page 806 (CHAPTER 142, AB 239)κ
affiliate or associate of the interested stockholder, except as a result of immaterial changes because of adjustments of fractional shares.
6. Any receipt by the interested stockholder or any affiliate or associate of the interested stockholder of the benefit, directly or indirectly, except proportionately as a stockholder of the resident domestic corporation, of any loan, advance, guarantee, pledge or other financial assistance or any tax credit or other tax advantage provided by or through the resident domestic corporation.
Sec. 10. NRS 78.573 is hereby amended to read as follows:
78.573 1. The Secretary of State shall authorize a corporation whose charter has been revoked to dissolve without paying additional fees and penalties, other than the fee for filing [a certificate] articles of dissolution required by NRS 78.780, if the corporation provides evidence satisfactory to the Secretary of State that the corporation did not transact business in this State or as a corporation organized pursuant to the laws of this State:
(a) During the entire period for which its charter was revoked; or
(b) During a portion of the period for which its charter was revoked and the corporation paid the fees and penalties for the portion of that period in which the corporation transacted business in this State or as a corporation organized pursuant to the laws of this State.
2. The Secretary of State may adopt regulations to administer the provisions of this section.
Sec. 11. NRS 78.580 is hereby amended to read as follows:
78.580 1. If the board of directors of any corporation organized under this chapter decides that the corporation should be dissolved, the board may adopt a resolution to that effect.
2. If the corporation has issued no stock, only the directors need to approve the dissolution.
3. If the corporation has issued stock, the directors must recommend the dissolution to the stockholders. The board of directors may condition its submission of the proposal for dissolution on any lawful basis. Unless the dissolution is to be approved by written consent pursuant to subsection 2 of NRS 78.320, the corporation shall notify each stockholder, whether or not entitled to vote on dissolution, of the proposed dissolution and the stockholders entitled to vote must approve the dissolution. If the dissolution is approved by written consent pursuant to subsection 2 of NRS 78.320, the corporation shall notify , [each stockholder whose written consent was not solicited of the dissolution,] in writing, not later than 10 days after the effective date of the dissolution [.] , each stockholder whose written consent was not solicited to approve the dissolution.
4. If the dissolution is approved by the directors or both the directors and stockholders, as respectively provided in subsections 2 and 3, the corporation shall file with the Secretary of State [a certificate] articles of dissolution signed by an officer of the corporation setting forth the name of the corporation, that the dissolution has been approved by the directors, or by the directors and the stockholders, [and] a list of the names and addresses, either residence or business, of the corporations president, secretary and treasurer, or the equivalent thereof, and all of its directors [.] , and the effective date and time of the dissolution.
5. The dissolution takes effect at the time of the filing of the [certificate] articles of dissolution with the Secretary of State or upon a later date and time as specified in the [certificate,] articles of dissolution, which date must be not more than 90 days after the date on which the [certificate is] articles of dissolution are filed.
κ2025 Statutes of Nevada, Page 807 (CHAPTER 142, AB 239)κ
articles of dissolution are filed. If [a certificate] the articles of dissolution [specifies] specify a later effective date but [does] do not specify an effective time, the [certificate] dissolution is effective at 12:01 a.m. in the Pacific time zone on the specified later date.
Sec. 12. NRS 78.780 is hereby amended to read as follows:
78.780 The fee for filing [a certificate] articles of dissolution, whether it occurs before or after payment of capital and beginning of business, is $100.
Sec. 13. NRS 82.442 is hereby amended to read as follows:
82.442 1. The Secretary of State shall authorize a nonprofit corporation whose charter has been revoked to dissolve without paying additional fees and penalties, other than the fee for filing a [certificate] record of dissolution required by NRS 82.531, if the nonprofit corporation provides evidence satisfactory to the Secretary of State that the nonprofit corporation did not transact business in this State or as a nonprofit corporation organized pursuant to the laws of this State:
(a) During the entire period for which its charter was revoked; or
(b) During a portion of the period for which its charter was revoked and the nonprofit corporation paid the fees and penalties for the portion of that period in which the nonprofit corporation transacted business in this State or as a nonprofit corporation organized pursuant to the laws of this State.
2. The Secretary of State may adopt regulations to administer the provisions of this section.
Sec. 14. NRS 86.241 is hereby amended to read as follows:
86.241 1. Each limited-liability company shall continuously keep at its principal office in this State or with its custodian of records whose name and street address are available at its registered office, unless otherwise provided by an operating agreement, the following:
(a) A current list of the full name and last known [business] address , either residence or business, of each member and manager, separately identifying the members in alphabetical order and the managers, if any, in alphabetical order;
(b) A copy of the filed articles of organization and all amendments thereto, together with signed copies of any powers of attorney pursuant to which any record has been signed; and
(c) Copies of any then effective operating agreement of the company.
2. Each member of a limited-liability company is entitled to obtain from the company, from time to time upon reasonable demand, for any purpose reasonably related to the interest of the member as a member of the company:
(a) The records required to be maintained pursuant to subsection 1;
(b) True and, in light of the members stated purpose, complete records regarding the activities and the status of the business and financial condition of the company;
(c) Promptly after becoming available, a copy of the companys federal, state and local income tax returns for each year;
(d) True and complete records regarding the amount of cash and a description and statement of the agreed value of any other property or services contributed by each member and which each member has agreed to contribute in the future, and the date on which each became a member; and
(e) Other records regarding the affairs of the company as is just and reasonable under the circumstances and in light of the members stated purpose for demanding such records.
κ2025 Statutes of Nevada, Page 808 (CHAPTER 142, AB 239)κ
Κ The right to obtain records under this subsection includes, if reasonable, the right to make copies or abstracts by photographic, xerographic, electronic or other means.
3. Each manager of a limited-liability company managed by a manager or managers is entitled to examine from time to time upon reasonable demand, for a purpose reasonably related to the managers rights, powers and duties as such, the records described in subsection 2.
4. Any demand by a member or manager under subsection 2 or 3 is subject to such reasonable standards regarding at what time and location and at whose expense records are to be furnished as may be set forth in the articles of organization or in an operating agreement adopted or amended as provided in subsection 8, or, if no such standards are set forth in the articles of organization or operating agreement, the records must be provided or made available for examination, as the case may be, during ordinary business hours, at the expense of the demanding member or manager.
5. If the records subject to a demand pursuant to subsection 2 or 3 are not available to obtain or made available for examination, as applicable, at a location within this State upon a reasonable demand made pursuant to subsection 2 or 3, the manager or member may serve a demand upon the limited-liability companys registered agent that the records to be obtained or examined be sent to the demanding manager or member. Upon such a demand, the limited-liability company shall send copies of the requested records described in subsection 2 either in paper or electronic form to the manager or member within 10 business days after the demand is served upon the registered agent.
6. Any demand by a member or manager under this section must be in writing and must state the purpose of such demand. When a demanding member seeks to obtain or a manager seeks to examine the records described in subsection 2, the demanding member or manager must first establish that:
(a) The demanding member or manager has complied with the provisions of this section respecting the form and manner of making a demand for obtaining or examining such records; and
(b) The records sought by the demanding member or manager are reasonably related to the members interest as a member or the managers rights, powers and duties as a manager, as the case may be.
7. In every instance where an attorney or other agent of a member or manager seeks to exercise any right arising under this section on behalf of such member or manager, the demand must be accompanied by a power of attorney signed by the member or manager authorizing the attorney or other agent to exercise such rights on behalf of the member or manager.
8. The rights of a member to obtain or a manager to examine records as provided in this section may be restricted or denied entirely in the articles of organization or in an operating agreement adopted by all of the members or by the sole member or in any subsequent amendment adopted by all of the members at the time of amendment.
Sec. 15. NRS 86.490 is hereby amended to read as follows:
86.490 1. Before the commencement of business by any limited-liability company where management is vested in one or more managers and where no members interest in the limited-liability company has been issued, at least two-thirds of the organizers or the managers of the limited-liability company may dissolve the limited-liability company by filing with the Secretary of State [a certificate] articles of dissolution to dissolve the limited-liability company.
κ2025 Statutes of Nevada, Page 809 (CHAPTER 142, AB 239)κ
2. [A certificate] Any articles of dissolution filed with the Secretary of State pursuant to subsection 1 must state that:
(a) The management of the limited-liability company is vested in one or more managers;
(b) The limited-liability company has not commenced business; and
(c) No members interest in the limited-liability company has been issued.
Sec. 16. NRS 86.531 is hereby amended to read as follows:
86.531 1. Except in the case of a dissolution pursuant to NRS 86.490, as soon as practicable after the [dissolution of] determination that a limited-liability company [,] should be dissolved, articles of dissolution must be prepared and signed setting forth:
(a) The name of the limited-liability company;
(b) That the [company has been dissolved;] dissolution has been approved or is otherwise required pursuant to NRS 86.491, or has been decreed by the district court pursuant to NRS 86.495; and
(c) The effective date and time of the dissolution, which [may not] must be [later than] at the [effective date and] time of the filing of the articles of dissolution [.] with the Secretary of State or upon a later date and time as specified in the articles of dissolution, which date must not be more than 90 days after the date on which the articles of dissolution are filed. If the articles of dissolution specify a later effective date but do not specify an effective time, the dissolution is effective at 12:01 a.m. in the Pacific time zone on the specified later date.
2. The articles of dissolution must be signed by:
(a) A manager of the company, if management of the company is vested in a manager;
(b) A member of the company, if management of the company is not vested in a manager; or
(c) The personal representative of the last remaining member, if there is no remaining manager or member, unless otherwise provided in the articles of organization or operating agreement.
Sec. 17. NRS 86.544 is hereby amended to read as follows:
86.544 1. Before transacting business in this State, a foreign limited-liability company must register with the Secretary of State. A person shall not register a foreign limited-liability company with the Secretary of State for any illegal purpose or with the fraudulent intent to conceal any business activity, or lack thereof, from another person or a governmental agency.
2. In order to register, a foreign limited-liability company must submit to the Secretary of State an application for registration as a foreign limited-liability company, signed by a manager of the company or, if management is not vested in a manager, a member of the company, or by some other person specifically authorized by the foreign limited-liability company to sign the application. The application for registration must set forth:
(a) The name of the foreign limited-liability company and, if different, the name under which it proposes to register and transact business in this State;
(b) The jurisdiction and date of its formation;
(c) A declaration of the existence of the foreign limited-liability company and that the foreign limited-liability company is in good standing in the jurisdiction in which it was formed;
κ2025 Statutes of Nevada, Page 810 (CHAPTER 142, AB 239)κ
(d) The information required pursuant to NRS 77.310;
(e) A statement that the Secretary of State is appointed the agent of the foreign limited-liability company for service of process if the authority of the registered agent has been revoked, or if the registered agent has resigned or cannot be found or served with the exercise of reasonable diligence;
(f) The address of the office required to be maintained in the state of its organization by the laws of that state or, if not so required, of the principal office of the foreign limited-liability company;
(g) The name and [business] address , either residence or business, of each manager or, if management is not vested in a manager, each member;
(h) The address of the office at which is kept a list of the names and addresses of the members and their capital contributions, together with an undertaking by the foreign limited-liability company to keep those records until the registration in this State of the foreign limited-liability company is cancelled or withdrawn; and
(i) If the foreign limited-liability company has one or more series of members and if the debts or liabilities of a series are enforceable against the assets of that series only and not against the assets of the company generally or another series, a statement to that effect.
Sec. 18. NRS 87.4343 is hereby amended to read as follows:
87.4343 A partner is dissociated from a partnership upon the occurrence of any of the following events:
1. The partnerships having notice of the partners express will to withdraw as a partner or on a later date specified by the partner;
2. An event agreed to in the partnership agreement as causing the partners dissociation;
3. The partners expulsion pursuant to the partnership agreement;
4. The partners expulsion by the unanimous vote of the other partners if:
(a) It is unlawful to carry on the partnership business with that partner;
(b) There has been a transfer of all or substantially all of that partners transferable interest in the partnership, other than a transfer for security purposes, or a court order charging the partners interest, which has not been foreclosed;
(c) Within 90 days after the partnership notifies a corporate partner that it will be expelled because it has filed [a certificate] articles of dissolution or the equivalent, its charter has been revoked or its right to conduct business has been suspended by the jurisdiction of its incorporation, there is no revocation of the [certificate] articles of dissolution or no reinstatement of its charter or its right to conduct business; or
(d) A partnership that is a partner has been dissolved and its business is being wound up;
5. On application by the partnership or another partner, the partners expulsion by judicial determination because:
(a) The partner engaged in wrongful conduct that adversely and materially affected the partnership business;
(b) The partner willfully or persistently committed a material breach of the partnership agreement or of a duty owed to the partnership or the other partners under NRS 87.4336; or
(c) The partner engaged in conduct relating to the partnership business which makes it not reasonably practicable to carry on the business in partnership with the partner;
κ2025 Statutes of Nevada, Page 811 (CHAPTER 142, AB 239)κ
6. The partners:
(a) Becoming a debtor in bankruptcy;
(b) Executing an assignment for the benefit of creditors;
(c) Seeking, consenting to or acquiescing in the appointment of a trustee, receiver or liquidator of that partner or of all or substantially all of that partners property; or
(d) Failing, within 90 days after the appointment, to have vacated or stayed the appointment of a trustee, receiver or liquidator of the partner or of all or substantially all of the partners property obtained without the partners consent or acquiescence, or failing within 90 days after the expiration of a stay to have the appointment vacated;
7. In the case of a partner who is a natural person:
(a) The partners death;
(b) The appointment of a guardian or general conservator for the partner; or
(c) A judicial determination that the partner has otherwise become incapable of performing the partners duties under the partnership agreement;
8. In the case of a partner that is a trust or is acting as a partner by virtue of being a trustee of a trust, distribution of the trusts entire transferable interest in the partnership, but not merely by reason of the substitution of a successor trustee;
9. In the case of a partner that is an estate or is acting as a partner by virtue of being a personal representative of an estate, distribution of the estates entire transferable interest in the partnership, but not merely by reason of the substitution of a successor personal representative; or
10. Termination of a partner who is not a natural person, partnership, corporation, trust or estate.
Sec. 19. NRS 87A.435 is hereby amended to read as follows:
87A.435 1. A person does not have a right to withdraw as a limited partner before the termination of the limited partnership.
2. A person is withdrawn from a limited partnership as a limited partner upon the occurrence of any of the following events:
(a) The limited partnerships having notice of the persons express will to withdraw as a limited partner or on a later date specified by the person;
(b) An event agreed to in the partnership agreement as causing the persons withdrawal as a limited partner;
(c) The persons expulsion as a limited partner pursuant to the partnership agreement;
(d) The persons expulsion as a limited partner by the unanimous consent of the other partners if:
(1) It is unlawful to carry on the limited partnerships activities with the person as a limited partner;
(2) There has been a transfer of all of the persons transferable interest in the limited partnership, other than a transfer for security purposes, or a court order charging the persons interest, which has not been foreclosed;
(3) The person is a corporation and, within 90 days after the limited partnership notifies the person that it will be expelled as a limited partner because it has filed [a certificate] articles of dissolution or the equivalent, its charter has been revoked or its right to conduct business has been suspended by the jurisdiction of its incorporation, there is no revocation of the [certificate] articles of dissolution or no reinstatement of its charter or its right to conduct business; or
κ2025 Statutes of Nevada, Page 812 (CHAPTER 142, AB 239)κ
(4) The person is a limited-liability company or partnership that has been dissolved and whose business is being wound up;
(e) On application by the limited partnership, the persons expulsion as a limited partner by judicial order because:
(1) The person engaged in wrongful conduct that adversely and materially affected the limited partnerships activities;
(2) The person willfully or persistently committed a material breach of the partnership agreement or of the obligation of good faith and fair dealing under subsection 2 of NRS 87A.340; or
(3) The person engaged in conduct relating to the limited partnerships activities which makes it not reasonably practicable to carry on the activities with the person as limited partner;
(f) In the case of a person who is a natural person, the persons death;
(g) In the case of a person that is a trust or is acting as a limited partner by virtue of being a trustee of a trust, distribution of the trusts entire transferable interest in the limited partnership, but not merely by reason of the substitution of a successor trustee;
(h) In the case of a person that is an estate or is acting as a limited partner by virtue of being a personal representative of an estate, distribution of the estates entire transferable interest in the limited partnership, but not merely by reason of the substitution of a successor personal representative;
(i) Termination of a limited partner that is not a natural person, partnership, limited-liability company, corporation, trust or estate; or
(j) The limited partnerships participation in a conversion or merger if the limited partnership:
(1) Is not the converted or surviving entity; or
(2) Is the converted or surviving entity but, as a result of the conversion or merger, the person ceases to be a limited partner.
Sec. 20. NRS 87A.445 is hereby amended to read as follows:
87A.445 A person is withdrawn from a limited partnership as a general partner upon the occurrence of any of the following events:
1. The limited partnerships having notice of the persons express will to withdraw as a general partner or on a later date specified by the person;
2. An event agreed to in the partnership agreement as causing the persons withdrawal as a general partner;
3. The persons expulsion as a general partner pursuant to the partnership agreement;
4. The persons expulsion as a general partner by the unanimous consent of the other partners if:
(a) It is unlawful to carry on the limited partnerships activities with the person as a general partner;
(b) There has been a transfer of all or substantially all of the persons transferable interest in the limited partnership, other than a transfer for security purposes, or a court order charging the persons interest, which has not been foreclosed;
(c) The person is a corporation and, within 90 days after the limited partnership notifies the person that it will be expelled as a general partner because it has filed [a certificate] articles of dissolution or the equivalent, its charter has been revoked or its right to conduct business has been suspended by the jurisdiction of its incorporation, there is no revocation of the [certificate] articles of dissolution or no reinstatement of its charter or its right to conduct business; or
κ2025 Statutes of Nevada, Page 813 (CHAPTER 142, AB 239)κ
(d) The person is a limited-liability company or partnership that has been dissolved and whose business is being wound up;
5. On application by the limited partnership, the persons expulsion as a general partner by judicial determination because:
(a) The person engaged in wrongful conduct that adversely and materially affected the limited partnership activities;
(b) The person willfully or persistently committed a material breach of the partnership agreement or of a duty owed to the partnership or the other partners under NRS 87A.385; or
(c) The person engaged in conduct relating to the limited partnerships activities which makes it not reasonably practicable to carry on the activities of the limited partnership with the person as a general partner;
6. The persons:
(a) Becoming a debtor in bankruptcy;
(b) Execution of an assignment for the benefit of creditors;
(c) Seeking, consenting to or acquiescing in the appointment of a trustee, receiver or liquidator of the person or of all or substantially all of the persons property; or
(d) Failure, within 90 days after the appointment, to have vacated or stayed the appointment of a trustee, receiver or liquidator of the general partner or of all or substantially all of the persons property obtained without the persons consent or acquiescence, or failing within 90 days after the expiration of a stay to have the appointment vacated;
7. In the case of a person who is a natural person:
(a) The persons death;
(b) The appointment of a guardian or general conservator for the person; or
(c) A judicial determination that the person has otherwise become incapable of performing the persons duties as a general partner under the partnership agreement;
8. In the case of a person that is a trust or is acting as a general partner by virtue of being a trustee of a trust, distribution of the trusts entire transferable interest in the limited partnership, but not merely by reason of the substitution of a successor trustee;
9. In the case of a person that is an estate or is acting as a general partner by virtue of being a personal representative of an estate, distribution of the estates entire transferable interest in the limited partnership, but not merely by reason of the substitution of a successor personal representative;
10. Termination of a general partner that is not a natural person, partnership, limited-liability company, corporation, trust or estate; or
11. The limited partnerships participation in a conversion or merger under chapter 92A of NRS, if the limited partnership:
(a) Is not the converted or surviving entity; or
(b) Is the converted or surviving entity but, as a result of the conversion or merger, the person ceases to be a general partner.
Sec. 21. NRS 88.450 is hereby amended to read as follows:
88.450 Except as approved by the specific written consent of all partners at the time, a person ceases to be a general partner of a limited partnership upon the happening of any of the following events:
1. The general partner withdraws from the limited partnership as provided in NRS 88.495;
2. The general partner ceases to be a member of the limited partnership as provided in NRS 88.530;
κ2025 Statutes of Nevada, Page 814 (CHAPTER 142, AB 239)κ
3. The general partner is removed as a general partner in accordance with the partnership agreement;
4. Unless otherwise provided in writing in the partnership agreement, the general partner:
(a) Makes an assignment for the benefit of creditors;
(b) Files a voluntary petition in bankruptcy;
(c) Is adjudicated a bankrupt or insolvent;
(d) Files a petition or answer seeking for the general partner any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any statute, law or regulation;
(e) Files an answer or other pleading admitting or failing to contest the material allegations of a petition filed against the general partner in any proceeding of this nature; or
(f) Seeks, consents to or acquiesces in the appointment of a trustee, receiver or liquidator of the general partner or of all or any substantial part of the general partners properties;
5. Unless otherwise provided in writing in the partnership agreement, 120 days after the commencement of any proceeding against the general partner seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any statute, law or regulation, the proceeding has not been dismissed, or if within 90 days after the appointment without the general partners consent or acquiescence of a trustee, receiver or liquidator of the general partner or of all or any substantial part of the general partners properties, the appointment is not vacated or stayed, or within 90 days after the expiration of any such stay, the appointment is not vacated;
6. In the case of a general partner who is a natural person:
(a) The general partners death; or
(b) The entry by a court of competent jurisdiction adjudicating the general partner to be incapacitated;
7. In the case of a general partner who is acting as a general partner by virtue of being a trustee of a trust, the termination of the trust, but not merely the substitution of a new trustee;
8. In the case of a general partner that is a separate partnership, the dissolution and commencement of winding up of the separate partnership;
9. In the case of a general partner that is a corporation, the filing of [a certificate] articles of dissolution, or its equivalent, for the corporation or the revocation of its charter; or
10. In the case of an estate, the distribution by the fiduciary of the estates entire interest in the partnership.
Sec. 22. Chapter 92A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Unless otherwise expressly required by the articles of incorporation of a constituent corporation, no submission to and no vote of the stockholders of the constituent corporation are necessary to authorize a restructuring merger if the plan of merger expressly permits or requires the merger to be effected under this section and:
(a) The constituent corporation and the merger subsidiary are the only constituent entities in the restructuring merger;
(b) Each share or fraction of a share of the capital stock of the constituent corporation outstanding immediately before the effective time of the restructuring merger is converted in the restructuring merger into a share or equal fraction of a share of a class or series of capital stock of the holding corporation that, in comparison to the class or series of capital stock of the constituent corporation being converted:
κ2025 Statutes of Nevada, Page 815 (CHAPTER 142, AB 239)κ
holding corporation that, in comparison to the class or series of capital stock of the constituent corporation being converted:
(1) Has the same voting powers, designations, preferences, limitations, restrictions and relative rights;
(2) Is likewise registered under applicable securities laws, if the class or series of such converted share or fraction of a share was so registered immediately before the effective time of the restructuring merger; and
(3) Is likewise eligible or approved for trading on each exchange and in each market, if any, as the class or series of the converted share or fraction of a share was so eligible or approved immediately before the effective time of the restructuring merger;
(c) The organizational documents of the holding corporation immediately following the effective time of the restructuring merger contain only provisions identical to the organizational documents of the constituent corporation immediately before the effective time of the restructuring merger, other than:
(1) The name of the holding corporation, if different from the constituent corporation;
(2) Any provision that could be omitted from restated articles of incorporation in accordance with NRS 78.403; and
(3) The provisions required by paragraph (f);
(d) As a result of the restructuring merger, the surviving company becomes a direct or indirect wholly owned subsidiary of the holding corporation;
(e) The plan of merger for the restructuring merger requires that the directors and officers of the constituent corporation are the only directors and officers, respectively, of the holding corporation at the effective time of the restructuring merger;
(f) The organizational documents of the holding corporation and the surviving company, in each case for a period of not less than 2 years after the effective time of the restructuring merger, contain provisions requiring, by specific reference to this section, that:
(1) At least a majority of the voting power of the governing body of the surviving company will be comprised of individuals then serving as a director of the holding corporation, unless the surviving company is a limited-liability company managed by its members and the holding corporation then holds at least a majority of the voting power of the owners interests of the surviving company;
(2) If the surviving company is a limited-liability company, either:
(I) The surviving company will be managed by its members and the holding corporation then holds at least a majority of the voting power of the owners interests of the surviving company; or
(II) The surviving company will be managed by one or more managers and the organizational documents of the surviving company expressly provide that each such manager shall be subject to non-waivable fiduciary duties identical to those of a director of a domestic corporation and the benefit of the entitlements, presumptions and protections afforded to such directors under chapter 78 of NRS;
(3) The approval of at least a majority of the voting power of the stockholders of the holding corporation or owners of any successor entity thereto will be required, in addition to any vote or other approval required by this chapter or the organizational documents of the holding corporation or the surviving company, for:
κ2025 Statutes of Nevada, Page 816 (CHAPTER 142, AB 239)κ
(I) Any other merger in which the surviving company is a constituent entity, other than a merger of the surviving company with another entity that is wholly owned by the holding corporation immediately before the effective time of such other merger, that requires the approval of the owners of the surviving company;
(II) Any sale of the assets of the surviving company that would require the approval of the stockholders pursuant to NRS 78.565 if the surviving company were a domestic corporation, regardless of whether the surviving corporation is then a domestic corporation, provided that no approval pursuant to this sub-subparagraph will be required in connection with the mortgage or pledge of such assets made in good faith and not in circumvention of any other approval required pursuant to this subparagraph;
(III) Any sale, exchange, transfer or other disposition of the owners interests of the surviving company holding greater than a majority of the voting power of such owners interests with respect to the election of the governing body of the surviving company, provided that no approval pursuant to this sub-subparagraph will be required in connection with the mortgage or pledge of such owners interests made in good faith and not in circumvention of any other approval required pursuant to this subparagraph; or
(IV) Dissolution or other termination of the existence of the surviving company; and
(4) The provisions of subparagraph (3) shall not be construed to require the approval of the stockholders of the holding corporation to elect or remove any member of the governing body of the surviving entity; and
(g) The board of directors of the constituent corporation determines in good faith that the stockholders of the constituent corporation would not reasonably be expected to recognize gain or loss for United States federal income tax purposes by reason of giving effect to the restructuring merger.
2. The articles of incorporation of a domestic corporation may forbid the corporation from entering into a merger pursuant to this section.
3. Nothing in this section shall revive, extinguish or otherwise affect the standing of any person under NRS 41.520 with respect to the constituent corporation as of immediately before the effective time of the restructuring merger.
4. This section does not apply to circumvent or contravene the provisions of NRS 78.378 to 78.3793, inclusive, or 78.411 to 78.444, inclusive. If and to the extent the provisions of NRS 78.378 to 78.3793, inclusive, or 78.411 to 78.444, inclusive, applied to the constituent corporation, any class or series of its capital stock or any of its stockholders immediately before the effective time of the restructuring merger, such provisions apply correspondingly to the holding corporation, its capital stock and its stockholders immediately after the effective time of the restructuring merger. Nothing in this section shall be construed to:
(a) Affect the status of any stockholder as an interested stockholder, as defined in NRS 78.3787 or 78.423; or
(b) Lengthen or shorten the duration of any time period under the provisions of NRS 78.378 to 78.3793, inclusive, or 78.411 to 78.444, inclusive, applicable to the constituent corporation, any class or series of its capital stock or any of its stockholders immediately before the effective time of the restructuring merger, and the duration of each such time period as applicable to the holding corporation, its capital stock and its stockholders after the effective time of the restructuring merger, will be determined with reference to the constituent corporation, its capital stock and its stockholders before the effective time of the restructuring merger.
κ2025 Statutes of Nevada, Page 817 (CHAPTER 142, AB 239)κ
stockholders after the effective time of the restructuring merger, will be determined with reference to the constituent corporation, its capital stock and its stockholders before the effective time of the restructuring merger.
5. As used in this section:
(a) Constituent corporation means a domestic corporation that is a constituent entity in a restructuring merger.
(b) Holding corporation means a domestic corporation which, from the date of its incorporation through and until the effective time of a restructuring merger, is at all times a direct or indirect wholly owned subsidiary of the constituent corporation and whose shares will be issued to the former stockholders of the constituent corporation in the restructuring merger.
(c) Merger subsidiary means a domestic corporation or domestic limited-liability company in each case that is a direct or indirect wholly owned subsidiary of the constituent corporation.
(d) Organizational documents means, when used in reference to:
(1) A corporation, the articles of incorporation and bylaws of the corporation; and
(2) A limited-liability company, the articles of organization and operating agreement of the limited-liability company.
(e) Restructuring merger means the merger of a constituent corporation with a merger subsidiary effected pursuant to this section.
(f) Surviving company means the surviving entity of the merger of the constituent corporation and the merger subsidiary.
Sec. 23. NRS 92A.120 is hereby amended to read as follows:
92A.120 1. [After adopting] For a plan of merger, [exchange or] conversion [,] or exchange to be approved, the board of directors of each domestic corporation that is a constituent entity [in the merger or conversion, or the board of directors of the domestic corporation whose shares will be acquired in the exchange,] must [submit] adopt the plan . [of merger, except]
2. Except as otherwise provided in NRS 92A.130, 92A.133 and 92A.180 [, the plan of conversion or the plan of exchange for approval by its stockholders who are entitled to vote on the plan in accordance with the provisions of this section.
2. For a plan of merger, conversion or exchange to be approved:] and section 22 of this act:
(a) The board of directors of each domestic corporation that is a constituent entity must recommend the plan [of merger, conversion or exchange] to the stockholders [,] of such a domestic corporation who are entitled to vote on the plan, unless the board of directors determines that because of a conflict of interest , or because of other special circumstances relating to the composition of the board of directors at the time of its consideration of the plan, it should make no recommendation and it communicates the basis for its determination to the stockholders [with] in its submission of the plan [; and] pursuant to paragraph (b);
(b) The board of directors of each domestic corporation that is a constituent entity must submit the plan for approval by the stockholders of such a domestic corporation who are entitled to vote on the plan in accordance with the provisions of this section; and
(c) The stockholders of each domestic corporation that is a constituent entity who are entitled to vote on the plan must approve the plan [.] in accordance with the provisions of this section.
