[Rev. 8/22/2025 11:14:56 AM]
κ2025 Statutes of Nevada, Page 1219κ
Senate Bill No. 299Senators Dondero Loop; Cannizzaro, Daly, Flores, Lange, Nguyen, Ohrenschall and Taylor
CHAPTER 194
[Approved: May 31, 2025]
AN ACT relating to health care; requiring a senior living community referral agency to register with the Division of Public and Behavioral Health of the Department of Health and Human Services; setting forth certain requirements for a senior living community referral agency to obtain such registration and the renewal thereof; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a senior living community referral agency to obtain a license from the State Board of Health. (NRS 449.0305) Section 2 of this bill requires instead that a senior living community referral agency register with the Division of Public and Behavioral Health of the Department of Health and Human Services. Section 2 further sets forth the requirements for obtaining and renewing such a registration.
Section 3 of this bill requires the Division of Public and Behavioral Health of the Department of Health and Human Services to adopt regulations to carry out the provisions of the Nevada Revised Statutes relating to senior living community referral agencies.
Section 7 of this bill provides that regardless of whether a senior living community referral agency has obtained a license from the State Board of Health before October 1, 2025, it may operate in this State without a license obtained from the Board or a registration obtained from the Division until 120 days after the regulations required to be adopted by the Division pursuant to section 3 are adopted and approved pursuant to the Nevada Administrative Procedure Act.
Existing law authorizes the State Board of Health to set reasonable fees for the licensing of any facility, establishment or service regulated to the Division. (NRS 439.150) Existing regulations adopted by the Board require: (1) an applicant for a license to operate any referral agency to pay a fee of $2,708; and (2) an applicant for the renewal of such a license to pay a fee of $1,354. (NAC 449.013) Section 2 provides that the amount of fees for an application to register or renew the registration of a senior living community referral agency may not exceed these amounts. Section 7.5 of this bill prohibits the Board from increasing these fees for a senior living community referral agency.
Section 4 of this bill makes a conforming change to eliminate the requirement that a senior living community referral agency obtain a license from the Board.
Existing law sets forth the grounds for the Division to deny a license or suspend or revoke a license. (NRS 449.160) Section 5 of this bill applies these provisions to the registration of a senior living community referral agency.
Existing law: (1) sets forth certain notice requirements before the denial, suspension or revocation of a license issued by the Division; and (2) authorizes an appeal and hearing relating to the denial, suspension or revocation of such a license. (NRS 449.170) Section 6 of this bill applies these provisions to the registration of a senior living community referral agency.
κ2025 Statutes of Nevada, Page 1220 (CHAPTER 194, SB 299)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. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. A senior living community referral agency shall register with the Division by submitting to the Division:
(a) An application for registration, in the form prescribed by the Division, that includes, without limitation:
(1) The physical address, which must be in the United States, where the senior living community referral agency will maintain the records required pursuant to subsection 2 of NRS 449.114; and
(2) Any other contact information for the senior living community referral agency;
(b) Proof of the liability insurance required pursuant to paragraph (b) of subsection 2 of NRS 449.1145; and
(c) Paying a fee not to exceed $2,708.
2. The registration of a senior living community referral agency:
(a) Is valid for 2 years; and
(b) May be renewed by submitting a renewal of registration, in the form prescribed by the Division, that includes, without limitation:
(1) An application for registration, in the form prescribed by the Division, that includes, without limitation:
(I) The physical address, which must be in the United States, where the senior living community referral agency will maintain the records required pursuant to subsection 2 of NRS 449.114; and
(II) Any other contact information for the senior living community referral agency;
(2) Proof of the liability insurance required pursuant to paragraph (b) of subsection 2 of NRS 449.1145; and
(3) Paying a fee not to exceed $1,354.
Sec. 3. The Division shall adopt any regulations necessary to carry out the provisions of NRS 449.114 and 449.1145 and section 1 of this act.
Sec. 4. NRS 449.0305 is hereby amended to read as follows:
449.0305 1. Except as otherwise provided in subsection 5, a person must obtain a license from the Board to operate a business that provides referrals to residential facilities for groups or any other group housing arrangement that provides assistance, food, shelter or limited supervision to a person with a mental illness, intellectual disability, developmental disability or physical disability or who is aged or infirm . [, including, without limitation, a senior living community referral agency.]
2. The Board shall adopt:
(a) Standards for the licensing of businesses described in subsection 1;
(b) Standards relating to the fees charged by such businesses;
(c) Regulations governing the licensing of such businesses; and
(d) Regulations establishing requirements for training the employees of such businesses.
3. A licensed nurse, social worker, physician or hospital, or a provider of geriatric care who is licensed as a nurse or social worker, may provide referrals to residential facilities for groups or any other group housing arrangement described in subsection 1 through a business that is licensed pursuant to this section.
κ2025 Statutes of Nevada, Page 1221 (CHAPTER 194, SB 299)κ
arrangement described in subsection 1 through a business that is licensed pursuant to this section. The Board may, by regulation, authorize a public guardian or any other person it determines appropriate to provide referrals to residential facilities for groups or any other group housing arrangement described in subsection 1 through a business that is licensed pursuant to this section.
4. A business that is licensed pursuant to this section or an employee of such a business shall not:
(a) Refer a person to a residential facility for groups that is not licensed.
(b) Refer a person to a residential facility for groups or any other group housing arrangement described in subsection 1 if the business or its employee knows or reasonably should know that the facility or other group housing arrangement, or the services provided by the facility or other group housing arrangement, are not appropriate for the condition of the person being referred.
(c) Refer a person to a residential facility for groups or any other group housing arrangement described in subsection 1 that is owned by the same person who owns the business.
Κ A person who violates the provisions of this subsection is liable for a civil penalty to be recovered by the Attorney General in the name of the Board for the first offense of not more than $10,000 and for a second or subsequent offense of not less than $10,000 nor more than $20,000. Unless otherwise required by federal law, the Board shall deposit all civil penalties collected pursuant to this section into a separate account in the State General Fund to be used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, and sections 2 and 3 of this act, 449.435 to 449.531, inclusive, and chapter 449A of NRS and to protect the health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards.
5. This section does not apply to [a] :
(a) A medical facility that is licensed pursuant to NRS 449.029 to 449.2428, inclusive, and section 2 of this act on October 1, 1999 [.] ; or
(b) A senior living community referral agency.
6. As used in this section:
(a) Developmental disability has the meaning ascribed to it in NRS 435.007.
(b) Intellectual disability has the meaning ascribed to it in NRS 435.007.
(c) Mental illness has the meaning ascribed to it in NRS 433.164.
Sec. 5. NRS 449.160 is hereby amended to read as follows:
449.160 1. The Division may deny an application for a license or registration or may suspend or revoke any license or registration issued under the provisions of NRS 449.029 to 449.2428, inclusive, and section 2 of this act upon any of the following grounds:
(a) Violation by the applicant , registrant or [the] licensee of any of the provisions of NRS 439B.410, 449.029 to 449.245, inclusive, and section 2 of this act or 449A.100 to 449A.124, inclusive, and 449A.270 to 449A.286, inclusive, or of any other law of this State or of the standards, rules and regulations adopted thereunder.
κ2025 Statutes of Nevada, Page 1222 (CHAPTER 194, SB 299)κ
(b) Aiding, abetting or permitting the commission of any illegal act.
(c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.
(d) Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.
(e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or 439A.102 or as provided in any regulation adopted pursuant to NRS 449.001 to 449.430, inclusive, and section 2 of this act and 449.435 to 449.531, inclusive, and chapter 449A of NRS if such approval is required, including, without limitation, the closure or conversion of any hospital in a county whose population is 100,000 or more that is owned by the licensee without approval pursuant to NRS 439A.102.
(f) Failure to comply with the provisions of NRS 441A.315 and any regulations adopted pursuant thereto or NRS 449.2486.
(g) Violation of the provisions of NRS 458.112.
(h) Failure to comply with the provisions of NRS 449A.170 to 449A.192, inclusive, and any regulation adopted pursuant thereto.
(i) Violation of the provisions of NRS 629.260.
2. In addition to the provisions of subsection 1, the Division may revoke a license to operate a facility for the dependent if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:
(a) Is convicted of violating any of the provisions of NRS 202.470;
(b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or
(c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.
3. The Division shall maintain a log of any complaints that it receives relating to activities for which the Division may revoke the license to operate a facility for the dependent pursuant to subsection 2. The Division shall provide to a facility for the care of adults during the day:
(a) A summary of a complaint against the facility if the investigation of the complaint by the Division either substantiates the complaint or is inconclusive;
(b) A report of any investigation conducted with respect to the complaint; and
(c) A report of any disciplinary action taken against the facility.
Κ The facility shall make the information available to the public pursuant to NRS 449.2486.
4. On or before February 1 of each odd-numbered year, the Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:
(a) Any complaints included in the log maintained by the Division pursuant to subsection 3; and
(b) Any disciplinary actions taken by the Division pursuant to subsection 2.
Sec. 6. NRS 449.170 is hereby amended to read as follows:
449.170 1. When the Division intends to deny, suspend or revoke a license [,] or registration, or impose any sanction prescribed by NRS 449.163, it shall give reasonable notice to all parties by certified mail.
κ2025 Statutes of Nevada, Page 1223 (CHAPTER 194, SB 299)κ
NRS 449.163, it shall give reasonable notice to all parties by certified mail. The notice must contain the legal authority, jurisdiction and reasons for the action to be taken. Notice is not required if the Division finds that the public health requires immediate action. In that case, it may order a summary suspension of a license or registration pursuant to this section and NRS 233B.127 or impose any sanction prescribed by NRS 449.163, pending proceedings for revocation or other action.
2. If a person wants to contest the action of the Division, the person must file an appeal pursuant to regulations adopted by the Board.
3. Upon receiving notice of an appeal, the Division shall hold a hearing pursuant to regulations adopted by the Board.
4. The Board shall adopt such regulations as are necessary to carry out the provisions of this section.
Sec. 7. 1. Regardless of whether a senior living community referral agency has obtained a license from the State Board of Health before October 1, 2025, pursuant to NRS 449.0305, the senior living community referral agency may operate in this State without a license obtained pursuant to NRS 449.0305 or a certificate obtained from the Division of Public and Behavioral Health of the Department of Health and Human Services pursuant to section 2 of this act until 120 days after the regulations required to be adopted by the Division pursuant to section 3 of this act are adopted by the Division and approved by the Legislative Commission pursuant to the Nevada Administrative Procedure Act.
2. As used in this section, senior living community referral agency has the meaning ascribed to it in NRS 449.0181.
Sec. 7.5. 1. Notwithstanding the provisions of subsection 3 of NRS 439.150, the State Board of Health shall not increase:
(a) The application fee for registration as a senior living community referral agency required pursuant to section 2 of this act; or
(b) The fee for the renewal of a registration as a senior living community referral agency required pursuant to section 2 of this act.
2. As used in this section, senior living community referral agency has the meaning ascribed to it in NRS 449.0181.
Sec. 8. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 7.5, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On October 1, 2025, for all other purposes.
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κ2025 Statutes of Nevada, Page 1224κ
Senate Bill No. 313Senator Daly
CHAPTER 195
[Approved: May 31, 2025]
AN ACT relating to state purchasing; revising provisions relating to certain contracts for services; revising provisions relating to extensions of contracts for supplies, materials, equipment and services; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The State Purchasing Act governs the purchasing of services, supplies, materials and equipment by agencies of the Executive Department of the State Government, with certain exceptions. (Chapter 333 of NRS) The Act requires that certain actions be taken before entering into a contract for the purchase of commodities from a sole source. (NRS 333.400) Section 1 of this bill requires the Administrator of the Purchasing Division of the Department of Administration or an agency subject to the Act, as applicable, to take certain actions before entering into a contract for services without competitive selection. Section 1 provides a procedure for filing an objection to the award of such a contract, making a decision regarding the objection and appealing that decision. Section 1 also requires the Administrator to submit an annual report to specified recipients regarding such contracts.
With certain exceptions, the Act authorizes the Administrator to enter into contracts for the furnishing of supplies, materials and equipment for a period of not more than 2 years. Under the Act, the Administrator is authorized to annually extend such contracts in certain circumstances. (NRS 333.280) Section 2 of this bill expands such authority to contracts for services and provides a procedure for the extension of a contract after the expiration of the period of performance stated in the solicitation or advertisement for the contract and any extension authorized in that solicitation or advertisement. Section 2: (1) requires the Administrator to submit a report to the Legislative Commission regarding any using agency that fails to comply with the procedure; and (2) requires the executive head of such a using agency to personally appear before the Legislative Commission to explain the noncompliance.
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 333 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Before entering into a contract for services without competitive selection, the Administrator or a using agency, as applicable, shall:
(a) Conduct market research to identify other potential vendors of the services; and
(b) Prepare a written report regarding:
(1) The efforts made by the Administrator or using agency to identify additional vendors; and
(2) The justification for entering into such a contract.
(c) Post a notice of the proposed contract, including, without limitation, the report prepared pursuant to paragraph (b), on the website of the Division for at least 11 days before awarding the contract. The notice must include, without limitation, information regarding the procedure for filing an objection to the award of the contract.
κ2025 Statutes of Nevada, Page 1225 (CHAPTER 195, SB 313)κ
2. A person may file with the Division a notice of objection to the award of a contract for which notice was posted pursuant to paragraph (c) of subsection 1 within 11 days after the date on which the notice was posted. The notice of objection must include, without limitation, a written statement affirming that the person who filed the objection is able to furnish the services.
3. Within 20 days after the receipt of the notice of objection to the award of the contract filed pursuant to subsection 2, the Administrator shall:
(a) Withdraw the award of the contract and award the contract by competitive selection; or
(b) Post on the website of the Division a statement of the justification for awarding the contract without competitive selection.
4. A person who makes an unsuccessful objection to a contract pursuant to this section may appeal the decision pursuant to NRS 333.370.
5. On or before October 1 of each year, the Administrator shall submit a compilation of the reports prepared and notices of objection filed pursuant to this section during the immediately preceding fiscal year to:
(a) The Interim Finance Committee;
(b) The Audit Division of the Legislative Counsel Bureau; and
(c) In an even-numbered year, the Audit Subcommittee of the Legislative Commission created by NRS 218E.240.
Sec. 2. NRS 333.280 is hereby amended to read as follows:
333.280 1. [Except as otherwise provided in this subsection,] A using agency or the Administrator on behalf of a using agency may enter into a contract using a standard form of contract, by solicitation in accordance with the provisions of NRS 333.300 or by advertising in accordance with the provisions of NRS 333.310, for the furnishing of supplies, materials , [and] equipment and services for the period of performance stated in the solicitation or advertisement for the contract, which must not be more than [2] 10 years. [If an extended contractual period is necessary to promote the use of a manufacturing process which emphasizes the efficient use of energy or to promote the manufacture of products which use recycled materials, the Administrator may enter into such a contract for not more than 3 years.]
2. The original terms of a contract may be extended [annually] thereafter if the conditions for such an extension are specified in the original solicitation [,] or advertisement and the Administrator determines that an extension is in the best interest of the State.