κ2025 Statutes of Nevada, Page 818 (CHAPTER 142, AB 239)κ
3. Without limiting the requirements of paragraph (a) of subsection 2:
(a) The board of directors may condition its submission to the stockholders of the proposed merger, conversion or exchange on any basis [. The provisions of this section or this chapter must not be construed to permit a board of directors to submit, or to agree to submit, a] ; and
(b) If any provision of the plan of merger, conversion or exchange [to the stockholders without the recommendation of the board required pursuant to paragraph (a) of subsection 2 unless the board of directors determines that because of a conflict of interest or other special circumstances it should make no recommendation and it communicates the basis for its determination to the stockholders with the plan. Any] or of any other agreement [of] requires the board of directors to submit [a] the plan [of merger, conversion or exchange] to the stockholders , notwithstanding an adverse recommendation of the board of directors made in accordance with the terms and conditions of the plan, such provision shall be [deemed to be] void and of no force or effect.
4. Unless the plan of merger, conversion or exchange is approved by the written consent of stockholders pursuant to subsection 7, the domestic corporation must notify each stockholder, whether or not the stockholder is entitled to vote, of the proposed stockholders meeting in accordance with NRS 78.370. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the plan of merger, conversion or exchange and must contain or be accompanied by a copy or summary of the plan.
5. Unless this chapter, the articles of incorporation, the resolutions of the board of directors establishing the class or series of stock or the board of directors acting pursuant to paragraph (a) of subsection 3 require a greater vote or a vote by classes of stockholders, the plan of merger or conversion must be approved by a majority of the voting power of the stockholders.
6. Unless the articles of incorporation or the resolution of the board of directors establishing a class or series of stock provide otherwise, or unless the board of directors acting pursuant to paragraph (a) of subsection 3 requires a greater vote, the plan of exchange must be approved by a majority of the voting power of each class and each series to be exchanged pursuant to the plan of exchange.
7. Unless otherwise provided in the articles of incorporation or the bylaws of the domestic corporation, the plan of merger, conversion or exchange may be approved by written consent as provided in NRS 78.320.
8. If an officer, director or stockholder of a domestic corporation, which will be the constituent entity in a conversion, will have any liability for the obligations of the resulting entity after the conversion because the officer, director or stockholder will be the owner of an owners interest in the resulting entity, then that officer, director or stockholder must also approve the plan of conversion.
9. Unless otherwise provided in the articles of incorporation or bylaws of a domestic corporation, a plan of merger, conversion or exchange may contain a provision that permits amendment of the plan of merger, conversion or exchange at any time after the stockholders of the domestic corporation approve the plan of merger, conversion or exchange, but before the articles of merger, conversion or exchange become effective, without obtaining the approval of the stockholders of the domestic corporation for the amendment if the amendment does not:
κ2025 Statutes of Nevada, Page 819 (CHAPTER 142, AB 239)κ
(a) Alter or change the manner or basis of exchanging an owners interest to be acquired for owners interests, rights to purchase owners interests, or other securities of the acquiring entity or any other entity, or for cash or other property in whole or in part; or
(b) Alter or change any of the terms and conditions of the plan of merger, conversion or exchange in a manner that adversely affects the stockholders of the domestic corporation.
[10. A board of directors shall cancel the proposed meeting or remove the plan of merger, conversion or exchange from consideration at the meeting if the board of directors determines that it is not advisable to submit the plan of merger, conversion or exchange to the stockholders for approval.]
Sec. 24. NRS 92A.133 is hereby amended to read as follows:
92A.133 1. Unless otherwise expressly required by the articles of incorporation, no submission to, and no vote of , the stockholders of a domestic corporation is necessary to authorize a merger in which the domestic corporation is a constituent entity if the plan of merger expressly permits or requires the merger to be effected under this section and:
(a) The ownership threshold requirement is satisfied without any offer, subject to the provisions of subsection 2; or
(b) The ownership threshold requirement is satisfied in whole or in part by way of an offer and:
(1) The domestic corporation has been a publicly traded corporation at all times during the period between:
(I) The date of the commencement of the offer or the date of the adoption of the plan of merger by the board of directors of the domestic corporation, whichever is earlier; and
(II) The effective date of the merger; and
(2) The plan of merger requires that:
(I) The merger must be effected as soon as practicable following the consummation of the offer if the merger is effected under this section; and
(II) Each outstanding share of each class or series of stock of the domestic corporation that is the subject of, and not irrevocably accepted for purchase or exchange in, the offer must be converted in such merger into, or into the right to receive, the same amount and kind of cash, property, rights or securities to be paid for shares of such class or series of stock of the domestic corporation irrevocably accepted for purchase or exchange in the offer. The plan of merger may expressly provide that the requirements of this sub-subparagraph must not apply to specified categories of excluded shares.
2. If a merger pursuant to this section is to be effectuated without any offer:
(a) The ownership threshold requirement must be satisfied without counting the voting power of any shares of the stock of the domestic corporation acquired from the domestic corporation, or any of the directors, officers, affiliates or associates thereof, within the 6 months immediately preceding the adoption of the plan of merger by the board of directors of the domestic corporation;
(b) The domestic corporation must provide notice of the merger to all of its stockholders not less than 30 days before the effective date of the merger; and
(c) The domestic corporation must have been a publicly traded corporation at all times during the period between the date of the adoption of the plan of merger by the board of directors of the domestic corporation and the effective date of the merger.
κ2025 Statutes of Nevada, Page 820 (CHAPTER 142, AB 239)κ
3. This section does not apply to circumvent or contravene the provisions of NRS 78.378 to 78.3793, inclusive, or NRS 78.411 to 78.444, inclusive.
4. As used in this section:
(a) Affiliate has the meaning ascribed to it in NRS 78.412.
(b) Associate has the meaning ascribed to it in NRS 78.413.
(c) Consummation means the irrevocable acceptance for purchase or exchange of shares tendered pursuant to an offer.
(d) Excluded shares means:
(1) Rollover shares; and
(2) Shares of the domestic corporation that are owned beneficially or of record at the commencement of an offer by:
(I) The domestic corporation;
(II) The constituent entity making the offer;
(III) Any person who owns, directly or indirectly, all of the outstanding equity interests of the constituent entity making the offer; or
(IV) Any direct or indirect wholly owned subsidiary of any of the foregoing.
(e) Offer means an offer made by the other constituent entity in the merger for all of the outstanding shares of each class or series of stock of the domestic corporation listed on a national securities exchange, on the terms provided in the plan of merger that, absent this section, would be entitled to vote on the approval of the plan of merger. The other constituent entity in the merger may, but is not required to, engage in the consummation of separate offers for separate classes or series of the stock of the domestic corporation. An offer may, but is not required to:
(1) Exclude any excluded shares; and
(2) Be conditioned on the tender of a minimum number or proportion of shares of any class or series of the stock of the domestic corporation.
(f) Owned affiliate means, with respect to a constituent entity, any other person who owns, directly or indirectly, all of the outstanding equity interests of the constituent entity, or any direct or indirect wholly owned subsidiary of the constituent entity or other person.
(g) Ownership threshold requirement means that the voting power of the stock of the domestic corporation otherwise owned beneficially or of record by the other constituent entity in the merger or any of the owned affiliates of the other constituent entity, together with the voting power of any rollover shares and any shares irrevocably accepted for purchase or exchange pursuant to any offer and received before the expiration of the offer by the agent or depositary appointed to facilitate the consummation of the offer, equals at least that proportion of the voting power of the stock, and of each class or series thereof, of the domestic corporation that, absent this section, would be required to approve the plan of merger under this chapter and the articles of incorporation and bylaws of the domestic corporation. For the purposes of this paragraph, shares are received:
(1) If the shares are certificated shares, upon physical receipt by the agent or depositary of a stock certificate with an executed letter of transmittal or other instrument of transfer;
(2) If the shares are uncertificated shares held of record by a clearing corporation as nominee, upon transfer into the account of the agent or depositary by way of an agents message; and
κ2025 Statutes of Nevada, Page 821 (CHAPTER 142, AB 239)κ
(3) If the shares are uncertificated shares held of record by a person other than a clearing corporation as nominee, upon physical receipt by the agent or depositary of an executed letter of transmittal or other instrument of transfer.
(h) Publicly traded corporation means a domestic corporation that has a class or series of voting shares which is a covered security under section 18(b)(1)(A) or (B) of the Securities Act of 1933, 15 U.S.C. § 77r(b)(1)(A) or (B), as amended.
(i) Rollover shares means any shares of any class or series of the capital stock of the domestic corporation that are the subject of a written agreement requiring such shares to be contributed or otherwise transferred to the other constituent entity in the merger or any of the owned affiliates of the other constituent entity in exchange for shares or other equity interest in the other constituent entity or any of its owned affiliates. Shares must cease to be rollover shares if, as of the effective time of the merger, the shares have not been contributed or otherwise transferred pursuant to the written agreement.
Sec. 25. NRS 92A.195 is hereby amended to read as follows:
92A.195 1. One foreign entity or foreign general partnership may convert into one domestic entity if:
(a) The conversion is permitted by the law of the jurisdiction governing the foreign entity or foreign general partnership and the foreign entity or foreign general partnership complies with that law in effecting the conversion;
(b) The foreign entity or foreign general partnership complies with the applicable provisions of NRS 92A.205, 92A.207, 92A.210, 92A.230 and 92A.240; and
(c) The resulting domestic entity complies with the applicable provisions of NRS 92A.205 and 92A.220.
2. One domestic entity or domestic general partnership may convert into one foreign entity if:
(a) The conversion is permitted by the law of the jurisdiction governing the resulting foreign entity and the resulting foreign entity complies with that law in effecting the conversion; and
(b) The domestic entity complies with the applicable provisions of NRS 92A.105, 92A.120, 92A.135, 92A.140, 92A.150, 92A.165, 92A.205, 92A.207, 92A.210, 92A.230 and 92A.240.
3. When a conversion pursuant to subsection 2 takes effect, the resulting foreign entity shall be deemed to have appointed the Secretary of State as its agent for service of process in a proceeding to enforce any obligation. Service of process must be made personally by delivering to and leaving with the Secretary of State duplicate copies of the process and the payment of a fee of $100 for accepting and transmitting the process. The Secretary of State shall send one of the copies of the process by registered or certified mail to the resulting entity at its specified address, unless the resulting entity has designated in writing to the Secretary of State a different address for that purpose, in which case it must be mailed to the last address so designated.
Sec. 26. NRS 92A.380 is hereby amended to read as follows:
92A.380 1. Except as otherwise provided in NRS 92A.370 and 92A.390 and subject to the limitation in paragraph (f), any stockholder is entitled to dissent from, and obtain payment of the fair value of the stockholders shares in the event of any of the following corporate actions:
(a) Consummation of a plan of merger to which the domestic corporation is a constituent entity:
κ2025 Statutes of Nevada, Page 822 (CHAPTER 142, AB 239)κ
(1) If approval by the stockholders is required for the merger by [NRS 92A.120 to 92A.160, inclusive,] this chapter or the articles of incorporation, regardless of whether the stockholder is entitled to vote on the plan of merger;
(2) If the domestic corporation is a subsidiary and is merged with its parent pursuant to NRS 92A.180; or
(3) If the domestic corporation is a constituent entity in a merger pursuant to NRS 92A.133.
(b) Consummation of a plan of conversion to which the domestic corporation is a constituent entity as the corporation whose subject owners interests will be converted.
(c) Consummation of a plan of exchange to which the domestic corporation is a constituent entity as the corporation whose subject owners interests will be acquired, if the stockholders shares are to be acquired in the plan of exchange.
(d) Any corporate action taken pursuant to a vote of the stockholders to the extent that the articles of incorporation, bylaws or a resolution of the board of directors provides that voting or nonvoting stockholders are entitled to dissent and obtain payment for their shares.
(e) Accordance of full voting rights to control shares, as defined in NRS 78.3784, only to the extent provided for pursuant to NRS 78.3793.
(f) Any corporate action not described in this subsection pursuant to which the stockholder would be obligated, as a result of the corporate action, to accept money or scrip rather than receive a fraction of a share in exchange for the cancellation of all the stockholders outstanding shares, except where the stockholder would not be entitled to receive such payment pursuant to NRS 78.205, 78.2055 or 78.207. A dissent pursuant to this paragraph applies only to the fraction of a share, and the stockholder is entitled only to obtain payment of the fair value of the fraction of a share.
2. A stockholder who is entitled to dissent and obtain payment pursuant to NRS 92A.300 to 92A.500, inclusive, must not otherwise object to or challenge the corporate action creating the entitlement [unless the action is unlawful or constitutes or] , except to the extent that:
(a) The domestic corporation did not obtain the vote or consent of the requisite voting power of the stockholders to approve the action as prescribed under this chapter and the articles of incorporation and bylaws of the domestic corporation; or
(b) The corporate action is the proximate result of actual fraud against the stockholder or the domestic corporation.
3. Subject to the limitations in this subsection, from and after the effective date of any corporate action described in subsection 1, no stockholder who has exercised the right to dissent pursuant to NRS 92A.300 to 92A.500, inclusive, is entitled to vote his or her shares for any purpose or to receive payment of dividends or any other distributions on shares. This subsection does not apply to dividends or other distributions payable to stockholders on a date before the effective date of any corporate action from which the stockholder has dissented. If a stockholder exercises the right to dissent with respect to a corporate action described in paragraph (f) of subsection 1, the restrictions of this subsection apply only to the shares to be converted into a fraction of a share and the dividends and distributions to those shares.
Sec. 27. This act becomes effective upon passage and approval.
________
κ2025 Statutes of Nevada, Page 823κ
Assembly Bill No. 334Assemblymembers Kasama, Yurek; Hardy and Koenig
CHAPTER 143
[Approved: May 30, 2025]
AN ACT relating to health care; revising provisions governing the qualifications of applicants for a license by endorsement as a dental hygienist; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the licensure and regulation of dental hygienists and expanded function dental assistants in this State by the Board of Dental Examiners of Nevada. (Chapter 631 of NRS) Existing law further: (1) requires a regulatory body to adopt regulations providing for the issuance of a license by endorsement to engage in an occupation or profession in this State to a natural person who is licensed to practice that profession in another state; and (2) sets forth certain minimum requirements for obtaining a license by endorsement. Existing law authorizes a regulatory body to require an applicant for such a license by endorsement to submit proof that the applicant has engaged in the occupation or profession for which the applicant is seeking a license by endorsement for a period of time specified by the regulatory body. (NRS 622.530)
Under existing regulations, a person applying for licensure by endorsement as a dental hygienist, in addition to certain other requirements, is required to have actively practiced dental hygiene for the 5 years immediately preceding the date of submission of the application. (NAC 631.030) Section 4 of this bill declares this provision of regulation void, and sections 1 and 2 of this bill prohibit the Board from adopting regulations that require an applicant for licensure by endorsement to practice dental hygiene to have practiced dental hygiene in another state for a specified period of time immediately preceding submission of the application for licensure by endorsement. Thus, sections 1, 2 and 4 have the effect of removing the requirement that an applicant for licensure by endorsement to practice dental hygiene have practiced in another state for 5 years immediately preceding the date of submission of an application for such licensure.
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 622.530 is hereby amended to read as follows:
622.530 1. Except as otherwise provided by specific statute relating to the issuance of a license by endorsement, a regulatory body shall adopt regulations providing for the issuance of a license by endorsement to engage in an occupation or profession in this State to any natural person who:
(a) Holds a corresponding valid and unrestricted license to engage in that occupation or profession in the District of Columbia or any state or territory of the United States;
κ2025 Statutes of Nevada, Page 824 (CHAPTER 143, AB 334)κ
(b) Possesses qualifications that are substantially similar to the qualifications required for issuance of a license to engage in that occupation or profession in this State; and
(c) Satisfies the requirements of this section and the regulations adopted pursuant thereto.
2. The regulations adopted pursuant to subsection 1 must not allow the issuance of a license by endorsement to engage in an occupation or profession in this State to a natural person unless such a person:
(a) Has not been disciplined by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license to engage in an occupation or profession;
(b) Has not been held civilly or criminally liable in the District of Columbia or any state or territory of the United States for misconduct relating to his or her occupation or profession;
(c) Has not had a license to engage in an occupation or profession suspended or revoked in the District of Columbia or any state or territory of the United States;
(d) Has not been refused a license to engage in an occupation or profession in the District of Columbia or any state or territory of the United States for any reason;
(e) Does not have pending any disciplinary action concerning his or her license to engage in an occupation or profession in the District of Columbia or any state or territory of the United States;
(f) Pays any applicable fees for the issuance of a license that are otherwise required for a natural person to obtain a license in this State;
(g) Submits to the regulatory body a complete set of his or her fingerprints and written permission authorizing the regulatory body to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report or proof that the applicant has previously passed a comparable criminal background check; and
(h) Submits to the regulatory body the statement required by NRS 425.520.
3. [A] Except as otherwise provided in NRS 631.190, a regulatory body may, by regulation, require an applicant for issuance of a license by endorsement to engage in an occupation or profession in this State to submit with his or her application:
(a) Proof satisfactory to the regulatory body that the applicant:
(1) Has achieved a passing score on a nationally recognized, nationally accredited or nationally certified examination or other examination approved by the regulatory body;
(2) Has completed the requirements of an appropriate vocational, academic or professional program of study in the occupation or profession for which the applicant is seeking a license by endorsement in this State;
κ2025 Statutes of Nevada, Page 825 (CHAPTER 143, AB 334)κ
(3) Has engaged in the occupation or profession for which the applicant is seeking a license by endorsement in this State pursuant to the applicants existing licensure for the period determined by the regulatory body preceding the date of the application; and
(4) Possesses a sufficient degree of competency in the occupation or profession for which he or she is seeking licensure by endorsement in this State;
(b) An affidavit stating that the information contained in the application and any accompanying material is true and complete; and
(c) Any other information required by the regulatory body.
4. Not later than 21 business days after receiving an application for a license by endorsement to engage in an occupation or profession pursuant to this section, the regulatory body shall provide written notice to the applicant of any additional information required by the regulatory body to consider the application. Unless the regulatory body denies the application for good cause, the regulatory body shall approve the application and issue a license by endorsement to engage in the occupation or profession to the applicant not later than:
(a) Sixty days after receiving the application;
(b) If the regulatory body requires an applicant to submit fingerprints and authorize the preparation of a report on the applicants background based on the submission of the applicants fingerprints, 15 days after the regulatory body receives the report; or
(c) If the regulatory body requires the filing and maintenance of a bond as a requirement for the issuance of a license, 15 days after the filing of the bond with the regulatory body,
Κ whichever occurs later.
5. A license by endorsement to engage in an occupation or profession in this State issued pursuant to this section may be issued at a meeting of the regulatory body or between its meetings by the presiding member of the regulatory body and the executive head of the regulatory body. Such an action shall be deemed to be an action of the regulatory body.
6. A regulatory body may deny an application for licensure by endorsement if:
(a) An applicant willfully fails to comply with the provisions of paragraph (g) of subsection 2; or
(b) The report from the Federal Bureau of Investigation indicates that the applicant has been convicted of a crime that would be grounds for taking disciplinary action against the applicant as a licensee and the regulatory body has not previously taken disciplinary action against the licensee based on that conviction.
7. The provisions of this section are intended to supplement other provisions of statute governing licensure by endorsement. If any provision of statute conflicts with this section, the other provision of statute prevails over this section to the extent that the other provisions provide more specific requirements relating to licensure by endorsement.
κ2025 Statutes of Nevada, Page 826 (CHAPTER 143, AB 334)κ
Sec. 2. NRS 631.190 is hereby amended to read as follows:
631.190 1. In addition to the powers and duties provided in this chapter, the Board shall:
[1.] (a) Adopt rules and regulations necessary to carry out the provisions of this chapter.
[2.] (b) Appoint such committees, review panels, examiners, officers, employees, agents, attorneys, investigators and other professional consultants and define their duties and incur such expense as it may deem proper or necessary to carry out the provisions of this chapter, the expense to be paid as provided in this chapter.
[3.] (c) Fix the time and place for and conduct examinations for the granting of licenses to practice dentistry, dental hygiene, dental therapy and expanded function dental assistance.
[4.] (d) Examine applicants for licenses to practice dentistry, dental hygiene, dental therapy and expanded function dental assistance.
[5.] (e) Collect and apply fees as provided in this chapter.
[6.] (f) Keep a register of all dentists, dental hygienists, dental therapists and expanded function dental assistants licensed in this State, together with their addresses, license numbers and renewal certificate numbers.
[7.] (g) Have and use a common seal.
[8.] (h) Keep such records as may be necessary to report the acts and proceedings of the Board. Except as otherwise provided in NRS 631.368, the records must be open to public inspection.
[9.] (i) Maintain offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter.
[10.] (j) Have discretion to examine work authorizations in dental offices or dental laboratories.
2. The Board may not adopt regulations pursuant to NRS 622.530 that require an applicant for the issuance of a license by endorsement as a dental hygienist to have practiced dental hygiene in another state for a specified period of time immediately preceding the submission of the application.
Sec. 3. (Deleted by amendment.)
Sec. 4. Any provision of a regulation adopted by the Board of Dental Examiners of Nevada which conflicts with the provisions of subsection 2 of NRS 631.190, as amended by section 2 of this act, is hereby declared void.
Sec. 5. This act becomes effective on July 1, 2025.
________
κ2025 Statutes of Nevada, Page 827κ
Assembly Bill No. 347Committee on Ways and Means
CHAPTER 144
[Approved: May 30, 2025]
AN ACT relating to state financial administration; revising the threshold for which state agencies may accept gifts, including grants from nongovernmental sources; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that, under certain circumstances, a state agency may accept gifts, including grants from nongovernmental sources, not exceeding $200,000 each in value. (NRS 353.335) This bill revises the threshold to allow state agencies to accept such gifts, including grants from nongovernmental sources, not exceeding $500,000 each in value.
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 353.335 is hereby amended to read as follows:
353.335 1. Except as otherwise provided in subsections 5 and 6, a state agency may accept any gift or grant of property or services from any source only if it is included in an act of the Legislature authorizing expenditures of nonappropriated money or, when it is not so included, if it is approved as provided in subsection 2.
2. If:
(a) Any proposed gift or grant is necessary because of an emergency as defined in NRS 353.263 or for the protection or preservation of life or property, the Governor shall take reasonable and proper action to accept it and shall report the action and his or her reasons for determining that immediate action was necessary to the Interim Finance Committee at its first meeting after the action is taken. Action by the Governor pursuant to this paragraph constitutes acceptance of the gift or grant, and other provisions of this chapter requiring approval before acceptance do not apply.
(b) The Governor determines that any proposed gift or grant would be forfeited if the State failed to accept it before the expiration of the period prescribed in paragraph (c), the Governor may declare that the proposed acceptance requires expeditious action by the Interim Finance Committee. Whenever the Governor so declares, the Interim Finance Committee has 15 days after the proposal is submitted to its Secretary within which to approve or deny the acceptance. Any proposed acceptance which is not considered within the 15-day period shall be deemed approved.
(c) The proposed acceptance of any gift or grant does not qualify pursuant to paragraph (a) or (b), it must be submitted to the Interim Finance Committee. Except as otherwise provided in NRS 353.3375, the Interim Finance Committee has 45 days after the proposal is submitted to its Secretary within which to consider acceptance. Any proposed acceptance which is not considered within the 45-day period shall be deemed approved.
κ2025 Statutes of Nevada, Page 828 (CHAPTER 144, AB 347)κ
3. The Secretary shall place each request submitted to the Secretary pursuant to paragraph (b) or (c) of subsection 2 on the agenda of the next meeting of the Interim Finance Committee.
4. In acting upon a proposed gift or grant, the Interim Finance Committee shall consider, among other things:
(a) The need for the facility or service to be provided or improved;
(b) Any present or future commitment required of the State;
(c) The extent of the program proposed; and
(d) The condition of the national economy, and any related fiscal or monetary policies.
5. A state agency may accept:
(a) Gifts, including grants from nongovernmental sources, not exceeding [$200,000] $500,000 each in value; and
(b) Governmental grants not exceeding $200,000 each in value,
Κ if the gifts or grants are used for purposes which do not involve the hiring of new employees and if the agency has the specific approval of the Governor or, if the Governor delegates this power of approval to the Chief of the Budget Division of the Office of Finance, the specific approval of the Chief.
6. This section does not apply to:
(a) The Nevada System of Higher Education;
(b) The Department of Health and Human Services while acting as the state health planning and development agency pursuant to paragraph (d) of subsection 2 of NRS 439A.081 or for donations, gifts or grants to be disbursed pursuant to NRS 433.395 or 435.490;
(c) Legal services provided on a pro bono basis by an attorney or law firm engaged in the private practice of law to the State of Nevada or any officer, agency or employee in the Executive Department of the State Government pursuant to a contract for legal services entered into by or at the request of the Attorney General in accordance with NRS 228.112 to 228.1127, inclusive;
(d) Artifacts donated to the Department of Tourism and Cultural Affairs;
(e) The initial $250,000 received by the Department of Wildlife pursuant to subsection 1 of NRS 501.3585 as a gift, donation, bequest or devise, or combination thereof, for an unanticipated emergency event, as defined in NRS 501.3585; or
(f) A gift or grant that will be deposited in a budget account that consists of money which is not appropriated by or authorized for expenditure by the Legislature.
________
κ2025 Statutes of Nevada, Page 829κ
Assembly Bill No. 354Committee on Government Affairs
CHAPTER 145
[Approved: May 30, 2025]
AN ACT relating to governmental administration; revising the membership of the Nevada State Board on Geographic Names; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Nevada State Board on Geographic Names to coordinate and approve geographic names within the State for official recommendation to the United States Board on Geographic Names. (NRS 327.110) The Nevada State Board on Geographic Names consists of 12 voting members, which include various representatives from various state and federal agencies and the Inter-Tribal Council of Nevada, Inc. (NRS 327.120) Section 1 of this bill: (1) removes the representative from the Nevada Historical Society on the Nevada State Board on Geographic Names; (2) adds to the Board one representative from the Division of Museums and History of the Department of Tourism and Cultural Affairs; (3) clarifies that the representative from the Department of Native American Affairs is from the Department of Native American Affairs of this State; and (4) changes the representatives from the United States Bureau of Land Management, the United States Forest Service and the United States National Park Service from voting members of the Board to nonvoting members. Section 2 of this bill allows the representative appointed by the Nevada Historical Society who is serving on the Board on or before July 1, 2025, to continue serving on the Board until the representatives successor is designated by the appropriate agency in accordance with the provisions of section 1.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 327.120 is hereby amended to read as follows:
327.120 The Board consists of:
1. [Twelve] Nine voting members, which include one representative of each of the following agencies or organizations:
(a) Bureau of Mines and Geology of the State of Nevada.
(b) Faculty of the University of Nevada, Reno.
(c) Faculty of the University of Nevada, Las Vegas.
(d) Division of State Library, Archives and Public Records of the Department of Administration.
(e) Department of Transportation of the State.
(f) State Department of Conservation and Natural Resources.
(g) [Nevada Historical Society.] Division of Museums and History of the Department of Tourism and Cultural Affairs.
(h) Department of Native American Affairs [.] of the State.
(i) [United States Bureau of Land Management.
(j) United States Forest Service.
(k) United States National Park Service.
(l)] Inter-Tribal Council of Nevada, Inc., or its successor organization.
Κ Each agency or organization shall designate a representative and one alternative representative for this purpose.
κ2025 Statutes of Nevada, Page 830 (CHAPTER 145, AB 354)κ
2. Three nonvoting members who shall serve in an advisory capacity to the Board, which include one representative of each of the following agencies:
(a) United States Bureau of Land Management.
(b) United States Forest Service.
(c) United States National Park Service.
3. An Executive Secretary who is a nonvoting member of the Board. The voting members of the Board shall select the Executive Secretary.
Sec. 2. Notwithstanding the amendatory provisions of section 1 of this act, a person who, on July 1, 2025, is serving as a representative of the Nevada State Board on Geographic Names from the Nevada Historical Society may continue to serve in that capacity until his or her successor is designated by the appropriate agency pursuant to NRS 327.120, as amended by section 1 of this act.
Sec. 3. This act becomes effective on July 1, 2025.
________
Assembly Bill No. 355Committee on Ways and Means
CHAPTER 146
[Approved: May 30, 2025]
AN ACT relating to education; providing that any money remaining in the Fund to Assist School Districts in Financing Capital Improvements and the Fund to Assist Rural School Districts in Financing Capital Improvements at the end of the fiscal year does not revert to the State General Fund; revising provisions relating to grants from the Fund to Assist Rural School Districts in Financing Capital Improvements; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates in the State Treasury the Fund to Assist School Districts in Financing Capital Improvements and requires that the money in the Fund be used to provide grants to school districts within which certain emergency conditions exist. (NRS 387.333, 387.3335) Existing law additionally creates in the State Treasury the Fund to Assist Rural School Districts in Financing Capital Improvements and requires that the money in the Fund be awarded by the Director of the Office of Finance in the Office of the Governor as grants to school districts in counties whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties) and in which certain taxes have been levied for capital projects of the school district. (NRS 387.3341-387.3344) Sections 1 and 2 of this bill provide that any money remaining in those Funds at the end of a fiscal year does not revert to the State General Fund and requires that the balances in those Funds be carried forward to the next fiscal year.
Section 2.5 of this bill authorizes the Director of the Office of Finance to also make a grant from the Fund to Assist Rural School Districts in Financing Capital Improvements to a board of trustees of a school district in a county whose population is less than 100,000, regardless of whether certain taxes for capital projects of the school district have been levied in that county, in an amount that is equal to: (1) any gift, grant or donation made to the school district for a capital project of the school district located on certain tribal land; or (2) any interest accrued on money received by a school district for a capital project of the school district located on certain tribal land.
κ2025 Statutes of Nevada, Page 831 (CHAPTER 146, AB 355)κ
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 387.333 is hereby amended to read as follows:
387.333 1. The Fund to Assist School Districts in Financing Capital Improvements is hereby created in the State Treasury, to be administered by the Director of the Office of Finance. All money received and held by the State Treasurer for the purpose of the Fund must be deposited in the Fund.