3. After the expiration of the period of performance stated in the original solicitation or advertisement for a contract and the period of any extension authorized pursuant to subsection 2, the Administrator may approve an extension of a contract if:
(a) The period of any such extension is 4 years or less;
(b) The Administrator determines that any such extension is in the best interest of this State; and
(c) The Administrator directs the using agency in writing to solicit or advertise and award a contract for the supplies, materials, equipment or services by competitive selection before the expiration of the extension.
4. If a using agency fails to comply with the direction of the Administrator pursuant to paragraph (c) of subsection 3, the Administrator may approve an additional extension of the contract in the manner set forth in subsection 3. If the Administrator approves an additional extension pursuant to this subsection, the Administrator shall submit a report regarding the extension to the Legislative Commission.
κ2025 Statutes of Nevada, Page 1226 (CHAPTER 195, SB 313)κ
report regarding the extension to the Legislative Commission. Such a report must provide sufficient information to justify the reason that the extension was determined to be in the best interest of this State, including, without limitation, any information regarding the reason that the using agency did not award a contract as directed pursuant to paragraph (c) of subsection 3.
5. If the Administrator submits a report to the Legislative Commission pursuant to subsection 4, the executive head of the using agency that is the subject of the report shall appear personally before the Legislative Commission to explain the reason that the using agency did not award a contract as directed pursuant to paragraph (c) of subsection 3.
6. The Administrator shall adopt regulations to carry out the provisions of this section.
Sec. 3. The provisions 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.
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Senate Bill No. 320Senator Scheible
CHAPTER 196
[Approved: May 31, 2025]
AN ACT relating to public safety; revising provisions governing stopping, standing or parking near a crosswalk; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits vehicles from stopping, standing or parking within 20 feet of a crosswalk. (NRS 484B.450) Section 1 of this bill applies the 20-foot prohibition to both marked and unmarked crosswalks.
Existing law authorizes a local authority to adopt an ordinance for the purpose of erecting official traffic-control devices that regulate the stopping, standing or parking of vehicles on any highway under its jurisdiction. (NRS 484B.520) Existing law defines official traffic-control device as certain signs, signals, markings and other devices that are placed or erected by a public authority or railroad for the purpose of regulating, warning or guiding traffic. (NRS 484A.145) Section 2 of this bill additionally authorizes a local authority to adopt an ordinance for the purpose of establishing a greater distance than the default distance for stopping, standing or parking near a marked or unmarked crosswalk if the deviation is necessary to protect the safety of the community and the local authority erects official traffic-control devices to provide notice of the distance applicable to the jurisdiction.
Section 2 provides that, through December 31, 2026, the prohibition relating to stopping, standing or parking within the specified distance of a marked or unmarked crosswalk may only be enforced through the issuance of a warning and such enforcement is only permitted in circumstances where notice of the distance applicable to the jurisdiction is provided by an official traffic-control device. Section 3 of this bill removes these restrictions effective on January 1, 2027, thereby authorizing a law enforcement officer to take any applicable enforcement actions relating to stopping, standing or parking within the specified distance of a marked or unmarked crosswalk, regardless of whether notice of the prohibition was provided by an official traffic-control device.
κ2025 Statutes of Nevada, Page 1227 (CHAPTER 196, SB 320)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 484B.450 is hereby amended to read as follows:
484B.450 1. A person shall not stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or official traffic-control device, in any of the following places:
(a) Except as otherwise provided in subsection 3, on a sidewalk;
(b) In front of a public or private driveway;
(c) Within an intersection;
(d) Within 15 feet of a fire hydrant in a place where parallel parking is permitted, or within 20 feet of a fire hydrant if angle parking is permitted and a local ordinance requires the greater distance;
(e) On a crosswalk;
(f) [Within] Except as otherwise provided in NRS 484B.520, within 20 feet of a marked or unmarked crosswalk;
(g) Within 30 feet upon the approach to any official traffic-control signal located at the side of a highway;
(h) Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone;
(i) Within 50 feet of the nearest rail of a railroad;
(j) Within 20 feet of a driveway entrance to any fire station and, on the side of a highway opposite the entrance to any fire station, within 75 feet of that entrance;
(k) Alongside or opposite any highway excavation or obstruction when stopping, standing or parking would obstruct traffic;
(l) On the highway side of any vehicle stopped or parked at the edge of or curb of a highway;
(m) Upon any bridge or other elevated structure or within a highway tunnel;
(n) Except as otherwise provided in subsection 2, within 5 feet of a public or private driveway; and
(o) At any place where official traffic-control devices prohibit stopping, standing or parking.
2. The provisions of paragraph (n) of subsection 1 do not apply to a person operating a vehicle of the United States Postal Service if the vehicle is being operated for the official business of the United States Postal Service.
3. A person may park a bicycle, an electric bicycle or an electric scooter on a sidewalk provided that the bicycle, electric bicycle or electric scooter does not impede the normal and reasonable movement of pedestrians on the sidewalk.
4. A person shall not move a vehicle not owned by the person into any prohibited area or away from a curb to a distance which is unlawful.
5. A local authority may place official traffic-control devices prohibiting or restricting the stopping, standing or parking of vehicles on any highway where in its opinion stopping, standing or parking is dangerous to
κ2025 Statutes of Nevada, Page 1228 (CHAPTER 196, SB 320)κ
those using the highway or where the vehicles which are stopping, standing or parking would unduly interfere with the free movement of traffic. It is unlawful for any person to stop, stand or park any vehicle in violation of the restrictions stated on those devices.
Sec. 2. NRS 484B.520 is hereby amended to read as follows:
484B.520 1. A local authority may , [erect,] pursuant to ordinance [,] :
(a) Erect official traffic-control devices regulating the stopping, standing or parking of vehicles on any highway under its jurisdiction [.] ; or
(b) Establish distances greater than those prescribed by paragraph (f) of subsection 1 of NRS 484B.450 related to stopping, standing or parking near a marked or unmarked crosswalk, if the difference is necessary for the safety of the community and the local authority erects official traffic-control devices to provide notice of the distance applicable to the jurisdiction.
2. [When devices are erected giving notice thereof, it] It is unlawful for any person to stop, stand or park a vehicle [for longer than the time designated by any such sign.] in violation of the regulations stated on any official traffic-control device.
3. A law enforcement officer may only enforce the prohibition related to stopping, standing or parking within a specified distance of a marked or unmarked crosswalk as prescribed by paragraph (b) of subsection 1 or paragraph (f) of subsection 1 of NRS 484B.450 if notice relating to the prohibition was provided by an official traffic-control device and such enforcement is limited to the issuance of a warning.
Sec. 3. NRS 484B.520 is hereby amended to read as follows:
484B.520 1. A local authority may, pursuant to ordinance:
(a) Erect official traffic-control devices regulating the stopping, standing or parking of vehicles on any highway under its jurisdiction; or
(b) Establish distances greater than those prescribed by paragraph (f) of subsection 1 of NRS 484B.450 related to stopping, standing or parking near a marked or unmarked crosswalk, if the difference is necessary for the safety of the community and the local authority erects official traffic-control devices to provide notice of the distance applicable to the jurisdiction.
2. It is unlawful for any person to stop, stand or park a vehicle in violation of the regulations stated on any official traffic-control device.
[3. A law enforcement officer may only enforce the prohibition related to stopping, standing or parking within a specified distance of a marked or unmarked crosswalk as prescribed by paragraph (b) of subsection 1 or paragraph (f) of subsection 1 of NRS 484B.450 if notice relating to the prohibition was provided by an official traffic-control device and such enforcement is limited to the issuance of a warning.]
Sec. 4. 1. This section and sections 1 and 2 of this act become effective on October 1, 2025.
2. Section 3 of this act becomes effective on January 1, 2027.
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κ2025 Statutes of Nevada, Page 1229κ
Senate Bill No. 321Senator Nguyen
CHAPTER 197
[Approved: May 31, 2025]
AN ACT relating to public utilities; revising provisions relating to the civil penalty that may be imposed for violating certain regulations adopted by the Public Utilities Commission of Nevada; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that a person who violates regulations adopted by the Public Utilities Commission of Nevada in conformity with the Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. §§ 60101 et seq., is subject to a civil penalty not to exceed $200,000 for each violation for each day that the violation persists, up to a maximum of $2,000,000 for any related series of violations. (NRS 704.595) Existing federal law and regulations establish corresponding civil penalties relating to pipeline safety violations, the amounts of which are required to be adjusted each year to account for inflation and currently may not exceed $272,926 for each violation for each day the violation persists, up to a maximum of $2,729,245 for any related series of violations. (49 U.S.C. § 60122(a); 49 C.F.R. § 190.223(a)) This bill revises the amount of the civil penalty to align with the amount that may be charged for the corresponding civil penalties under federal law.
Existing law also provides that the amount of the civil penalty may be deducted from any sum owed to the person by the State. (NRS 704.595) This bill removes these provisions.
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 704.595 is hereby amended to read as follows:
704.595 1. Any person who violates any provision of any regulation adopted by the Commission in conformity with the Natural Gas Pipeline Safety Act of 1968, as amended, 49 U.S.C. §§ 60101 et seq., or with a federal regulation adopted pursuant thereto, is subject to a civil penalty in an amount that may not [to exceed $200,000 for each violation for each day that the violation persists, but the maximum civil penalty must not exceed $2,000,000 for any related series of violations. Unless compromised, the amount of any such civil penalty must be determined by a court of competent jurisdiction.] be greater than the monetary amount of the corresponding civil penalty for the applicable violation pursuant to 49 U.S.C. § 60122(a), including any adjustments made to the civil penalty pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Pub. L. 114-74.
2. Any civil penalty may be compromised by the Commission. In determining the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, must be considered.
κ2025 Statutes of Nevada, Page 1230 (CHAPTER 197, SB 321)κ
3. The amount of the penalty, [when finally determined,] or the amount agreed upon in compromise, [may be deducted from any sum owing by the State to the person charged or] may be recovered in a civil action in any court of competent jurisdiction.
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Senate Bill No. 322Senator Taylor
Joint Sponsor: Assemblymember Hansen
CHAPTER 198
[Approved: May 31, 2025]
AN ACT relating to higher education; requiring each member of the Board of Regents of the University of Nevada to complete certain training for professional development; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Nevada Constitution requires the Legislature to provide for: (1) the establishment of a State University controlled by a Board of Regents, whose duties are to be prescribed by law; and (2) the election of the members of the Board of Regents of Nevada. (Nev. Const. Art. 11, §§ 4, 7; NRS 396.040) Existing law establishes the Board of Regents of the University of Nevada and imposes upon the Board, and the members of the Board, certain duties. (Chapter 396 of NRS)
In addition, existing law requires each member elected or appointed to serve on the board of trustees of a school district to complete a certain amount of training for professional development during their term, which must contain instruction on certain topics relating to the administration of public schools. (NRS 386.327)
Section 1 of this bill requires each member of the Board of Regents to complete 6 hours of training for professional development during the first and third year of each term that the member serves on the Board of Regents. Section 1 provides that the training may include instruction covering various matters relating to the administration of a public system for higher education, including instruction concerning the duties of the Board of Regents and other persons involved in higher education, laws on ethics, laws on public records and meetings, laws governing employment, financial matters and the fiduciary duties of the members of the Board. Section 1 requires each member of the Board to complete each year that the member is required to complete training, as part of the training requirement, training relating to: (1) the Open Meeting Law (Chapter 241 of NRS); and (2) the elimination of bias and discrimination in higher education.
Existing law authorizes the Board of Regents to employ a Secretary of the Board and requires the Secretary to perform certain duties. (NRS 396.090, 396.120, 396.853) Section 1 requires the Secretary to: (1) assist the members of the Board with completing the training for professional development; (2) post notice of any failure of a member of the Board to complete this training on an Internet website maintained by the Board; and (3) provide written notice of such failure of a member to the other members of the Board.
Existing law entitles each member of the Board of Regents to receive a certain salary for each meeting of the Board that he or she attends. (NRS 396.070) Section 1 provides that each member of the Board is entitled to receive compensation for each 3 hours of training for professional development that the member completes outside of a meeting of the Board, subject to a maximum limit of 18 hours for each calendar year, in an amount that is equal to the salary that the member is entitled to receive for each meeting of the Board that the member attends.
κ2025 Statutes of Nevada, Page 1231 (CHAPTER 198, SB 322)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. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each person who is elected or appointed to serve as a member of the Board of Regents shall complete training for professional development during the first and third year of each term of the member, which must consist of not less than 6 hours of instruction during each year that such training is required. Except as otherwise provided in subsection 2, the instruction required pursuant to this subsection may cover any of the following topics:
(a) The Open Meeting Law, including, without limitation, the provisions of chapter 241 of NRS;
(b) The elimination of bias and discrimination in higher education;
(c) Laws relating to public records, including, without limitation, the provisions of chapter 239 of NRS;
(d) Strategies for the improvement of campus safety;
(e) Laws and standards relating to the ethical obligations of public officers and employees, including, without limitation, the provisions of chapter 281A of NRS;
(f) The system of public higher education in this State, including, without limitation, the provisions of this chapter and any regulations adopted pursuant thereto;
(g) The duties and responsibilities of the members of the Board of Regents, the officers and staff of the Board of Regents, the Chancellor, the staff of the Chancellor and the presidents of the institutions within the System, including, without limitation, circumstances under which the Board of Regents is required to consult with such persons;
(h) The existing relationship and interaction between the Board of Regents and the System with the Legislative, Executive and Judicial branches of the government of this State;
(i) Financial management, including, without limitation, information concerning oversight, accountability and audits;
(j) Information relating to institutional mission differentiation and accreditation standards in higher education;
(k) The fiduciary duties of the members of the Board of Regents, including, without limitation, the provisions of NRS 396.122 and other applicable provisions of law;
(l) Laws and regulations relating to employment and contracts;
(m) Parliamentary procedures applicable to meetings of the Board of Regents;
(n) The promotion of academic freedom and shared governance in institutions of higher education;
(o) Best practices relating to searches for executive officers in higher education; or
κ2025 Statutes of Nevada, Page 1232 (CHAPTER 198, SB 322)κ
(p) Other topics of instruction not described in paragraphs (a) to (o), inclusive, that relate to the duties of the Board of Regents.
2. Each member of the Board of Regents is required to complete, as part of the training for professional development required pursuant to subsection 1, instruction covering the topics described in paragraphs (a) and (b) of subsection 1 each year the member is required to complete such training pursuant to subsection 1.
3. The Secretary of the Board shall assist each member of the Board of Regents as necessary to complete the training for professional development required pursuant to subsection 1, including, without limitation, arranging for experts on the topics described in paragraphs (a) to (p), inclusive, of subsection 1 to facilitate or provide the required instruction. Such an expert may be a person who is employed by the System, or any state or local agency, and whose duties relate to the training that the person has agreed to provide.
4. Upon completing the training for professional development required pursuant to subsection 1, a member of the Board of Regents must provide evidence of the completion of the training to the Secretary of the Board. If a member fails to complete the training required pursuant to subsection 1, or fails to provide evidence of the completion of the training to the Secretary in accordance with this subsection, the Secretary shall:
(a) Publish a notice of such noncompliance in a conspicuous manner on an Internet website maintained by the Board of Regents; and
(b) Provide written notice of the noncompliance to the other members of the Board of Regents.
5. Each member of the Board of Regents is entitled to receive compensation for each 3 hours of training for professional development that the member completes pursuant to subsection 1 outside of a meeting of the Board. The amount of compensation for each 3 hours of training must be equal to the salary that each member of the Board of Regents is entitled to receive pursuant to subsection 1 of NRS 396.070 for each meeting of the Board that the member attends. A member may not receive compensation pursuant to this subsection for more than 18 hours of training in a calendar year.
Sec. 2. (Deleted by amendment.)
Sec. 3. This act becomes effective on January 1, 2026.
________
κ2025 Statutes of Nevada, Page 1233κ
Senate Bill No. 326Senator Cruz-Crawford
CHAPTER 199
[Approved: May 31, 2025]
AN ACT relating to public utilities; requiring certain public utilities to submit to the Public Utilities Commission of Nevada an annual report relating to the infrastructure of the public utility; 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 public utilities which furnish water or services for the disposal of sewage, or both, to persons within this State for compensation, and which: (1) serve 3,000 or fewer persons; and (2) had gross sales for water or services for the disposal of sewage, considered separately, amounting to $2,000,000 or less for the immediately preceding 12-month period. (NRS 704.095) This bill requires such a public utility to submit an annual report to the Commission relating to the infrastructure of the public utility if the public utility is located in a county whose population is 700,000 or more (currently only Clark County) and the public utility serves at least 250 persons. This bill requires the report to be submitted each year on or before a date established by the Commission and to include, without limitation: (1) information concerning the adequacy of the infrastructure of the public utility, including, without limitation, the adequacy of the infrastructure to furnish a reasonably adequate supply of water for fire protection and the sufficiency and availability of any water rights that are necessary to provide service; and (2) any other information related to the infrastructure of the public utility that the Commission may require by regulation.
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 rates 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:
(a) Serve 3,000 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 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 based on a nationally recognized inflation index approved by the Commission.
3. A public utility described in subsection 1 which is located in a county whose population is 700,000 or more and which serves at least 250 persons shall, each year on or before a date established by the Commission, submit to the Commission a report that includes, without limitation:
κ2025 Statutes of Nevada, Page 1234 (CHAPTER 199, SB 326)κ
persons shall, each year on or before a date established by the Commission, submit to the Commission a report that includes, without limitation:
(a) Information concerning the adequacy of the infrastructure of the public utility, including, without limitation, the adequacy of the infrastructure to furnish a reasonably adequate supply of water for fire protection as required by NRS 704.660 and the sufficiency and availability of any water rights that are necessary to provide service; and
(b) Any other information related to the infrastructure of the public utility that the Commission may require by regulation.
________
Senate Bill No. 330Senator Neal (by request)
CHAPTER 200
[Approved: May 31, 2025]
AN ACT relating to health care; making a clarification regarding facilities for skilled nursing; requiring, under certain circumstances, cities and counties to adopt terms for facilities for skilled nursing and similar facilities which are the same as the terms used in state law; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the licensing and regulation of medical facilities, which include facilities for skilled nursing. (NRS 449.029-449.240) Existing law defines a facility for skilled nursing to mean an establishment, except for a hospital, which provides continuous skilled nursing and related care to a patient who is not in an acute episode of illness and whose primary need is the availability of such care on a continuous basis. (NRS 449.0039) Section 1 of this bill amends the definition of facility for skilled nursing to clarify that facilities for skilled nursing provide inpatient care. Section 2 of this bill requires that each county and city adopt an ordinance using the preceding term in the Nevada Revised Statutes to describe a facility for skilled nursing. However, a county or city would not be required to include a specified term in the ordinance if a facility of that type does not exist in the county or city or if the ordinances do not otherwise refer to a facility of the type corresponding to the term. Section 4 of this bill deems any facility that is operating on June 30, 2025, that is considered to be a facility for skilled nursing or similar facility under a previously adopted ordinance to be a facility for skilled nursing under an ordinance required by section 2 or 3.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 449.0039 is hereby amended to read as follows:
449.0039 1. Facility for skilled nursing means an establishment which provides inpatient continuous skilled nursing and related care as prescribed by a physician to a patient in the facility who is not in an acute episode of illness and whose primary need is the availability of such care on a continuous basis.
κ2025 Statutes of Nevada, Page 1235 (CHAPTER 200, SB 330)κ
2. Facility for skilled nursing does not include a facility which meets the requirements of a general or any other special hospital.
Sec. 2. NRS 244.3549 is hereby amended to read as follows:
244.3549 1. Except as otherwise provided in subsections 2 and 3, each board of county commissioners shall adopt an ordinance using the following terms to describe the following types of facilities, homes, houses and institutions:
(a) Child care institution, as that term is used in NRS 432A.0245.
(b) Facility for transitional living for released offenders, as that term is used in NRS 449.0055.
(c) Group foster home, as that term is used in NRS 424.015.
(d) Home for individual residential care, as that term is used in NRS 449.0105.
(e) Recovery house for persons recovering from alcohol or other substance use disorders, as that term is defined in NRS 278.02374.
(f) Residential facility for groups, as that term is used in NRS 449.017.
(g) Facility for skilled nursing, as that term is used in NRS 449.0039.
2. Subsection 1 requires the board of county commissioners to use the specified terms solely for the purpose of referring to the named facilities, homes, houses and institutions and does not require the board to adopt the States definition for the purpose of regulating or imposing any requirement with respect to such a facility, home, house or institution.
3. A board of county commissioners is not required to include a term set forth in subsection 1 in the ordinance if:
(a) A facility, home, house or institution of the type corresponding to the term does not exist in the county; or
(b) The countys ordinances do not otherwise, by whatever name, refer to a facility, home, house or institution of the type corresponding to the term.
Sec. 3. NRS 268.0193 is hereby amended to read as follows:
268.0193 1. Except as otherwise provided in subsections 2 and 3, the governing body of each city shall adopt an ordinance using the following terms to describe the following types of facilities, homes, houses and institutions:
(a) Child care institution, as that term is used in NRS 432A.0245.
(b) Facility for transitional living for released offenders, as that term is used in NRS 449.0055.
(c) Group foster home, as that term is used in NRS 424.015.
(d) Home for individual residential care, as that term is used in NRS 449.0105.
(e) Recovery house for persons recovering from alcohol or other substance use disorders, as that term is used in NRS 278.02374.
(f) Residential facility for groups, as that term is used in NRS 449.017.
(g) Facility for skilled nursing, as that term is used in NRS 449.0039.
2. Subsection 1 requires the governing body of the city to use the specified terms solely for the purpose of referring to the named facilities, homes, houses and institutions and does not require the governing body to use the States definition for the purpose of regulating or imposing any requirement with respect to such a facility, home, house or institution.
3. The governing body of a city is not required to include a term set forth in subsection 1 in the ordinance if:
(a) A facility, home, house or institution of the type corresponding to the term does not exist in the city; or
κ2025 Statutes of Nevada, Page 1236 (CHAPTER 200, SB 330)κ
(b) The citys ordinances do not otherwise, by whatever name, refer to a facility, home, house or institution of the type corresponding to the term.
Sec. 4. Notwithstanding the amendatory provisions of sections 2 and 3 of this act, any facility operating on June 30, 2025, that is considered a facility for skilled nursing, nursing home or similar facility under an ordinance adopted by a board of county commissioners or the governing body of a city on or before that date shall be deemed to be a facility for skilled nursing for all purposes under any ordinance adopted on or after July 1, 2025, by:
1. A board of county commissioners pursuant to paragraph (g) of subsection 1 of NRS 244.3549, as amended by section 2 of this act; or
2. The governing body of a city pursuant to paragraph (g) of subsection 1 of NRS 268.0193, as amended by section 3 of this act.
Sec. 5. This act becomes effective on July 1, 2025.
________
Senate Bill No. 338Senators Pazina, Flores, Doρate, Cruz-Crawford; Cannizzaro, Daly, Dondero Loop, Lange, Nguyen, Ohrenschall and Taylor
CHAPTER 201
[Approved: May 31, 2025]
AN ACT relating to trade practices; revising provisions relating to the sale of tickets for certain live entertainment events; requiring providers of live entertainment tickets to clearly and conspicuously disclose certain information relating to pricing; prohibiting providers of live entertainment tickets from misrepresenting certain information relating to pricing; requiring providers of live entertainment tickets to issue refunds in certain circumstances; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
On January 10, 2025, The Federal Trade Commission published a final trade regulation rule in the Federal Register entitled Rule on Unfair or Deceptive Fees (the Rule). (90 Fed. Reg. 2066 (Jan. 10, 2025)) The Rule, which will take effect on May 12, 2025, prohibits a business that sells or offers live-event tickets from offering, displaying or advertising the price of a live-event ticket without clearly and conspicuously disclosing the maximum total price that a consumer must pay for the live-event ticket, inclusive of all fees or charges that the consumer must pay for any mandatory good or service sold as part of the purchase of the ticket. The seller of live-event tickets is authorized to exclude from the total price required to be disclosed for the live-event ticket any governmental charges, shipping charges and charges for optional goods or services that the consumer may purchase as a part of the same transaction. (16 C.F.R. § 464.1, 464.2; 90 Fed. Reg. 2066, 2166-67 (Jan. 10, 2025)) The Rule prescribes particular means by which a disclosure must be clearly and conspicuously made to a consumer. (16 C.F.R. § 464.1; 90 Fed. Reg. 2066, 2167 (Jan. 10, 2025)) Additionally, the Rule prohibits a seller of live-event tickets from misrepresenting any fee or charge. (16 C.F.R. § 464.3; 90 Fed. Reg. 2066, 2167 (Jan. 10, 2025)) Finally, the Rule provides that state law or regulation may provide consumers with protection that is greater than, or at least not inconsistent with, the protections for consumers prescribed by the Rule. (16 C.F.R. § 464.4; 90 Fed. Reg. 2066, 2167 (Jan. 10, 2025))
κ2025 Statutes of Nevada, Page 1237 (CHAPTER 201, SB 338)κ
Existing state law prohibits a reseller, a secondary ticket exchange or an affiliate of a reseller or secondary ticket exchange from reselling a ticket for a live entertainment event without disclosing to the purchaser the total amount that the purchaser will be charged for the ticket. (NRS 598.39795) Section 12 of this bill repeals this provision. Instead, section 4 of this bill prescribes certain requirements for businesses that sell tickets to live entertainment events, which are equivalent to the requirements established in the Rule. Specifically, section 4 prohibits a ticket provider from offering, displaying or advertising any price of a ticket for a live entertainment event unless the ticket provider clearly and conspicuously discloses the total price of the ticket. Section 4 also requires certain information to be clearly and conspicuously disclosed to a consumer before the consumer agrees to purchase a ticket from the ticket provider. Section 4 prescribes certain means by which a ticket provider must clearly and conspicuously make such disclosures to consumers, which are identical to those means prescribed in the Rule. Section 4 also prohibits a ticket provider from misrepresenting any fee or charge.
Section 5 of this bill requires, with certain exceptions, a ticket provider to provide a refund of the full amount a purchaser paid to the ticket provider for a ticket to a live entertainment event, including all applicable fees and governmental charges, if the event to which the ticket pertains is cancelled. Section 5 requires that the refund be provided to the purchaser not more than 30 days after the sponsor of the event notifies the public that the live entertainment event is cancelled.
Existing law prohibits certain other practices and acts relating to the sale and resale of tickets for live entertainment events. (NRS 598.397-598.3984) Existing law entitles a person who is injured by a violation of such provisions to bring a civil action against the reseller, secondary ticket exchange or affiliate of the reseller or secondary ticket exchange that committed the violation. Section 9 of this bill clarifies that this remedy does not extend to violations of section 4 or 5. Section 8 of this bill requires the Bureau of Consumer Protection in the Office of the Attorney General to accept reports of violations of sections 4 and 5 using the mechanisms by which the Bureau receives reports of violations of other provisions relating to the sale and resale of tickets for live entertainment events. (NRS 598.3981) Sections 10 and 11 of this bill provide that a willful violation of section 4 or 5 is punishable by certain criminal penalties, which are currently applicable to willful violations of other provisions relating to the sale or resale of tickets for live entertainment events. (NRS 598.3983, 598.3984)
Existing law defines various activities involving businesses and occupations that constitute deceptive trade practices. (NRS 598.0915-598.0925) If a person engages in a deceptive trade practice, the person may be subject to the imposition of certain restraints by injunction and civil and criminal penalties. (NRS 598.0979, 598.0985, 598.0999) Existing law makes a knowing violation of provisions relating to the sale and resale of tickets for live entertainment events a deceptive trade practice. (NRS 598.09223) Section 6 of this bill makes a knowing violation of section 4 or 5 a deceptive trade practice, thereby subjecting a violator of those sections to additional civil and criminal penalties.
Sections 2 and 3 of this bill define certain terms, and section 7 of this bill establishes the applicability of those definitions.
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 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Governmental charges means any taxes, fees or charges that the Federal Government or this State, or any agency or political subdivision thereof, or a tribal government imposes on or requires to be collected in connection with the sale of a ticket or a transaction involving the sale of a ticket.
κ2025 Statutes of Nevada, Page 1238 (CHAPTER 201, SB 338)κ
subdivision thereof, or a tribal government imposes on or requires to be collected in connection with the sale of a ticket or a transaction involving the sale of a ticket.
Sec. 3. Ticket provider means a natural person, proprietorship, corporation, partnership, trust, unincorporated organization or other enterprise that is engaged in the business of selling tickets, reselling tickets or offering tickets for sale, including, without limitation, a primary ticket provider, reseller or secondary ticket exchange.
Sec. 4. 1. A ticket provider shall not offer, display or advertise any price of a ticket without clearly and conspicuously disclosing the total price of the ticket. A ticket provider may exclude from the total price:
(a) Governmental charges;
(b) Shipping charges; and
(c) Fees and charges for optional ancillary goods or services.
2. A ticket provider shall clearly and conspicuously disclose to a consumer, before the consumer agrees to purchase a ticket:
(a) The nature, purpose and amount of any fee or charge that has been excluded from the total price of the ticket and the identity of the good or service for which the fee or charge is imposed; and
(b) The final amount of payment for the transaction.
3. A ticket provider shall display the total price of the ticket more prominently than any other information relating to the price of the ticket. Where the final amount of payment for the transaction for the ticket is displayed, the final amount of payment must be disclosed more prominently than, or as prominently as, the total price.
4. For the purposes of subsections 1 and 2, a ticket provider makes a clear and conspicuous disclosure if the disclosure is easily noticeable and understandable by an ordinary consumer, and:
(a) The disclosure uses clear and comprehensible language, diction and syntax that is easily understandable to an ordinary consumer or, if the communication containing the disclosure is specifically targeted at a specific subset of consumers, including, without limitation, children or seniors, the disclosure uses clear and comprehensible language, diction and syntax that is easily understandable to consumers in that subset of consumers.