2. The Director of the Office of Finance may accept gifts and grants from any source for deposit in the Fund.
3. The money in the Fund must be invested as the money in other state funds is invested. All interest and income earned on the money in the Fund must be credited to the Fund.
4. Claims against the Fund must be paid as other claims against the State are paid.
5. Any money remaining in the Fund at the end of a fiscal year does not revert to the State General Fund, and the balance in the Fund must be carried forward to the next fiscal year.
Sec. 2. NRS 387.3341 is hereby amended to read as follows:
387.3341 1. The Fund to Assist Rural School Districts in Financing Capital Improvements is hereby created in the State Treasury, to be administered by the Director of the Office of Finance. All money received and held by the State Treasurer for the purpose of the Fund must be deposited in the Fund.
2. The Director of the Office of Finance may accept gifts and grants from any source for deposit in the Fund.
3. The money in the Fund must be invested as the money in other state funds is invested. All interest and income earned on the money in the Fund must be credited to the Fund.
4. Claims against the Fund must be paid as other claims against the State are paid.
5. Money in the Fund must be used to make grants to school districts in counties whose population is less than 100,000, for the following purposes:
(a) Construction, design or purchase of new buildings for schools, including, but not limited to, teacherages, dormitories, dining halls, gymnasiums and stadiums.
(b) Enlarging, remodeling or repairing existing buildings or grounds for schools, including, but not limited to, teacherages, dormitories, dining halls, gymnasiums and stadiums.
(c) Acquiring sites for building schools, or additional real property for necessary purposes related to schools, including, but not limited to, playgrounds, athletic fields and sites for stadiums.
6. Any money remaining in the Fund at the end of a fiscal year does not revert to the State General Fund, and the balance in the Fund must be carried forward to the next fiscal year.
κ2025 Statutes of Nevada, Page 832 (CHAPTER 146, AB 355)κ
Sec. 2.5. NRS 387.3343 is hereby amended to read as follows:
387.3343 1. Following any fiscal year in which a county levies a tax imposed pursuant to NRS 387.3342, the board of trustees of the school district in the county shall apply to the Director of the Office of Finance for a grant of money from the Fund created pursuant to NRS 387.3341 on a form provided by the Director.
2. Following any fiscal year in which a county levies a tax imposed pursuant to NRS 387.3289, the board of trustees of the school district in the county may apply to the Director of the Office of Finance for a grant of money from the Fund created pursuant to NRS 387.3341 on a form provided by the Director.
3. In addition to the provisions of subsection 1 or 2, the board of trustees of a school district in a county whose population is less than 100,000 may apply to the Director of the Office of Finance for a grant of money from the Fund created pursuant to NRS 387.3341, on a form provided by the Director, in any fiscal year in which the board of trustees:
(a) Receives a gift, grant or donation for a capital project of the school district that is located on qualified tribal land; or
(b) Accrues interest on money received by the school district for a capital project of the school district that is located on qualified tribal land,
Κ or both.
4. The application for a grant of money from the Fund submitted pursuant to this section must be accompanied by:
(a) A description of the capital project for which the grant is requested, which must be a capital project described by subsection 5 of NRS 387.3341; and
(b) [Either:] As applicable:
(1) Documentation of the amount of the tax assessed pursuant to NRS 387.3342 for the capital project for which the grant is requested in the immediately preceding fiscal year; [or]
(2) A statement by the board of trustees of the school district in a county which has levied a tax imposed pursuant to NRS 387.3289 certifying the amount of the proceeds of the tax imposed pursuant to NRS 387.3289 for the immediately preceding fiscal year which will be dedicated to the capital project [.
4.] ; or
(3) Documentation relating to the amount of the gift, grant, donation or accrued interest.
5. To the extent that money is available for that purpose in the Fund and if the Director of the Office of Finance determines that the capital project for which the grant is requested is a project for which a grant may be made from the Fund, the Director shall make a grant of money from the Fund to a school district that submits an application pursuant to [subsection 1 or 2] this section in an amount that is equal to [:] , as applicable:
(a) The total amount of tax assessed by the county for the capital project pursuant to NRS 387.3342 in the immediately preceding fiscal year; [or]
κ2025 Statutes of Nevada, Page 833 (CHAPTER 146, AB 355)κ
(b) If the school district is located in a county which levies a tax imposed pursuant to NRS 387.3289, the amount of the proceeds of the tax imposed pursuant to NRS 387.3289 for the immediately preceding fiscal year which the board of trustees of the school district has certified will be dedicated to the capital project [.
5.] ; or
(c) One or both of the following:
(1) The gift, grant or donation made to the school district for the capital project located on qualified tribal land.
(2) The interest accrued on money received by the school district for the capital project on qualified tribal land.
6. The Director of the Office of Finance shall adopt regulations that prescribe the annual deadline for submission of an application to the Director by a school district pursuant to this section.
7. As used in this section, qualified tribal land means any real property:
(a) For which legal title is vested in, or held in trust for the benefit of, an Indian tribe or an individual Native American, and which is subject to restrictions against alienation pursuant to federal law; and
(b) Over which an Indian tribe exercises governmental power.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 384Assemblymember Cole
CHAPTER 147
[Approved: May 30, 2025]
AN ACT relating to juvenile justice; requiring the Chair of the Juvenile Justice Oversight Commission to solicit input regarding certain subjects relating to juvenile justice; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Juvenile Justice Oversight Commission and requires the Commission to perform certain duties, which include, for example, developing and periodically updating a 5-year strategic plan that establishes policies and procedures for the Division of Child and Family Services of the Department of Health and Human Services and each department of juvenile services relating to the use of evidence-based practices in providing services to children subject to the jurisdiction of the juvenile court. (NRS 62B.600, 62B.615) Section 9 of this bill requires the Chair of the Commission to: (1) solicit input regarding certain subjects relating to juvenile justice; and (2) submit a report to the Legislature summarizing any actions performed during the previous year and setting forth any findings and recommendations regarding such subjects.
κ2025 Statutes of Nevada, Page 834 (CHAPTER 147, AB 384)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-8. (Deleted by amendment.)
Sec. 9. Chapter 62B of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Chair of the Commission shall solicit input from persons, organizations and entities who have knowledge and experience in matters relating to wrap-around services for children who are or were in the juvenile justice system, including, without limitation, children who are or were on probation or who are or were released from a local facility for the detention of children, regional facility for the treatment and rehabilitation of children or state facility for the detention of children.
2. The Chair shall solicit input from such persons, organizations and entities regarding:
(a) Issues relating to the availability of wrap-around services;
(b) The scope and different types of wrap-around services that are offered to children and their families, including, without limitation:
(1) Evidence-based home and community services;
(2) Evidence-based reentry programs or services; and
(3) Mentorship or other necessary services relating to the needs of children who are or were in the juvenile justice system and their families; and
(c) Any other matters relating to wrap-around services that are deemed relevant by the Chair.
3. On or before March 1 of each year, the Chair shall prepare an annual report that includes, without limitation, a summary of actions performed pursuant to this section during the previous year and any findings and recommendations relating to wrap-around services or the juvenile justice system in general. The report must be submitted to:
(a) The Commission; and
(b) The Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on the Judiciary, if the report is received during an odd-numbered year, or to the next session of the Legislature, if the report is received during an even-numbered year.
Sec. 10. 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.
________
κ2025 Statutes of Nevada, Page 835κ
Assembly Bill No. 417Assemblymembers Hunt; Considine, DSilva, Flanagan, Gonzαlez, Karris and Nadeem
CHAPTER 148
[Approved: May 30, 2025]
AN ACT relating to public safety; establishing provisions relating to the inspection of certain vehicles; revising provisions relating to the rescission and cancellation of the registration of a vehicle under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law makes it unlawful to drive a vehicle in an unauthorized speed contest or in an unauthorized trick driving display on a highway or premises to which the public has access. (NRS 484B.653) Section 3 of this bill provides that if a peace officer, while investigating an act that may constitute driving in an unauthorized speed contest or in an unauthorized trick driving display, has reasonable cause to believe that the vehicle used or suspected of being used in the unauthorized speed contest or unauthorized trick driving display fails to comply with certain requirements related to vehicle equipment or is unsafe under certain circumstances, the peace officer must inspect the vehicle to determine whether those conditions exist. Section 3 authorizes the peace officer to issue a citation to the registered owner of the vehicle if the peace officer determines from the inspection that the conditions exist.
Existing law provides that a court may, in addition to certain other penalties, order the impoundment of a vehicle used in the commission of certain offenses related to unauthorized speed contests or unauthorized trick driving displays. (NRS 484B.653) If a court issues an order for impoundment, section 5 of this bill also requires the court to issue an order requiring the Department of Motor Vehicles to rescind and cancel the registration of the vehicle unless the registered owner completes an inspection of the vehicle in the manner prescribed by section 1 of this bill. Section 5 requires the court to forward a copy of the order for impoundment and the order for rescission and cancellation of registration to the Department.
Existing law requires the Department to rescind and cancel the registration of a vehicle if the registered owner of the vehicle is issued a citation or notice of violation for failure to comply with certain requirements concerning emissions and the owner does not provide proof to the Department that the condition has been corrected within 30 days after the issuance of the citation or notice of violation. (NRS 482.460) Section 1 additionally requires the Department to rescind and cancel the registration of a vehicle if the registered owner of the vehicle: (1) is issued a citation or notice of a violation pursuant to section 3 and the owner does not provide proof to the Department that the condition has been corrected within 30 days after the issuance of the citation or notice of violation; or (2) is the subject of an order of impoundment and order for rescission and cancellation of registration pursuant to section 5 and the owner does not prove through an inspection of the vehicle that the vehicle complies with certain requirements related to vehicle equipment or is otherwise not in an unsafe condition within 30 days of the last date of impound.
Finally, section 1 authorizes the Department to extend the time by which the registered owner must provide the specified proof to the Department before the rescission and cancellation of the registration.
κ2025 Statutes of Nevada, Page 836 (CHAPTER 148, AB 417)κ
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 482.460 is hereby amended to read as follows:
482.460 1. The Department shall rescind and cancel the registration of any vehicle which the Department determines is unsafe, unfit to be operated or not equipped as required by law.
2. [The] Except as provided in subsection 4, the Department shall rescind and cancel the registration of any vehicle if the registered owner of the vehicle is issued a citation or notice of violation pursuant to section 3 of this act or for operating a motor vehicle in violation of subsection 2 of NRS 484D.415, unless the owner provides, within 30 days after the citation or notice is issued, proof to the Department that the condition for which he or she was issued the notice or citation has been corrected.
3. Except as provided in subsection 4, the Department shall rescind and cancel the registration of any vehicle for which it receives an order to impound and an order to rescind and cancel registration pursuant to subsection 5 or 8 of NRS 484B.653, unless the registered owner within 30 days after the last date of impound indicated on the order to impound the vehicle, proves through an inspection in a manner prescribed by the Department that the vehicle is:
(a) Equipped in the manner required by chapter 484D of NRS, and any regulations adopted pursuant thereto; and
(b) Not in such an unsafe condition as to endanger the driver or other occupant of the vehicle or any person upon a public highway or premises to which the public has access.
4. The Department may extend the period prescribed by subsection 2 or 3 for not more than an additional 60 days if:
(a) The vehicle is registered with the Department; and
(b) The owner of the vehicle proves to the Department that the work is being performed that is necessary, as applicable, to:
(1) Equip the car in the manner required by chapter 484D of NRS, and any regulations adopted pursuant thereto; or
(2) Repair any unsafe condition that endangers the driver or other occupant of the vehicle or any person upon a public highway or premises to which the public has access.
Sec. 2. Chapter 484B of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. 1. If a peace officer, while investigating a violation of paragraph (b) or (d) of subsection 1 of NRS 484B.653, has reasonable cause to believe that a vehicle used or suspected of being used in the violation is not equipped as required by chapter 484D of NRS, or any regulations adopted pursuant thereto, or is in such unsafe condition as to endanger the driver or other occupant of the vehicle or any person upon a public highway or premises to which the public has access, the peace officer shall inspect the vehicle to determine whether the vehicle:
(a) Is not equipped as required by chapter 484D of NRS, or any regulations adopted pursuant thereto; or
κ2025 Statutes of Nevada, Page 837 (CHAPTER 148, AB 417)κ
(b) Is in such unsafe condition as to endanger the driver or other occupant of the vehicle or any person upon a public highway or premises to which the public has access.
2. If, after performing an inspection pursuant to subsection 1, the peace officer determines that the vehicle is in a condition described in paragraph (a) or (b) of subsection 1, the peace officer may issue a citation to the registered owner of the vehicle.
3. A peace officer who issues a citation pursuant to subsection 2 shall, not later than 5 days after issuing the citation, deliver or cause to be delivered to the Department a copy of the citation.
Sec. 4. (Deleted by amendment.)
Sec. 5. NRS 484B.653 is hereby amended to read as follows:
484B.653 1. It is unlawful for a person to:
(a) Drive a vehicle in willful or wanton disregard of the safety of persons or property on a highway or premises to which the public has access.
(b) Drive a vehicle in an unauthorized speed contest on a highway or premises to which the public has access.
(c) Organize an unauthorized speed contest on a highway or premises to which the public has access.
(d) Drive a vehicle in an unauthorized trick driving display on a highway or premises to which the public has access.
(e) Facilitate an unauthorized trick driving display on a highway or premises to which the public has access.
Κ A violation of paragraph (a), (b) or (d) of this subsection or subsection 1 of NRS 484B.550 constitutes reckless driving.
2. If, while violating the provisions of subsections 1 to 5, inclusive, of NRS 484B.270, NRS 484B.280, paragraph (a) or (c) of subsection 1 of NRS 484B.283, NRS 484B.350, subsections 1 to 4, inclusive, of NRS 484B.363 or subsection 1 of NRS 484B.600, the driver of a motor vehicle on a highway or premises to which the public has access is the proximate cause of a collision with a pedestrian or a person riding a bicycle, an electric bicycle or an electric scooter, the violation constitutes reckless driving.
3. A person who violates paragraph (a) of subsection 1 is guilty of a misdemeanor and:
(a) For the first offense, shall be punished:
(1) By a fine of not less than $250 but not more than $1,000; or
(2) By both fine and imprisonment in the county jail for not more than 6 months.
(b) For the second offense, shall be punished:
(1) By a fine of not less than $1,000 but not more than $1,500; or
(2) By both fine and imprisonment in the county jail for not more than 6 months.
(c) For the third and each subsequent offense, shall be punished:
(1) By a fine of not less than $1,500 but not more than $2,000; or
(2) By both fine and imprisonment in the county jail for not more than 6 months.
4. A person who violates paragraph (b) or (c) of subsection 1 or commits a violation which constitutes reckless driving pursuant to subsection 2 is guilty of a misdemeanor and:
κ2025 Statutes of Nevada, Page 838 (CHAPTER 148, AB 417)κ
(a) For the first offense:
(1) Shall be punished by a fine of not less than $250 but not more than $1,000;
(2) Shall perform not less than 50 hours, but not more than 99 hours, of community service; and
(3) May be punished by imprisonment in the county jail for not more than 6 months.
(b) For the second offense:
(1) Shall be punished by a fine of not less than $1,000 but not more than $1,500;
(2) Shall perform not less than 100 hours, but not more than 199 hours, of community service; and
(3) May be punished by imprisonment in the county jail for not more than 6 months.
(c) For the third and each subsequent offense:
(1) Shall be punished by a fine of not less than $1,500 but not more than $2,000;
(2) Shall perform 200 hours of community service; and
(3) May be punished by imprisonment in the county jail for not more than 6 months.
5. In addition to any fine, community service and imprisonment imposed upon a person pursuant to subsection 4, the court:
(a) Shall issue an order suspending the drivers license of the person for a period of not less than 6 months but not more than 2 years and requiring the person to surrender all drivers licenses then held by the person;
(b) Within 5 days after issuing an order pursuant to paragraph (a), shall forward to the Department any licenses, together with a copy of the order;
(c) For the first offense, may issue an order impounding, for a period of 15 days, any vehicle that is registered to the person who violates paragraph (b) or (c) of subsection 1 if the vehicle is used in the commission of the offense; [and]
(d) For the second and each subsequent offense, shall issue an order impounding, for a period of 30 days, any vehicle that is registered to the person who violates paragraph (b) or (c) of subsection 1 if the vehicle is used in the commission of the offense [.] ;
(e) If the court issues an order for impoundment pursuant to paragraph (c) or (d), shall require the Department to rescind and cancel the registration of the vehicle unless the registered owner completes an inspection of the vehicle as prescribed by subsection 3 of NRS 482.460; and
(f) Within 5 days after issuing an order pursuant to paragraph (c) or (d) and paragraph (e), shall forward to the Department the number of the license plate of the vehicle and the year, make and model of the vehicle to be impounded, together with a copy of the orders.
6. A person who violates paragraph (d) of subsection 1 is guilty of a gross misdemeanor and:
(a) For the first offense:
(1) Shall be punished by a fine of not less than $1,000 but not more than $1,500;
κ2025 Statutes of Nevada, Page 839 (CHAPTER 148, AB 417)κ
(2) Shall perform not less than 100 hours, but not more than 199 hours, of community service; and
(3) May be punished by imprisonment in the county jail for not more than 364 days.
(b) For the second offense and each subsequent offense:
(1) Shall be punished by a fine of not less than $1,500 but not more than $2,000;
(2) Shall perform 200 hours of community service; and
(3) May be punished by imprisonment in the county jail for not more than 364 days.
7. A person who violates paragraph (e) of subsection 1 is guilty of:
(a) For the first offense, a misdemeanor and:
(1) Shall be punished by a fine of not more than $1,000;
(2) Shall perform not less than 50 hours, but not more than 99 hours, of community service; and
(3) May be punished by imprisonment in the county jail for not more than 6 months.
(b) For the second offense and each subsequent offense, a gross misdemeanor and:
(1) Shall be punished by a fine of not less than $1,000 and not more than $1,500;
(2) Shall perform not less than 100 hours, but not more than 199 hours, of community service; and
(3) May be punished by imprisonment in the county jail for not more than 364 days.
8. In addition to any fine, community service and imprisonment imposed upon a person pursuant to subsection 6 or 7, the court:
(a) May issue an order suspending the drivers license of the person for a period of not less than 6 months but not more than 2 years and requiring the person to surrender all drivers licenses then held by the person;
(b) Within 5 days after issuing an order pursuant to paragraph (a), shall forward to the Department any licenses, together with a copy of the order; [and]
(c) May issue an order impounding, for a period of 30 days, any vehicle that is registered to the person if the vehicle is used in the commission of the offense [.] ;
(d) If the court issues an order for impoundment pursuant to paragraph (c), shall require the Department to rescind and cancel the registration of the vehicle unless the registered owner completes an inspection of the vehicle as prescribed by subsection 3 of NRS 482.460; and
(e) Within 5 days after issuing an order pursuant to paragraphs (c) and (d), shall forward to the Department the number of the license plate of the vehicle and the year, make and model of the vehicle to be impounded, together with a copy of the orders.
9. Unless a greater penalty is provided pursuant to subsection 4 of NRS 484B.550, a person who does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on a highway or premises to which the public has access in willful or wanton disregard of the safety of persons or property, if the act or neglect of duty proximately causes the death of or substantial bodily harm to another person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for:
κ2025 Statutes of Nevada, Page 840 (CHAPTER 148, AB 417)κ
safety of persons or property, if the act or neglect of duty proximately causes the death of or substantial bodily harm to another person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for:
(a) Except as otherwise provided in paragraph (b), a minimum term of not less than 1 year and a maximum term of not more than 6 years and by a fine of not less than $2,000 but not more than $5,000.
(b) A minimum term of not less than 1 year and a maximum term of not more than 10 years and by a fine of not less than $2,000 but not more than $5,000 if:
(1) The violation involves operating a vehicle at a rate of speed that is 50 miles per hour or more over the posted speed limit; or
(2) The violation is committed in an area designated as a pedestrian safety zone or school zone or a school crossing zone.
10. A person who violates any provision of this section may be subject to any additional penalty set forth in NRS 484B.130 or 484B.135 unless the person is subject to the penalty provided pursuant to subsection 4 of NRS 484B.550.
11. As used in this section:
(a) Facilitate means to plan, schedule or promote, or assist in the planning, scheduling or promotion of, an unauthorized trick driving display or in any other way participate in an unauthorized trick driving display, including, without limitation:
(1) Using a vehicle to divert, slow, impede or otherwise block traffic with the intent to enable or assist an unauthorized trick driving display; or
(2) Filming or otherwise recording an unauthorized trick driving display with the intent to promote an unauthorized trick driving display.
(b) Organize means to plan, schedule or promote, or assist in the planning, scheduling or promotion of, an unauthorized speed contest on a highway or premises to which the public has access, regardless of whether a fee is charged for attending the unauthorized speed contest.
(c) Trick driving display means using a vehicle to perform tricks, stunts or other maneuvers on a highway, or premises to which the public has access, upon which traffic has been diverted, slowed, impeded or blocked to enable the performing of such tricks, stunts or maneuvers or having such tricks, stunts or maneuvers filmed or otherwise recorded.
________
κ2025 Statutes of Nevada, Page 841κ
Assembly Bill No. 422 Assemblymembers Yeager; and Kasama
CHAPTER 149
[Approved: May 30, 2025]
AN ACT relating to the Civil Air Patrol; revising provisions relating to the employment of a member of the Civil Air Patrol; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Federal law establishes the Civil Air Patrol as a federally chartered nonprofit corporation and the volunteer civilian auxiliary of the United States Air Force. (10 U.S.C. §§ 9491, 9492, 36 U.S.C. §§ 40301 et seq.) Existing law establishes various duties of the Nevada Wing of the Civil Air Patrol, including to carry out crash, rescue and emergency operations, support federal, state and local law enforcement agencies in homeland defense and narcotics interdiction missions and provide related organization and training. (NRS 413.010) Section 1 of this bill provides that an employee who is a volunteer member of the Nevada Wing of the Civil Air Patrol is entitled to a leave of absence from his or her employment without loss of position, seniority, accrued leave or benefits on days during which the employee is: (1) engaged in training for emergency missions with the Civil Air Patrol, not to exceed 10 workdays during each federal fiscal year; and (2) responding to an emergency mission with the Civil Air Patrol, not to exceed 30 workdays during each federal fiscal year. Section 1 defines emergency mission to include search and rescue and disaster response activities. Section 1 prohibits an employer from requiring an employee to exhaust any other leave to which the employee is entitled before such leaves of absence and any such leave is authorized to be treated as unpaid leave by an employer. Section 1 also requires the employee requesting the leave to provide to his or her employer certain certifications and verifications relating to the employees service with the Civil Air Patrol. Section 1 authorizes an employee who is aggrieved by a violation of the provisions of section 1 to bring a civil action to seek damages equal to the amount of the lost wages and benefits and reasonable attorneys fees and costs.
Existing law requires an employee to disclose to his or her employer if he or she wishes to join a volunteer search and rescue or reserve unit of a sheriffs department or a Civil Air Patrol unit. Existing law also authorizes an employer to prohibit the employee from participating in search and rescue activities during normal working hours. (NRS 414.250) Section 2 of this bill eliminates the authority of an employer to prohibit an employee who is entitled to a leave of absence pursuant to section 1 from participating in activities related to the employees membership in a Civil Air Patrol unit for which such leave is authorized.
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 413 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An employee who is a volunteer member of the Nevada Wing of the Civil Air Patrol is entitled to a leave of absence from his or her employment without loss of position, seniority, accrued leave or benefits on all days during which the employee is:
κ2025 Statutes of Nevada, Page 842 (CHAPTER 149, AB 422)κ
(a) Engaged in training for emergency missions with the Civil Air Patrol, not to exceed 10 workdays during each federal fiscal year; or
(b) Responding to an emergency mission as a Civil Air Patrol volunteer, not to exceed 30 workdays during each federal fiscal year.
2. An employee requesting leave pursuant to this section shall provide to his or her employer:
(a) Certification that the employee has been authorized by the United States Air Force, the Governor or a political subdivision of this State to respond to or train for an emergency mission; and
(b) Verification from the Civil Air Patrol of the emergency need of the volunteer service of the employee.
3. An employer may treat a leave of absence pursuant to this section as unpaid leave. An employer shall not require an employee to exhaust any other leave to which the employee is entitled before such a leave of absence pursuant to this section. Nothing in this section shall be construed to prevent an employer from providing paid leave during such leaves of absence.
4. Any employee aggrieved by a violation of this section may bring a civil action in a court of competent jurisdiction against any person who commits the violation to seek any or all of the following relief:
(a) Damages equal to the amount of the lost wages and benefits; and
(b) Reasonable attorneys fees and costs.
5. As used in this section, emergency mission includes, without limitation, search and rescue and disaster response activities.
Sec. 2. NRS 414.250 is hereby amended to read as follows:
414.250 1. An employee who wishes to join a volunteer search and rescue or reserve unit of a sheriffs department or join a Civil Air Patrol unit as a volunteer member shall disclose that fact to his or her employer.
2. [If] Except as otherwise provided in section 1 of this act, if the employer chooses not to allow the employee to participate in [search and rescue] the activities of such a reserve unit or Civil Air Patrol unit during his or her normal working hours, the employer shall notify the employee as soon as practicable after the disclosure is made pursuant to subsection 1.
3. An applicant for employment who is a member of a search and rescue or reserve unit of a sheriffs department or a Civil Air Patrol unit shall disclose that fact to his or her prospective employer.
________
κ2025 Statutes of Nevada, Page 843κ
Assembly Bill No. 449Assemblymember Gurr
CHAPTER 150
[Approved: May 30, 2025]
AN ACT relating to public utilities; revising provisions governing certain procedures or methodologies for changing rates or fees for certain public utilities; revising provisions authorizing certain public utilities to submit letters of advice for certain proposed changes in schedules of rates or services in lieu of filing an application with the Public Utilities Commission of Nevada; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Public Utilities Commission of Nevada to adopt regulations which provide simplified procedures or methodologies for a change of rates for those public utilities which furnish water or services for the disposal of sewage, or both, and which: (1) serve 3,000 or fewer persons; and (2) had during the immediately preceding 12-month period gross sales for water or services for the disposal of sewage amounting to $2,000,000 or less. Existing law also requires the regulations adopted by the Commission to authorize public utilities that satisfy those requirements to file letters of advice to change rates based on a nationally recognized inflation index approved by the Commission. (NRS 704.095) Section 1 of this bill instead requires the regulations adopted by the Commission to provide for simplified procedures or methodologies for a change of any rates or for public utilities which furnish water or services for the disposal of sewage, or both, and which: (1) serve 4,000 or fewer persons; and (2) had during the immediately preceding 12-month period gross sales for water or services for the disposal of sewage amounting to $4,000,000 or less. In addition to providing for the filing of letters of advice to change rates based on an approved nationally recognized inflation index, section 1 requires those regulations to provide for the filing of letters of advice to change fees, as authorized by the Commission, based on such an index.
Existing law generally requires a public utility to submit an application and obtain the approval of the Commission for a change in any schedule of rates or services. (NRS 704.110) However, existing law authorizes a public utility to submit a letter of advice in lieu of filing an application with the Commission if, among other criteria, the proposed change 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. Existing law additionally sets forth various requirements for the submission of a letter of advice in lieu of an application by a small-scale provider of last resort. (NRS 704.100) Section 2 of this bill authorizes a public utility other than a small-scale provider of last resort to submit a letter of advice if the proposed change does not change any rate or will result in an increase in annual gross operating revenue in an amount that does not exceed $100,000. Section 2 maintains the requirements for the use of a letter of advice by a small-scale provider of last resort provided under existing law.
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 704.095 is hereby amended to read as follows:
704.095 1. The Commission shall adopt regulations which provide simplified procedures or methodologies for a change of any rates or fees for those public utilities which furnish water or services for the disposal of sewage, or both, to persons within this State for compensation, and which:
κ2025 Statutes of Nevada, Page 844 (CHAPTER 150, AB 449)κ
those public utilities which furnish water or services for the disposal of sewage, or both, to persons within this State for compensation, and which:
(a) Serve [3,000] 4,000 or fewer persons; and
(b) Had during the immediately preceding 12-month period gross sales for water or services for the disposal of sewage amounting to [$2,000,000] $4,000,000 or less. If a public utility furnishes both water and services for the disposal of sewage, its gross sales for each service must be considered separately for determining whether the public utility qualifies under this paragraph for either service.
2. The regulations adopted by the Commission pursuant to subsection 1 must provide, without limitation, for the filing of letters of advice to change rates and, as authorized by the Commission, fees, based on a nationally recognized inflation index approved by the Commission.
Sec. 2. 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, 704.7865 and 704.7867, 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 utilitys 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.
(f) Except [as otherwise provided in paragraph (g),] for a public utility that is a small-scale provider of last resort, 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:] $100,000:
(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.
κ2025 Statutes of Nevada, Page 845 (CHAPTER 150, AB 449)κ
Κ 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 signatorys 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.] $100,000.
(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 applicants 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 signatorys 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.
Κ 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.
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.
κ2025 Statutes of Nevada, Page 846 (CHAPTER 150, AB 449)κ
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.
________
Assembly Bill No. 477Committee on Legislative Operations and Elections
CHAPTER 151
[Approved: May 30, 2025]
AN ACT relating to incarcerated persons; requiring the Director of the Department of Corrections to collect and maintain an electronic record for certain incarcerated persons with certain information and furnish the State Demographer with certain information relating to incarcerated persons; revising requirements governing the manner of revising certain population counts to count inmates; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Director of the Department of Corrections to compile the last known residential address of each offender immediately before the offender was sentenced to imprisonment in a facility or institution of the Department. (NRS 209.131) Existing law also requires: (1) the State Demographer, employed by the Department of Taxation, to, upon the completion of the decennial census, revise the population counts for every block, block group and census tract to count certain inmates in the block, block group and census tract of the inmates last known residential address before incarceration; and (2) the Department of Corrections to, upon request, provide all available information to the State Demographer. (NRS 360.288) Existing law further requires that the population counts as revised by the State Demographer be used in the apportionment of legislative districts, congressional districts and districts of the Board of Regents. (NRS 218B.105, 304.065, 396.0414)
Section 1 of this bill requires the Director of the Department of Corrections to collect and maintain an electronic record for each offender in a facility or institution of the Department that includes: (1) the last known residential address of the offender immediately before the offender was sentenced to imprisonment; (2) whether the offender is 18 years of age or older; and (3) the race or ethnicity of the offender. Section 3 of this bill requires the Director of the Department, before January 1, 2026, to collect and maintain for each offender in a facility or institution of the Department who will be released after July 1, 2030, the last known residential address of the offender immediately before the offender was imprisoned in the facility or institution.