(b) The disclosure is not contradicted or mitigated by, or inconsistent with, anything else contained within the communication containing the disclosure.
(c) The disclosure, if displayed visually, stands out from any accompanying text or other visual elements by its size, contrast, location, the length of time it appears and other characteristics, so that it is easily noticed, read and understood.
(d) If the disclosure is made through audible means, including, without limitation, by telephone or streaming video, the disclosure is delivered in a volume, speed and cadence that would allow an ordinary consumer to easily hear and understand the disclosure.
(e) If the communication requiring the disclosure is displayed using an interactive electronic medium, including, without limitation, an Internet web browser or mobile application, the disclosure is unavoidable.
(f) If the communication requiring the disclosure is made through solely audible or solely visual means, the disclosure is made through the same means as the whole communication.
κ2025 Statutes of Nevada, Page 1239 (CHAPTER 201, SB 338)κ
(g) If the communication requiring the disclosure is made through both visual and audible means, including, without limitation, through a television advertisement, the communication is presented simultaneously in both the visual and audible portion of the communication, even if the representation requiring the disclosure is made in only one means.
(h) The disclosure complies with all of the requirements of this subsection in each medium through which it is received, including, without limitation, all electronic devices and face-to-face communications.
5. A ticket provider shall not misrepresent any fee or charge, including, without limitation, misrepresenting:
(a) The nature, purpose or refundability of any fee or charge; or
(b) The identity of any good or service for which the fee or charge is imposed.
6. As used in this section:
(a) Ancillary good or service means any additional good or service offered to a consumer as part of a transaction for the purchase of a ticket.
(b) Shipping charges means the fees or charges that reasonably reflect the amount that a ticket provider incurs to deliver or send a physical ticket to a consumer.
(c) Total price means the maximum total of all fees or charges that a consumer must pay to complete a transaction to purchase a ticket, including, without limitation, a fee or charge for any mandatory ancillary good or service.
Sec. 5. 1. Except as otherwise provided in subsection 2, a ticket provider that sells a ticket to a purchaser shall provide the purchaser with a refund of the full amount that the purchaser paid the ticket provider for the ticket, inclusive of all fees and governmental charges, if the athletic contest or live entertainment event to which the ticket pertains is cancelled. A ticket provider must provide a refund required pursuant to this subsection not more than 30 days after the rights holder or sponsor of the athletic contest or live entertainment event, as applicable, notifies the public that the athletic contest or live entertainment event to which the ticket pertains is cancelled.
2. A ticket provider is not required to provide a refund pursuant to subsection 1 if, in the discretion of the ticket provider:
(a) The athletic contest or live entertainment event for which the ticket provider sold a ticket is cancelled because of:
(1) A major catastrophe or other event for which a state of emergency or declaration of disaster is proclaimed pursuant to NRS 414.070;
(2) An extraordinary event or circumstance that could not have been foreseen by and is beyond the control of the ticket provider; or
(3) Any other issue or event in the nature of force majeure; or
(b) For an athletic contest or live entertainment event scheduled to occur outdoors or within an open air venue, including, without limitation, a music or cultural festival that takes place over several days, the rights holder provides in the terms and conditions of the live event ticket sold by the ticket provider that the athletic contest or live entertainment event will occur notwithstanding inclement weather conditions, other than extreme or dangerous weather conditions and, because of such extreme or dangerous weather conditions, the live entertainment or athletic event, or a portion thereof, is cancelled.
κ2025 Statutes of Nevada, Page 1240 (CHAPTER 201, SB 338)κ
Sec. 6. NRS 598.09223 is hereby amended to read as follows:
598.09223 A person engages in a deceptive trade practice when, in the course of his or her business or occupation, he or she knowingly violates a provision of NRS 598.397 to 598.3984, inclusive [.] , and sections 2 to 5, inclusive, of this act.
Sec. 7. NRS 598.397 is hereby amended to read as follows:
598.397 As used in NRS 598.397 to 598.3984, inclusive, and sections 2 to 5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 598.3971 to 598.3977, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 8. NRS 598.3981 is hereby amended to read as follows:
598.3981 1. The Bureau of Consumer Protection in the Office of the Attorney General shall establish a toll-free statewide hotline and an Internet website by which a person may file a complaint relating to a suspected violation of NRS 598.397 to 598.3984, inclusive, and sections 2 to 5, inclusive, of this act and obtain information and directions regarding the preferred method for filing such a complaint.
2. Any form made available by the Bureau of Consumer Protection for receiving complaints relating to a suspected violation of NRS 598.397 to 598.3984, inclusive, and sections 2 to 5, inclusive, of this act must be designed specifically for receiving such complaints.
Sec. 9. NRS 598.3982 is hereby amended to read as follows:
598.3982 1. A person injured by a violation of any provision of NRS 598.397 to 598.3984, inclusive, other than sections 2 to 5, inclusive, of this act, may bring a civil action against a reseller, a secondary ticket exchange or any affiliate of a reseller or secondary ticket exchange who committed the violation in a district court in any county:
(a) In which the cause therefor accrued;
(b) In which the defendant resides or may be found;
(c) In which the plaintiff resides; or
(d) In which an athletic contest or live entertainment event to which the ticket pertains occurred or will occur, if the violation relates to the sale, purchase or advertisement of a ticket.
2. If the person bringing the action is the prevailing party, the court shall award that person:
(a) Declaratory and injunctive relief.
(b) For the first violation, $1,000 or actual damages, whichever is greater.
(c) For the second violation, $2,500, treble the amount of actual damages and reasonable attorneys fees and costs, if any.
(d) For the third and all subsequent violations, $5,000, treble the amount of actual damages, reasonable attorneys fees and costs, if any, and punitive damages, which are subject to the provisions of NRS 42.005.
3. An action may not be brought pursuant to this section against a natural person employed by a reseller, a secondary ticket exchange or any affiliate of a reseller or secondary ticket exchange.
Sec. 10. NRS 598.3983 is hereby amended to read as follows:
598.3983 Unless a greater penalty is provided in NRS 598.0999 or 598.3984, a person who knowingly violates the provisions of NRS 598.397 to 598.3984, inclusive, and sections 2 to 5, inclusive, of this act is guilty of a misdemeanor.
κ2025 Statutes of Nevada, Page 1241 (CHAPTER 201, SB 338)κ
Sec. 11. NRS 598.3984 is hereby amended to read as follows:
598.3984 1. A person who willfully and knowingly violates the provisions of NRS 598.397 to 598.3984, inclusive, and sections 2 to 5, inclusive, of this act relating to the sale of a ticket to an entertainment facility which is operated by a governmental entity or a public-private partnership is guilty of a gross misdemeanor.
2. As used in this section:
(a) Governmental entity means:
(1) The government of this State;
(2) An agency of the government of this State;
(3) A political subdivision of this State; and
(4) An agency of a political subdivision of this State.
(b) Public-private partnership means a contract entered into by a person and a governmental entity for the support of an entertainment facility.
Sec. 12. NRS 598.39795 is hereby repealed.
________
Senate Bill No. 349Senator Pazina
Joint Sponsors: Assemblymembers Dalia, Edgeworth, Gonzαlez, Gray, Jackson and Nguyen
CHAPTER 202
[Approved: May 31, 2025]
AN ACT relating to anatomical gifts; authorizing a procurement organization to transport or arrange for the transportation of the body or part of a deceased donor under certain circumstances; authorizing a coroner to require a procurement organization to provide notice of such transportation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Revised Uniform Anatomical Gift Act establishes the rights of donors and other persons to affirmatively make anatomical gifts of human bodies and parts for the purpose of transplantation, therapy, research or education. (NRS 451.500-451.598) The Uniform Act also sets forth the rights and duties of organizations that procure anatomical gifts. (NRS 451.579) This bill authorizes a procurement organization to transport, or arrange for the transportation of, the body or part of a deceased donor if medical equipment is necessary to ensure the medical suitability of the body or part. This bill also authorizes a coroner to require a procurement organization to notify the coroner if the procurement organization provides or arranges for such transportation within the jurisdiction of the coroner.
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 451.579 is hereby amended to read as follows:
451.579 1. When a hospital refers a natural person at or near death to a procurement organization, the organization shall make a reasonable search of the records of any donor registry that it knows exists for the geographical area in which the natural person resides to ascertain whether the natural person has made an anatomical gift.
κ2025 Statutes of Nevada, Page 1242 (CHAPTER 202, SB 349)κ
of the records of any donor registry that it knows exists for the geographical area in which the natural person resides to ascertain whether the natural person has made an anatomical gift.
2. When a hospital refers a natural person at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the natural person expressed a contrary intent.
3. Unless prohibited by law other than NRS 451.500 to 451.598, inclusive, at any time after a donors death, the person to which a part passes under NRS 451.571 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.
4. Unless prohibited by law other than NRS 451.500 to 451.598, inclusive, an examination under subsection 2 or 3 may include an examination of all medical and dental records of the donor or prospective donor.
5. Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.
6. Upon referral by a hospital under subsection 1, a procurement organization shall make a reasonable search for any person listed in NRS 451.566 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended or revoked, it shall promptly advise the other person of all relevant information.
7. Subject to subsection 10 of NRS 451.571 and 451.597, the rights of the person to which a part passes under NRS 451.571 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and NRS 451.500 to 451.598, inclusive, a person that accepts an anatomical gift of an entire body may allow embalming, burial or cremation, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under NRS 451.571, upon the death of the donor and before embalming, burial or cremation, shall cause the part to be removed without unnecessary mutilation.
8. Neither the physician who attends the decedent at death nor the physician who determines the time of the decedents death may participate in the procedures for removing or transplanting a part from the decedent.
9. A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.
10. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift, if an anatomical gift of a part has been made for the purpose of transplantation or therapy and the part is medically suitable for that purpose, the appropriate procurement organization shall discuss with a person authorized to make an anatomical gift under NRS 451.556 the persons willingness to make an anatomical gift of any other part for the purpose of research or education.
κ2025 Statutes of Nevada, Page 1243 (CHAPTER 202, SB 349)κ
11. A procurement organization may transport within this State, or arrange for the transportation within this State of, the body or part of a deceased donor if medical equipment is necessary to ensure the medical suitability of the body or part.
12. A county coroner may require a procurement organization to notify the coroner, in such manner as the coroner may prescribe, if the procurement organization transports or arranges for the transportation of a body or part of a deceased donor pursuant to subsection 11 within the jurisdiction of the coroner.
Sec. 2. This act becomes effective on July 1, 2025.
________
Senate Bill No. 370Senator Taylor
CHAPTER 203
[Approved: May 31, 2025]
AN ACT relating to manufactured housing; revising provisions governing the issuance of a new certificate of title by the Housing Division of the Department of Business and Industry for a manufactured home, mobile home or commercial coach when the previously issued certificate of title is unavailable; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth various requirements and restrictions relating to the issuance of a certificate of title by the Housing Division of the Department of Business and Industry for a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing. (NRS 489.501-489.585) Under existing law, if a person who is applying for the issuance of a certificate of ownership for a manufactured home, mobile home or commercial coach from the Division is unable to present the previously issued certificate of title because it is unavailable, the Division is authorized to: (1) receive the application, examine the circumstances of the case and require the filing of affidavits or other information; and (2) issue a new certificate of title to the applicant when the Division is satisfied that the applicant is entitled to the certificate. (NRS 489.561) Existing law: (1) provides an additional procedure for obtaining a certificate of title if the applicant is unable to provide satisfactory information to the Division that the applicant is entitled to the certificate, which involves the provision of a bond by the applicant and an inspection by the Division; and (2) requires the Administrator of the Division to adopt regulations regarding this procedure. (NRS 489.562, 489.585) Sections 2 and 3 of this bill require, under either procedure, the Division to either issue a new certificate of title to an applicant or deny the application within 45 days after the date on which the requirements for applying for a certificate of title have been completed. Sections 2 and 3 require the Division to provide an applicant with written notification of and the reasons for the denial of the application. Section 4 of this bill requires the Administrator to adopt regulations to establish an expedited process for the issuance of a new certificate of title by the Division under either procedure.
Existing law requires the Division to adopt regulations providing for fees for services provided by the Division. (NRS 489.481) Section 1 of this bill specifically requires the adoption by regulation of a fee for the expedited process for the issuance of a certificate of title required to be established in section 4.
κ2025 Statutes of Nevada, Page 1244 (CHAPTER 203, SB 370)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 489.481 is hereby amended to read as follows:
489.481 The Division shall adopt regulations providing fees for:
1. Certificates of installation;
2. Labels of installation;
3. Certificates of compliance;
4. Labels of compliance;
5. Certificates of title [;] , including, without limitation, a fee for the expedited process for the issuance of a certificate of title required by NRS 489.585;
6. Licenses of manufacturers, dealers, distributors, salespersons, responsible managing employees, general servicepersons and specialty servicepersons;
7. Licenses for branch offices; and
8. Any other services provided by the Division.
Sec. 2. NRS 489.561 is hereby amended to read as follows:
489.561 1. Whenever an application is made to the Division for title of a manufactured home, mobile home or commercial coach previously titled and the applicant is unable to present the certificate of title previously issued because it is lost or being unlawfully detained by one in possession or is not otherwise available, the Division may receive the application and examine the circumstances of the case and require the filing of affidavits or other information. [When]
2. Within 45 days after the date on which the Division [is satisfied that the applicant is entitled to a certificate of title, or pursuant to NRS 489.562, it may issue the] receives the application and any information required pursuant to subsection 1, the Division shall:
(a) Issue to the applicant a new certificate [on] of title for the manufactured home, mobile home or commercial coach [.] if the Division is satisfied that the applicant is entitled to the certificate; or
(b) Deny the application. If the Division denies the application, the Division shall provide written notification of the denial and the reasons for the denial to the applicant within 10 days after the denial.
Sec. 3. NRS 489.562 is hereby amended to read as follows:
489.562 1. If [an applicant] the application of a person who is seeking a certificate of title [is unable to provide the information required by the Division] pursuant to NRS 489.561 [and satisfy the Division that the applicant is entitled to a certificate of title pursuant to that section,] is denied, the [applicant] person may [obtain] :
(a) Submit an application for a new certificate of title [from] to the Division [by:
(a) Filing] pursuant to this section;
(b) File a bond with the Division that meets the requirements of subsection [3;] 4; and
[(b) Allowing]
(c) Allow the Division to inspect the manufactured home, mobile home or commercial coach for compliance with the safety standards and other requirements provided in regulations adopted by the Administrator pursuant to NRS 489.251.
κ2025 Statutes of Nevada, Page 1245 (CHAPTER 203, SB 370)κ
2. Within 45 days after the date on which the Division receives an application and bond pursuant to paragraphs (a) and (b) of subsection 1 and completes the inspection required pursuant to paragraph (c) of subsection 1, the Division shall:
(a) Issue to the applicant a new certificate of title for the manufactured home, mobile home or commercial coach if the Division finds that:
(1) The bond meets the requirements of subsection 4; and
(2) The manufactured home, mobile home or commercial coach complies with the standards and other requirements set forth in paragraph (c) of subsection 1; or
(b) Deny the application. If the Division denies the application, the Division shall provide written notification of the denial and the reasons for the denial to the applicant within 10 days after the denial.
3. Any person damaged by the issuance of a certificate of title pursuant to this section has a right of action to recover on the bond for any breach of its conditions, except the aggregate liability of the surety to all persons must not exceed the amount of the bond.
[3.] 4. The bond required pursuant to subsection 1 must be:
(a) In a form prescribed by the Division;
(b) Executed by the applicant as principal and by a corporation qualified under the laws of this State as surety;
(c) In an amount equal to one and one-half times the most recent assessed value assigned by the relevant county assessor to the manufactured home, mobile home or commercial coach; and
(d) Conditioned to indemnify any:
(1) Prior owner or lienholder of the manufactured home, mobile home or commercial coach, and his or her successors in interest;
(2) Subsequent purchaser of the manufactured home, mobile home or commercial coach, and his or her successors in interest; or
(3) Person acquiring a security interest in the manufactured home, mobile home or commercial coach, and his or her successors in interest,
Κ against any expense, loss or damage because of the issuance of the certificate of title or because of any defect in or undisclosed security interest in the applicants right or title to the manufactured home, mobile home or commercial coach or the applicants interest in the manufactured home, mobile home or commercial coach.
[4.] 5. A right of action does not exist in favor of any person by reason of any action or failure to act on the part of the Division or any officer or employee thereof in carrying out the provisions of this section, or in giving or failing to give any information concerning the legal ownership of a manufactured home, mobile home or commercial coach or the existence of a certificate of title obtained pursuant to this section.
Sec. 4. NRS 489.585 is hereby amended to read as follows:
489.585 The Administrator shall adopt regulations pertaining to:
1. The establishment of an expedited process for the issuance of a certificate of title pursuant to NRS 489.561 or 489.562;
2. The issuance of a certificate of title pursuant to NRS 489.562; and
[2.] 3. The issuance and revocation of a certificate of title in beneficiary form and a change in beneficiary for such a certificate of title pursuant to NRS 489.564.
Sec. 5. 1. This section becomes effective upon passage and approval.
2. Sections 2 and 3 of this act become effective on October 1, 2025.
3. Sections 1 and 4 of this act become effective:
κ2025 Statutes of Nevada, Page 1246 (CHAPTER 203, SB 370)κ
(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.
________
Senate Bill No. 371Senators Steinbeck and Doρate
CHAPTER 204
[Approved: May 31, 2025]
AN ACT relating to crimes; revising provisions relating to warnings against trespassing; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that any person who, under circumstances not amounting to a burglary, willfully goes or remains upon any land or in any building after having been warned during the previous 24 months by the owner or occupant thereof not to trespass is guilty of a misdemeanor. (NRS 207.200) Section 5 of this bill extends the period relating to such a warning from 24 months to 36 months.
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 1-4. (Deleted by amendment.)
Sec. 5. NRS 207.200 is hereby amended to read as follows:
207.200 1. Unless a greater penalty is provided pursuant to NRS 200.603, any person who, under circumstances not amounting to a burglary:
(a) Goes upon the land or into any building of another with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act; or
(b) Willfully goes or remains upon any land or in any building after having been warned during the previous [24] 36 months by the owner or occupant thereof not to trespass,
Κ is guilty of a misdemeanor. The meaning of this subsection is not limited by subsections 2 and 4.
2. A sufficient warning against trespassing, within the meaning of this section, is given by any of the following methods:
(a) Painting with fluorescent orange paint:
(1) Not less than 50 square inches of a structure or natural object or the top 12 inches of a post, whether made of wood, metal or other material, at:
(I) Intervals of such a distance as is necessary to ensure that at least one such structure, natural object or post would be within the direct line of sight of a person standing next to another such structure, natural object or post, but at intervals of not more than 1,000 feet; and
(II) Each corner of the land, upon or near the boundary; and
(2) Each side of all gates, cattle guards and openings that are designed to allow human ingress to the area;
κ2025 Statutes of Nevada, Page 1247 (CHAPTER 204, SB 371)κ
(b) Fencing the area;
(c) Posting no trespassing signs or other notice of like meaning at:
(1) Intervals of such a distance as is necessary to ensure that at least one such sign would be within the direct line of sight of a person standing next to another such sign, but at intervals of not more than 500 feet; and
(2) Each corner of the land, upon or near the boundary;
(d) Using the area as cultivated land; or
(e) By the owner or occupant of the land or building making an oral or written demand to any guest to vacate the land or building.
3. It is prima facie evidence of trespass for any person to be found on private or public property which is posted or fenced as provided in subsection 2 without lawful business with the owner or occupant of the property.
4. An entryman on land under the laws of the United States is an owner within the meaning of this section.
5. As used in this section:
(a) Cultivated land means land that has been cleared of its natural vegetation and is presently planted with a crop.
(b) Fence means a barrier sufficient to indicate an intent to restrict the area to human ingress, including, but not limited to, a wall, hedge or chain link or wire mesh fence. The term does not include a barrier made of barbed wire.
(c) Guest means any person entertained or to whom hospitality is extended, including, but not limited to, any person who stays overnight. The term does not include a tenant as defined in NRS 118A.170.
________
Senate Bill No. 372Senator Steinbeck
CHAPTER 205
[Approved: May 31, 2025]
AN ACT relating to the care of children; revising provisions relating to the circumstances under which a person is not considered to have abused or neglected a child or to have injured, harmed or threatened the health or welfare of a child; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law: (1) defines the term abuse or neglect of a child for the purposes of existing law regarding the protection of children from abuse or neglect; and (2) sets forth certain circumstances in which a child is not considered to be abused or neglected and the health or welfare of the child is not considered to be harmed or threatened, such as when the parent of the child delivers the child to a provider of emergency services in accordance with certain requirements or when the parent or guardian of the child, in good faith, selects and depends upon nonmedical remedial treatment for the child. (NRS 432B.020) Section 1 of this bill adds to the list of such circumstances in which a child is not considered to be abused or neglected and the health or welfare of the child is not considered to be harmed or threatened the circumstances in which the parent or guardian of the child: (1) seeks to have the child admitted into a public or private mental health facility or hospital if the behavioral health needs of the child pose a risk to the safety and welfare of the family; or (2) brings into the home of the child a biological, foster or adoptive child whose behavioral health needs pose a risk to the safety and welfare of the family.
κ2025 Statutes of Nevada, Page 1248 (CHAPTER 205, SB 372)κ
Existing law establishes procedures governing the termination of parental rights. (Chapter 128 of NRS) Existing law: (1) defines the term injury as it relates to the health and welfare of a child and the termination of parental rights; and (2) sets forth certain circumstances in which the health and welfare of a child are not considered to be injured, such as when the childs parent or guardian, in the practice of his or her religious beliefs, selects and depends upon nonmedical remedial treatment for the child, if such treatment is recognized and permitted under the laws of this State. (NRS 128.013) Section 2 of this bill adds to the list of such circumstances in which the health and welfare of a child are not considered to be injured the circumstances in which the parent or guardian of a child: (1) seeks to have the child admitted into a public or private mental health facility or hospital if the behavioral health needs of the child pose a risk to the safety and welfare of the family; or (2) brings into the home of the child a biological, foster or adoptive child whose behavioral health needs pose a risk to the safety and welfare of the family.
Existing law: (1) establishes criminal liability relating to abuse or neglect of a child under certain circumstances by prohibiting a person who is responsible for the safety or welfare of a child from permitting or allowing the child to be placed in a situation where the child may suffer unjustifiable physical pain or mental suffering as the result of abuse or neglect; and (2) provides that such a person does not commit such abuse or neglect solely because the person delivers or allows the delivery of a child to a provider of emergency services. (NRS 200.508) Section 4 of this bill similarly provides that a person who is responsible for the safety or welfare of a child does not commit abuse or neglect of a child solely because the person: (1) seeks to have the child admitted into a public or private mental health facility or hospital if the behavioral health needs of the child pose a risk to the safety and welfare of the family; or (2) brings into the home of the child a biological, foster or adoptive child whose behavioral health needs pose a risk to the safety and welfare of the family. Section 3 of this bill makes a conforming change to refer to provisions that have been renumbered by section 4.
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 432B.020 is hereby amended to read as follows:
432B.020 1. Abuse or neglect of a child means, except as otherwise provided in subsection 2:
(a) Physical or mental injury of a nonaccidental nature;
(b) Sexual abuse or sexual exploitation; or
(c) Negligent treatment or maltreatment as set forth in NRS 432B.140,
Κ of a child caused or allowed by a person responsible for the welfare of the child under circumstances which indicate that the childs health or welfare is harmed or threatened with harm.
2. A child is not abused or neglected, nor is the health or welfare of the child harmed or threatened for the sole reason that:
(a) The parent of the child delivers the child to a provider of emergency services pursuant to NRS 432B.630, if the parent complies with the requirements of paragraph (a) of subsection 3 of that section; [or]
(b) The parent or guardian of the child, in good faith, selects and depends upon nonmedical remedial treatment for such child, if such treatment is recognized and permitted under the laws of this State in lieu of medical treatment. This paragraph does not limit the court in ensuring that a child receive a medical examination and treatment pursuant to NRS 62E.280 [.] ;
κ2025 Statutes of Nevada, Page 1249 (CHAPTER 205, SB 372)κ
(c) The parent or guardian of the child seeks to have the child admitted into a public or private mental health facility or hospital if the behavioral health needs of the child pose a risk to the safety and welfare of the family; or
(d) The parent or guardian of the child brings into the home of the child a biological, foster or adoptive child whose behavioral health needs pose a risk to the safety and welfare of the family.
3. As used in this section, allow means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that a child is abused or neglected.
Sec. 2. NRS 128.013 is hereby amended to read as follows:
128.013 1. Injury to a childs health or welfare occurs when the parent, guardian or custodian:
(a) Inflicts or allows to be inflicted upon the child, physical, mental or emotional injury, including injuries sustained as a result of excessive corporal punishment;
(b) Commits or allows to be committed against the child, sexual abuse as defined in NRS 432B.100;
(c) Neglects or refuses to provide for the child proper or necessary subsistence, education or medical or surgical care, although he or she is financially able to do so or has been offered financial or other reasonable means to do so; or
(d) Fails, by specific acts or omissions, to provide the child with adequate care, supervision or guardianship under circumstances requiring the intervention of:
(1) An agency which provides child welfare services; or
(2) The juvenile or family court itself.
2. A childs health or welfare is not considered injured solely because [the] :
(a) The childs parent or guardian, in the practice of his or her religious beliefs, selects and depends upon nonmedical remedial treatment for the child, if such treatment is recognized and permitted under the laws of this State [.] ;
(b) The parent or guardian of the child seeks to have the child admitted into a public or private mental health facility or hospital if the behavioral health needs of the child pose a risk to the safety and welfare of the family; or
(c) The parent or guardian of the child brings into the home of the child a biological, foster or adoptive child whose behavioral health needs pose a risk to the safety and welfare of the family.
Sec. 3. NRS 200.359 is hereby amended to read as follows:
200.359 1. A person having a limited right of custody to a child by operation of law or pursuant to an order, judgment or decree of any court, including a judgment or decree which grants another person rights to custody or visitation of the child, or any parent having no right of custody to the child, who:
(a) In violation of an order, judgment or decree of any court willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child; or
(b) In the case of an order, judgment or decree of any court that does not specify when the right to physical custody or visitation is to be exercised, removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation,
κ2025 Statutes of Nevada, Page 1250 (CHAPTER 205, SB 372)κ
removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation,
Κ is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. Except as otherwise provided in this subsection, a parent who has joint legal and physical custody of a child pursuant to NRS 125C.0015 shall not willfully conceal or remove the child from the custody of the other parent with the specific intent to frustrate the efforts of the other parent to establish or maintain a meaningful relationship with the child. A person who violates this subsection shall be punished as provided in subsection 1 unless the person demonstrates to the satisfaction of the court that he or she violated this subsection to protect the child or himself or herself from an act that constitutes domestic violence pursuant to NRS 33.018.
3. If the mother of a child has primary physical custody pursuant to subsection 2 of NRS 125C.003, the father of the child shall not willfully conceal or remove the child from the physical custody of the mother. If the father of a child has primary physical custody pursuant to subsection 2 of NRS 125C.003, the mother of the child shall not willfully conceal or remove the child from the physical custody of the father. A person who violates this subsection shall be punished as provided in subsection 1.
4. A parent who has joint physical custody of a child pursuant to an order, judgment or decree of a court shall not relocate with the child pursuant to NRS 125C.0065 without the written consent of the non-relocating parent or before the court enters an order granting the parent primary physical custody of the child and permission to relocate with the child, as applicable. A person who violates this subsection shall be punished as provided in subsection 1.
5. A parent who has primary physical custody of a child pursuant to an order, judgment or decree of a court shall not relocate with the child pursuant to NRS 125C.006 without the written consent of the non-relocating parent or the permission of the court. A person who violates this subsection shall be punished as provided in subsection 1.
6. Before an arrest warrant may be issued for a violation of this section, the court must find that:
(a) This is the home state of the child, as defined in NRS 125A.085; and
(b) There is cause to believe that the entry of a court order in a civil proceeding brought pursuant to chapter 125, 125A or 125C of NRS will not be effective to enforce the rights of the parties and would not be in the best interests of the child.
7. Upon conviction for a violation of this section, the court shall order the defendant to pay restitution for any expenses incurred in locating or recovering the child.
8. The prosecuting attorney may recommend to the judge that the defendant be sentenced as for a misdemeanor and the judge may impose such a sentence if the judge finds that:
(a) The defendant has no prior conviction for this offense and the child has suffered no substantial harm as a result of the offense; or
(b) The interests of justice require that the defendant be punished as for a misdemeanor.
9. A person who aids or abets any other person to violate this section shall be punished as provided in subsection 1.
κ2025 Statutes of Nevada, Page 1251 (CHAPTER 205, SB 372)κ
10. In addition to the exemption set forth in subsection 11, subsections 4 and 5 do not apply to a person who demonstrates a compelling excuse, to the satisfaction of the court, for relocating with a child in violation of NRS 125C.006 or 125C.0065.
11. This section does not apply to a person who detains, conceals, removes or relocates with a child to protect the child from the imminent danger of abuse or neglect or to protect himself or herself from imminent physical harm, and reported the detention, concealment, removal or relocation to a law enforcement agency or an agency which provides child welfare services within 24 hours after detaining, concealing, removing or relocating with the child, or as soon as the circumstances allowed. As used in this subsection:
(a) Abuse or neglect has the meaning ascribed to it in paragraph (a) of subsection [4] 5 of NRS 200.508.
(b) Agency which provides child welfare services has the meaning ascribed to it in NRS 432B.030.
Sec. 4. NRS 200.508 is hereby amended to read as follows:
200.508 1. A person who willfully causes a child who is less than 18 years of age to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect:
(a) If substantial bodily or mental harm results to the child:
(1) If the child is less than 14 years of age and the harm is the result of sexual abuse or exploitation, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served; or
(2) In all other such cases to which subparagraph (1) does not apply, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years; or
(b) If substantial bodily or mental harm does not result to the child:
(1) If the person has not previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years; or
(2) If the person has previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years,
Κ unless a more severe penalty is prescribed by law for an act or omission that brings about the abuse or neglect.