Section 2 of this bill requires the Department of Corrections to provide certain information to the State Demographer for every inmate in a facility or institution of the Department, including the information the Director is required to collect and maintain in the electronic record in section 1.
κ2025 Statutes of Nevada, Page 847 (CHAPTER 151, AB 477)κ
Section 2 further requires the State Demographer to revise the population counts for every block, block group and census tract to count inmates in the block, block group or census tract in which the inmate was a resident before incarceration not later than 30 days after certain redistricting data is provided to the State. Lastly, section 2 requires that, for certain inmates whose last known residential address is unknown or whose last known residential address was not in this State, the State Demographer must: (1) not count the inmate in the block, block group and census tract of the facility or institution in which the inmate is incarcerated; and (2) count the inmate as a resident of a state unit not tied to a specific block, block group, census tract or other geographical unit.
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 209.131 is hereby amended to read as follows:
209.131 The Director shall:
1. Administer the Department under the direction of the Board.
2. Supervise the administration of all institutions and facilities of the Department.
3. Receive, retain and release, in accordance with law, offenders sentenced to imprisonment in the state prison.
4. Be responsible for the supervision, custody, treatment, care, security and discipline of all offenders under his or her jurisdiction.
5. Ensure that any person employed by the Department whose primary responsibilities are:
(a) The supervision, custody, security, discipline, safety and transportation of an offender;
(b) The security and safety of the staff; and
(c) The security and safety of an institution or facility of the Department,
Κ is a correctional officer who has the powers of a peace officer pursuant to subsection 1 of NRS 289.220.
6. Establish regulations with the approval of the Board and enforce all laws governing the administration of the Department and the custody, care and training of offenders.
7. Take proper measures to protect the health and safety of the staff and offenders in the institutions and facilities of the Department.
8. Take proper measures to protect the health and safety of persons employed by a school district to operate a program of education for incarcerated persons in an institution or facility pursuant to chapter 388H of NRS.
9. Cause to be placed from time to time in conspicuous places about each institution and facility copies of laws and regulations relating to visits and correspondence between offenders and others.
10. Provide for the holding of religious services in the institutions and facilities and make available to the offenders copies of appropriate religious materials.
11. [Compile the] Collect and maintain an electronic record for each offender in a facility or institution of the Department, which must include, without limitation:
κ2025 Statutes of Nevada, Page 848 (CHAPTER 151, AB 477)κ
(a) The last known residential address of each offender immediately before the offender was sentenced to imprisonment in a facility or institution of the Department [.] ;
(b) Whether the offender is 18 years of age or older; and
(c) The race or ethnicity of the offender, which must include a separate category for persons of Hispanic or Latino descent.
Sec. 2. NRS 360.288 is hereby amended to read as follows:
360.288 1. [Upon the completion] The Department of Corrections shall, after April 1 but not later than July 1 of each year in which the national decennial census is completed, furnish to the State Demographer for every inmate in a facility or institution of the Department:
(a) A unique identifying number, which may not include the name of the inmate and must be different than any other identification number assigned to the inmate by the Department;
(b) The street address of the facility or institution in which the inmate is sentenced to imprisonment;
(c) The last known residential address of each inmate immediately before the inmate was sentenced to imprisonment in a facility or institution of the Department and any alternative residential address of the inmate, if known by the Department;
(d) Whether the inmate is 18 years of age or older; and
(e) The race or ethnicity of the person, which must include a separate category for persons of Hispanic or Latino descent.
2. Not later than 30 days after provision of the [national decennial census conducted] redistricting data by the Bureau of the Census of the United States Department of Commerce [,] to the State pursuant to Public Law 94-171, the State Demographer shall , except as otherwise provided in subsection 3, revise the population counts for every block, block group and census tract as set forth in the census to count every inmate who was a resident of the State before incarceration in the block, block group and census tract of which an inmate was a resident before his or her incarceration [.
2. The Department of Corrections shall, upon request, provide to] based on the information received from the Department of Corrections pursuant to subsection 1.
3. For every inmate whose information is received pursuant to subsection 1 for whom the last known residential address is unknown or whose last known residential address was not in this State, and for every inmate in a federal facility or institution for whom the last known residential address is unknown, the State Demographer [all available information requested by the State Demographer in carrying out the provisions of subsection 1.
3.] :
(a) Must not count the inmate in the block, block group and census tract of the facility or institution in which the inmate is incarcerated; and
(b) Must count the inmate as a resident of a state unit not tied to a specific block, block group, census tract or other geographical unit.
4. 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.
κ2025 Statutes of Nevada, Page 849 (CHAPTER 151, AB 477)κ
(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) Inmate means a person who was determined to be incarcerated in a facility or institution of the Department of Corrections at the last preceding national decennial census conducted by the Bureau of the Census of the United States Department of Commerce.
(e) State Demographer means the demographer employed by the Department of Taxation pursuant to NRS 360.283.
Sec. 3. The Director of the Department of Corrections shall, before January 1, 2026, collect and maintain for each offender in a facility or institution of the Department who will be released from the facility or institution after July 1, 2030, the last known residential address of the offender immediately before the offender was sentenced to imprisonment in a facility or institution of the Department.
Sec. 4. 1. This section becomes effective upon passage and approval.
2. Sections 2 and 3 of this act become effective on July 1, 2025.
3. Section 1 of this act becomes effective on January 1, 2026.
________
Assembly Bill No. 501Assemblymembers Yeager and Jauregui
CHAPTER 152
[Approved: May 30, 2025]
AN ACT relating to education; authorizing the approval of academic credit for outdoor recreational activities under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prescribes certain courses of study required for a pupil to be promoted to high school or to graduate from high school. (NRS 390.600, 392.033) Existing law requires that a pupil be allowed to apply not more than one credit towards the number of credits required for graduation from high school if the pupil completes certain approved projects. (NRS 389.165) This bill authorizes the board of trustees of a school district or the governing body of a charter school to authorize a pupil enrolled in junior high or middle school or high school to receive credit toward the number of credits required for the pupil to be promoted to high school or to graduate from high school, as applicable, for completing certain approved outdoor recreational activities outside of school hours.
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 389 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of trustees of a school district or the governing body of a charter school may authorize a pupil enrolled in junior high or middle school or high school who completes an outdoor recreational activity that is approved pursuant to subsection 2 to receive credit toward the total number of credits required for promotion to high school or graduation from high school, as applicable.
κ2025 Statutes of Nevada, Page 850 (CHAPTER 152, AB 501)κ
is approved pursuant to subsection 2 to receive credit toward the total number of credits required for promotion to high school or graduation from high school, as applicable. Any credit earned for completing an outdoor recreational activity pursuant to this section must be applied towards the pupils elective course credit.
2. The board of trustees of a school district or the governing body of a charter school may approve for credit pursuant to subsection 1 an outdoor recreational activity that:
(a) Is completed outside of school hours;
(b) Requires a pupil to spend a significant amount of time outdoors; and
(c) Teaches the pupil skills that are relevant to outdoor education which may include, without limitation:
(1) Identifying plants and animals native to this State;
(2) Building trails;
(3) Restoring natural habitats;
(4) Outdoor survival skills;
(5) Outdoor recreational skills, including, without limitation, hiking and archery; and
(6) Bird watching.
3. If the board of trustees of a school district or the governing body of a charter school approves outdoor recreational activities for credit pursuant to subsection 1, the board of trustees or governing body, as applicable, shall prescribe the:
(a) Maximum amount of total credits that a pupil may earn for completing outdoor recreational activities;
(b) Rules regarding how a pupil may apply for such credit upon the completion of an approved outdoor recreational activity; and
(c) Procedures for obtaining the consent of a parent or legal guardian of a pupil before the pupil may participate in an outdoor recreational activity for which credit will be granted.
4. This section shall not be construed to require the board of trustees of a school district or the governing body of a charter school to provide, facilitate or spend money to provide, facilitate or sponsor any outdoor recreational activity.
Sec. 2. This act becomes effective on July 1, 2025.
________
κ2025 Statutes of Nevada, Page 851κ
Assembly Bill No. 506Committee on Ways and Means
CHAPTER 153
[Approved: May 30, 2025]
AN ACT relating to governmental administration; eliminating certain reporting requirements to the Legislative Branch of State Government; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Interim Finance Committee, commonly known as IFC, which is authorized to exercise certain powers only when the Legislature is not in a regular or special session. (NRS 218E.400, 218E.405)
Section 1 of this bill eliminates the requirement that the Attorney General submit annually to IFC an itemized statement of the income and expenditures for the Registry Account created in the State General Fund for purposes of depositing the fees paid by certain telephone solicitors.
Section 2 of this bill eliminates the requirement that the Executive Director of the Office of Economic Development within the Office of the Governor submit an annual report to IFC relating to the Catalyst Account and certain transferable tax credits to promote economic development.
Section 3 of this bill eliminates the requirement that the Director of the Department of Corrections submit a report to each meeting of IFC identifying any accounts receivable relating to a program for the employment of offenders.
Existing law creates the Legislative Bureau of Educational Accountability and Program Evaluation within the Fiscal Analysis Division of the Legislative Counsel Bureau, which has certain duties relating to: (1) collecting and analyzing data; and (2) conducting studies and analyses relating to the public education system within the State. Existing law further requires the Legislative Bureau of Educational Accountability and Program Evaluation to submit a written report of its findings on such issues: (1) on or before October 1 of each even-numbered year to the Director of the Legislative Counsel Bureau for transmission to the next regular session; and (2) on or before October 1 of each odd-numbered year to the Director for transmission to the Legislative Commission and the Joint Interim Standing Committee on Education. (NRS 218E.625) Section 4 of this bill eliminates the requirement that the Bureau submit a written report of its findings on or before October 1 of each odd-numbered year to the Director for transmission to the Legislative Commission and the Joint Interim Standing Committee on Education.
Under existing law, any state employee or group of state employees may submit to the Merit Award Board an employee suggestion, which is a proposal that would: (1) reduce, eliminate or avoid state expenditures; or (2) improve the operation of the State Government. (NRS 285.014, 285.050) Existing law requires the Board to provide a report relating to employee suggestions to the Budget Division of the Office of Finance and IFC not later than 90 days after the end of each fiscal year ending on June 30 of an even-numbered year. (NRS 285.060) Section 5 of this bill eliminates the requirement that such a report be submitted to IFC.
Existing law requires each local government that enters into a performance contract to submit a report that includes certain information relating to such contracts to the Director of the Legislative Counsel Bureau for transmittal to the Legislature if the Legislature is in session or to the Interim Finance Committee if the Legislature is not in session. (NRS 332.431) Section 6 of this bill eliminates the requirement that the report be submitted to IFC when the Legislature is not in session.
κ2025 Statutes of Nevada, Page 852 (CHAPTER 153, AB 506)κ
Existing law requires that every 6 months the Purchasing Division of the Department of Administration submit to the Legislature, if it is in session, or to IFC and the Legislative Committee on Senior Citizens, Veterans and Adults with Special Needs, if the Legislature is not in session, a report that includes certain information relating to state purchasing contracts and local businesses owned and operated by a veteran with a service-connected disability that submitted bids or proposals on state purchasing contracts. (NRS 333.3368) Section 7 of this bill eliminates the requirement that the report be submitted to IFC when the Legislature is not in session.
Existing law requires that, at least once every 6 months, each board or commission of this State and each institution of the Nevada System of Higher Education that employs a consultant submit a report to IFC setting forth certain information about the consultant. (NRS 333.705) Section 8 of this bill eliminates this requirement.
Existing law requires the Board of Trustees of the College Savings Plans of Nevada to prepare an annual report setting forth in appropriate detail an accounting and a description of the financial condition of the Nevada Higher Education Prepaid Tuition Trust Fund at the close of each fiscal year. The Board is required to submit the report: (1) in odd-numbered years, to the Governor, the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means; and (2) in even-numbered years, to the Governor and IFC. (NRS 353B.170) Section 9 of this bill eliminates the requirement that such a report be submitted to IFC in even-numbered years.
Section 10 of this bill eliminates the requirement that the State Board of Education submit, on a quarterly basis, a report to IFC on certain variances from the pupil-teacher ratios that are requested by a school district.
Section 11 of this bill eliminates the requirement that the Department of Health and Human Services report to IFC any applications for and the receipt of any gifts or grants that the Department is authorized to accept for the establishment of a program for child care.
Section 12 of this bill eliminates the requirement that each local air pollution control agency that receives certain money from the Pollution Control Account submit to IFC an annual report on the use of such money received. Section 13 of this bill makes a conforming change to reflect the elimination of the requirement in section 12.
Existing law provides that if a judicial or administrative proceeding has been initiated, by or on behalf of a person or another entity from outside of this State, that could adversely affect or place in jeopardy a water right or supply of water within this State, a local government may submit a request to the Director of the State Department of Conservation and Natural Resources for a special distribution by the Interim Finance Committee from the Contingency Account. IFC may make a special distribution from the Contingency Account if it makes certain findings. The recipient of such a special distribution is required to report to IFC upon the expenditure of the money at such times and in such detail as is required by IFC. (NRS 538.650) Section 14 of this bill eliminates such reporting requirements.
Existing law establishes an account known as the Recovery Fund, which is administered by the State Contractors Board. (NRS 624.470) Existing law authorizes certain injured persons who suffer actual damages as a result of an act or omission of a residential contractor to receive payment for damages from the Recovery Fund. (NRS 624.510) Existing law requires the Board, on or before February 1 of each year, to prepare and submit to the Director of the Legislative Counsel Bureau for transmittal to the appropriate legislative committee if the Legislature is in session, or to the Interim Finance Committee if the Legislature is not in session, a statement of the condition of the Recovery Fund that is prepared in accordance with generally accepted accounting principles. (NRS 624.540) Section 15 of this bill: (1) eliminates the requirement that the Board submit this report to IFC when the Legislature is not in session; and (2) requires the report to be submitted in February of each odd-numbered year to the Director of the Legislative Counsel Bureau for transmittal to the appropriate legislative committee.
κ2025 Statutes of Nevada, Page 853 (CHAPTER 153, AB 506)κ
Existing law requires the University of Nevada, Reno, School of Medicine to establish a program for the evaluation and research of the medical use of cannabis in the care and treatment of persons who have been diagnosed with a chronic or debilitating medical condition. The School of Medicine is required, on a quarterly basis, to report to IFC with respect to: (1) the progress made by the School of Medicine in obtaining federal approval for the research program; and (2) if the research program receives federal approval, the status of, activities of and information received from the research program. (NRS 678C.700) Section 16 of this bill eliminates this reporting requirement.
Section 17 of this bill eliminates the requirement that the Department of Employment, Training and Rehabilitation and the Housing Division of the Department of Business and Industry each submit a report to IFC at each meeting held by IFC relating to certain contractual relationships with one or more nonprofit collaboratives to carry out the States mission of creating new jobs in the fields of energy efficiency and renewable energy by combining job training with weatherization, energy retrofit applications or the development of renewable energy plants.
Section 18 of this bill eliminates the requirement that the State Public Works Board, each of the school districts and the Board of Regents of the University of Nevada each provide a report to IFC which describes certain projects for weatherization and retrofitting.
Existing law authorizes, under certain circumstances, the Public Utilities Commission of Nevada to alter the organization of the Commission and reassign responsibilities and duties of the sections of the Commission as the Commission deems necessary. Before reorganizing, the Commission is required to submit the plan for reorganization to: (1) the Director of the Legislative Counsel Bureau for transmittal to the appropriate legislative committee and IFC; and (2) the Director of the Office of Finance. (NRS 703.025) Section 19 of this bill eliminates the requirement that the plan for reorganization be submitted to IFC.
Section 20 of this bill eliminates the requirement under the Clark County Sales and Use Tax Act of 2005 that certain governing bodies submit a copy of a report relating to the proceeds from certain sales and use tax to the Director of the Legislative Counsel Bureau for transmittal to IFC.
Section 21 of this bill repeals the requirement that a school district submit to IFC at least once every 6 months a report concerning certain consultants employed by the district.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 228.630 is hereby amended to read as follows:
228.630 1. The Registry Account is hereby created in the State General Fund for the use of the Attorney General.
2. All money collected by the Attorney General pursuant to NRS 228.580 must be deposited in the State General Fund for credit to the Registry Account. The interest and income earned on the money in the Registry Account, after deducting any applicable charges, must be credited to the Registry Account.
3. Expenditures from the Registry Account must be made only to administer and enforce the provisions of NRS 228.500 to 228.640, inclusive.
4. The Attorney General shall administer the Registry Account. All claims against the Registry Account must be paid as other claims against the State are paid.
κ2025 Statutes of Nevada, Page 854 (CHAPTER 153, AB 506)κ
5. Any money remaining in the Registry Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Registry Account must be carried forward to the next fiscal year.
6. [Each year,] Before each legislative session, the Attorney General shall submit to the Legislature an itemized statement of the income and expenditures for the Registry Account . [:
(a) To the Legislature, if the Legislature is in session; or
(b) To the Interim Finance Committee, if the Legislature is not in session.]
Sec. 2. NRS 231.0535 is hereby amended to read as follows:
231.0535 1. On or before November 1 of each year, the Executive Director shall submit a report that includes the information required by this section to:
(a) The Governor; and
(b) The Director of the Legislative Counsel Bureau for transmittal to [:
(1) The Interim Finance Committee if the report is received during an odd-numbered year; or
(2) The] the next regular session of the Legislature . [if the report is received during an even-numbered year.]
2. The report must include, without limitation:
(a) The amount of all grants, gifts and donations of money to the Catalyst Account created by NRS 231.1573 which have been applied for and accepted from public and private sources;
(b) The amount of all grants and loans of money from the Catalyst Account which have been approved by the Executive Director or the Board pursuant to NRS 231.1577;
(c) The amount of all transferable tax credits which have been approved by the Executive Director or the Board pursuant to NRS 231.1555;
(d) The number of businesses which have been created or expanded in this State, or which have located to this State, because of grants and loans of money from the Catalyst Account approved pursuant to NRS 231.1577 or transferable tax credits approved pursuant to NRS 231.1555; and
(e) The number of jobs which have been created or saved because of grants and loans of money from the Catalyst Account approved pursuant to NRS 231.1577 or transferable tax credits approved pursuant to NRS 231.1555.
Sec. 3. NRS 209.461 is hereby amended to read as follows:
209.461 1. The Director shall:
(a) To the greatest extent possible, approximate the normal conditions of training and employment in the community.
(b) Except as otherwise provided in this section, to the extent practicable, require each offender, except those whose behavior is found by the Director to preclude participation, to spend 40 hours each week in vocational training or employment, unless excused for a medical reason or to attend educational classes in accordance with NRS 209.396. The Director shall require as a condition of employment that an offender sign an authorization for the deductions from his or her wages made pursuant to NRS 209.463. Authorization to make the deductions pursuant to NRS 209.463 is implied from the employment of an offender and a signed authorization from the offender is not required for the Director to make the deductions pursuant to NRS 209.463.
(c) Use the earnings from services and manufacturing conducted by the institutions and the money paid by private employers who employ the offenders to offset the costs of operating the prison system and to provide wages for the offenders being trained or employed.
κ2025 Statutes of Nevada, Page 855 (CHAPTER 153, AB 506)κ
offenders to offset the costs of operating the prison system and to provide wages for the offenders being trained or employed.
(d) Provide equipment, space and management for services and manufacturing by offenders.
(e) Employ craftsmen and other personnel to supervise and instruct offenders.
(f) Contract with governmental agencies and private employers for the employment of offenders, including their employment on public works projects under contracts with the State and with local governments.
(g) Contract for the use of offenders services and for the sale of goods manufactured by offenders.
(h) On or before January 1, 2014, and every 5 years thereafter, submit a report to the Director of the Legislative Counsel Bureau for distribution to the Joint Interim Standing Committee on the Judiciary. The report must include, without limitation, an analysis of existing contracts with private employers for the employment of offenders and the potential impact of those contracts on private industry in this State.
[(i) Submit a report to each meeting of the Interim Finance Committee identifying any accounts receivable related to a program for the employment of offenders.]
2. Every program for the employment of offenders established by the Director must:
(a) Employ the maximum number of offenders possible;
(b) Except as otherwise provided in NRS 209.192, provide for the use of money produced by the program to reduce the cost of maintaining the offenders in the institutions;
(c) Have an insignificant effect on the number of jobs available to the residents of this State; and
(d) Provide occupational training for offenders.
3. An offender may not engage in vocational training, employment or a business that requires or permits the offender to:
(a) Telemarket or conduct opinion polls by telephone; or
(b) Acquire, review, use or have control over or access to personal information concerning any person who is not incarcerated.
4. Each fiscal year, the cumulative profits and losses, if any, of the programs for the employment of offenders established by the Director must result in a profit for the Department. The following must not be included in determining whether there is a profit for the Department:
(a) Fees credited to the Fund for Prison Industries pursuant to NRS 482.268, any revenue collected by the Department for the leasing of space, facilities or equipment within the institutions or facilities of the Department, and any interest or income earned on the money in the Fund for Prison Industries.
(b) The selling expenses of the Central Administrative Office of the programs for the employment of offenders. As used in this paragraph, selling expenses means delivery expenses, salaries of sales personnel and related payroll taxes and costs, the costs of advertising and the costs of display models.
(c) The general and administrative expenses of the Central Administrative Office of the programs for the employment of offenders. As used in this paragraph, general and administrative expenses means the salary of the Deputy Director of Industrial Programs and the salaries of any other personnel of the Central Administrative Office and related payroll taxes and costs, the costs of telephone usage, and the costs of office supplies used and postage used.
κ2025 Statutes of Nevada, Page 856 (CHAPTER 153, AB 506)κ
other personnel of the Central Administrative Office and related payroll taxes and costs, the costs of telephone usage, and the costs of office supplies used and postage used.
5. If any state-sponsored program incurs a net loss for 2 consecutive fiscal years, the Director shall appear before the Joint Interim Standing Committee on the Judiciary to explain the reasons for the net loss and provide a plan for the generation of a profit in the next fiscal year. If the program does not generate a profit in the third fiscal year, the Director shall take appropriate steps to resolve the issue.
6. Except as otherwise provided in subsection 3, the Director may, with the approval of the Board:
(a) Lease spaces and facilities within any institution of the Department to private employers to be used for the vocational training and employment of offenders.
(b) Grant to reliable offenders the privilege of leaving institutions or facilities of the Department at certain times for the purpose of vocational training or employment.
7. Before entering into any contract with a private employer for the employment of offenders pursuant to subsection 1, the Director shall obtain from the private employer:
(a) A personal guarantee to secure an amount fixed by the Director of:
(1) For a contract that does not relate to construction, not less than 25 percent of the prorated annual amount of the contract but not more than 100 percent of the prorated annual amount of the contract, a surety bond made payable to the State of Nevada in an amount fixed by the Director of not less than 25 percent of the prorated annual amount of the contract but not more than 100 percent of the prorated annual amount of the contract and conditioned upon the faithful performance of the contract in accordance with the terms and conditions of the contract; or
(2) For a contract that relates to construction, not less than 100 percent of the prorated annual amount of the contract, a surety bond made payable to the State of Nevada in an amount fixed by the Director of not less than 100 percent of the prorated annual amount of the contract and conditioned upon the faithful performance of the contract in accordance with the terms and conditions of the contract,
Κ or a security agreement to secure any debt, obligation or other liability of the private employer under the contract, including, without limitation, lease payments, wages earned by offenders and compensation earned by personnel of the Department. The Director shall appear before the Joint Interim Standing Committee on the Judiciary to explain the reasons for the amount fixed by the Director for any personal guarantee or surety bond.
(b) A detailed written analysis on the estimated impact of the contract on private industry in this State. The written analysis must include, without limitation:
(1) The number of private companies in this State currently providing the types of products and services offered in the proposed contract.
(2) The number of residents of this State currently employed by such private companies.
(3) The number of offenders that would be employed under the contract.
(4) The skills that the offenders would acquire under the contract.
8. The provisions of this chapter do not create a right on behalf of the offender to employment or to receive the federal or state minimum wage for any employment and do not establish a basis for any cause of action against the State or its officers or employees for employment of an offender or for payment of the federal or state minimum wage to an offender.
κ2025 Statutes of Nevada, Page 857 (CHAPTER 153, AB 506)κ
any employment and do not establish a basis for any cause of action against the State or its officers or employees for employment of an offender or for payment of the federal or state minimum wage to an offender.
9. As used in this section, state-sponsored program means a program for the vocational training or employment of offenders which does not include a contract of employment with a private employer.
Sec. 4. NRS 218E.625 is hereby amended to read as follows:
218E.625 1. The Legislative Bureau of Educational Accountability and Program Evaluation is hereby created within the Fiscal Analysis Division. The Fiscal Analysts shall appoint to the Legislative Bureau of Educational Accountability and Program Evaluation a Chief and such other personnel as the Fiscal Analysts determine are necessary for the Bureau to carry out its duties pursuant to this section.
2. The Bureau shall, as the Fiscal Analysts determine is necessary or at the request of the Joint Interim Standing Committee on Education:
(a) Collect and analyze data and issue written reports concerning:
(1) The effectiveness of the provisions of chapter 385A of NRS in improving the accountability of the schools of this State;
(2) The statewide program to reduce the ratio of pupils per class per licensed teacher prescribed in NRS 388.700, 388.710 and 388.720;
(3) The statewide program to educate persons with disabilities that is set forth in NRS 388.5223 to 388.5243, inclusive;
(4) The results of the examinations of the National Assessment of Educational Progress that are administered pursuant to NRS 390.830; and
(5) Any program or legislative measure, the purpose of which is to reform the system of education within this State.
(b) Conduct studies and analyses to evaluate the performance and progress of the system of public education within this State. Such studies and analyses may be conducted:
(1) As the Fiscal Analysts determine are necessary; or
(2) At the request of the Legislature.
Κ This paragraph does not prohibit the Bureau from contracting with a person or entity to conduct studies and analyses on behalf of the Bureau.
(c) On or before October 1 of each even-numbered year, submit a written report of its findings pursuant to paragraphs (a) and (b) to the Director for transmission to the next regular session. [The Bureau shall, on or before October 1 of each odd-numbered year, submit a written report of its findings pursuant to paragraphs (a) and (b) to the Director for transmission to the Legislative Commission and to the Joint Interim Standing Committee on Education.]
3. The Bureau may, pursuant to NRS 218F.620, require a school, a school district, the Nevada System of Higher Education or the Department of Education to submit to the Bureau books, papers, records and other information that the Chief of the Bureau determines are necessary to carry out the duties of the Bureau pursuant to this section. An entity whom the Bureau requests to produce records or other information shall provide the records or other information in any readily available format specified by the Bureau.
4. Except as otherwise provided in this subsection and NRS 239.0115, any information obtained by the Bureau pursuant to this section shall be deemed a work product that is confidential pursuant to NRS 218F.150. The Bureau may, at the discretion of the Chief and after submission to the Legislature , [or Legislative Commission, as appropriate,] publish reports of its findings pursuant to paragraphs (a) and (b) of subsection 2.
κ2025 Statutes of Nevada, Page 858 (CHAPTER 153, AB 506)κ
Legislature , [or Legislative Commission, as appropriate,] publish reports of its findings pursuant to paragraphs (a) and (b) of subsection 2.
5. This section does not prohibit the Department of Education or the State Board of Education from conducting analyses, submitting reports or otherwise reviewing educational programs in this State.
Sec. 5. NRS 285.060 is hereby amended to read as follows:
285.060 1. Upon receiving an employee suggestion pursuant to NRS 285.050, the Secretary of the Board shall:
(a) Record and acknowledge receipt of the employee suggestion;
(b) Notify the state employee or each state employee of a group of state employees who submitted the employee suggestion of any undue delays in the consideration of the employee suggestion; and
(c) Refer the employee suggestion at once to the head of the state agency or agencies affected, or his or her designee, for consideration.
2. Within 30 days after receiving an employee suggestion that is referred pursuant to subsection 1, the head of the state agency, or his or her designee, shall report his or her findings and, if applicable, recommendations to the Board unless the Board has, for good cause, extended the period. The report must indicate:
(a) Whether the employee suggestion has been adopted.
(b) If adopted:
(1) The day on which the employee suggestion was put into practice.
(2) The actual or estimated reduction, elimination or avoidance of state expenditures or any improvement in the operation of the State Government made possible by the employee suggestion.
(3) If the employee suggestion was submitted by a group of state employees, a recommendation of the distribution of any potential award made pursuant to NRS 285.070 to each state employee in the group. Such a distribution must be made in equal proportion to each state employee in the group.
(c) If rejected, the reasons for rejection.
(d) If applicable, whether legislation will be required before the employee suggestion may be adopted.
3. The Board shall:
(a) Review the findings and, if applicable, recommendations of the state agency and may obtain additional information or take such other action as is necessary for prompt, thorough and impartial consideration of each employee suggestion.
(b) Evaluate each employee suggestion, taking into consideration any action by the state agency, staff recommendations and the objectives of the Merit Award Program.
(c) Monitor the efficacy and progress of employee suggestions that have been adopted and put into practice.
(d) Provide a report to the Budget Division of the Office of Finance [and the Interim Finance Committee] not later than 90 days after the end of each fiscal year ending on June 30 of an even-numbered year summarizing, for that fiscal year and the previous fiscal year:
(1) The employee suggestions that were rejected by state agencies.
(2) The employee suggestions that were adopted by state agencies and detailing any actual reduction, elimination or avoidance of state expenditures or any improvement in the operation of the State Government made possible by the employee suggestion.
κ2025 Statutes of Nevada, Page 859 (CHAPTER 153, AB 506)κ
(3) Any legislation required to be enacted before an employee suggestion may be adopted.
Sec. 6. NRS 332.431 is hereby amended to read as follows:
332.431 1. Each local government that enters into a performance contract pursuant to NRS 332.300 to 332.440, inclusive, shall, on or before February 1 of each year, prepare and submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature . [if the Legislature is in session, or to the Interim Finance Committee if the Legislature is not in session.]
2. The report required pursuant to subsection 1 must include, without limitation:
(a) The status of the construction and financing of the operating cost-savings measures described in the performance contract.
(b) The cumulative amount of operating cost-savings that have resulted from the operating cost-savings measures.
(c) The amount of operating cost-savings that are projected for the future.
(d) Any other information required by the Legislature . [or Interim Finance Committee.]
Sec. 7. NRS 333.3368 is hereby amended to read as follows:
333.3368 The Purchasing Division shall, every 6 months, submit to the Legislature, if it is in session, or to [the Interim Finance Committee and] the Legislative Committee on Senior Citizens, Veterans and Adults with Special Needs created by NRS 218E.750, if the Legislature is not in session, a report which must contain, for the period since the submission of the last report:
1. The number of state purchasing contracts that were subject to the provisions of NRS 333.3361 to 333.3369, inclusive.
2. The total dollar amount of state purchasing contracts that were subject to the provisions of NRS 333.3361 to 333.3369, inclusive.
3. The number of local businesses owned and operated by veterans with service-connected disabilities that submitted a bid or proposal on a state purchasing contract.
4. The number of state purchasing contracts that were awarded to local businesses owned and operated by veterans with service-connected disabilities.
5. The total number of dollars worth of state purchasing contracts that were awarded to local businesses owned and operated by veterans with service-connected disabilities.
6. Any other information deemed relevant by the Director of the Legislative Counsel Bureau.
Sec. 8. NRS 333.705 is hereby amended to read as follows:
333.705 1. Except as otherwise provided in this section, a using agency shall not enter into a contract with a person to provide services for the using agency if:
(a) The person is a current employee of an agency of this State;
(b) The person is a former employee of an agency of this State and less than 2 years have expired since the termination of the persons employment with the State; or
(c) The person is employed by the Department of Transportation for a transportation project that is entirely funded by federal money and the term of the contract is for more than 4 years,
Κ unless the using agency submits a written disclosure to the State Board of Examiners indicating the services to be provided pursuant to the contract and the person who will be providing those services and, after reviewing the disclosure, the State Board of Examiners approves entering into a contract with the person.
κ2025 Statutes of Nevada, Page 860 (CHAPTER 153, AB 506)κ
disclosure, the State Board of Examiners approves entering into a contract with the person. The requirements of this subsection apply to any person employed by a business or other entity that enters into a contract to provide services for a using agency if the person will be performing or producing the services for which the business or entity is employed.
2. The provisions of paragraph (b) of subsection 1 apply to employment through a temporary employment service. A temporary employment service providing employees for a using agency shall provide the using agency with the names of the employees to be provided to the agency. The State Board of Examiners shall not approve a contract pursuant to paragraph (b) of subsection 1 unless the Board determines that one or more of the following circumstances exist:
(a) The person provides services that are not provided by any other employee of the using agency or for which a critical labor shortage exists; or
(b) A short-term need or unusual economic circumstance exists for the using agency to contract with the person.
3. The approval by the State Board of Examiners to contract with a person pursuant to subsection 1:
(a) May occur at the same time and in the same manner as the approval by the State Board of Examiners of a proposed contract pursuant to subsection 7 of NRS 333.700; and
(b) Must occur before the date on which the contract becomes binding on the using agency.
4. A using agency may contract with a person pursuant to paragraph (a) or (b) of subsection 1 without obtaining the approval of the State Board of Examiners if the term of the contract is for less than 4 months and the head of the using agency determines that an emergency exists which necessitates the contract. If a using agency contracts with a person pursuant to this subsection, the using agency shall submit a copy of the contract and a description of the emergency to the State Board of Examiners, which shall review the contract and the description of the emergency and notify the using agency whether the State Board of Examiners would have approved the contract if it had not been entered into pursuant to this subsection.
5. Except as otherwise provided in subsection [9,] 8, a using agency shall, not later than 10 days after the end of each fiscal quarter, report to the Interim Finance Committee concerning all contracts to provide services for the using agency that were entered into by the using agency during the fiscal quarter with a person who is a current or former employee of a department, division or other agency of this State.
6. Except as otherwise provided in subsection [9,] 8, a using agency shall not contract with a temporary employment service unless the contracting process is controlled by rules of open competitive bidding.
7. [Each board or commission of this State and each institution of the Nevada System of Higher Education that employs a consultant shall, at least once every 6 months, submit to the Interim Finance Committee a report setting forth:
(a) The number of consultants employed by the board, commission or institution;
(b) The purpose for which the board, commission or institution employs each consultant;
(c) The amount of money or other remuneration received by each consultant from the board, commission or institution; and
κ2025 Statutes of Nevada, Page 861 (CHAPTER 153, AB 506)κ
(d) The length of time each consultant has been employed by the board, commission or institution.
8.] A using agency, board or commission of this State and each institution of the Nevada System of Higher Education:
(a) Shall make every effort to limit the number of contracts it enters into with persons to provide services which have a term of more than 2 years and which are in the amount of less than $1,000,000; and
(b) Shall not enter into a contract with a person to provide services without ensuring that the person is in active and good standing with the Secretary of State.
[9.] 8. The provisions of subsections 1 to 6, inclusive, do not apply to:
(a) The Nevada System of Higher Education or a board or commission of this State.
(b) The employment of professional engineers by the Department of Transportation if those engineers are employed for a transportation project that is entirely funded by federal money.
(c) Contracts in the amount of $1,000,000 or more entered into:
(1) Pursuant to the State Plan for Medicaid established pursuant to NRS 422.063.
(2) For financial services.
(3) Pursuant to the Public Employees Benefits Program.
(d) The employment of a person by a business or entity which is a provider of services under the State Plan for Medicaid and which provides such services on a fee-for-service basis or through managed care.
(e) The employment of a former employee of an agency of this State who is not receiving retirement benefits under the Public Employees Retirement System during the duration of the contract.
Sec. 9. NRS 353B.170 is hereby amended to read as follows:
353B.170 The Board shall:
1. Prepare an annual report setting forth in appropriate detail an accounting of the Trust Fund and a description of the financial condition of the Trust Fund at the close of each fiscal year, including, without limitation, a statement of projected receipts, disbursements and operating costs of the Trust Fund.
2. Submit the report prepared pursuant to subsection 1 on or before March 31 of each year:
(a) In odd-numbered years, to the Governor, the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means.
(b) In even-numbered years, to the Governor . [and the Interim Finance Committee.]
Sec. 10. NRS 388.700 is hereby amended to read as follows:
388.700 1. Except as otherwise provided in this section, for each school quarter of a school year, the ratio in each school district of pupils per licensed teacher designated to teach, on a full-time basis, in classes where core curriculum is taught:
(a) In kindergarten and grades 1 and 2, must not exceed 16 to 1, and in grade 3, must not exceed 18 to 1; or
(b) If a plan is approved pursuant to subsection 3 of NRS 388.720, must not exceed the ratio set forth in that plan for the grade levels specified in the plan.
Κ In determining this ratio, all licensed educational personnel who teach a grade level specified in paragraph (a) or a grade level specified in a plan that is approved pursuant to subsection 3 of NRS 388.720, as applicable for the school district, must be counted except teachers of art, music, physical education or special education, teachers who teach one or two specific subject areas to more than one classroom of pupils, counselors, librarians, administrators, deans, specialists, any administrators or other licensed educational personnel, including, without limitation, counselors, coaches and special education teachers, who may be present in a classroom but do not teach every pupil in the classroom and teachers who are not actively teaching pupils during a class period or who do not teach a subject area for which the ratio of pupils per licensed teacher is being determined.
κ2025 Statutes of Nevada, Page 862 (CHAPTER 153, AB 506)κ
is approved pursuant to subsection 3 of NRS 388.720, as applicable for the school district, must be counted except teachers of art, music, physical education or special education, teachers who teach one or two specific subject areas to more than one classroom of pupils, counselors, librarians, administrators, deans, specialists, any administrators or other licensed educational personnel, including, without limitation, counselors, coaches and special education teachers, who may be present in a classroom but do not teach every pupil in the classroom and teachers who are not actively teaching pupils during a class period or who do not teach a subject area for which the ratio of pupils per licensed teacher is being determined.
2. A school district may, within the limits of any plan adopted pursuant to NRS 388.720, assign a pupil whose enrollment in a grade occurs after the end of a quarter during the school year to any existing class regardless of the number of pupils in the class if the school district requests and is approved for a variance from the State Board pursuant to subsection 4.
3. Each school district that includes one or more elementary schools which exceed the ratio of pupils per class during any quarter of a school year, as reported to the Department pursuant to NRS 388.725:
(a) Set forth in subsection 1;
(b) Prescribed in conjunction with a legislative appropriation for the support of the class-size reduction program; or
(c) Defined by a legislatively approved alternative class-size reduction plan, if applicable to that school district,
Κ must request a variance for each such school for the next quarter of the current school year if a quarter remains in that school year or for the next quarter of the succeeding school year, as applicable, from the State Board by providing a written statement that includes the reasons for the request, the justification for exceeding the applicable prescribed ratio of pupils per class and a plan of actions that the school district will take to reduce the ratio of pupils per class.
4. The State Board may grant to a school district a variance from the limitation on the number of pupils per class set forth in paragraph (a), (b) or (c) of subsection 3 for good cause, including the lack of available financial support specifically set aside for the reduction of pupil-teacher ratios.
5. [The State Board shall, on a quarterly basis, submit a report to the Interim Finance Committee on each variance requested by a school district pursuant to subsection 4 during the preceding quarter and, if a variance was granted, an identification of each elementary school for which a variance was granted and the specific justification for the variance.
6.] The State Board shall, on or before February 1 of each odd-numbered year, submit a report to the Legislature on:
(a) Each variance requested by a school district pursuant to subsection 4 during the preceding biennium and, if a variance was granted, an identification of each elementary school for which variance was granted and the specific justification for the variance.
(b) The data reported to it by the various school districts pursuant to subsection 2 of NRS 388.710, including an explanation of that data, and the current pupil-teacher ratios per class in the grade levels specified in paragraph (a) of subsection 1 or the grade levels specified in a plan that is approved pursuant to subsection 3 of NRS 388.720, as applicable for the school district.
[7.] 6. The Department shall, on or before November 15 of each year, report to the Chief of the Budget Division of the Office of Finance and the Fiscal Analysis Division of the Legislative Counsel Bureau:
κ2025 Statutes of Nevada, Page 863 (CHAPTER 153, AB 506)κ
(a) The number of teachers employed full-time;
(b) The number of teachers employed in order to attain the ratio required by subsection 1;
(c) The number of substitute teachers filling vacancies or long-term positions;
(d) The number of pupils enrolled; and
(e) The number of teachers assigned to teach in the same classroom with another teacher or in any other arrangement other than one teacher assigned to one classroom of pupils,
Κ during the current school year in the grade levels specified in paragraph (a) of subsection 1 or the grade levels specified in a plan that is approved pursuant to subsection 3 of NRS 388.720, as applicable, for each school district.
[8.] 7. The provisions of this section do not apply to a charter school or to a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive.
Sec. 11. NRS 432A.055 is hereby amended to read as follows:
432A.055 [1.] Subject to the provisions of chapter 353 of NRS, the Department may accept gifts and grants of money, property and services for the establishment of a program for child care.
[2. The Department shall report to the Interim Finance Committee any applications for, and the receipt of, any gifts or grants pursuant to subsection 1.]
Sec. 12. NRS 445B.830 is hereby amended to read as follows:
445B.830 1. In areas of the State where and when a program is commenced pursuant to NRS 445B.770 to 445B.815, inclusive, the following fees must be paid to the Department of Motor Vehicles and accounted for in the Pollution Control Account, which is hereby created in the State General Fund:
(a) For the issuance and annual renewal of a license for an authorized inspection station, authorized station or fleet station $25
(b) For each set of 25 forms certifying emission control compliance 150
(c) For each form issued to a fleet station.................................................. 6
2. Except as otherwise provided in subsection 6, and after deduction of the amounts distributed pursuant to subsections 4 and [7,] 6, money in the Pollution Control Account may, pursuant to legislative appropriation or with the approval of the Interim Finance Committee, be expended by the following agencies in the following order of priority:
(a) The Department of Motor Vehicles to carry out the provisions of NRS 445B.770 to 445B.845, inclusive.
(b) The State Department of Conservation and Natural Resources to carry out the provisions of this chapter.
(c) The State Department of Agriculture to carry out the provisions of NRS 590.010 to 590.150, inclusive.
(d) Local air pollution control agencies in nonattainment or maintenance areas for an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408, for programs related to the improvement of the quality of the air.
(e) The Tahoe Regional Planning Agency to carry out the provisions of NRS 277.200 with respect to the preservation and improvement of air quality in the Lake Tahoe Basin.
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3. The Department of Motor Vehicles may prescribe by regulation routine fees for inspection at the prevailing shop labor rate, including, without limitation, maximum charges for those fees, and for the posting of those fees in a conspicuous place at an authorized inspection station or authorized station.
4. The Department of Motor Vehicles shall make quarterly distributions of money in the Pollution Control Account to local air pollution control agencies in nonattainment or maintenance areas for an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408. The distributions of money made to agencies in a county pursuant to this subsection must be made from an amount of money in the Pollution Control Account that is equal to one-sixth of the amount received for each form issued in the county pursuant to subsection 1.
5. [Each local air pollution control agency that receives money pursuant to subsections 4, 6 and 7 shall, not later than 45 days after the end of the fiscal year in which the money is received, submit to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee a report on the use of the money received.
6.] The Department of Motor Vehicles shall make annual distributions of excess money in the Pollution Control Account to local air pollution control agencies in nonattainment or maintenance areas for an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408, for programs related to the improvement of the quality of the air. The distributions of excess money made to local air pollution control agencies in a county pursuant to this subsection must be made in an amount proportionate to the number of forms issued in the county pursuant to subsection 1. As used in this subsection, excess money means the money in excess of $1,000,000 remaining in the Pollution Control Account at the end of the fiscal year, after deduction of the amounts distributed pursuant to subsections 4 and [7] 6 and any disbursements made from the Account pursuant to subsection 2.
[7.] 6. If a board of county commissioners imposes an additional fee pursuant to subsection 1 of NRS 445B.834, the Department of Motor Vehicles shall:
(a) Upon receiving the notification pursuant to subsection 2 of NRS 445B.834, collect the additional fee on behalf of the county and account separately for money from the additional fee in the Pollution Control Account; and
(b) Make quarterly distributions of the money in the Pollution Control Account attributable to each county whose board of county commissioners imposed the additional fee. The distributions made pursuant to this paragraph must be equal to the amount of money collected on behalf of the county pursuant to the additional fee imposed by the board of county commissioners of the county.
[8.] 7. The Department of Motor Vehicles shall provide for the creation of an advisory committee consisting of representatives of state and local agencies involved in the control of emissions from motor vehicles. The committee shall:
(a) Establish goals and objectives for the program for control of emissions from motor vehicles;
(b) Identify areas where funding should be made available; and
(c) Review and make recommendations concerning regulations adopted pursuant to NRS 445B.770.
κ2025 Statutes of Nevada, Page 865 (CHAPTER 153, AB 506)κ
Sec. 13. NRS 445B.834 is hereby amended to read as follows:
445B.834 1. The board of county commissioners of a county whose population is 100,000 or more may by ordinance impose an additional fee for each form certifying emission control compliance.
2. If a board of county commissioners imposes an additional fee pursuant to subsection 1, the board of county commissioners shall notify the Department of Motor Vehicles for the purposes of collecting and distributing the additional fee pursuant to subsection [7] 6 of NRS 445B.830.
3. If a board of county commissioners imposes an additional fee pursuant to subsection 1, the board shall:
(a) Subject to the provisions of paragraph (b), use any money received from the additional fee to support the programs of local air pollution control agencies to reduce emissions from a motor vehicle; and
(b) Allocate at least 50 percent of any money received from the additional fee to support the programs of local air pollution control agencies to reduce emissions from a motor vehicle for the benefit of historically underserved communities.
4. As used in this section:
(a) Additional fee does not include any fee that is imposed pursuant to paragraph (a), (b) or (c) of subsection 1 of NRS 445B.830.
(b) 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.
(c) Block group means a combination of blocks whose numbers begin with the same digit.
(d) Census tract means a combination of block groups.
(e) Historically underserved community means:
(1) A census tract:
(I) Designated as a qualified census tract by the United States 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 community in this State with at least one public school:
(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) A community in this State located on qualified tribal land, as defined in NRS 370.0325.
Sec. 14. NRS 538.650 is hereby amended to read as follows:
538.650 1. If a judicial or administrative proceeding has been initiated, by or on behalf of a person or other entity from outside of this state, that could adversely affect or place in jeopardy a water right or supply of water within this state, a local government may submit a request to the Director of the State Department of Conservation and Natural Resources for a special distribution by the Interim Finance Committee from the Contingency Account.
2. The Director of the State Department of Conservation and Natural Resources shall consider the request, may require from the requester such additional information as it deems appropriate, and shall, if the Director finds that a special distribution should be made, request approval from the State Board of Examiners and amount of the distribution to the Interim Finance Committee for its independent evaluation and action.
κ2025 Statutes of Nevada, Page 866 (CHAPTER 153, AB 506)κ
additional information as it deems appropriate, and shall, if the Director finds that a special distribution should be made, request approval from the State Board of Examiners and amount of the distribution to the Interim Finance Committee for its independent evaluation and action. The Interim Finance Committee is not bound to follow the recommendation of the State Board of Examiners or the Director of the State Department of Conservation and Natural Resources.
3. The State Board of Examiners and the Director of the State Department of Conservation and Natural Resources shall transmit its recommendation to the Director of the Legislative Counsel Bureau, who shall notify the Chair of the Interim Finance Committee. The Chair shall call a meeting of the Committee to consider the recommendation.
4. The Interim Finance Committee may make a special distribution from the Contingency Account if it finds that:
(a) The grant will be expended to assist local governments in the defense and protection of water rights and supplies of water, on behalf of the people of this state, from any challenge or encroachment originating outside of this state; and
(b) The requester will provide an amount of money, at least equal to the grant, for the same purpose.
5. The recipient of a special distribution made pursuant to this section:
(a) Shall provide an amount of money at least equal to the allocation which must be used for the same purpose.
(b) May, in accomplishing the public purpose set forth in paragraph (a) of subsection 4, use the money to employ legal counsel and other consultants necessary to participate in or negotiate the settlement of judicial or administrative proceedings concerning water rights or supplies of water.
[(c) Shall report to the Interim Finance Committee upon the expenditure of the money at such times and in such detail as is required by the Interim Finance Committee.]
6. The total of the special distributions made by the Interim Finance Committee pursuant to this section must not exceed $250,000 during each biennium. Any money distributed pursuant to this section that is not expended for the purpose for which it was distributed reverts to the Contingency Account at such time as is specified by the Interim Finance Committee.
7. As used in this section, local government means a political subdivision of this state, including, without limitation, a city, county, irrigation district, water district or water conservancy district.
Sec. 15. NRS 624.540 is hereby amended to read as follows:
624.540 1. The Board shall:
(a) On or before February 1 of each odd-numbered year, prepare and submit to the Director of the Legislative Counsel Bureau for transmittal to the appropriate legislative committee [if the Legislature is in session, or to the Interim Finance Committee if the Legislature is not in session,] a statement of the condition of the account that is prepared in accordance with generally accepted accounting principles.
(b) Employ accountants as necessary for the performance of the duties set forth in this section and pay any related expenses from the money in the account. Except as otherwise provided in subsection 3, the expenditures made by the Board pursuant to this paragraph must not exceed $10,000 in any fiscal year.
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(c) Employ or contract with persons and procure necessary equipment, supplies and services to be paid from or purchased with the money in the account as may be necessary to monitor or process claims filed by injured persons that may result in a recovery from the account.
2. Any interest earned on the money in the account must be credited to the account. The Board may expend the interest earned on the money in the account to increase public awareness of the account. Except as otherwise provided in subsection 3, the expenditures made by the Board for this purpose must not exceed $50,000 in any fiscal year.
3. The total expenditures made by the Board pursuant to this section must not exceed 10 percent of the account in any fiscal year.
Sec. 16. NRS 678C.700 is hereby amended to read as follows:
678C.700 1. The University of Nevada, Reno, School of Medicine shall establish a program for the evaluation and research of the medical use of cannabis in the care and treatment of persons who have been diagnosed with a chronic or debilitating medical condition.
2. Before the School of Medicine establishes a program pursuant to subsection 1, the School of Medicine shall aggressively seek and must receive approval of the program by the Federal Government pursuant to 21 U.S.C. § 823 or other applicable provisions of federal law, to allow the creation of a federally approved research program for the use and distribution of cannabis for medical purposes.
3. A research program established pursuant to this section must include residents of this State who volunteer to act as participants and subjects, as determined by the School of Medicine.
4. A resident of this State who wishes to serve as a participant and subject in a research program established pursuant to this section may notify the School of Medicine and may apply to participate by submitting an application on a form prescribed by the Department of Administration of the School of Medicine.
[5. The School of Medicine shall, on a quarterly basis, report to the Interim Finance Committee with respect to:
(a) The progress made by the School of Medicine in obtaining federal approval for the research program; and
(b) If the research program receives federal approval, the status of, activities of and information received from the research program.]
Sec. 17. NRS 701B.921 is hereby amended to read as follows:
701B.921 1. The Department of Employment, Training and Rehabilitation and the Housing Division of the Department of Business and Industry shall establish contractual relationships with one or more nonprofit collaboratives to carry out the States mission of creating new jobs in the fields of energy efficiency and renewable energy by combining job training with weatherization, energy retrofit applications or the development of renewable energy plants.
2. To qualify as a nonprofit collaborative for the purposes of this section, a nonprofit entity:
(a) Must enter into a written agreement relating to job training and career development activities with:
(1) A labor management agency or other affiliated agency which has established an apprenticeship program that is registered and approved by the State Apprenticeship Council pursuant to chapter 610 of NRS; and
(2) A community college or another institution of higher education; and
κ2025 Statutes of Nevada, Page 868 (CHAPTER 153, AB 506)κ
(b) Must conduct or have the ability to conduct training programs in at least one of the three geographic regions of this State, including southern Nevada, northern Nevada and rural Nevada.
Κ Such a nonprofit entity may also enter into a written agreement relating to job training and career development activities with a trade association which has an accredited job skills training program.
3. Within the limits of money available to the Department for this purpose, the Department shall contract with one or more qualified nonprofit collaboratives to:
(a) Carry out programs for job training in fields relating to energy efficiency and the use of renewable energy.
(b) In concert with a labor management agency or other affiliated agency which has established an apprenticeship program that is registered and approved by the State Apprenticeship Council pursuant to chapter 610 of NRS, develop apprenticeship programs to train laborers in skills related to:
(1) The implementation of energy efficiency measures.
(2) The use of renewable energy.
(3) Performing audits of the energy efficiency of buildings, facilities, residences and structures.
(4) The weatherization of buildings, facilities, residences and structures.
(5) The retrofitting of buildings, facilities, residences and structures.
(6) The construction and operation of centralized renewable energy plants.
(7) The manufacturing of components relating to work performed pursuant to subparagraphs (1) to (6), inclusive.
4. The job training described in subsection 3 must be sufficiently detailed to allow workers, as applicable, to perform:
(a) The services set forth in NRS 702.270.
(b) The services set forth in NRS 618.910 to 618.936, inclusive.
(c) Such other vocational or professional services, or both, as the Department deems appropriate.
5. Funding provided for the job training described in subsection 3:
(a) Must, to the extent money is available for the purpose, include the cost of tuition and supplies.
(b) May include a cost-of-living stipend which may or may not be in addition to any available unemployment compensation.
6. Within the limits of money available to the Division for the purpose, the Division shall contract with one or more governmental entities, community action agencies or nonprofit organizations, including, without limitation, qualified nonprofit collaboratives, to:
(a) Identify, in different regions of the State, neighborhoods that will qualify for funding for residential weatherization projects pursuant to federal programs focusing on residential weatherization; and
(b) Issue requests for proposals for contractors and award contracts for projects to promote energy efficiency through weatherization. Any such requests for proposals and contracts must include, without limitation:
(1) Provisions stipulating that all employees of the outside contractors who work on the project must be paid prevailing wages;
(2) Provisions requiring that each outside contractor:
(I) Employ on each such project a number of persons trained as described in paragraph (b) of subsection 3 that is equal to or greater than 50 percent of the total workforce the contractor employs on the project; or
κ2025 Statutes of Nevada, Page 869 (CHAPTER 153, AB 506)κ
(II) If the Director of the Department determines in writing, pursuant to a request submitted by the contractor, that the contractor cannot reasonably comply with the provisions of sub-subparagraph (I) because there are not available a sufficient number of such trained persons, employ a number of persons trained as described in paragraph (b) of subsection 3 or trained through any apprenticeship program that is registered and approved by the State Apprenticeship Council pursuant to chapter 610 of NRS that is equal to or greater than 50 percent of the total workforce the contractor employs on the project;
(3) A component pursuant to which persons trained as described in paragraph (b) of subsection 3 must be classified and paid prevailing wages depending upon the classification of the skill in which they are trained; and
(4) A component that requires each contractor to offer to employees working on the project, and to their dependents, health care in the same manner as a policy of insurance pursuant to chapters 689A and 689B of NRS or the Employee Retirement Income Security Act of 1974.
7. The Department and the Division:
(a) Shall apply for and accept any grant, appropriation, allocation or other money available pursuant to:
(1) The Green Jobs Act of 2007, 29 U.S.C. § 2916(e); and
(2) The American Recovery and Reinvestment Act of 2009, Public Law 111-5; and
(b) May apply for and accept any other available gift, grant, appropriation or donation from any public or private source,
Κ to assist the Department and the Division in carrying out the provisions of this section.
8. [The Department and the Division shall each report to the Interim Finance Committee at each meeting held by the Interim Finance Committee with respect to the activities in which they have engaged pursuant to this section.
9.] As used in this section, community action agencies means private corporations or public agencies established pursuant to the Economic Opportunity Act of 1964, Public Law 88-452, which are authorized to administer money received from federal, state, local or private funding entities to assess, design, operate, finance and oversee antipoverty programs.
Sec. 18. NRS 701B.924 is hereby amended to read as follows:
701B.924 1. The State Public Works Board shall, within 90 days after June 9, 2009, determine the specific projects to weatherize and retrofit public buildings, facilities and structures, including, without limitation, traffic-control systems, and to otherwise use sources of renewable energy to serve those buildings, facilities and structures pursuant to the provisions of this section and NRS 701B.921. The projects must be prioritized and selected on the basis of the following criteria:
(a) The length of time necessary to commence the project.
(b) The number of workers estimated to be employed on the project.
(c) The effectiveness of the project in reducing energy consumption.
(d) The estimated cost of the project.
(e) Whether the project is able to be powered by or to otherwise use sources of renewable energy.
(f) Whether the project has qualified for participation in one or more of the following programs:
(1) The Solar Energy Systems Incentive Program created by NRS 701B.240;
κ2025 Statutes of Nevada, Page 870 (CHAPTER 153, AB 506)κ
(2) The Renewable Energy School Pilot Program created by NRS 701B.350;
(3) The Wind Energy Systems Demonstration Program created by NRS 701B.580;
(4) The Waterpower Energy Systems Demonstration Program created by NRS 701B.820; or
(5) An energy efficiency or energy conservation program offered by a public utility, as defined in NRS 704.020, pursuant to a plan approved by the Public Utilities Commission of Nevada pursuant to NRS 704.741.
2. The board of trustees of each school district shall, within 90 days after June 9, 2009, determine the specific projects to weatherize and retrofit public buildings, facilities and structures, including, without limitation, traffic-control systems, and to otherwise use sources of renewable energy to serve those buildings, facilities and structures pursuant to the provisions of this section and NRS 701B.921. The projects must be prioritized and selected on the basis of the following criteria:
(a) The length of time necessary to commence the project.
(b) The number of workers estimated to be employed on the project.
(c) The effectiveness of the project in reducing energy consumption.
(d) The estimated cost of the project.
(e) Whether the project is able to be powered by or to otherwise use sources of renewable energy.
(f) Whether the project has qualified for participation in one or more of the following programs:
(1) The Solar Energy Systems Incentive Program created by NRS 701B.240;
(2) The Renewable Energy School Pilot Program created by NRS 701B.350;
(3) The Wind Energy Systems Demonstration Program created by NRS 701B.580;
(4) The Waterpower Energy Systems Demonstration Program created by NRS 701B.820; or
(5) An energy efficiency or energy conservation program offered by a public utility, as defined in NRS 704.020, pursuant to a plan approved by the Public Utilities Commission of Nevada pursuant to NRS 704.741.
3. The Board of Regents of the University of Nevada shall, within 90 days after June 9, 2009, determine the specific projects to weatherize and retrofit public buildings, facilities and structures, including, without limitation, traffic-control systems, and to otherwise use sources of renewable energy to serve those buildings, facilities and structures pursuant to the provisions of this section and NRS 701B.921. The projects must be prioritized and selected on the basis of the following criteria:
(a) The length of time necessary to commence the project.
(b) The number of workers estimated to be employed on the project.
(c) The effectiveness of the project in reducing energy consumption.
(d) The estimated cost of the project.
(e) Whether the project is able to be powered by or to otherwise use sources of renewable energy.