2. A person who is responsible for the safety or welfare of a child pursuant to NRS 432B.130 and who permits or allows that child to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect:
(a) If substantial bodily or mental harm results to the child:
(1) If the child is less than 14 years of age and the harm is the result of sexual abuse or exploitation, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
κ2025 Statutes of Nevada, Page 1252 (CHAPTER 205, SB 372)κ
punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
(2) In all other such cases to which subparagraph (1) does not apply, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years; or
(b) If substantial bodily or mental harm does not result to the child:
(1) If the person has not previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a gross misdemeanor; or
(2) If the person has previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a category C felony and shall be punished as provided in NRS 193.130,
Κ unless a more severe penalty is prescribed by law for an act or omission that brings about the abuse or neglect.
3. A person does not commit a violation of subsection 1 or 2 by virtue of the sole fact that the person delivers or allows the delivery of a child to a provider of emergency services pursuant to NRS 432B.630.
4. A person who is responsible for the safety or welfare of a child pursuant to NRS 432B.130 does not commit a violation of subsection 1 or 2 by virtue of the sole fact that:
(a) The person seeks to have the child admitted into a public or private mental health facility or hospital if the behavioral health needs of the child pose a risk to the safety and welfare of the family; or
(b) The person brings into the home of the child a biological, foster or adoptive child whose behavioral health needs pose a risk to the safety and welfare of the family.
5. As used in this section:
(a) Abuse or neglect means physical or mental injury of a nonaccidental nature, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a child under the age of 18 years, as set forth in paragraph (d) and NRS 432B.070, 432B.100, 432B.110, 432B.140 and 432B.150, under circumstances which indicate that the childs health or welfare is harmed or threatened with harm.
(b) Allow means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that the child is abused or neglected.
(c) Permit means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care, custody and control of a minor child.
(d) Physical injury means:
(1) Permanent or temporary disfigurement; or
(2) Impairment of any bodily function or organ of the body.
(e) Substantial mental harm means an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by an observable and substantial impairment of the ability of the child to function within his or her normal range of performance or behavior.
________
κ2025 Statutes of Nevada, Page 1253κ
Senate Bill No. 375Senator Pazina
CHAPTER 206
[Approved: May 31, 2025]
AN ACT relating to credit unions; authorizing a credit union which is a low-income credit union to issue shares to nonmembers under certain circumstances; authorizing the Commissioner of Financial Institutions to temporarily suspend certain regulations under certain circumstances; requiring the Commissioner to approve or deny an application to open an additional office within 60 days after receipt of the application; revising requirements for the par value of shares of a credit union; revising provisions relating to certain operations of a credit union; revising requirements for the board of directors of a credit union; revising provisions relating to membership in a credit union; revising provisions relating to certain reserves, loans and investments of a credit union; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the regulation and oversight of certain credit unions by the Commissioner of Financial Institutions. (Chapter 672 of NRS) Section 2 of this bill authorizes the Commissioner to issue an order which temporarily suspends a regulation of the Commissioner relating to credit unions for not more than 90 days: (1) during a state of emergency or declaration of disaster; or (2) if the Commissioner determines the order is in the public interest. Section 2 requires: (1) such an order to contain certain information and meet certain requirements; and (2) the Commissioner to provide written notice and a copy of any such order to any credit union subject to the authority of the Commissioner. Section 15 of this bill exempts any order issued by the Commissioner pursuant to section 2 from the requirements of the Nevada Administrative Procedure Act.
Existing law requires an application which is submitted to the Secretary of State to organize a credit union to establish the par value of the shares, which must be $5 or some multiple thereof. (NRS 672.310) Section 3 of this bill reduces the required par value to $1 or some multiple thereof. Section 9 of this bill authorizes the bylaws of the credit union to: (1) specify a dollar amount for the par value of a share; or (2) require the par value of a share to be determined from time to time by resolution of the board of directors. Section 1 of this bill authorizes a credit union that qualifies and is approved for designation as a low-income credit union to issue shares to nonmembers under certain circumstances.
Existing law authorizes a credit union to maintain an office at a location other than the main office, with the approval of the Commissioner, if the office is reasonably necessary to furnish service to its members. (NRS 672.330) Section 4 of this bill: (1) removes the requirement to determine whether an office is reasonably necessary to furnish such service; and (2) requires the Commissioner to approve or deny any application to open an additional office within 60 days after receiving the application.
Existing law requires vacancies in the board of directors of a credit union to be filled by vote of the members of the credit union at the annual meeting or at a special meeting called for that purpose. Existing law also authorizes the board to temporarily fill such a vacancy until the next annual meeting or special meeting. (NRS 672.350) Section 5 of this bill authorizes the board to fill such a vacancy for the remainder of the unexpired term, after which the seat is required to be filled by vote of the members of the credit union according to the established procedures of the credit union for nomination and election.
κ2025 Statutes of Nevada, Page 1254 (CHAPTER 206, SB 375)κ
Existing law requires the board of directors of a credit union to meet not less than once a month. (NRS 672.360) Section 6 of this bill requires the board to meet not less than six times during each calendar year, including not less than one time during each calendar quarter. Section 6 also authorizes the Commissioner to require the board to meet more frequently if the Commissioner determines it is necessary to address matters relating to an examination. Finally, section 6 authorizes the board to conduct a meeting through certain electronic means under certain circumstances. Section 10 of this bill similarly authorizes members of a credit union to participate in a meeting through certain electronic means under certain circumstances.
Existing law authorizes the board of directors to appoint membership officers from the members of the credit union to act upon membership applications. (NRS 672.380) Section 7 of this bill authorizes the board to appoint officers, directors or employees of the credit union to act as membership officers. Existing law requires the membership of a particular credit union to be limited to certain persons, including those who have: (1) paid the entrance fee provided in the bylaws; and (2) subscribed for one or more shares and have paid the initial installment thereon. (NRS 672.510) Section 8 of this bill authorizes a credit union to pay such an entrance fee, cost of shares or initial installment for a prospective member under certain circumstances if such a promotion is equally available to any prospective member.
Existing law sets forth requirements relating to the regular reserves of a credit union. (NRS 672.670) Section 11 of this bill removes those specific requirements and instead requires a credit union to comply with certain provisions of federal regulations. Existing law authorizes a credit union to make loans to members under certain circumstances. (NRS 672.710) Section 12 of this bill revises certain requirements for the making of loans and authorizes a nonmember to participate in an obligation or extension of credit to a member, under certain circumstances, as a joint applicant, joint obligor, co-borrower, surety or guarantor. Existing law authorizes a credit union to make certain investments with money not used in loans to members. (NRS 672.760) Section 13 of this bill adds, under certain circumstances, municipal bonds which are issued by a public entity outside of this State to the list of permissible investments a credit union may make. Section 14 of this bill: (1) removes certain limitations on a credit union regarding investing in fixed assets; and (2) authorizes a credit union to purchase, hold and dispose of property necessary or incidental to the operations of the credit union in compliance with certain federal regulations.
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 672 of NRS is hereby amended by adding thereto a new section to read as follows:
A credit union that qualifies and is approved for designation as a low-income credit union pursuant to 12 C.F.R. § 701.34, as amended, may issue shares to nonmembers. The total number of shares issued by the credit union to nonmembers must not exceed 20 percent of the unimpaired capital and surplus of the credit union unless the credit union obtains written authorization from the Commissioner.
Sec. 2. NRS 672.250 is hereby amended to read as follows:
672.250 [The] 1. Except as otherwise provided in this section, the Commissioner shall administer the provisions of this chapter, subject to administrative supervision by the Director.
2. The Commissioner shall make the decisions and determinations and adopt regulations which are necessary or reasonably appropriate to accomplish the purposes of this chapter.
κ2025 Statutes of Nevada, Page 1255 (CHAPTER 206, SB 375)κ
3. The Commissioner may issue an order to temporarily suspend a regulation of the Commissioner adopted pursuant to this chapter, in accordance with the requirements of this section, if:
(a) The Governor or the Legislature proclaims the existence of a state of emergency or issues a declaration of disaster pursuant to NRS 414.070; or
(b) The Commissioner determines that the order is in the public interest.
4. An order issued pursuant to subsection 3:
(a) Is effective for not more than 90 days unless the Commissioner extends the order for one additional period of not more than 90 days. The Commissioner shall not extend an order issued pursuant to paragraph (b) of subsection 3 more than once.
(b) Must include:
(1) The regulation that the order suspends;
(2) The specific reason for the order, including, without limitation, the public interest which is served by the order, if applicable; and
(3) The date on which the order becomes effective and the date on which the order terminates.
5. If the Commissioner issues an order to temporarily suspend a regulation pursuant to subsection 3, the Commissioner shall promptly provide written notice and a copy of the order to any credit union subject to the provisions of this chapter.
Sec. 3. NRS 672.310 is hereby amended to read as follows:
672.310 1. The Secretary of State shall not issue any certificate of incorporation to any credit union authorizing it to do business in this state until the articles of incorporation are approved by the Commissioner.
2. An amendment to the articles of incorporation may not be filed by the Secretary of State without the written approval of the Commissioner.
3. Not less than seven persons who are residents of Nevada, have a common bond and are of legal age who desire to organize a credit union under this chapter shall first execute in triplicate an application, upon forms to be issued by the Commissioner, for permission to organize an association. The applicants shall submit with or include in their application:
(a) A copy of the articles of incorporation which must comply with the provisions of NRS 81.440 except where those provisions conflict with the provisions of this chapter.
(b) The par value of the shares, which must be [$5] $1 or some multiple thereof.
(c) The names and addresses of the applicants and an itemized account of the financial condition of the applicants and the proposed credit union.
(d) The name, which must include the words credit union, and the principal place of business.
(e) Any additional information which the Commissioner may require to determine the character and responsibility of the applicants and the need for a credit union in the community to be served.
Κ The incorporators shall submit a set of proposed bylaws to the Commissioner with their application and the bylaws when approved by the Commissioner are effective upon filing the articles of incorporation. The Commissioner shall approve or disapprove the application within 30 days following its receipt.
4. Every application for permission to organize, as provided for in this section, must be accompanied by an application fee and a fee payment to cover expenses attendant upon the investigation required for approval.
κ2025 Statutes of Nevada, Page 1256 (CHAPTER 206, SB 375)κ
cover expenses attendant upon the investigation required for approval. The amount of the fees must be established by regulation adopted by the Commissioner.
5. The subscribers for a credit union charter shall not transact any business until formal approval of the charter has been received.
Sec. 4. NRS 672.330 is hereby amended to read as follows:
672.330 1. A credit union may maintain, with the approval of the Commissioner, offices at locations other than its main office . [if the maintenance of] The Commissioner shall approve or deny any application to open an additional office within 60 days after the [offices is reasonably necessary to furnish service to its members.] date on which the Commissioner receives the application.
2. A credit union may change its principal place of business within this state upon providing written notice to the Division of Financial Institutions.
3. A credit union may share office space with one or more credit unions and contract with a corporation to provide facilities or personnel.
Sec. 5. NRS 672.350 is hereby amended to read as follows:
672.350 1. The business affairs of a credit union shall be directed by an odd-numbered board of not fewer than five directors to be elected at the annual meetings by and from the members, and an audit and credit committee if appointed by the board. The persons designated in the articles of incorporation shall be the first directors.
2. All members of the board and such committees shall hold office for such terms as the bylaws may provide.
3. Vacancies in the board of directors shall be filled by vote of the [members at the annual meeting or at a special meeting called for that purpose. The] board [may fill any vacancies occurring in] of directors for the remainder of the [board until successors elected at] unexpired term, after which the [annual meeting or special meeting have qualified.] seat shall be filled by vote of the members according to the established procedures of the credit union for nomination and election.
4. The board shall also fill vacancies in the credit and audit committees.
Sec. 6. NRS 672.360 is hereby amended to read as follows:
672.360 1. [The] Except as otherwise provided in subsection 2, the board of directors is responsible for the general direction of the affairs, funds and records of the credit union and shall meet as often as necessary to accomplish their duties, but not less than [once a month.] six times during each calendar year, including not less than one time during each calendar quarter.
2. The Commissioner may require the board to meet more frequently than six times during any calendar year if the Commissioner determines it is necessary to address matters relating to an examination conducted pursuant to this chapter.
3. The board may appoint an executive committee of not less than three directors who may be authorized, by a majority vote of the whole board, to act for the board subject to any conditions or limitations the board may prescribe.
4. Except as otherwise provided in the articles of incorporation or the bylaws, the board of directors may conduct a meeting through electronic communications, videoconferencing, teleconferencing or other available technology which allows the directors to communicate simultaneously or sequentially. Participating in a meeting pursuant to this subsection constitutes presence in person at the meeting.
κ2025 Statutes of Nevada, Page 1257 (CHAPTER 206, SB 375)κ
Sec. 7. NRS 672.380 is hereby amended to read as follows:
672.380 The directors may:
1. Act upon applications for membership or appoint one or more membership officers from the members of the credit union or from the officers, directors or employees of the credit union to act upon membership applications subject to conditions imposed by the board. If membership officers are appointed they shall submit at each board meeting a list of approved or pending applications for membership.
2. Invest surplus funds or designate an officer or committee to be responsible for making investments subject to rules and procedures established by the board of directors.
3. Authorize the employment of persons necessary to carry on the business of the credit union.
4. Authorize the conveyance of property.
5. Borrow or lend money to carry on the functions of the credit union.
6. Appoint any special committees which the board feels necessary to carry on the business of the credit union.
7. Perform or authorize any action not inconsistent with this chapter and not specifically reserved by the bylaws for the members.
8. Employ a general manager to be in charge of operations or, in lieu thereof, designate the treasurer to act as general manager and be in active charge of the affairs of the credit union.
9. Amend the bylaws of the credit union.
Sec. 8. NRS 672.510 is hereby amended to read as follows:
672.510 1. The membership of a particular credit union shall be limited to the subscribers to the articles of incorporation and such other persons who have:
(a) The common bond set forth in the bylaws;
(b) [Paid the] Except as otherwise provided in subsection 2, paid an entrance fee , if an entrance fee is provided for in the bylaws;
(c) [Subscribed] Except as otherwise provided in subsection 2, subscribed for one or more shares and have paid the initial installment thereon; and
(d) Complied with other requirements specified in the articles of incorporation or bylaws.
2. A credit union may, in connection with a promotion that is equally available to any prospective member, pay either or both of the following for any prospective member who otherwise qualifies for membership:
(a) Any entrance fee required by paragraph (b) of subsection 1; or
(b) The cost of the shares or the initial installment required by paragraph (c) of subsection 1.
3. The common bond required for membership in credit unions organized under the provisions of this chapter may include, but are not limited to persons who:
(a) Have a similar occupation, association or interest;
(b) Reside within [an identifiable] a well-defined neighborhood, community or rural district; or
(c) Are employed by the same employer,
Κ and members of the immediate families of such persons.
[3.] 4. Any member of a credit union who loses the bond that is characteristic of all other members may be permitted to retain his or her membership in the credit union at the discretion of the board of directors.
κ2025 Statutes of Nevada, Page 1258 (CHAPTER 206, SB 375)κ
Sec. 9. NRS 672.530 is hereby amended to read as follows:
672.530 1. Shares may be subscribed to, paid for and transferred in such manner as the bylaws may prescribe. The bylaws may specify a dollar amount for the par value of a share or require the par value of a share to be determined from time to time by resolution of the board of directors. A certificate shall not be issued to denote ownership of a share in a credit union.
2. The credit union may impress a lien on the shares, deposits, accumulated dividends or interest of a member in his or her individual, joint or trust account for any sum due the credit union from such member or for any loan endorsed by him or her.
3. If the losses of any credit union, resulting from a depreciation in value of its loans or investments or otherwise, exceed its undivided earnings and reserve fund so that the estimated value of its assets is less than the total amount due the shareholders, the credit union may, by a majority vote of the entire membership, order a reduction in the shares of each of its shareholders to divide the loss proportionately among the members. If thereafter the credit union realizes from such assets a greater amount than was fixed by the order of reduction, such excess shall be divided among the shareholders whose assets were reduced, but only to the extent of such reduction.
Sec. 10. NRS 672.550 is hereby amended to read as follows:
672.550 1. The annual meeting and any special meetings of the members of the credit union shall be held at the time and place and in the manner indicated in the bylaws.
2. The credit union shall provide members with a reasonable opportunity to participate in a meeting and to vote. Except as otherwise provided in the articles of incorporation or the bylaws, members may participate in a meeting through electronic communications, videoconferencing, teleconferencing or other available technology which allows the members to communicate simultaneously or sequentially. Participating in a meeting pursuant to this subsection constitutes presence in person at the meeting.
3. A member may not vote by proxy, but a society, association, copartnership or corporation having membership in the credit union may be represented and vote by one of its members or shareholders if such person has been fully authorized by the governing body of the society, association, copartnership or corporation to represent it.
[3.] 4. At all meetings a member has but one vote irrespective of his or her share holdings.
Sec. 11. NRS 672.670 is hereby amended to read as follows:
672.670 1. [Before the payment of any dividend, the gross earnings of the] Except as otherwise provided in subsection 3, each credit union [must be determined. From the gross earnings] shall establish and maintain a regular reserve [against losses must be set aside according to] account in accordance with the [following schedule:
(a) Until the regular reserve equals 7.5 percent of the outstanding loans and risk assets, all] requirements of 12 C.F.R. Part 702 which are applicable to federally insured state-chartered credit unions . [with assets of $500,000 or less] A credit union that is insured by a private insurer shall [withhold 10 percent of] give notice to or seek approval from the [gross earnings. Thereafter, 5 percent of the gross income must be withheld until the regular reserve reaches 10 percent of the outstanding loans and risk assets.
κ2025 Statutes of Nevada, Page 1259 (CHAPTER 206, SB 375)κ
(b) Whenever a credit union has assets of more than $500,000 and has been] Commissioner under any circumstances in [operation for at least 4 years, it shall maintain its regular reserve as follows:
(1) Until the regular reserve equals 4 percent of the outstanding loans and risk assets, the credit union shall withhold 10 percent of its gross earnings.
(2) Thereafter, until the regular reserve equals 6 percent of its outstanding loan and risk assets, the credit union shall withhold 5 percent of its gross earnings.
(c) Whenever the regular reserve falls below the required levels, it must be replenished by regular contributions sufficient to maintain the regular reserve at the levels required by paragraphs (a) and (b).] which a federally insured credit union is required to give such notice or seek such approval from the National Credit Union Administration.
2. [The] In addition to the regular reserve [belongs to the] account required by subsection 1, each credit union [and must not be distributed except on liquidation of the credit union or] shall establish special reserves in accordance with [a plan approved by] the [Commissioner.] requirements of NRS 672.680.
3. Except as otherwise prohibited by the Commissioner, if the board of directors of a credit union determines it is necessary or desirable, the board may establish a reserve account which exceeds the minimum required pursuant to subsection 1.
Sec. 12. NRS 672.710 is hereby amended to read as follows:
672.710 1. [A] Except as otherwise provided in subsection 5, a credit union may make loans to members in accordance with the provisions of the bylaws and policies established by the board of directors upon receipt of approval by the credit committee or loan officer at a rate of interest agreed upon by the credit union and member.
2. Every [application for a] loan must be [made in writing upon] evidenced by a [form furnished by the credit union] record which [has been approved by] is adequate to support enforcement or collection of the [board. The application] loan and any review of the loan by the credit union or the Commissioner. Any such loan must [include] comply with the [purpose for which the loan is desired] requirements of this chapter and [the security, if] any [, offered.] regulations adopted pursuant thereto.
3. A loan must not be made to any member in an aggregate amount in excess of 10 percent of the credit unions unimpaired capital and surplus.
4. A credit union may participate with other credit unions, corporations or financial institutions in making loans to credit union members.
5. A credit union may permit a nonmember to participate in an obligation or extension of credit to a member as a joint applicant, joint obligor, co-borrower, surety or guarantor. Except as otherwise provided by law, a credit union shall not extend any other benefit or service of the credit union to a nonmember solely as a result of participation as a joint applicant, joint obligor, co-borrower, surety or guarantor unless the nonmember is thereafter admitted as a member of the credit union.
6. A member may receive a loan in installments or in one sum and may pay the whole or any part of his or her loan on any day on which the office of the credit union is open for business.
κ2025 Statutes of Nevada, Page 1260 (CHAPTER 206, SB 375)κ
Sec. 13. NRS 672.760 is hereby amended to read as follows:
672.760 1. Money not used in loans to members may be invested in:
[1.] (a) Securities, obligations, participations or other instruments of or issued by or fully guaranteed as to principal and interest by the United States of America or any agency thereof or in any trust or trusts established for investing directly or collectively in these instruments;
[2.] (b) Obligations of this state or any political subdivision thereof, including, without limitation, a city, county or school district;
[3.] (c) Certificates of deposit or passbook type accounts issued by a state or national bank, mutual savings bank, savings and loan association or savings bank;
[4.] (d) Loans to or shares or deposits of other credit unions as permitted by the bylaws;
[5.] (e) Capital shares, obligations or preferred stock issues of any agency or association organized either as a stock company, mutual association or membership corporation if the membership or stockholdings, as the case may be, of the agency or association are confined or restricted to credit unions or organizations of credit unions, and the purposes for which the agency or association is organized are designed to service or otherwise assist credit union operations;
[6.] (f) Shares of a cooperative society organized under the laws of this state or the United States in a total amount not exceeding 10 percent of the shares, deposits and surplus of the credit union;
[7.] (g) Stocks and bonds of United States corporations to a maximum of 5 percent of unallocated reserves, except that such an investment must be limited to stocks or bonds yielding income which are approved by the Commissioner;
[8.] (h) Loans to any credit union association, national or state, of which the credit union is a member, except that such an investment must be limited to 1 percent of the shares, capital deposits and unimpaired surplus of the credit union; [and
9.] (i) Negotiable obligations of federal or state banks [.] ; and
(j) Municipal bonds which are issued by a public entity outside of this State, if the credit union conducts and documents an analysis which reasonably concludes that the security is at least investment grade and ensures that:
(1) The aggregate municipal securities holdings of the credit union are not more than 75 percent of the net worth of the credit union; and
(2) The municipal securities holdings issued by any single issuer to the credit union are not more than 25 percent of the net worth of the credit union.
2. As used in this section, investment grade means a security which has achieved a minimum credit rating which is approved by the Commissioner from Moodys Ratings, S&P Global Ratings or Fitch Ratings to be considered investment grade.
Sec. 14. NRS 672.765 is hereby amended to read as follows:
672.765 1. A credit union [must not invest in fixed assets without the prior approval of] may, subject to any regulations adopted by the Commissioner [if the aggregate value] and any limitations imposed by 12 C.F.R. §§ 701.36(c) and 701.36(d), purchase, hold and dispose of property necessary or incidental to the operations of the credit [unions existing fixed assets exceeds 7 percent of its total assets.] union.
κ2025 Statutes of Nevada, Page 1261 (CHAPTER 206, SB 375)κ
2. A credit union shall notify, request approval from or seek a waiver from the Commissioner under any circumstances in which a federal credit union is required to notify, request approval from or seek a waiver from the National Credit Union Administration pursuant to 12 C.F.R. §§ 701.36(c) and 701.36(d).
Sec. 15. NRS 233B.039 is hereby amended to read as follows:
233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:
(a) The Governor.
(b) Except as otherwise provided in subsection 7 and NRS 209.221 and 209.2473, the Department of Corrections.
(c) The Nevada System of Higher Education.
(d) The Office of the Military.
(e) The Nevada Gaming Control Board.
(f) Except as otherwise provided in NRS 368A.140 and 463.765, the Nevada Gaming Commission.
(g) Except as otherwise provided in NRS 425.620, the Division of Welfare and Supportive Services of the Department of Health and Human Services.
(h) Except as otherwise provided in NRS 422.390, the Division of Health Care Financing and Policy of the Department of Health and Human Services.
(i) Except as otherwise provided in NRS 533.365, the Office of the State Engineer.
(j) The Division of Industrial Relations of the Department of Business and Industry acting to enforce the provisions of NRS 618.375.
(k) The Administrator of the Division of Industrial Relations of the Department of Business and Industry in establishing and adjusting the schedule of fees and charges for accident benefits pursuant to subsection 2 of NRS 616C.260.
(l) The Board to Review Claims in adopting resolutions to carry out its duties pursuant to NRS 445C.310.
(m) The Silver State Health Insurance Exchange.
2. Except as otherwise provided in subsection 5 and NRS 391.323, the Department of Education, the Board of the Public Employees Benefits Program and the Commission on Professional Standards in Education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
3. The special provisions of:
(a) Chapter 612 of NRS for the adoption of an emergency regulation or the distribution of regulations by and the judicial review of decisions of the Employment Security Division of the Department of Employment, Training and Rehabilitation;
(b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;
(c) Chapter 91 of NRS for the judicial review of decisions of the Administrator of the Securities Division of the Office of the Secretary of State; and
(d) NRS 90.800 for the use of summary orders in contested cases,
Κ prevail over the general provisions of this chapter.
4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the Department of Health and Human Services in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.
κ2025 Statutes of Nevada, Page 1262 (CHAPTER 206, SB 375)κ
5. The provisions of this chapter do not apply to:
(a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the State Board of Agriculture, the State Board of Health, or any other agency of this State in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control;
(b) An extraordinary regulation of the State Board of Pharmacy adopted pursuant to NRS 453.2184;
(c) A regulation adopted by the State Board of Education pursuant to NRS 388.255 or 394.1694;
(d) The judicial review of decisions of the Public Utilities Commission of Nevada;
(e) The adoption, amendment or repeal of policies by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation pursuant to NRS 426.561 or 615.178;
(f) The adoption or amendment of a rule or regulation to be included in the State Plan for Services for Victims of Crime by the Department of Health and Human Services pursuant to NRS 217.130;
(g) The adoption, amendment or repeal of rules governing the conduct of contests and exhibitions of unarmed combat by the Nevada Athletic Commission pursuant to NRS 467.075;
(h) The adoption, amendment or repeal of standards of content and performance for courses of study in public schools by the Council to Establish Academic Standards for Public Schools and the State Board of Education pursuant to NRS 389.520;
(i) The adoption, amendment or repeal of the statewide plan to allocate money from the Fund for a Resilient Nevada created by NRS 433.732 established by the Department of Health and Human Services pursuant to paragraph (b) of subsection 1 of NRS 433.734; [or]
(j) The adoption or amendment of a data request by the Commissioner of Insurance pursuant to NRS 687B.404 [.] ; or
(k) An order issued by the Commissioner of Financial Institutions pursuant to subsection 3 of NRS 672.250.
6. The State Board of Parole Commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
7. The Department of Corrections is subject to the provisions of this chapter for the purpose of adopting regulations relating to fiscal policy, correspondence with inmates and visitation with inmates of the Department of Corrections.
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 1263κ
Senate Bill No. 386Senators Scheible; Daly, Krasner and Taylor
CHAPTER 207
[Approved: May 31, 2025]
AN ACT relating to massage therapy; authorizing the Board of Massage Therapy to issue a license to practice massage therapy, reflexology or structural integration to a person who would not otherwise qualify for such a license if the person satisfies certain other requirements; revising the acts which constitute the practice of reflexology; eliminating certain requirements for meetings of the Board; requiring the Board to adopt regulations concerning disciplinary actions against the holder of a certificate of a massage, reflexology and structural integration establishment; revising provisions governing the issuance of temporary licenses by the Board; authorizing the Executive Director of the Board to issue subpoenas; revising provisions governing certain advertisements; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Board of Massage Therapy to issue licenses to practice massage therapy, reflexology or structural integration. (Chapter 640C of NRS)
Section 1 of this bill authorizes the Board, after conducting a review of the credentials of an applicant who does not otherwise satisfy the requirements for the issuance of a license to practice massage therapy, reflexology or structural integration, to grant such a license to a person who: (1) has legally practiced massage therapy, reflexology or structural integration in another state, territory or possession of the United States or the District of Columbia for not less than 3 years; (2) submits certain information and documents to the Board; and (3) passes certain examinations. Sections 5-7 of this bill make conforming changes to indicate that the provisions of section 1 are exceptions to the general requirements for the issuance of a license to practice massage therapy, a license to practice reflexology and a license to practice structural integration.
Section 2 of this bill revises the definition of the term reflexology to include the application of a system of pressure to the face of the human body.
Section 3 of this bill eliminates the requirement that the Board alternate the location of its meetings between the southern and northern districts of this State.
Existing law requires the Board to adopt regulations that prescribe the requirements for the certification and operation of a massage, reflexology and structural integration establishment. (NRS 640C.330) Section 4 of this bill requires the Board to adopt regulations which include the grounds for the imposition of disciplinary action against the holder of a certificate of a massage, reflexology and structural integration establishment and the disciplinary actions which the Board may impose.
Existing law sets forth various requirements for a person to be issued a temporary license to practice massage therapy, reflexology or structural integration. (NRS 640C.590, 640C.610, 640C.630) Sections 8 and 11 of this bill revise those requirements to instead authorize the Board to issue a temporary license to practice massage therapy, reflexology or structural integration in this State to a person: (1) who holds an active license in good standing to practice massage therapy, reflexology or structural integration issued by another state, territory or possession of the United States or the District of Columbia; and (2) who satisfies the requirements for a temporary license set forth in regulations adopted by the Board. Section 8 prohibits those regulations from requiring a person to take or pass a written examination concerning his or her qualifications to practice massage therapy, reflexology or structural integration to be issued a temporary license. Existing law provides that a temporary license expires 90 days after issuance and is not renewable.