(f) Whether the project has qualified for participation in one or more of the following programs:
(1) The Solar Energy Systems Incentive Program created by NRS 701B.240;
κ2025 Statutes of Nevada, Page 871 (CHAPTER 153, AB 506)κ
(2) The Renewable Energy School Pilot Program created by NRS 701B.350;
(3) The Wind Energy Systems Demonstration Program created by NRS 701B.580;
(4) The Waterpower Energy Systems Demonstration Program created by NRS 701B.820; or
(5) An energy efficiency or energy conservation program offered by a public utility, as defined in NRS 704.020, pursuant to a plan approved by the Public Utilities Commission of Nevada pursuant to NRS 704.741.
4. As soon as practicable after an entity described in subsections 1, 2 and 3 selects a project, the entity shall proceed to enter into a contract with one or more contractors to perform the work on the project. The request for proposals and all contracts for each project must include, without limitation:
(a) Provisions stipulating that all employees of the contractors and subcontractors who work on the project must be paid prevailing wages pursuant to the requirements of chapter 338 of NRS;
(b) Provisions requiring that each contractor and subcontractor employed on each such project:
(1) Employ a number of persons trained as described in paragraph (b) of subsection 3 of NRS 701B.921 that is equal to or greater than 50 percent of the total workforce the contractor or subcontractor employs on the project; or
(2) If the Director of the Department determines in writing, pursuant to a request submitted by the contractor or subcontractor, that the contractor or subcontractor cannot reasonably comply with the provisions of subparagraph (1) because there are not available a sufficient number of such trained persons, employ a number of persons trained as described in paragraph (b) of subsection 3 of NRS 701B.921 or trained through any apprenticeship program that is registered and approved by the State Apprenticeship Council pursuant to chapter 610 of NRS that is equal to or greater than 50 percent of the total workforce the contractor or subcontractor employs on the project;
(c) A component pursuant to which persons trained as described in paragraph (b) of subsection 3 of NRS 701B.921 must be classified and paid prevailing wages depending upon the classification of the skill in which they are trained; and
(d) A component that requires each contractor or subcontractor to offer to employees working on the project, and to their dependents, health care in the same manner as a policy of insurance pursuant to chapters 689A and 689B of NRS or the Employee Retirement Income Security Act of 1974.
[5. The State Public Works Board, each of the school districts and the Board of Regents of the University of Nevada shall each provide a report to the Interim Finance Committee which describes the projects selected pursuant to this section and a report of the dates on which those projects are scheduled to be completed.]
Sec. 19. NRS 703.025 is hereby amended to read as follows:
703.025 1. The Commission, by majority vote, shall organize the Commission into sections, alter the organization of the Commission and reassign responsibilities and duties of the sections of the Commission as the Commission deems necessary to provide:
(a) Advice and guidance to the Commission on economic policies relating to utilities under the jurisdiction of the Commission, and the regulation of such utilities;
κ2025 Statutes of Nevada, Page 872 (CHAPTER 153, AB 506)κ
(b) Administrative, technical, legal and support services to the Commission; and
(c) For the regulation of utilities governed by the Commission and the services offered by such utilities, including, but not limited to, licensing of such utilities and services and the resolution of consumer complaints.
2. The Commission shall:
(a) Formulate the policies of the various sections of the Commission;
(b) Coordinate the activities of the various sections of the Commission;
(c) If customers are authorized by a specific statute to obtain a competitive, discretionary or potentially competitive utility service, take any actions which are consistent with the statute and which are necessary to encourage and enhance:
(1) A competitive market for the provision of that utility service to customers in this State; and
(2) The reliability and safety of the provision of that utility service within that competitive market; and
(d) Adopt such regulations consistent with law as the Commission deems necessary for the operation of the Commission and the enforcement of all laws administered by the Commission.
3. Before reorganizing the Commission, the Commission shall submit the plan for reorganization to:
(a) The Director of the Legislative Counsel Bureau for transmittal to the appropriate legislative committee ; [and the Interim Finance Committee;] and
(b) The Director of the Office of Finance.
Sec. 20. Section 13.3 of the Clark County Sales and Use Tax Act of 2005, being chapter 249, Statutes of Nevada 2005, as added by chapter 1, Statutes of Nevada 2013, 27th Special Session, and amended by chapter 623, Statutes of Nevada 2019, at page 4192, is hereby amended to read as follows:
Sec. 13.3. 1. The provisions of paragraph (b) of subsection 1 and subsections 3 to 8, inclusive, of section 13 of this act do not apply to any expenditure of proceeds from any sales and use tax imposed pursuant to this act on or after July 1, 2013, but before July 1, 2016.
2. In addition to the requirements of section 13.5 of this act , [:
(a) The] the periodic reports required by that section must include, with respect to the period covered by the report, a separate detailed description of the expenditure of any proceeds from the sales and use tax imposed pursuant to this act as a result of the provisions of subsection 1 . [; and
(b) A governing body that is required to submit a report pursuant to section 13.5 of this act shall submit a copy of the separate detailed description required by paragraph (a) for the period covered by the report to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee on or before the date by which the governing body is required to submit the report for that period to the Department pursuant to section 13.5 of this act.]
Sec. 21. NRS 391.155 is hereby repealed.
Sec. 22. This act becomes effective on July 1, 2025.
________
κ2025 Statutes of Nevada, Page 873κ
Assembly Bill No. 507Committee on Ways and Means
CHAPTER 154
[Approved: May 30, 2025]
AN ACT relating to state financial administration; revising provisions relating to the procedure for the revision of the budget of the Executive Department of the State Government; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The State Budget Act sets forth the process for the preparation and submission of the proposed biennial budget for the Executive Department of the State Government. (NRS 353.150-353.246) Under the State Budget Act, the head of any department, institution or agency of the Executive Department, with certain exceptions, is authorized, as a result of changed conditions, to request a revision to a work program within its budget. Such a revision is required to be approved or disapproved by the Governor or the Chief of the Budget Division of the Office of Finance in the Office of the Governor. In addition, the department, institution or agency is required under the State Budget Act to obtain approval from the Interim Finance Committee, except in certain limited circumstances, before revising a work program in an amount more than $75,000 if the cumulative impact of the revision will increase or decrease by 20 percent or $350,000, whichever is less, the expenditure level approved by the Legislature for any of the allotments within the work program. (NRS 353.220) This bill: (1) clarifies that the $75,000 threshold applies to any proposed revision to one or more of the categories of expense within the work program; and (2) prohibits the dividing of a proposed revision of a work program into separate requests to avoid the requirement of approval by the Interim Finance Committee. Therefore, with certain exceptions, for a request for the revision of a work program to require approval by the Interim Finance Committee, the request must: (1) propose a revision in one or more of the categories of expense within the work program in a total amount of more than $75,000, regardless of any other revisions of the work program during the fiscal year; and (2) cumulatively, based on other revisions of the work program during the fiscal year, increase or decrease by 20 percent or $350,000, whichever is less, the expenditure level approved by the Legislature for any of the categories of expense within the work program.
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 353.220 is hereby amended to read as follows:
353.220 1. The head of any department, institution or agency of the Executive Department of the State Government, whenever he or she deems it necessary because of changed conditions, may request the revision of the work program of his or her department, institution or agency at any time during the fiscal year, and submit the proposed revised work program to the Governor through the Chief with a request for revision of the [allotments] work program for the remainder of that fiscal year.
2. Every request for revision must be submitted to the Chief on the form and with supporting information as the Chief prescribes.
3. Before encumbering any appropriated or authorized money, every request for revision must be approved or disapproved in writing by the Governor or the Chief, if the Governor has by written instrument delegated this authority to the Chief.
κ2025 Statutes of Nevada, Page 874 (CHAPTER 154, AB 507)κ
4. Except as otherwise provided in subsection 8, whenever a request for the revision of a work program of a department, institution or agency :
(a) Proposes a revision in one or more of the categories of expense within the work program in [an] a total amount of more than $75,000 [would,] ; and
(b) Would, when considered with all other changes in [allotments for] that work program made pursuant to subsections 1, 2 and 3 and NRS 353.215, increase or decrease by 20 percent or $350,000, whichever is less, the expenditure level approved by the Legislature for any of the [allotments] categories of expense within the work program,
Κ the request must be approved as provided in subsection 5 before any appropriated or authorized money may be encumbered for the revision. A proposed revision of a work program must not be divided into separate requests to avoid the requirements of this subsection.
5. If a request for the revision of a work program requires additional approval as provided in subsection 4 and:
(a) Is necessary because of an emergency as defined in NRS 353.263 or for the protection of life or property, the Governor shall take reasonable and proper action to approve it and shall report the action, and his or her reasons for determining that immediate action was necessary, to the Interim Finance Committee at its first meeting after the action is taken. Action by the Governor pursuant to this paragraph constitutes approval of the revision, and other provisions of this chapter requiring approval before encumbering money for the revision do not apply.
(b) The Governor determines that the revision is necessary and requires expeditious action, he or she may certify that the request requires expeditious action by the Interim Finance Committee. Whenever the Governor so certifies, the Interim Finance Committee has 15 days after the request is submitted to its Secretary within which to consider the revision. Any request for revision which is not considered within the 15-day period shall be deemed approved.
(c) Does not qualify pursuant to paragraph (a) or (b), it must be submitted to the Interim Finance Committee. Except as otherwise provided in NRS 353.3375, the Interim Finance Committee has 45 days after the request is submitted to its Secretary within which to consider the revision. Any request which is not considered within the 45-day period shall be deemed approved.
6. The Secretary shall place each request submitted pursuant to paragraph (b) or (c) of subsection 5 on the agenda of the next meeting of the Interim Finance Committee.
7. In acting upon a proposed revision of a work program, the Interim Finance Committee shall consider, among other things:
(a) The need for the proposed revision; and
(b) The intent of the Legislature in approving the budget for the present biennium and originally enacting the statutes which the work program is designed to effectuate.
8. The provisions of subsection 4 do not apply to any request for the revision of a work program which is required:
(a) As a result of the acceptance of a gift or grant of property or services pursuant to subsection 5 of NRS 353.335; or
κ2025 Statutes of Nevada, Page 875 (CHAPTER 154, AB 507)κ
(b) To carry forward to a fiscal year, without a change in purpose, the unexpended balance of any money authorized for expenditure in the immediately preceding fiscal year.
Sec. 2. This act becomes effective on July 1, 2025.
________
Assembly Bill No. 509Committee on Commerce and Labor
CHAPTER 155
[Approved: May 30, 2025]
AN ACT relating to utilities; requiring broadband providers to enter into agreements with local governments to access the public right-of-way managed by the local government; requiring such agreements to be performed in a nondiscriminatory matter; establishing certain compensation requirements under agreements between broadband providers and local governments; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a board of county commissioners to grant certain public utilities the franchise, right and privilege to construct, install, operate and maintain lines, mains and other utility equipment in any unincorporated town in the county and along the public roads and highways of the county. (NRS 709.050) Existing law also authorizes a local government to: (1) manage the use of any public right-of-way or highway by video service providers; and (2) require a video service provider to pay a franchise fee for the privilege of providing video service through a network that occupies or uses any public right-of-way or highway within the jurisdiction of the local government. (NRS 711.640, 711.670) Section 17.5 of this bill provides that a broadband provider may not access the public right-of-way of a local government responsible for the management of the public right-of-way on or after July 1, 2026, unless the broadband provider has entered into an agreement with the local government with respect to access to the right-of-way. Section 17.5 requires a local government to execute and perform agreements with broadband providers in a nondiscriminatory manner. Section 17.5 requires an agreement between a broadband provider and local government to provide for compensation to be paid to the local government, which must not exceed 2 percent of the annual gross revenue derived by the broadband provider from providing broadband service, broadband infrastructure access or both broadband service and broadband infrastructure access within the jurisdiction of the local government that manages the right-of-way. Section 19.5 of this bill prohibits a local government from suspending or revoking a broadband providers access to the public right-of-way managed by the local government on the basis that the broadband provider has not entered into an agreement with the local government pursuant to section 17.5, unless such suspension or revocation occurs after July 1, 2026.
Section 17.5 excludes from the definition of broadband provider certain persons who are: (1) authorized to act as a video service provider or to construct and operate a video service network; (2) providers of basic network service; and (3) providers of commercial mobile radio service. Section 18 of this bill excludes any fee imposed by a local government pursuant to an agreement with a broadband provider in accordance with section 17.5 from certain prohibitions on the ability of the local government to adopt or increase certain other fees for business licenses.
κ2025 Statutes of Nevada, Page 876 (CHAPTER 155, AB 509)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-17. (Deleted by amendment.)
Sec. 17.5. Chapter 709 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A broadband provider engaged in the business of providing, for compensation, broadband service or broadband infrastructure access may not access the public right-of-way managed by a local government unless the broadband provider has entered into an agreement with the local government responsible for managing the right-of-way pursuant to this section.
2. A local government shall execute and perform agreements with broadband providers pursuant to subsection 1 in a nondiscriminatory manner.
3. An agreement entered into pursuant to subsection 1 must provide for compensation to be paid by the broadband provider to the local government that manages the public right-of-way to which the broadband provider is seeking access. Such compensation:
(a) Must not exceed 2 percent of the annual gross revenue derived from providing broadband service, broadband infrastructure access or both broadband service and broadband infrastructure access within the jurisdiction of the local government that manages the right-of-way; and
(b) May take the form of a franchise fee, license fee or such other compensation as the local government may require.
4. The requirements of subsection 1 apply to any broadband provider attempting to access the public right-of-way maintained by a local government, regardless of whether the broadband provider has been issued a certificate of public convenience and necessity by the Public Utilities Commission of Nevada pursuant to chapter 704 of NRS.
5. The provisions of this section shall not be construed as prohibiting any person or entity from providing an interstate or intrastate telecommunications service for the purposes of 47 U.S.C. § 253.
6. As used in this section:
(a) Broadband infrastructure access means the provision of open access network or other wholesale signal transmission service for the provision of broadband service.
(b) Broadband provider means any person that:
(1) Provides or offers to provide broadband service, broadband infrastructure access or both broadband service and broadband infrastructure access;
(2) Does not hold a certificate of authority to act as a video service provider or to construct or operate a video service network pursuant to chapter 711 of NRS;
(3) Is not a provider of basic network service, as that term is defined in NRS 704.006; and
(4) Is not licensed by the Public Utilities Commission of Nevada as a provider of commercial mobile radio service pursuant to NRS 704.033.
(c) Broadband service means a service that, by wire, radio or any other technology, provides a person with the capability to transmit data to and receive data from all or substantially all Internet endpoints at a rate that is generally not less than 20 megabits per second in at least one direction.
κ2025 Statutes of Nevada, Page 877 (CHAPTER 155, AB 509)κ
and receive data from all or substantially all Internet endpoints at a rate that is generally not less than 20 megabits per second in at least one direction.
(d) Local government means any city or county and includes, without limitation:
(1) Any entity or agency that is directly or indirectly controlled by any city or county; and
(2) Any entity or agency that is created by joint action or any interlocal or cooperative agreement of two or more cities or counties, or any combination thereof.
Sec. 18. NRS 354.5989 is hereby amended to read as follows:
354.5989 1. A local government shall not increase any fee for a business license or adopt a fee for a business license issued for revenue or regulation, or both, except as permitted by this section. This prohibition does not apply to fees:
(a) Imposed by hospitals, county airports, airport authorities, convention authorities, the Las Vegas Valley Water District or the Clark County Sanitation District;
(b) Imposed on public utilities for the privilege of doing business pursuant to a franchise;
(c) Imposed on broadband providers in accordance with an agreement entered into pursuant to section 17.5 of this act;
(d) Imposed in compliance with the provisions of NRS 711.670 on video service providers for the privilege of doing business pursuant to chapter 711 of NRS;
[(d)] (e) For business licenses which are calculated as a fraction or percentage of the gross revenue of the business;
[(e)] (f) Imposed pursuant to NRS 244.348, 268.0973, 268.821 or 269.182; or
[(f)] (g) Regulated pursuant to NRS 354.59881 to 354.59889, inclusive.
2. The amount of revenue the local government derives or is allowed to derive, whichever is greater, from all fees for business licenses except:
(a) The fees excluded by subsection 1, for the fiscal year ended on June 30, 1991; and
(b) The fees collected for a particular type of business during the immediately preceding fiscal year ending on June 30 that a local government will not collect in the next subsequent fiscal year,
Κ is the base from which the maximum allowable revenue from such fees must be calculated for the next subsequent fiscal year. To the base must be added the sum of the amounts respectively equal to the product of the base multiplied by the percentage increase in the population of the local government added to the percentage increase in the Consumer Price Index for the year ending on December 31 next preceding the year for which the limit is being calculated. The amount so determined becomes the base for computing the allowed increase for each subsequent year.
3. A local government may not increase any fee for a business license which is calculated as a fraction or percentage of the gross revenue of the business if its total revenues from such fees have increased during the preceding fiscal year by more than the increase in the Consumer Price Index during that preceding calendar year. The provisions of this subsection do not apply to a fee:
κ2025 Statutes of Nevada, Page 878 (CHAPTER 155, AB 509)κ
(a) Imposed in compliance with the provisions of NRS 711.670 on video service providers for the privilege of doing business pursuant to chapter 711 of NRS;
(b) Imposed pursuant to NRS 244.348, 268.0973, 268.821 or 269.182; or
(c) Regulated pursuant to NRS 354.59881 to 354.59889, inclusive.
4. A local government may submit an application to increase its revenue from fees for business licenses beyond the amount allowable pursuant to this section to the Nevada Tax Commission, which may grant the application only if it finds that the rate of a business license of the local government is substantially below that of other local governments in the State.
5. The provisions of this section apply to a business license regardless of the fund to which the revenue from it is assigned. An ordinance or resolution enacted by a local government in violation of the provisions of this section is void.
6. As used in this section, fee for a business license does not include a tax imposed on the revenues from the rental of transient lodging.
Sec. 19. (Deleted by amendment.)
Sec. 19.5. 1. Upon passage and approval of this act, a local government may negotiate and enter into agreements with broadband providers pursuant to section 17.5 of this act.
2. A local government shall not, before July 1, 2026, suspend, revoke or deny the access of a broadband provider to the public right-of-way managed by the local government on the basis that the broadband provider has not executed an agreement with the local government pursuant to section 17.5 of this act.
3. As used in this section:
(a) Broadband provider has the meaning ascribed to it in section 17.5 of this act.
(b) Local government has the meaning ascribed to it in section 17.5 of this act.
Sec. 20. 1. This section and section 19.5 of this act become effective upon passage and approval.
2. Sections 1 to 19, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On July 1, 2026, for all other purposes.
________
κ2025 Statutes of Nevada, Page 879κ
Assembly Bill No. 513Committee on Commerce and Labor
CHAPTER 156
[Approved: May 30, 2025]
AN ACT relating to chiropractic; enacting provisions relating to temporary certificates for chiropractic assistants; revising provisions relating to unprofessional conduct in the practice of chiropractic; revising the membership of the Chiropractic Physicians Board of Nevada; revising certain qualifications required to apply for a license as a chiropractic physician or a certificate as a chiropractic assistant; revising certain fees the Board may charge and collect; revising certain requirements for student participation in a preceptor program; revising certain requirements for certain cease and desist orders of the Board; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law regulates the practice of chiropractic in this State and provides for the licensure of chiropractic physicians and the certification of chiropractic assistants. (Chapter 634 of NRS) Section 1 of this bill authorizes the Chiropractic Physicians Board of Nevada, under certain circumstances, to issue a temporary certificate to practice as a chiropractic assistant to a person who holds an existing license, certificate or registration in good standing in another jurisdiction where the person resides. Section 1 provides that such a temporary certificate is: (1) valid for 15 business days or less; (2) valid only under the supervision and control of a chiropractic physician; and (3) not renewable, and the Board may grant not more than two temporary certificates to a person during any calendar year. Section 1 authorizes the Board to charge a reasonable fee, established by regulation of the Board, for each application for a temporary certificate.
Existing law provides grounds for initiating disciplinary action against practitioners of chiropractic. (NRS 634.018, 634.140) Section 2 of this bill makes employing a person as a temporary chiropractic assistant if the person has not been issued a temporary certificate pursuant to section 1 grounds for disciplinary action.
Existing law creates the Board, consisting of seven members, and requires the Governor to appoint members with certain qualifications. (NRS 634.020) Section 3 of this bill revises the membership of the Board by: (1) removing a requirement for the Governor to appoint one member who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care; and (2) increasing from four to five the number of chiropractic physicians the Governor is required to appoint.
Existing law requires: (1) the Board to hold certain examinations prescribed by the Board at least semiannually; and (2) examinations prescribed by the Board to include certain subjects. Existing law also authorizes the Board to: (1) determine the form of such examinations; and (2) include additional subjects on such examinations. (NRS 634.070) Section 4 of this bill removes the requirements that such examinations be held semiannually and contain certain subjects, and instead authorizes the Board to: (1) hold examinations semiannually or at other intervals prescribed by the Board; and (2) determine the content of such examinations. Section 5 of this bill requires an applicant for examination to submit to the Board a statement which attests that the applicant has read, understood and will abide by the provisions of existing law and regulations governing chiropractic physicians and providers of health care. Sections 7 and 10 of this bill remove provisions establishing the minimum score to pass the required examination. Section 7 additionally removes certain provisions governing applicants who fail to pass the examination.
κ2025 Statutes of Nevada, Page 880 (CHAPTER 156, AB 513)κ
Sections 3, 5, 6 and 12 of this bill revise the educational requirements for licensure as a chiropractic physician and for being appointed to the Board to specify that the required education may be obtained through certain doctor of chiropractic degree programs.
Existing law authorizes the Board to specify the formal training which an applicant for a certificate as a chiropractic assistant must complete, which must include at least 12 months of study or the equivalent. (NRS 634.123) Section 8 of this bill removes the requirement to include at least 12 months of training or the equivalent.
Section 11 of this bill eliminates the authority of the Board to charge a fee for providing to a person who is not licensed to practice chiropractic: (1) a list of persons who were licensed to practice chiropractic following the most recent examination of the Board; (2) a copy of the statutes, regulations and other rules governing the practice of chiropractic in this State; and (3) a list of continuing education courses approved by the Board. Section 11 also expands the applicability of an existing fee for a review by the Board of certain courses offered for continuing education to include a review of a course offered to satisfy the requirements for the qualifications to perform dry needling.
Section 12 revises certain requirements for a student to participate in a preceptor program. Section 13 of this bill revises certain contact information which is required to be included in certain cease and desist orders issued by the Board.
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 634 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 6, upon submission of the application and materials required by this section and payment of the required fee, the Board may issue a temporary certificate to practice as a chiropractic assistant in this State to a person who holds a corresponding license, certificate or registration which is in good standing to perform the functions of a chiropractic assistant in the District of Columbia or any other state or territory of the United States in which the person resides.
2. An applicant for a temporary certificate to practice as a chiropractic assistant must:
(a) Hold a license, certificate or registration which is in good standing to perform the functions of a chiropractic assistant in the District of Columbia or any other state or territory of the United States in which the applicant is a resident;
(b) Submit to the Board:
(1) An application on a form prescribed by the Board;
(2) An attestation on a form prescribed by the Board that the applicant has read, understood and will abide by the provisions of this chapter and the regulations adopted thereto;
(3) An attestation on a form prescribed by the Board that the applicant understands he or she is not authorized to take and develop radiographs unless he or she is certified or licensed in this State to do so; and
κ2025 Statutes of Nevada, Page 881 (CHAPTER 156, AB 513)κ
(4) The attestation required by subsection 3; and
(c) Pay a reasonable application fee established by regulation of the Board.
3. A chiropractic physician who intends to use the services of a chiropractic assistant who will practice under a temporary certificate must attest on a form provided by the Board that:
(a) The chiropractic physician has a need for the assistance of a chiropractic assistant on a temporary basis;
(b) The person who will perform the functions of a chiropractic assistant on a temporary basis, if approved by the Board, will work under the supervision and control of the chiropractic physician, either as an employee or as an independent contractor;
(c) The chiropractic physician will be responsible for the acts of the person performed in his or her capacity as a chiropractic assistant; and
(d) The person will only perform the functions of a chiropractic assistant for the period specified by the chiropractic physician, which must be 15 business days or less.
4. An applicant for a temporary certificate as a chiropractic assistant shall not commence performing the functions of a chiropractic assistant until his or her application is approved and the applicant is issued the certificate.
5. A temporary certificate to practice as a chiropractic assistant is:
(a) Valid for the period designated on the certificate, which must be 15 business days or less;
(b) Valid only under the supervision and control of the chiropractic physician described in subsection 3; and
(c) Not renewable.
6. The Board may not grant more than two temporary certificates to practice as a chiropractic assistant to a person during any calendar year.
Sec. 2. NRS 634.018 is hereby amended to read as follows:
634.018 Unprofessional conduct means:
1. Obtaining a certificate upon fraudulent credentials or gross misrepresentation.
2. Procuring, or aiding or abetting in procuring, criminal abortion.
3. Assuring that a manifestly incurable disease can be permanently cured.
4. Advertising, by any form of public communication, a chiropractic practice:
(a) Using grossly improbable statements; or
(b) In any manner that will tend to deceive, defraud or mislead the public.
Κ As used in this subsection, public communication includes, but is not limited to, communications by means of television, radio, motion pictures, Internet websites, electronic mail, social media accounts and newspapers, books, periodicals, handbills, letterhead and other printed matter.
5. Willful disobedience of the law, or of the regulations of the State Board of Health or of the Chiropractic Physicians Board of Nevada.
6. Conviction of any offense involving moral turpitude, or the conviction of a felony. The record of the conviction is conclusive evidence of unprofessional conduct.
κ2025 Statutes of Nevada, Page 882 (CHAPTER 156, AB 513)κ
7. Administering, dispensing or prescribing any controlled substance.
8. Conviction or violation of any federal or state law regulating the possession, distribution or use of any controlled substance. The record of conviction is conclusive evidence of unprofessional conduct.
9. Habitual intemperance or excessive use of alcohol or alcoholic beverages , cannabis or any controlled substance.
10. Conduct unbecoming a person licensed to practice chiropractic or detrimental to the best interests of the public.
11. Violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter or the regulations adopted by the Board, or any other statute or regulation pertaining to the practice of chiropractic.
12. Employing, directly or indirectly, any suspended or unlicensed practitioner in the practice of any system or mode of treating the sick or afflicted, or the aiding or abetting of any unlicensed person to practice chiropractic under this chapter.
13. Malpractice, which may be evidenced by claims of malpractice settled against a practitioner.
14. Solicitation by the licensee or the licensees designated agent of any person who, at the time of the solicitation, is vulnerable to undue influence, including, without limitation, any person known by the licensee to have recently been involved in a motor vehicle crash, involved in a work-related accident, or injured by, or as the result of the actions of, another person. As used in this subsection:
(a) Designated agent means a person who renders service to a licensee on a contract basis and is not an employee of the licensee.
(b) Solicitation means the attempt to acquire a new patient through information obtained from a law enforcement agency, medical facility or the report of any other party, which information indicates that the potential new patient may be vulnerable to undue influence, as described in this subsection.
15. Employing, directly or indirectly, any person as a chiropractic assistant unless the person [has] :
(a) Has been issued a certificate by the Board pursuant to NRS 634.123, or has applied for such a certificate and is awaiting the determination of the Board concerning the application [.] ; or
(b) Has been issued a temporary certificate by the Board pursuant to section 1 of this act.
16. Aiding, abetting, commanding, counseling, encouraging, inducing or soliciting an insurer or other third-party payor to reduce or deny payment or reimbursement for the care or treatment of a patient, unless such action is supported by:
(a) The medical records of the patient; or
(b) An examination of the patient by the chiropractic physician taking such action.
17. Violating a lawful order of the Board, a lawful agreement with the Board, or any of the provisions of this chapter or any regulation adopted pursuant thereto.
κ2025 Statutes of Nevada, Page 883 (CHAPTER 156, AB 513)κ
18. Practicing below the standard of care required from a chiropractic physician or chiropractic assistant under the circumstances.
Sec. 3. NRS 634.020 is hereby amended to read as follows:
634.020 1. The Chiropractic Physicians Board of Nevada, consisting of seven members appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) [Four] Five members who are:
(1) Graduates of chiropractic schools or colleges or of doctor of chiropractic degree programs giving a course of study embracing the following subjects: Anatomy, bacteriology, chiropractic theory and practice, diagnosis or analysis, elementary chemistry and toxicology, histology, hygiene and sanitation, obstetrics and gynecology, pathology, physiology and symptomatology;
(2) Licensed under this chapter; and
(3) Actually engaged in the practice of chiropractic in this State and who have been so engaged in this State for at least 3 years preceding their appointment.
(b) [One member who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member may be licensed under the provisions of this chapter.
(c)] Two members who are representatives of the general public. A member appointed pursuant to this paragraph must not be:
(1) A chiropractic physician or a chiropractic assistant; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a chiropractic physician or a chiropractic assistant.
3. At least two of the appointees must have had a course in physiotherapy in a school or college of chiropractic [.] or in a doctor of chiropractic degree program.
Sec. 4. NRS 634.070 is hereby amended to read as follows:
634.070 1. All applicants for licenses to practice chiropractic in Nevada must pass all examinations prescribed by the Board. Examinations [must] may be held [at least] semiannually [.] or at other intervals prescribed by the Board.
2. The examinations may be written, oral, practical, demonstrative, or any combination thereof, as the Board determines to be sufficient, and [must] may include [, without limitation,] the following subjects:
(a) [Chapter] Chapters 629 and 634 of NRS and regulations of the Board;
(b) The technique for taking X-rays, including the positioning of the body, and interpretation of X-rays;
(c) Chiropractic technique; and
(d) Clinical competency and case management.
3. If a member of the Board is not licensed under the provisions of this chapter, the member shall not participate in preparing any examination required by the Board.
Sec. 5. NRS 634.080 is hereby amended to read as follows:
634.080 1. An applicant for examination must file an application with the Secretary of the Board on a form to be furnished by the Executive Director of the Board. An applicant may take the examination any time after the Executive Director determines that his or her application is complete.
κ2025 Statutes of Nevada, Page 884 (CHAPTER 156, AB 513)κ
2. An application must be verified and must state:
(a) When and where the applicant was born, the various places of the applicants residence during the 5 years immediately preceding the making of the application and the address to which he or she wishes the Board to mail the license.
(b) The name, age and sex of the applicant.
(c) The names and post office addresses of all persons by whom the applicant has been employed for a period of 5 years immediately preceding the making of the application.
(d) Whether or not the applicant has ever applied for a license to practice chiropractic in any other state and, if so, when and where and the results of the application.
(e) Whether or not the applicant has ever been admitted to the practice of chiropractic in any other state and, if so, whether any discharge, dismissal, disciplinary or other similar proceedings have ever been instituted against the applicant. Such an applicant must also attach a certificate from the chiropractic board of each state in which the applicant was licensed, certifying that the applicant is a member in good standing of the chiropractic profession in that state, and that no proceedings affecting the applicants standing as a chiropractic physician are undisposed of and pending.
(f) The applicants general and chiropractic education, including the schools attended and the time of attendance at each school, and whether the applicant is a graduate of any school or schools.
(g) The names of:
(1) Two persons who have known the applicant for at least 3 years; and
(2) A person who is a chiropractic physician licensed pursuant to the provisions of this chapter or a professor at a school of chiropractic.
(h) All other information required to complete the application.
3. An application must include [a] :
(a) A copy of the applicants official transcript from the school or college of chiropractic or the doctor of chiropractic degree program from which the applicant received his or her degree of doctor of chiropractic, which must be transmitted by the school or college of chiropractic or the doctor of chiropractic degree program directly to the Board.
(b) A statement from the applicant which attests, on a form prescribed by the Board, that the applicant has read, understood and will abide by the provisions of this chapter and chapter 629 of NRS and the regulations adopted pursuant thereto.
Sec. 6. NRS 634.090 is hereby amended to read as follows:
634.090 1. An applicant must, in addition to the requirements of NRS 634.070 and 634.080, furnish satisfactory evidence to the Board:
(a) That the applicant is of good moral character;
(b) Except as otherwise provided in subsections 3 and 6, that the applicant [has a high school education and] is a graduate from a college of chiropractic or a doctor of chiropractic degree program which is accredited by the Council on Chiropractic Education, or its successor organization, or an accrediting agency recognized by that organization; and
κ2025 Statutes of Nevada, Page 885 (CHAPTER 156, AB 513)κ
(c) Except as otherwise provided in subsection 2, that the applicant has successfully completed:
(1) Parts I, II, III and IV, and the portion relating to physiotherapy, of the examination administered by the National Board of Chiropractic Examiners, or its successor organization; or
(2) An examination that is required to graduate from a college of chiropractic or a doctor of chiropractic degree program which is accredited by the Council on Chiropractic Education, or its successor organization, or an accrediting agency recognized by that organization. Such an examination must be:
(I) Administered by such a college [;] or degree program; and
(II) Approved by the Board.
2. If an applicant has actively engaged in the practice of chiropractic in another state, the District of Columbia, the Commonwealth of Puerto Rico or any other territory or possession of the United States for not less than 7 of the immediately preceding 10 years without any adverse disciplinary action taken against him or her, the applicant is only required to have successfully completed those parts of the examination administered by the National Board of Chiropractic Examiners, or its successor organization, at the time that the applicant graduated from a college of chiropractic [.] or a doctor of chiropractic degree program.
3. The Board may, for good cause shown, waive the requirement for a particular applicant that the college of chiropractic or doctor of chiropractic degree program from which the applicant graduated must be accredited by the Council on Chiropractic Education, or its successor organization, or an accrediting agency recognized by that organization.
4. Except as otherwise provided in subsections 5 and 6, every applicant is required to submit evidence of the successful completion of not less than 60 credit hours at an accredited college or university.
5. Any applicant who has been licensed to practice in another state, and has been in practice for not less than 5 years, is not required to comply with the provisions of subsection 4.
6. If an applicant has received his or her training and education at a school or college located in a foreign country and the course of study leading to his or her degree of doctor of chiropractic consisted of not less than 4,000 hours of instruction, the Board may, if the Board determines that such training and education is substantially equivalent to graduation from a college of chiropractic or doctor of chiropractic degree program that is accredited by the Council on Chiropractic Education, or its successor organization, waive the requirement that an applicant attend or graduate from a college or degree program that is accredited by the Council on Chiropractic Education, or its successor organization, or an accrediting agency recognized by that organization.
Sec. 7. NRS 634.100 is hereby amended to read as follows:
634.100 1. An applicant for a license to practice chiropractic in this State must pay the required fee to the Secretary of the Board before the date of the examination.
κ2025 Statutes of Nevada, Page 886 (CHAPTER 156, AB 513)κ
2. [Except as otherwise provided in NRS 622.090:
(a) For a written, closed-book examination which is administered in person by the Board, a score of 75 percent or higher in all subjects taken on the examination is a passing score.
(b) For a written, open-book examination which is administered in person by the Board or an examination that is taken online, a score of 90 percent or higher in all subjects taken on the examination is a passing score.
3. If an applicant fails to pass the first examination, the applicant may take a second examination within 1 year without payment of any additional fees. Except as otherwise provided in NRS 622.090, credit must be given on this examination for all subjects previously passed.
4.] An applicant for a certificate as a chiropractic assistant must pay the required fee to the Secretary of the Board before the application may be considered.
Sec. 8. NRS 634.123 is hereby amended to read as follows:
634.123 1. The Board may issue a certificate to a properly qualified applicant to perform ancillary services relating to chiropractic, other than chiropractic adjustment, under the supervision of a chiropractic physician. The Board shall specify the formal training [, including at least 12 months of study or the equivalent,] which such an applicant must have completed before the Board awards the applicant a certificate as a chiropractic assistant.
2. An application for the issuance of a certificate as a chiropractic assistant must include all information required to complete the application.
Sec. 9. (Deleted by amendment.)
Sec. 10. NRS 634.131 is hereby amended to read as follows:
634.131 1. If a license expires pursuant to the provisions of subsection 12 of NRS 634.130 and the license was not reinstated pursuant to the provisions of that subsection, the person who held the license may apply to the Board to have the license reinstated to active status.
2. An applicant to have an expired license reinstated to active status pursuant to subsection 1 must:
(a) [Either:
(1)] Submit satisfactory evidence to the Board:
[(I)] (1) That the applicant has maintained an active practice in another state, territory or country within the preceding 5 years;
[(II)] (2) From all other licensing agencies which have issued the applicant a license that he or she is in good standing and has no legal actions pending against him or her; and
[(III)] (3) That the applicant has participated in a program of continuing education in accordance with NRS 634.130 for the year in which he or she seeks to be reinstated to active status; [or
(2) Score:
(I) For]
(b) Submit a [written, closed-book examination which is administered in person] statement from the applicant which attests, on a form prescribed by the Board, [75 percent or higher in all subjects on] that the [examination concerning] applicant has read, understood and will abide by the provisions of this chapter and chapter 629 of NRS and the regulations adopted [by the Board; or
κ2025 Statutes of Nevada, Page 887 (CHAPTER 156, AB 513)κ
(II) For a written, open-book examination which is administered in person by the Board or an examination that is taken online, 90 percent or higher in all subjects on the examination concerning the provisions of this chapter and the regulations adopted by the Board;] pursuant thereto;
[(b)] (c) Pay:
(1) The fee for the biennial renewal of a license to practice chiropractic;
(2) The fee for reinstating a license to practice chiropractic which has expired; and
(3) The fee for the processing of fingerprints established pursuant to subsection 4; and
[(c)] (d) Submit a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
3. If any of the requirements set forth in subsection 2 are not met by an applicant for the reinstatement of an expired license to active status, the Board, before reinstating the license of the applicant to active status:
(a) Must hold a hearing to determine the professional competency and fitness of the applicant; and
(b) May require the applicant to:
(1) Pass the Special Purposes Examination for Chiropractic prepared by the National Board of Chiropractic Examiners; and
(2) Satisfy any additional requirements that the Board deems to be necessary.
4. The Board shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.
Sec. 11. NRS 634.135 is hereby amended to read as follows:
634.135 1. The Board may charge and collect fees not to exceed:
For an application for a license to practice chiropractic............ $200.00
For an examination for a license to practice chiropractic............ 200.00
For an application for, and the issuance of, a certificate as a chiropractic assistant 100.00
For an examination for a certificate as a chiropractic assistant.. 100.00
For the issuance of a license to practice chiropractic................... 300.00
For the biennial renewal of a license to practice chiropractic. 1,000.00
For the biennial renewal of an inactive license to practice chiropractic 300.00
For the biennial renewal of a certificate as a chiropractic assistant 200.00
For the restoration to active status of an inactive license to practice chiropractic 300.00
κ2025 Statutes of Nevada, Page 888 (CHAPTER 156, AB 513)κ
For reinstating a license to practice chiropractic which has expired pursuant to NRS 634.130 or has been suspended.................................................................................... $500.00
For reinstating a certificate as a chiropractic assistant which has expired pursuant to NRS 634.130 or has been suspended............................................................................. 100.00
For a review of any subject on the examination.............................. 25.00
For the issuance of a duplicate license or for changing the name on a license 35.00
For written verification of licensure or issuance of a certificate of good standing 25.00
For providing a list of persons who are licensed to practice chiropractic to a person who is not licensed to practice chiropractic....................................................................... 25.00
[For providing a list of persons who were licensed to practice chiropractic following the most recent examination of the Board to a person who is not licensed to practice chiropractic 10.00]
For a set of mailing labels containing the names and addresses of the persons who are licensed to practice chiropractic in this State................................................................ 35.00
[For providing a copy of the statutes, regulations and other rules governing the practice of chiropractic in this State to a person who is not licensed to practice chiropractic 25.00
For each page of a list of continuing education courses that have been approved by the Board .50]
For an application to a preceptor program offered by the Board to graduates of chiropractic schools or colleges............................................................................................. 35.00
For an application for a student or chiropractic physician to participate in the preceptor program established by the Board pursuant to NRS 634.137...................................... 35.00
For a review by the Board of a course offered [by a chiropractic school or college or a course of] to satisfy the requirements for continuing education [in chiropractic] set forth in NRS 634.130 or a course offered to satisfy the qualifications to perform dry needling pursuant to the regulations adopted pursuant to NRS 634.035................................................................................... 50.00
2. In addition to the fees set forth in subsection 1, the Board may charge and collect reasonable and necessary fees for the expedited processing of a request or for any other incidental service it provides.
3. For a check or other method of payment made payable to the Board or tendered to the Board that is returned to the Board or otherwise dishonored upon presentation for payment, the Board shall assess and collect a fee in the amount established by the State Controller pursuant to NRS 353C.115.
κ2025 Statutes of Nevada, Page 889 (CHAPTER 156, AB 513)κ
Sec. 12. NRS 634.1375 is hereby amended to read as follows:
634.1375 1. A student who wishes to participate in the preceptor program established by the Board pursuant to NRS 634.137 must:
(a) File with the Board an application in the form required by the Board;
(b) Pay the fee for filing an application required by NRS 634.135;
(c) Be enrolled in his or her final academic year at a college of chiropractic or in a doctor of chiropractic degree program that meets the criteria established in paragraph (b) of subsection 1 of NRS 634.090;
(d) Have completed all clinical work required by the Board;
(e) Enter into a preceptor agreement with a chiropractic physician who is approved by the Board to act as a preceptor pursuant to NRS 634.1379; and
(f) Comply with any other requirements prescribed by the Board.
2. The Board may approve or deny an application for a student who wishes to participate in the preceptor program and shall provide notice to the student of its decision.
3. A student who is approved to participate in the preceptor program:
(a) May perform chiropractic, including, without limitation, chiropractic adjustment or manipulation, under the direct supervision of a chiropractic physician who is approved to act as a preceptor pursuant to NRS 634.1379.
(b) Shall not perform chiropractic as a participant in the preceptor program for more than 1 year.
Sec. 13. NRS 634.227 is hereby amended to read as follows:
634.227 1. A person who:
(a) Presents to the Board as his or her own the diploma, license , certificate or credentials of another;
(b) Gives false or forged evidence of any kind to the Board; or
(c) Practices chiropractic under a false or assumed name or falsely personates another licensee,
Κ is guilty of a misdemeanor.
2. Except as otherwise provided in NRS 634.105, 634.117 and 634.1375, a person who does not hold a license issued pursuant to this chapter and:
(a) Practices chiropractic in this State;
(b) Holds himself or herself out as a chiropractic physician;
(c) Uses any combination, variation or abbreviation of the terms chiropractor, chiropractic or chiropractic physician as a professional or commercial representation; or
(d) Uses any means which directly or indirectly conveys to another person the impression that he or she is qualified or licensed to practice chiropractic,
Κ is guilty of a category D felony and shall be punished as provided in NRS 193.130, unless a greater penalty is provided pursuant to NRS 200.830 or 200.840.
3. In addition to any other penalty prescribed by law, if the Board determines that a person has committed any act described in subsection 2, the Board may:
(a) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or certificate or otherwise demonstrates that he or she is no longer in violation of subsection 2. An order to cease and desist must include a mailing address, telephone number , electronic mail address and, if applicable, facsimile number with which the person may contact the Board.
κ2025 Statutes of Nevada, Page 890 (CHAPTER 156, AB 513)κ
order to cease and desist must include a mailing address, telephone number , electronic mail address and, if applicable, facsimile number with which the person may contact the Board.
(b) Issue a citation to the person. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.
(c) Assess against the person an administrative fine of not more than $5,000.
(d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).
4. A person who owns or operates a business entity that offers chiropractic services:
(a) Which is not registered with the Board pursuant to NRS 634.136; or
(b) For which a chiropractic physician who is not licensed pursuant to this chapter engages in the practice of chiropractic,
Κ is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Sec. 14. The amendatory provisions of section 3 of this act do not affect the current term of appointment of any person who, before October 1, 2025, is a member of the Chiropractic Physicians Board of Nevada, and each member continues to serve until the expiration of his or her term or until the member vacates his or her office, whichever occurs first. On and after the effective date of this act, the Governor shall make appointments to the Chiropractic Physicians Board of Nevada in accordance with NRS 634.020, as amended by section 3 of this act.
Sec. 15. (Deleted by amendment.)
Sec. 16. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 15, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On October 1, 2025, for all other purposes.
________
κ2025 Statutes of Nevada, Page 891κ
Assembly Bill No. 518Committee on Health and Human Services
CHAPTER 157
[Approved: May 30, 2025]
AN ACT relating to child welfare; adopting a revised version of the Interstate Compact on the Placement of Children; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the interstate transportation of children for placement in foster care, as a preliminary to a possible adoption or for placement in a juvenile justice institution is governed by the Interstate Compact on the Placement of Children. The Compact prohibits a governmental entity or person from sending a child into another state for those purposes unless: (1) the governmental entity or person provides certain notice to the appropriate public authority in the state where the child is to be sent; and (2) that public authority notifies the sending governmental entity or person that the proposed placement does not appear to be contrary to the best interests of the child. The Compact provides that the governmental entity or person sending the child into another state retains jurisdiction over the child until the child is adopted, reaches majority, becomes self-supporting or is discharged with the concurrence of the appropriate authority in the state where the child is sent. The Compact also authorizes the sending of a child who has been adjudicated delinquent to an institution in another state only if: (1) equivalent facilities for the child are not available in the sending agencys jurisdiction; and (2) institutional care in the state where the child is sent is in the best interest of the child and will not produce undue hardship. (NRS 127.330)
Sections 1 and 2 of this bill adopt and enter into a revised version of the Compact. That version of the Compact applies to the interstate placement of a child: (1) who is subject to child welfare proceedings in the sending state; (2) for juvenile justice purposes, if certain aspects of the placement are not covered by another interstate compact; or (3) by a public or private child placing agency as a preliminary step to a possible adoption. With certain exceptions, a sending state retains jurisdiction over such a child under the revised version of the Compact. However, the revised version of the Compact authorizes a sending state to terminate its jurisdiction under certain circumstances, including several circumstances where such jurisdiction is no longer necessary. If an issue of child protection or custody is brought before a court in the receiving state, the revised version of the Compact requires that court to confer with the court of the sending state to determine the most appropriate forum for adjudication. The revised version of the Compact: (1) requires that a public agency in a receiving state approve a placement before the child may be placed in that state; and (2) establishes a procedure for a receiving state to evaluate the safety and suitability of a proposed placement in that state. The revised version of the Compact assigns among various entities in the sending state and the receiving state, depending on the circumstances of the placement, the financial responsibility for a child placed in the receiving state and certain other duties. The revised version of the Compact additionally creates the Interstate Commission for the Placement of Children, which is a joint commission of member states. The revised version of the Compact requires the Interstate Commission to adopt rules governing the Compact, provide dispute resolution among member states, issue advisory opinions, enforce the Compact through legal action and perform various other duties in furtherance of the purposes of the Compact. The revised version of the Compact authorizes the Interstate Commission to levy an annual assessment on member states to cover the annual budget of the Interstate Commission.
κ2025 Statutes of Nevada, Page 892 (CHAPTER 157, AB 518)κ
The version of the Compact set forth in existing law requires the executive head of each member jurisdiction to designate an officer to act as the administrator and general coordinator of activities under the compact. (NRS 127.330) Existing law accordingly requires the Governor to designate such an administrator and requires the administrator to perform certain duties related to the implementation of the Compact. (NRS 127.340, 127.350) The revised version of the Compact set forth in section 1 does not provide for an administrator but instead requires each member state to establish a central state compact office to ensure compliance with the Compact. Sections 3 and 4 of this bill transfer the responsibilities of the administrator to the central state compact office, and section 3 requires the Governor to appoint an executive head of the central state compact office.
The revised version of the Compact becomes effective when it is enacted by at least 35 states. Currently, 18 states have enacted the revised version of the Compact. Section 11 of this bill repeals the original version of the Compact on the date on which the 35th state enacts the revised version of the Compact, thereby making that version effective. Sections 5-9 of this bill make conforming changes to require compliance with the revised version of the Compact when a child is placed in this State under certain circumstances to which the Compact applies.
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 127 of NRS is hereby amended by adding thereto a new section to read as follows:
INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN
ARTICLE I. PURPOSE
The purpose of this Interstate Compact for the Placement of Children is to:
A. Provide a process through which children subject to this compact are placed in safe and suitable homes in a timely manner.
B. Facilitate ongoing supervision of a placement, the delivery of services, and communication between the states.
C. Provide operating procedures that will ensure that children are placed in safe and suitable homes in a timely manner.
D. Provide for the promulgation and enforcement of administrative rules implementing the provisions of this compact and regulating the covered activities of the member states.
E. Provide for uniform data collection and information sharing between member states under this compact.
F. Promote coordination between this compact, the Interstate Compact for Juveniles, the Interstate Compact on Adoption and Medical Assistance and other compacts affecting the placement of and which provide services to children otherwise subject to this compact.
G. Provide for a states continuing legal jurisdiction and responsibility for placement and care of a child that it would have had if the placement were intrastate.
H. Provide for the promulgation of guidelines, in collaboration with Indian tribes, for interstate cases involving Indian children as is or may be permitted by federal law.
κ2025 Statutes of Nevada, Page 893 (CHAPTER 157, AB 518)κ
ARTICLE II. DEFINITIONS
As used in this compact:
A. Approved placement means the public child placing agency in the receiving state has determined that the placement is both safe and suitable for the child.
B. Assessment means an evaluation of a prospective placement by a public child placing agency in the receiving state to determine if the placement meets the individualized needs of the child, including but not limited to the childs safety and stability, health and well-being, and mental, emotional, and physical development. An assessment is only applicable to a placement by a public child placing agency.
C. Child means an individual who has not attained the age of eighteen (18).
D. Certification means to attest, declare or swear to before a judge or notary public.
E. Default means the failure of a member state to perform the obligations or responsibilities imposed upon it by this compact, the bylaws or rules of the Interstate Commission.
F. Home study means an evaluation of a home environment conducted in accordance with the applicable requirements of the state in which the home is located, and documents the preparation and the suitability of the placement resource for placement of a child in accordance with the laws and requirements of the state in which the home is located.
G. Indian tribe means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for services provided to Indians by the Secretary of the Interior because of their status as Indians, including any Alaskan native village as defined in section 3 (c) of the Alaska Native Claims Settlement Act at 43 USC § 1602(c).
H. Interstate Commission for the Placement of Children means the commission that is created under Article VIII of this compact and which is generally referred to as the Interstate Commission.
I. Jurisdiction means the power and authority of a court to hear and decide matters.
J. Legal Risk Placement (Legal Risk Adoption) means a placement made preliminary to an adoption where the prospective adoptive parents acknowledge in writing that a child can be ordered returned to the sending state or the birth mothers state of residence, if different from the sending state, and a final decree of adoption shall not be entered in any jurisdiction until all required consents are obtained or are dispensed with in accordance with applicable law.
K. Member state means a state that has enacted this compact.
L. Non-custodial parent means a person who, at the time of the commencement of court proceedings in the sending state, does not have sole legal custody of the child or has joint legal custody of a child, and who is not the subject of allegations or findings of child abuse or neglect.
M. Non-member state means a state which has not enacted this compact.
N. Notice of residential placement means information regarding a placement into a residential facility provided to the receiving state including, but not limited to the name, date and place of birth of the child, the identity and address of the parent or legal guardian, evidence of authority to make the placement, and the name and address of the facility in which the child will be placed.
κ2025 Statutes of Nevada, Page 894 (CHAPTER 157, AB 518)κ
including, but not limited to the name, date and place of birth of the child, the identity and address of the parent or legal guardian, evidence of authority to make the placement, and the name and address of the facility in which the child will be placed. Notice of residential placement shall also include information regarding a discharge and any unauthorized absence from the facility.
O. Placement means the act by a public or private child placing agency intended to arrange for the care or custody of a child in another state.
P. Private child placing agency means any private corporation, agency, foundation, institution, or charitable organization, or any private person or attorney that facilitates, causes, or is involved in the placement of a child from one state to another and that is not an instrumentality of the state or acting under color of state law.
Q. Provisional placement means a determination made by the public child placing agency in the receiving state that the proposed placement is safe and suitable, and, to the extent allowable, the receiving state has temporarily waived its standards or requirements otherwise applicable to prospective foster or adoptive parents so as to not delay the placement. Completion of the receiving state requirements regarding training for prospective foster or adoptive parents shall not delay an otherwise safe and suitable placement.
R. Public child placing agency means any government child welfare agency or child protection agency or a private entity under contract with such an agency, regardless of whether they act on behalf of a state, county, municipality or other governmental unit and which facilitates, causes, or is involved in the placement of a child from one state to another.
S. Receiving state means the state to which a child is sent, brought, or caused to be sent or brought.
T. Relative means someone who is related to the child as a parent, step-parent, sibling by half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin or a non-relative with such significant ties to the child that they may be regarded as relatives as determined by the court in the sending state.
U. Residential facility means a facility providing a level of care that is sufficient to substitute for parental responsibility or foster care, and is beyond what is needed for assessment or treatment of an acute condition. For purposes of the compact, residential facilities do not include institutions primarily educational in character, hospitals or other medical facilities.
V. Rule means a written directive, mandate, standard or principle issued by the Interstate Commission promulgated pursuant to Article XI of this compact that is of general applicability and that implements, interprets or prescribes a policy or provision of the compact. Rule has the force and effect of an administrative rule in a member state, and includes the amendment, repeal, or suspension of an existing rule.
W. Sending state means the state from which the placement of a child is initiated.
X. Service members permanent duty station means the military installation where an active duty Armed Services member is currently assigned and is physically located under competent orders that do not specify the duty as temporary.
κ2025 Statutes of Nevada, Page 895 (CHAPTER 157, AB 518)κ
Y. Service members state of legal residence means the state in which the active duty Armed Services member is considered a resident for tax and voting purposes.
Z. State means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other territory of the United States.
AA. State court means a judicial body of a state that is vested by law with responsibility for adjudicating cases involving abuse, neglect, deprivation, delinquency or status offenses of individuals who have not attained the age of eighteen (18).
BB. Supervision means monitoring provided by the receiving state once a child has been placed in a receiving state pursuant to this compact.
ARTICLE III. APPLICABILITY
A. Except as otherwise provided in Article III, Section B, this compact shall apply to:
1. The interstate placement of a child subject to ongoing court jurisdiction in the sending state, due to allegations or findings that the child has been abused, neglected, or deprived as defined by the laws of the sending state, provided, however, that the placement of such a child into a residential facility shall only require notice of residential placement to the receiving state prior to placement.
2. The interstate placement of a child adjudicated delinquent or unmanageable based on the laws of the sending state and subject to ongoing court jurisdiction of the sending state if:
a. The child is being placed in a residential facility in another member state and is not covered under another compact; or
b. The child is being placed in another member state and the determination of safety and suitability of the placement and services required is not provided through another compact.
3. The interstate placement of any child by a public child placing agency or private child placing agency as defined in this compact as a preliminary step to a possible adoption.
B. The provisions of this compact shall not apply to:
1. The interstate placement of a child in a custody proceeding in which a public child placing agency is not a party, provided, the placement is not intended to effectuate an adoption.
2. The interstate placement of a child with a non-relative in a receiving state by a parent with the legal authority to make such a placement provided, however, that the placement is not intended to effectuate an adoption.
3. The interstate placement of a child by one relative with the lawful authority to make such a placement directly with a relative in a receiving state.
4. The placement of a child, not subject to Article III, Section A, into a residential facility by his or her parent.
5. The placement of a child with a non-custodial parent provided that:
a. The non-custodial parent proves to the satisfaction of a court in the sending state a substantial relationship with the child; and
κ2025 Statutes of Nevada, Page 896 (CHAPTER 157, AB 518)κ
b. The court in the sending state makes a written finding that placement with the non-custodial parent is in the best interests of the child; and
c. The court in the sending state dismisses its jurisdiction in interstate placements in which the public child placing agency is a party to the proceeding.
6. A child entering the United States from a foreign country for the purpose of adoption or leaving the United States to go to a foreign country for the purpose of adoption in that country.
7. Cases in which a U.S. citizen child living overseas with his or her family, at least one of whom is in the U.S. Armed Services, and who is stationed overseas, is removed and placed in a state.
8. The sending of a child by a public child placing agency or a private child placing agency for a visit as defined by the rules of the Interstate Commission.
C. For purposes of determining the applicability of this compact to the placement of a child with a family in the Armed Services, the public child placing agency or private child placing agency may choose the state of the service members permanent duty station or the service members declared legal residence.
D. Nothing in this compact shall be construed to prohibit the concurrent application of the provisions of this compact with other applicable interstate compacts including the Interstate Compact for Juveniles and the Interstate Compact on Adoption and Medical Assistance. The Interstate Commission may in cooperation with other interstate compact commissions having responsibility for the interstate movement, placement or transfer of children, promulgate like rules to ensure the coordination of services, timely placement of children, and the reduction of unnecessary or duplicative administrative or procedural requirements.
ARTICLE IV. JURISDICTION
A. Except as provided in Article IV, Section H and Article V, Section B, paragraph 2 and 3 concerning private and independent adoptions, and in interstate placements in which the public child placing agency is not a party to a custody proceeding, the sending state shall retain jurisdiction over a child with respect to all matters of custody and disposition of the child which it would have had if the child had remained in the sending state. Such jurisdiction shall also include the power to order the return of the child to the sending state.
B. When an issue of child protection or custody is brought before a court in the receiving state, such court shall confer with the court of the sending state to determine the most appropriate forum for adjudication.
C. In cases that are before courts and subject to this compact, the taking of testimony for hearings before any judicial officer may occur in person or by telephone, audio-video conference, or such other means as approved by the rules of the Interstate Commission; and judicial officers may communicate with other judicial officers and persons involved in the interstate process as may be permitted by their canons of judicial conduct and any rules promulgated by the Interstate Commission.
D. In accordance with its own laws, the court in the sending state shall have authority to terminate its jurisdiction if:
κ2025 Statutes of Nevada, Page 897 (CHAPTER 157, AB 518)κ
1. The child is reunified with the parent in the receiving state who is the subject of allegations or findings of abuse or neglect, only with the concurrence of the public child placing agency in the receiving state; or
2. The child is adopted; or
3. The child reaches the age of majority under the laws of the sending state; or
4. The child achieves legal independence pursuant to the laws of the sending state; or
5. A guardianship is created by a court in the receiving state with the concurrence of the court in the sending state; or
6. An Indian tribe has petitioned for and received jurisdiction from the court in the sending state; or
7. The public child placing agency of the sending state requests termination and has obtained the concurrence of the public child placing agency in the receiving the state.
E. When a sending state court terminates its jurisdiction, the receiving state child placing agency shall be notified.
F. Nothing in this article shall defeat a claim of jurisdiction by a receiving state court sufficient to deal with an act of truancy, delinquency, crime or behavior involving a child as defined by the laws of the receiving state committed by the child in the receiving state which would be a violation of its laws.
G. Nothing in this article shall limit the receiving states ability to take emergency jurisdiction for the protection of the child.
H. The substantive laws of the state in which an adoption will be finalized shall solely govern all issues relating to the adoption of the child and the court in which the adoption proceeding is filed shall have subject matter jurisdiction regarding all substantive issues relating to the adoption, except:
1. When the child is a ward of another court that established jurisdiction over the child prior to the placement; or
2. When the child is in the legal custody of a public agency in the sending state; or
3. When a court in the sending state has otherwise appropriately assumed jurisdiction over the child, prior to the submission of the request for approval of placement.
I. A final decree of adoption shall not be entered in any jurisdiction until the placement is authorized as an approved placement by the public child placing agency in the receiving state.
ARTICLE V. PLACEMENT EVALUATION
A. Prior to sending, bringing, or causing a child to be sent or brought into a receiving state, the public child placing agency shall provide a written request for assessment to the receiving state.
B. For placements by a private child placing agency, a child may be sent or brought, or caused to be sent or brought, into a receiving state, upon receipt and immediate review of the required content in a request for approval of a placement in both the sending and receiving state public child placing agency. The required content to accompany a request for approval shall include all of the following:
κ2025 Statutes of Nevada, Page 898 (CHAPTER 157, AB 518)κ
1. A request for approval identifying the child, birth parent(s), the prospective adoptive parent(s), and the supervising agency, signed by the person requesting approval; and
2. The appropriate consents or relinquishments signed by the birth parents in accordance with the laws of the sending state, or where permitted the laws of the state where the adoption will be finalized; and
3. Certification by a licensed attorney or authorized agent of a private adoption agency that the consent or relinquishment is in compliance with the applicable laws of the sending state, or where permitted the laws of the state where finalization of the adoption will occur; and
4. A home study; and
5. An acknowledgment of legal risk signed by the prospective adoptive parents.
C. The sending state and the receiving state may request additional information or documents prior to finalization of an approved placement, but they may not delay travel by the prospective adoptive parents with the child if the required content for approval has been submitted, received and reviewed by the public child placing agency in both the sending state and the receiving state.
D. Approval from the public child placing agency in the receiving state for a provisional or approved placement is required as provided for in the rules of the Interstate Commission.
E. The procedures for making and the request for an assessment shall contain all information and be in such form as provided for in the rules of the Interstate Commission.
F. Upon receipt of a request from the public child placing agency of the sending state, the receiving state shall initiate an assessment of the proposed placement to determine its safety and suitability. If the proposed placement is a placement with a relative, the public child placing agency of the sending state may request a determination for a provisional placement.
G. The public child placing agency in the receiving state may request from the public child placing agency or the private child placing agency in the sending state, and shall be entitled to receive supporting or additional information necessary to complete the assessment or approve the placement.
H. The public child placing agency in the receiving state shall approve a provisional placement and complete or arrange for the completion of the assessment within the timeframes established by the rules of the Interstate Commission.
I. For a placement by a private child placing agency, the sending state shall not impose any additional requirements to complete the home study that are not required by the receiving state, unless the adoption is finalized in the sending state.
J. The Interstate Commission may develop uniform standards for the assessment of the safety and suitability of interstate placements.
ARTICLE VI. PLACEMENT AUTHORITY
A. Except as otherwise provided in this Compact, no child subject to this compact shall be placed into a receiving state until approval for such placement is obtained.
κ2025 Statutes of Nevada, Page 899 (CHAPTER 157, AB 518)κ
B. If the public child placing agency in the receiving state does not approve the proposed placement then the child shall not be placed. The receiving state shall provide written documentation of any such determination in accordance with the rules promulgated by the Interstate Commission. Such determination is not subject to judicial review in the sending state.
C. If the proposed placement is not approved, any interested party shall have standing to seek an administrative review of the receiving states determination.
1. The administrative review and any further judicial review associated with the determination shall be conducted in the receiving state pursuant to its applicable Administrative Procedures Act.
2. If a determination not to approve the placement of the child in the receiving state is overturned upon review, the placement shall be deemed approved, provided however that all administrative or judicial remedies have been exhausted or the time for such remedies has passed.
ARTICLE VII. PLACING AGENCY RESPONSIBILITY
A. For the interstate placement of a child made by a public child placing agency or state court:
1. The public child placing agency in the sending state shall have financial responsibility for:
a. The ongoing support and maintenance for the child during the period of the placement, unless otherwise provided for in the receiving state; and
b. As determined by the public child placing agency in the sending state, services for the child beyond the public services for which the child is eligible in the receiving state.
2. The receiving state shall only have financial responsibility for:
a. Any assessment conducted by the receiving state; and
b. Supervision conducted by the receiving state at the level necessary to support the placement as agreed upon by the public child placing agencies of the receiving and sending state.
3. Nothing in this provision shall prohibit public child placing agencies in the sending state from entering into agreements with licensed agencies or persons in the receiving state to conduct assessments and provide supervision.
B. For the placement of a child by a private child placing agency preliminary to a possible adoption, the private child placing agency shall be:
1. Legally responsible for the child during the period of placement as provided for in the law of the sending state until the finalization of the adoption.
2. Financially responsible for the child absent a contractual agreement to the contrary.
C. The public child placing agency in the receiving state shall provide timely assessments, as provided for in the rules of the Interstate Commission.
D. The public child placing agency in the receiving state shall provide, or arrange for the provision of, supervision and services for the child, including timely reports, during the period of the placement.
κ2025 Statutes of Nevada, Page 900 (CHAPTER 157, AB 518)κ
E. Nothing in this compact shall be construed as to limit the authority of the public child placing agency in the receiving state from contracting with a licensed agency or person in the receiving state for an assessment or the provision of supervision or services for the child or otherwise authorizing the provision of supervision or services by a licensed agency during the period of placement.
F. Each member state shall provide for coordination among its branches of government concerning the states participation in, and compliance with, the compact and Interstate Commission activities, through the creation of an advisory council or use of an existing body or board.
G. Each member state shall establish a central state compact office, which shall be responsible for state compliance with the compact and the rules of the Interstate Commission.
H. The public child placing agency in the sending state shall oversee compliance with the provisions of the Indian Child Welfare Act, 25 U.S.C. §§ 1901 et seq., for placements subject to the provisions of this compact, prior to placement.
I. With the consent of the Interstate Commission, states may enter into limited agreements that facilitate the timely assessment and provision of services and supervision of placements under this compact.
ARTICLE VIII. INTERSTATE COMMISSION FOR THE PLACEMENT OF CHILDREN
The member states hereby establish, by way of this compact, a commission known as the Interstate Commission for the Placement of Children. The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall:
A. Be a joint commission of the member states and shall have the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by subsequent concurrent action of the respective legislatures of the member states.
B. Consist of one commissioner from each member state who shall be appointed by the executive head of the state human services administration with ultimate responsibility for the child welfare program. The appointed commissioner shall have the legal authority to vote on policy related matters governed by this compact binding the state.
1. Each member state represented at a meeting of the Interstate Commission is entitled to one vote.
2. A majority of the member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.
3. A representative shall not delegate a vote to another member state.
4. A representative may delegate voting authority to another person from their state for a specified meeting.
C. In addition to the commissioners of each member state, the Interstate Commission shall include persons who are members of interested organizations as defined in the bylaws or rules of the Interstate Commission.
κ2025 Statutes of Nevada, Page 901 (CHAPTER 157, AB 518)κ
Commission. Such members shall be ex officio and shall not be entitled to vote on any matter before the Interstate Commission.
D. Establish an executive committee which shall have the authority to administer the day-to-day operations and administration of the Interstate Commission. It shall not have the power to engage in rulemaking.
ARTICLE IX. POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The Interstate Commission shall have the following powers:
A. To promulgate rules and take all necessary actions to effect the goals, purposes and obligations as enumerated in this compact.
B. To provide for dispute resolution among member states.
C. To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules or actions.
D. To enforce compliance with this compact or the bylaws or rules of the Interstate Commission pursuant to Article XII.
E. Collect standardized data concerning the interstate placement of children subject to this compact as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements.
F. To establish and maintain offices as may be necessary for the transacting of its business.
G. To purchase and maintain insurance and bonds.
H. To hire or contract for services of personnel or consultants as necessary to carry out its functions under the compact and establish personnel qualification policies, and rates of compensation.
I. To establish and appoint committees and officers including, but not limited to, an executive committee as required by Article X.
J. To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose thereof.
K. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed.
L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed.
M. To establish a budget and make expenditures.
N. To adopt a seal and bylaws governing the management and operation of the Interstate Commission.
O. To report annually to the legislatures, governors, the judiciary, and state advisory councils of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.
P. To coordinate and provide education, training and public awareness regarding the interstate movement of children for officials involved in such activity.
Q. To maintain books and records in accordance with the bylaws of the Interstate Commission.
κ2025 Statutes of Nevada, Page 902 (CHAPTER 157, AB 518)κ
R. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.
ARTICLE X. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
A. Bylaws
1. Within 12 months after the first Interstate Commission meeting, the Interstate Commission shall adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact.
2. The Interstate Commissions bylaws and rules shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.
B. Meetings
1. The Interstate Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states shall call additional meetings.
2. Public notice shall be given by the Interstate Commission of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and its committees may close a meeting, or portion thereof, where it determines by two-thirds vote that an open meeting would be likely to:
a. Relate solely to the Interstate Commissions internal personnel practices and procedures; or
b. Disclose matters specifically exempted from disclosure by federal law; or
c. Disclose financial or commercial information which is privileged, proprietary or confidential in nature; or
d. Involve accusing a person of a crime, or formally censuring a person; or
e. Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy or physically endanger one or more persons; or
f. Disclose investigative records compiled for law enforcement purposes; or
g. Specifically relate to the Interstate Commissions participation in a civil action or other legal proceeding.
3. For a meeting, or portion of a meeting, closed pursuant to this provision, the Interstate Commissions legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exemption provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes.
κ2025 Statutes of Nevada, Page 903 (CHAPTER 157, AB 518)κ
shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Interstate Commission or by court order.
4. The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or other electronic communication.
C. Officers and Staff
1. The Interstate Commission may, through its executive committee, appoint or retain a staff director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The staff director shall serve as secretary to the Interstate Commission, but shall not have a vote. The staff director may hire and supervise such other staff as may be authorized by the Interstate Commission.
2. The Interstate Commission shall elect, from among its members, a chairperson and a vice chairperson of the executive committee and other necessary officers, each of whom shall have such authority and duties as may be specified in the bylaws.
D. Qualified Immunity, Defense and Indemnification
1. The Interstate Commissions staff director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided, that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by a criminal act or the intentional or willful and wanton misconduct of such person.
a. The liability of the Interstate Commissions staff director and employees or Interstate Commission representatives, acting within the scope of such persons employment or duties for acts, errors, or omissions occurring within such persons state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by a criminal act or the intentional or willful and wanton misconduct of such person.
b. The Interstate Commission shall defend the staff director and its employees and, subject to the approval of the Attorney General or other appropriate legal counsel of the member state shall defend the commissioner of a member state in a civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.
c. To the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorneys fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.
κ2025 Statutes of Nevada, Page 904 (CHAPTER 157, AB 518)κ
Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorneys fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.
ARTICLE XI. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
A. The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.
B. Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the Model State Administrative Procedures Act, 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedure acts as the Interstate Commission deems appropriate consistent with due process requirements under the United States Constitution as now or hereafter interpreted by the U.S. Supreme Court. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the Interstate Commission.
C. When promulgating a rule, the Interstate Commission shall, at a minimum:
1. Publish the proposed rules entire text stating the reason(s) for that proposed rule; and
2. Allow and invite any and all persons to submit written data, facts, opinions and arguments, which information shall be added to the record, and be made publicly available; and
3. Promulgate a final rule and its effective date, if appropriate, based on input from state or local officials, or interested parties.
D. Rules promulgated by the Interstate Commission shall have the force and effect of administrative rules and shall be binding in the compacting states to the extent and in the manner provided for in this compact.
E. Not later than 60 days after a rule is promulgated, an interested person may file a petition in the U.S. District Court for the District of Columbia or in the Federal District Court where the Interstate Commissions principal office is located for judicial review of such rule. If the court finds that the Interstate Commissions action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside.
F. If a majority of the legislatures of the member states rejects a rule, those states may by enactment of a statute or resolution in the same manner used to adopt the compact cause that such rule shall have no further force and effect in any member state.
G. The existing rules governing the operation of the Interstate Compact on the Placement of Children superseded by this act shall be null and void no less than 12, but no more than 24 months after the first meeting of the Interstate Commission created hereunder, as determined by the members during the first meeting.
κ2025 Statutes of Nevada, Page 905 (CHAPTER 157, AB 518)κ
and void no less than 12, but no more than 24 months after the first meeting of the Interstate Commission created hereunder, as determined by the members during the first meeting.
H. Within the first 12 months of operation, the Interstate Commission shall promulgate rules addressing the following:
1. Transition rules.
2. Forms and procedures.
3. Time lines.
4. Data collection and reporting.
5. Rulemaking.
6. Visitation.
7. Progress reports/supervision.
8. Sharing of information/confidentiality.
9. Financing of the Interstate Commission.
10. Mediation, arbitration and dispute resolution.
11. Education, training and technical assistance.
12. Enforcement.
13. Coordination with other interstate compacts.
I. Upon determination by a majority of the members of the Interstate Commission that an emergency exists:
1. The Interstate Commission may promulgate an emergency rule only if it is required to:
a. Protect the children covered by this compact from an imminent threat to their health, safety and well-being; or
b. Prevent loss of federal or state funds; or
c. Meet a deadline for the promulgation of an administrative rule required by federal law.
2. An emergency rule shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, but no later than 90 days after the effective date of the emergency rule.
3. An emergency rule shall be promulgated as provided for in the rules of the Interstate Commission.
ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT
A. Oversight
1. The Interstate Commission shall oversee the administration and operation of the compact.
2. The executive, legislative and judicial branches of state government in each member state shall enforce this compact and the rules of the Interstate Commission and shall take all actions necessary and appropriate to effectuate the compacts purposes and intent. The compact and its rules shall be binding in the compacting states to the extent and in the manner provided for in this compact.
3. All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact.
4. The Interstate Commission shall be entitled to receive service of process in any action in which the validity of a compact provision or rule is the issue for which a judicial determination has been sought and shall have standing to intervene in any proceedings.
κ2025 Statutes of Nevada, Page 906 (CHAPTER 157, AB 518)κ
the issue for which a judicial determination has been sought and shall have standing to intervene in any proceedings. Failure to provide service of process to the Interstate Commission shall render any judgment, order or other determination, however so captioned or classified, void as to the Interstate Commission, this compact, its bylaws or rules of the Interstate Commission.
B. Dispute Resolution
1. The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states and between member and non-member states.
2. The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among compacting states. The costs of such mediation or dispute resolution shall be the responsibility of the parties to the dispute.
C. Enforcement
1. If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, its bylaws or rules, the Interstate Commission may:
a. Provide remedial training and specific technical assistance; or
b. Provide written notice to the defaulting state and other member states, of the nature of the default and the means of curing the default. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default; or
c. By majority vote of the members, initiate against a defaulting member state legal action in the United State District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal office, to enforce compliance with the provisions of the compact, its bylaws or rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorneys fees; or
d. Avail itself of any other remedies available under state law or the regulation of official or professional conduct.
ARTICLE XIII. FINANCING OF THE COMMISSION
A. The Interstate Commission shall pay, or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.
B. The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commissions annual budget as approved by its members each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission which shall promulgate a rule binding upon all member states.
C. The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state.
κ2025 Statutes of Nevada, Page 907 (CHAPTER 157, AB 518)κ
Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state.
D. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
ARTICLE XIV. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT
A. Any state is eligible to become a member state.
B. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 35 states. The effective date shall be the later of July 1, 2007 or upon enactment of the compact into law by the 35th state. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The executive heads of the state human services administration with ultimate responsibility for the child welfare program of non-member states or their designees shall be invited to participate in the activities of the Interstate Commission on a non-voting basis prior to adoption of the compact by all states.
C. The Interstate Commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding on the member states unless and until it is enacted into law by unanimous consent of the member states.
ARTICLE XV. WITHDRAWAL AND DISSOLUTION
A. Withdrawal
1. Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the compact specifically repealing the statute which enacted the compact into law.
2. Withdrawal from this compact shall be by the enactment of a statute repealing the same. The effective date of withdrawal shall be the effective date of the repeal of the statute.
3. The withdrawing state shall immediately notify the president of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall then notify the other member states of the withdrawing states intent to withdraw.
4. The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal.
5. Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the members of the Interstate Commission.
κ2025 Statutes of Nevada, Page 908 (CHAPTER 157, AB 518)κ
B. Dissolution of Compact
1. This compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one member state.
2. Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
ARTICLE XVI. SEVERABILITY AND CONSTRUCTION
A. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
B. The provisions of this compact shall be liberally construed to effectuate its purposes.
C. Nothing in this compact shall be construed to prohibit the concurrent applicability of other interstate compacts to which the states are members.
ARTICLE XVII. BINDING EFFECT OF COMPACT AND OTHER LAWS
A. Other Laws
1. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact.
B. Binding Effect of the Compact
1. All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states.
2. All agreements between the Interstate Commission and the member states are binding in accordance with their terms.
3. In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
ARTICLE XVIII. INDIAN TRIBES
Notwithstanding any other provision in this compact, the Interstate Commission may promulgate guidelines to permit Indian tribes to utilize the compact to achieve any or all of the purposes of the compact as specified in Article I. The Interstate Commission shall make reasonable efforts to consult with Indian tribes in promulgating guidelines to reflect the diverse circumstances of the various Indian tribes.
Sec. 2. NRS 127.320 is hereby amended to read as follows:
127.320 The Interstate Compact on the Placement of Children, set forth in [NRS 127.330,] section 1 of this act, is hereby enacted into law and entered into with all other jurisdictions substantially joining therein.
Sec. 3. NRS 127.340 is hereby amended to read as follows:
127.340 The [administrator of the] executive head of the central state compact office created pursuant to the Interstate Compact on the Placement of Children set forth in section 1 of this act shall serve at the pleasure of the Governor.
κ2025 Statutes of Nevada, Page 909 (CHAPTER 157, AB 518)κ
Placement of Children set forth in section 1 of this act shall serve at the pleasure of the Governor. The [administrator] central state compact office shall cooperate with all departments, agencies and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this state under the compact.
Sec. 4. NRS 127.350 is hereby amended to read as follows:
127.350 The [administrator of the] central state compact office created pursuant to the Interstate Compact on the Placement of Children set forth in section 1 of this act shall enter into supplementary agreements with appropriate officials of other states pursuant to the compact. If a supplementary agreement requires or contemplates the use of any institution or facility of this state or the provision of any service by this state, the supplementary agreement has no force or effect until approved by the head of the department or agency under whose jurisdiction the institution or facility is operated or whose department or agency will be charged with the rendering of the service.
Sec. 5. NRS 200.4685 is hereby amended to read as follows:
200.4685 1. Except as otherwise provided in this section, a person shall not:
(a) Recruit, transport, transfer, harbor, provide, obtain, maintain or solicit a child in furtherance of a transaction, or advertise or facilitate a transaction, pursuant to which a parent of the child or a person with custody of the child places the child in the physical custody of another person who is not a relative of the child, for the purpose of permanently avoiding or divesting himself or herself of responsibility for the child.
(b) Sell, transfer or arrange for the sale or transfer of a child to another person for money or anything of value or receive a child in exchange for money or anything of value.
2. The provisions of subsection 1 do not apply to:
(a) A placement of a child with a relative, stepparent, child-placing agency or an agency which provides child welfare services;
(b) A placement of a child by a child-placing agency or an agency which provides child welfare services;
(c) A temporary placement of a child with another person by a parent of the child or a person with legal or physical custody of the child, with an intent to return for the child, including, without limitation, a temporary placement of a child while the parent of the child or the person with legal or physical custody of the child is on vacation, incarcerated, serving in the military, receiving medical treatment or incapacitated;
(d) A placement of a child in accordance with NRS [127.330,] 159A.205 or 159A.215 [;] or section 1 of this act;
(e) A placement of a child that is approved by a court of competent jurisdiction; or
(f) Delivery of a child to a provider of emergency services pursuant to NRS 432B.630.
3. A person who violates the provisions of subsection 1 is guilty of trafficking in children and shall be punished for a category C felony as provided in NRS 193.130.
κ2025 Statutes of Nevada, Page 910 (CHAPTER 157, AB 518)κ
4. As used in this section:
(a) Advertise has the meaning ascribed to it in NRS 127.310.
(b) Agency which provides child welfare services has the meaning ascribed to it in NRS 432B.030.
(c) Child means a person who is less than 18 years of age.
(d) Child-placing agency has the meaning ascribed to it in NRS 127.220.
Sec. 6. NRS 424.260 is hereby amended to read as follows:
424.260 1. A foster care agency shall notify the licensing authority before the foster care agency authorizes the placement of a child who is not being placed through the licensing authority or a juvenile court.
2. A foster care agency may not agree to place a child who is relocating from another state unless the foster care agency first consults the licensing authority to determine whether the provisions of the Interstate Compact on the Placement of Children pursuant to NRS 127.320 to 127.350, inclusive, and section 1 of this act or the Interstate Compact for Juveniles pursuant to NRS 62I.015 apply. If the licensing authority determines that the provisions of either Compact apply, the foster care agency may not agree to place the child unless the placement would not violate the provisions of the Compact.
3. A foster care agency shall give priority to assisting with the placement of a child by an agency which provides child welfare services or a juvenile court.
Sec. 7. NRS 432B.390 is hereby amended to read as follows:
432B.390 1. An agent or officer of a law enforcement agency, an officer of the local juvenile probation department or the local department of juvenile services, or a designee of an agency which provides child welfare services may place a child in protective custody:
(a) If the parent or legal guardian consents to the child being placed in protective custody;
(b) If the agent, officer or designee has reasonable cause to believe that immediate action is necessary to protect the child from injury, abuse or neglect;
(c) Upon the issuance of a warrant to place a child in protective custody pursuant to NRS 432B.3903; or
(d) Upon the death of a parent of the child, if the agent, officer or designee has reasonable cause to believe that the death of the parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018.
2. When an agency which provides child welfare services receives a report pursuant to subsection 2 of NRS 432B.630, a designee of the agency which provides child welfare services shall immediately place the child in protective custody.
3. If there is reasonable cause to believe that the death of a parent of a child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, a protective custody hearing must be held pursuant to NRS 432B.470, whether the child was placed in protective custody or with a relative. If an agency other than an agency which provides child welfare services becomes aware that there is reasonable cause to believe that the death of a parent of a child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, that agency shall immediately notify the agency which provides child welfare services and a protective custody hearing must be scheduled.
κ2025 Statutes of Nevada, Page 911 (CHAPTER 157, AB 518)κ
4. An agency which provides child welfare services shall request the assistance of a law enforcement agency in the removal of a child if the agency has reasonable cause to believe that the child or the person placing the child in protective custody may be threatened with harm.
5. Before taking a child for placement in protective custody, the person taking the child shall show his or her identification to any person who is responsible for the child and is present at the time the child is taken. If a person who is responsible for the child is not present at the time the child is taken, the person taking the child shall show his or her identification to any other person upon request. The identification required by this subsection must be a single card that contains a photograph of the person taking the child and identifies the person as a person authorized pursuant to this section to place a child in protective custody.
6. A child placed in protective custody pending an investigation and a hearing held pursuant to NRS 432B.470 must be placed, except as otherwise provided in NRS 432B.3905, in the following order of priority:
(a) In a hospital, if the child needs hospitalization.
(b) With a person who is related within the fifth degree of consanguinity or a fictive kin, and who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative or fictive kin resides within this State.
(c) In a foster home that is licensed pursuant to chapter 424 of NRS.
(d) In any other licensed shelter that provides care to such children.
7. Whenever possible, a child placed pursuant to subsection 6 must be placed together with any siblings of the child. Such a child must not be placed in a jail or other place for detention, incarceration or residential care of persons convicted of a crime or children charged with delinquent acts.
8. A person placing a child in protective custody pursuant to subsection 1 shall:
(a) Immediately take steps to protect all other children remaining in the home or facility, if necessary;
(b) Immediately make a reasonable effort to inform the person responsible for the childs welfare that the child has been placed in protective custody; and
(c) As soon as practicable, inform the agency which provides child welfare services and the appropriate law enforcement agency, except that if the placement violates the provisions of NRS 432B.3905, the person shall immediately provide such notification.
9. If a child is placed with any person who resides outside this State, the placement must be in accordance with [NRS 127.330.] section 1 of this act.
Sec. 8. NRS 432B.480 is hereby amended to read as follows:
432B.480 1. At each hearing conducted pursuant to NRS 432B.470:
(a) At the commencement of the hearing, the court shall advise the parties of their right to be represented by an attorney and of their right to present evidence.
(b) The court shall determine whether there is reasonable cause to believe that it would be:
(1) Contrary to the welfare of the child for the child to reside at his or her home; or
κ2025 Statutes of Nevada, Page 912 (CHAPTER 157, AB 518)κ
(2) In the best interests of the child to place the child outside of his or her home.
Κ The court shall prepare an explicit statement of the facts upon which each of its determinations is based. The court shall not make an affirmative finding regarding either subparagraph (1) or (2) solely because the person responsible for the welfare of the child is deaf, is blind, as defined in NRS 426.082, or has another physical disability or is the holder of a valid registry identification card. If the court makes an affirmative finding regarding either subparagraph (1) or (2), the court shall issue an order keeping the child in protective custody pending a disposition by the court.
(c) The court shall determine whether the child has been placed in a home or facility that complies with the requirements of NRS 432B.3905. If the placement does not comply with the requirements of NRS 432B.3905, the court shall establish a plan with the agency which provides child welfare services for the prompt transfer of the child into a home or facility that complies with the requirements of NRS 432B.3905.
2. If the court issues an order keeping the child in protective custody pending a disposition by the court and it is in the best interests of the child, the court may:
(a) Place the child in the temporary custody of a grandparent, great-grandparent or other person related within the fifth degree of consanguinity to the child who the court finds has established a meaningful relationship with the child, with or without supervision upon such conditions as the court prescribes, regardless of whether the relative resides within this State; or
(b) Grant the grandparent, great-grandparent or other person related within the fifth degree of consanguinity to the child a reasonable right to visit the child while the child is in protective custody.
3. If the court finds that the best interests of the child do not require that the child remain in protective custody, the court shall order the immediate release of the child.
4. If a child is placed with any person who resides outside this State, the placement must be in accordance with [NRS 127.330.] section 1 of this act.
5. As used in this section, holder of a valid registry identification card means a person who holds a valid registry identification card as defined in NRS 678C.080 that identifies the person as:
(a) Exempt from state prosecution for engaging in the medical use of cannabis; or
(b) A designated primary caregiver as defined in NRS 678C.040.
Sec. 9. NRS 432B.550 is hereby amended to read as follows:
432B.550 1. If the court finds that a child is in need of protection, it may, by its order, after receipt and review of the report from the agency which provides child welfare services:
(a) Permit the child to remain in the temporary or permanent custody of the parents of the child or a guardian with or without supervision by the court or a person or agency designated by the court, and with or without retaining jurisdiction of the case, upon such conditions as the court may prescribe;
(b) Place the child in the temporary or permanent custody of a relative, a fictive kin or other person the court finds suitable to receive and care for the child with or without supervision, and with or without retaining jurisdiction of the case, upon such conditions as the court may prescribe; or
κ2025 Statutes of Nevada, Page 913 (CHAPTER 157, AB 518)κ
(c) Place the child in the temporary custody of a public agency or institution authorized to care for children, the local juvenile probation department, the local department of juvenile services or a private agency or institution licensed by the Department of Health and Human Services or a county whose population is 100,000 or more to care for such a child.
Κ In carrying out this subsection, the court may, in its sole discretion and in compliance with the requirements of chapter 159A of NRS, consider an application for the guardianship of the child. If the court grants such an application, it may retain jurisdiction of the case or transfer the case to another court of competent jurisdiction.
2. The court shall not deny placement of a child in the temporary or permanent custody of a person pursuant to subsection 1 solely because the person:
(a) Is deaf, is blind or has another physical disability; or
(b) Is the holder of a valid registry identification card.
3. If, pursuant to subsection 1, a child is placed other than with a parent:
(a) The parent retains the right to consent to adoption, to determine the childs religious affiliation and to reasonable visitation, unless restricted by the court. If the custodian of the child interferes with these rights, the parent may petition the court for enforcement of the rights of the parent.
(b) The court shall set forth good cause why the child was placed other than with a parent.
4. If, pursuant to subsection 1, the child is to be placed with a relative or fictive kin, the court may consider, among other factors, whether the child has resided with a particular relative or fictive kin for 3 years or more before the incident which brought the child to the courts attention.
5. Except as otherwise provided in this subsection, a copy of the report prepared for the court by the agency which provides child welfare services must be sent to the custodian and the parent or legal guardian. If the child was delivered to a provider of emergency services pursuant to NRS 432B.630:
(a) The parent who delivered the child to the provider shall be deemed to have waived his or her right to a copy of the report; and
(b) A copy of the report must be sent to the parent who did not deliver the child to the provider, if the location of such parent is known.
6. In determining the placement of a child pursuant to this section, if the child is not permitted to remain in the custody of the parents of the child or guardian:
(a) It must be presumed to be in the best interests of the child to be placed together with the siblings of the child.
(b) Preference must be given to placing the child in the following order:
(1) With any person related within the fifth degree of consanguinity to the child or a fictive kin, and who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative or fictive kin resides within this State.
(2) In a foster home that is licensed pursuant to chapter 424 of NRS.
7. Any search for a relative with whom to place a child pursuant to this section must be completed within 1 year after the initial placement of the child outside of the home of the child.
κ2025 Statutes of Nevada, Page 914 (CHAPTER 157, AB 518)κ
child outside of the home of the child. If a child is placed with any person who resides outside of this State, the placement must be in accordance with [NRS 127.330.] section 1 of this act.
8. Within 60 days after the removal of a child from the home of the child, the court shall:
(a) Determine whether:
(1) The agency which provides child welfare services has made the reasonable efforts required by paragraph (a) of subsection 1 of NRS 432B.393; or
(2) No such efforts are required in the particular case; and
(b) Prepare an explicit statement of the facts upon which its determination is based.
9. As used in this section:
(a) Blind has the meaning ascribed to it in NRS 426.082.
(b) Holder of a valid registry identification card means a person who holds a valid registry identification card as defined in NRS 678C.080 that identifies the person as:
(1) Exempt from state prosecution for engaging in the medical use of cannabis; or
(2) A designated primary caregiver as defined in NRS 678C.040.
Sec. 10. 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. 11. NRS 127.330 is hereby repealed.
Sec. 12. 1. This section becomes effective upon passage and approval.
2. Sections 1, 2 and 10 of this act become effective:
(a) Upon passage and approval, for the purpose of enacting and entering into the version of the Interstate Compact on the Placement of Children set forth in section 1 of this act; and
(b) On the date on which the 35th state ratifies and enters into the version of the Interstate Compact on the Placement of Children set forth in section 1 of this act, for all other purposes.
3. Sections 3 to 9, inclusive, and 11 of this act become effective on the date on which the 35th state ratifies and enters into the version of the Interstate Compact on the Placement of Children set forth in section 1 of this act.
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