κ2025 Statutes of Nevada, Page 1264 (CHAPTER 207, SB 386)κ
temporary license expires 90 days after issuance and is not renewable. (NRS 640C.590, 640C.610, 640C.630) Section 8 authorizes a person who has been issued a temporary license to apply for a new temporary license not less than 3 months after the expiration of the temporary license most recently issued to the person.
Existing law authorizes the Board or any member thereof to issue subpoenas to compel the attendance of witnesses and the production of books and papers. (NRS 640C.750) Section 9 of this bill additionally authorizes the Executive Director of the Board to issue such subpoenas.
Existing law prohibits: (1) an unlicensed person from advertising as a massage therapist, reflexologist or structural integration practitioner; and (2) a licensed person from using any false or misleading statement or representation in advertising that is intended to induce another person to use the services of the massage therapist, reflexologist or structural integration practitioner. Existing law also requires certain advertising by a licensed massage therapist, reflexologist or structural integration practitioner to include certain information. (NRS 640C.930) Section 10 of this bill sets forth similar prohibitions and requirements applicable to massage, reflexology and structural integration establishments.
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 640C of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Board may, after conducting a review of the credentials of an applicant who does not otherwise satisfy the requirements set forth in NRS 640C.580, 640C.600 or 640C.620, as applicable, issue a license to the applicant pursuant to this section.
2. An applicant for a license to practice massage therapy, reflexology or structural integration, as applicable, issued pursuant to this section must:
(a) Have legally practiced massage therapy, reflexology or structural integration in another state, territory or possession of the United States or the District of Columbia for not less than 3 years; and
(b) Submit to the Board:
(1) A completed application on a form prescribed by the Board;
(2) The fees prescribed by the Board pursuant to NRS 640C.520;
(3) A certified statement issued by the licensing authority in each state, territory or possession of the United States or the District of Columbia in which the applicant is or has been licensed to practice massage therapy, reflexology or structural integration, verifying that:
(I) The applicant has not been involved in any disciplinary action relating to his or her license to practice massage therapy, reflexology or structural integration, as applicable; and
(II) Disciplinary proceedings relating to his or her license to practice massage therapy, reflexology or structural integration, as applicable, are not pending;
(4) 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;
(5) A statement authorizing the Board or its designee to conduct an investigation to determine the accuracy of any statements set forth in the application; and
κ2025 Statutes of Nevada, Page 1265 (CHAPTER 207, SB 386)κ
(6) Official transcripts from a program of massage therapy, reflexology or structural integration which must demonstrate that the applicant completed:
(I) For a program of massage therapy, not less than 500 hours of instruction;
(II) For a program of structural integration, not less than 700 hours of instruction; and
(III) For a program of reflexology, not less than 200 hours of instruction.
3. In addition to any examination required pursuant to NRS 640C.320, an applicant for a license issued pursuant to this section must pass a nationally recognized examination for testing the education and professional competency of massage therapists, reflexologists or structural integration practitioners, as applicable, that is approved by the Board.
Sec. 2. NRS 640C.080 is hereby amended to read as follows:
640C.080 Reflexology means the application of a system of pressure to the feet, ears , face and hands of the human body.
Sec. 3. NRS 640C.180 is hereby amended to read as follows:
640C.180 1. At the first meeting of each fiscal year, the members of the Board shall elect a Chair, Vice Chair and Secretary-Treasurer from among the members.
2. The Board shall meet at least quarterly and may meet at other times at the call of the Chair or upon the written request of a majority of the members of the Board.
3. [The Board shall alternate the location of its meetings between the southern district of Nevada and the northern district of Nevada. For the purposes of this subsection:
(a) The southern district of Nevada consists of all that portion of the State lying within the boundaries of the counties of Clark, Esmeralda, Lincoln and Nye.
(b) The northern district of Nevada consists of all that portion of the State lying within the boundaries of Carson City and the counties of Churchill, Douglas, Elko, Eureka, Humboldt, Lander, Lyon, Mineral, Pershing, Storey, Washoe and White Pine.
4.] A meeting of the Board may be conducted telephonically or by videoconferencing. A meeting conducted telephonically or by videoconferencing must meet the requirements of chapter 241 of NRS and any other applicable provisions of law.
[5.] 4. Five members of the Board constitute a quorum for the purposes of transacting the business of the Board, including, without limitation, issuing, renewing, suspending, revoking or reinstating a license issued pursuant to this chapter.
Sec. 4. NRS 640C.330 is hereby amended to read as follows:
640C.330 1. The Board shall adopt regulations that prescribe the requirements for the certification and operation of a massage, reflexology and structural integration establishment, including, without limitation, the:
(a) Requirements for a massage, reflexology and structural integration establishment to obtain a certificate;
(b) Standards with which a massage, reflexology and structural integration establishment must comply; [and]
(c) Establishment of fees pursuant to NRS 640C.520 for the issuance and renewal of a certification of a massage, reflexology and structural integration establishment [.] ; and
κ2025 Statutes of Nevada, Page 1266 (CHAPTER 207, SB 386)κ
(d) Grounds for the imposition of disciplinary action against a holder of a certificate and the disciplinary actions which the Board may impose, which may include, without limitation, the imposition of a fine and the suspension or revocation of a certificate.
2. The provisions of this section and any regulations adopted pursuant thereto do not prohibit a local government from licensing and regulating a massage, reflexology and structural integration establishment, including, without limitation, in a manner that is more stringent than the regulations adopted by the Board pursuant to this section.
3. Local governments have concurrent jurisdiction with the Board over the licensure and regulation of massage, reflexology and structural integration establishments.
4. If there is a conflict between a provision of the regulations adopted by the Board pursuant to this section and a requirement of a local government, the requirement of a local government prevails to the extent that the requirement provides a more stringent or specific requirement regarding the regulation of a massage, reflexology and structural integration establishment.
5. As used in this section, massage, reflexology and structural integration establishment means any premises, mobile unit, building or part of a building where massage therapy, reflexology or structural integration is practiced by a person or persons licensed pursuant to this chapter.
Sec. 5. NRS 640C.580 is hereby amended to read as follows:
640C.580 1. The Board may issue a license to practice massage therapy.
2. [An] Except as otherwise provided in section 1 of this act, an applicant for a license must:
(a) Be at least 18 years of age;
(b) Except as otherwise provided in NRS 640C.426, submit to the Board:
(1) A completed application on a form prescribed by the Board;
(2) The fees prescribed by the Board pursuant to NRS 640C.520;
(3) Proof that the applicant has successfully completed a program of massage therapy recognized by the Board;
(4) A certified statement issued by the licensing authority in each state, territory or possession of the United States or the District of Columbia in which the applicant is or has been licensed to practice massage therapy verifying that:
(I) The applicant has not been involved in any disciplinary action relating to his or her license to practice massage therapy; and
(II) Disciplinary proceedings relating to his or her license to practice massage therapy are not pending;
(5) 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; and
(6) A statement authorizing the Board or its designee to conduct an investigation to determine the accuracy of any statements set forth in the application; and
(c) In addition to any examination required pursuant to NRS 640C.320 and except as otherwise provided in NRS 640C.426, pass a nationally recognized examination for testing the education and professional competency of massage therapists that is approved by the Board.
κ2025 Statutes of Nevada, Page 1267 (CHAPTER 207, SB 386)κ
3. The Board:
(a) Shall recognize a program of massage therapy that is:
(1) Approved by the Commission on Postsecondary Education; or
(2) Offered by a public college in this State or any other state; and
(b) May recognize other programs of massage therapy.
4. Except as otherwise provided in NRS 640C.426, the Board or its designee shall:
(a) Conduct an investigation to determine:
(1) The reputation and character of the applicant;
(2) The existence and contents of any record of arrests or convictions of the applicant;
(3) The existence and nature of any pending litigation involving the applicant that would affect his or her suitability for licensure; and
(4) The accuracy and completeness of any information submitted to the Board by the applicant.
(b) Report the results of the investigation of the applicant within the period the Board establishes by regulation pursuant to NRS 640C.320.
(c) Except as otherwise provided in NRS 239.0115, maintain the results of the investigation in a confidential manner for use by the Board and its members and employees in carrying out their duties pursuant to this chapter. The provisions of this paragraph do not prohibit the Board or its members or employees from communicating or cooperating with or providing any documents or other information to any other licensing board or any other federal, state or local agency that is investigating a person, including, without limitation, a law enforcement agency.
Sec. 6. NRS 640C.600 is hereby amended to read as follows:
640C.600 1. The Board may issue a license to practice reflexology.
2. [An] Except as otherwise provided in section 1 of this act, an applicant for a license must:
(a) Be at least 18 years of age;
(b) Except as otherwise provided in NRS 640C.426, submit to the Board:
(1) A completed application on a form prescribed by the Board;
(2) The fees prescribed by the Board pursuant to NRS 640C.520;
(3) Proof that the applicant has successfully completed a program of reflexology recognized by the Board;
(4) A certified statement issued by the licensing authority in each state, territory or possession of the United States or the District of Columbia in which the applicant is or has been licensed to practice reflexology verifying that:
(I) The applicant has not been involved in any disciplinary action relating to his or her license to practice reflexology; and
(II) Disciplinary proceedings relating to his or her license to practice reflexology are not pending;
(5) 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; and
(6) A statement authorizing the Board or its designee to conduct an investigation to determine the accuracy of any statements set forth in the application; and
(c) In addition to any examination required pursuant to NRS 640C.320 and except as otherwise provided in NRS 640C.426, pass a nationally recognized examination for testing the education and professional competency of reflexologists that is approved by the Board.
κ2025 Statutes of Nevada, Page 1268 (CHAPTER 207, SB 386)κ
recognized examination for testing the education and professional competency of reflexologists that is approved by the Board.
3. The Board:
(a) Shall recognize a program of reflexology that is:
(1) Approved by the Commission on Postsecondary Education; or
(2) Offered by a public college in this State or any other state; and
(b) May recognize other programs of reflexology.
4. Except as otherwise provided in NRS 640C.426, the Board or its designee shall:
(a) Conduct an investigation to determine:
(1) The reputation and character of the applicant;
(2) The existence and contents of any record of arrests or convictions of the applicant;
(3) The existence and nature of any pending litigation involving the applicant that would affect his or her suitability for licensure; and
(4) The accuracy and completeness of any information submitted to the Board by the applicant.
(b) Report the results of the investigation of the applicant within the period the Board establishes by regulation pursuant to NRS 640C.320.
(c) Except as otherwise provided in NRS 239.0115, maintain the results of the investigation in a confidential manner for use by the Board and its members and employees in carrying out their duties pursuant to this chapter. The provisions of this paragraph do not prohibit the Board or its members or employees from communicating or cooperating with or providing any documents or other information to any other licensing board or any other federal, state or local agency that is investigating a person, including, without limitation, a law enforcement agency.
Sec. 7. NRS 640C.620 is hereby amended to read as follows:
640C.620 1. The Board may issue a license to practice structural integration.
2. [An] Except as otherwise provided in section 1 of this act, an applicant for a license must:
(a) Be at least 18 years of age;
(b) Except as otherwise provided in NRS 640C.426, submit to the Board:
(1) A completed application on a form prescribed by the Board;
(2) The fees prescribed by the Board pursuant to NRS 640C.520;
(3) Proof that the applicant has successfully completed a program of structural integration recognized by the Board;
(4) A certified statement issued by the licensing authority in each state, territory or possession of the United States or the District of Columbia in which the applicant is or has been licensed to practice structural integration verifying that:
(I) The applicant has not been involved in any disciplinary action relating to his or her license to practice structural integration; and
(II) Disciplinary proceedings relating to his or her license to practice structural integration are not pending;
(5) 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; and
(6) A statement authorizing the Board or its designee to conduct an investigation to determine the accuracy of any statements set forth in the application; and
κ2025 Statutes of Nevada, Page 1269 (CHAPTER 207, SB 386)κ
(c) In addition to any examination required pursuant to NRS 640C.320 and except as otherwise provided in NRS 640C.426, pass a nationally recognized examination for testing the education and professional competency of structural integration practitioners that is approved by the Board.
3. The Board:
(a) Shall recognize a program of structural integration that is:
(1) Approved by the Commission on Postsecondary Education; or
(2) Offered by a public college in this State or any other state; and
(b) May recognize other programs of structural integration.
4. Except as otherwise provided in NRS 640C.426, the Board or its designee shall:
(a) Conduct an investigation to determine:
(1) The reputation and character of the applicant;
(2) The existence and contents of any record of arrests or convictions of the applicant;
(3) The existence and nature of any pending litigation involving the applicant that would affect his or her suitability for licensure; and
(4) The accuracy and completeness of any information submitted to the Board by the applicant.
(b) Report the results of the investigation of the applicant within the period the Board establishes by regulation pursuant to NRS 640C.320.
(c) Except as otherwise provided in NRS 239.0115, maintain the results of the investigation in a confidential manner for use by the Board and its members and employees in carrying out their duties pursuant to this chapter. The provisions of this paragraph do not prohibit the Board or its members or employees from communicating or cooperating with or providing any documents or other information to any other licensing board or any other federal, state or local agency that is investigating a person, including, without limitation, a law enforcement agency.
Sec. 8. NRS 640C.630 is hereby amended to read as follows:
640C.630 1. The Board may issue a temporary license to practice massage therapy, reflexology or structural integration [.] in this State to a person who holds an active license in good standing to practice massage therapy, reflexology or structural integration issued by another state, territory or possession of the United States or the District of Columbia.
2. An applicant for a temporary license issued pursuant to this section must [:
(a) Be at least 18 years of age; and
(b) Submit to the Board:
(1) A completed application on a form prescribed by the Board;
(2) The fees prescribed by the Board pursuant to NRS 640C.520;
(3) Proof that the applicant has successfully completed a program of structural integration recognized by the Board pursuant to NRS 640C.620;
(4) Proof that the applicant:
(I) Has taken the examination required pursuant to NRS 640C.620; or
(II) Is scheduled to take such an examination within 90 days after the date of application;
(5) An affidavit indicating that the applicant has not committed any of the offenses for which the Board may refuse to issue a license pursuant to NRS 640C.700;
κ2025 Statutes of Nevada, Page 1270 (CHAPTER 207, SB 386)κ
(6) A certified statement issued by the licensing authority in each state, territory or possession of the United States or the District of Columbia in which the applicant is or has been licensed to practice structural integration verifying that:
(I) The applicant has not been involved in any disciplinary action relating to his or her license to practice structural integration; and
(II) Disciplinary proceedings relating to his or her license to practice structural integration are not pending; and
(7) 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.] satisfy the requirements for the issuance of a temporary license set forth in the regulations adopted by the Board pursuant to subsection 5.
3. A temporary license issued pursuant to this section expires 90 days after the date the Board issues the temporary license. The Board shall not renew the temporary license. A person who has been issued a temporary license pursuant to this section may apply for a new temporary license not less than 3 months after the expiration of the temporary license most recently issued to the person.
4. A person who holds a temporary license:
(a) May practice massage therapy, reflexology or structural integration , as applicable, only under the supervision of a fully licensed massage therapist, fully licensed reflexologist or fully licensed structural integration practitioner , as applicable, and only in accordance with the provisions of this chapter and the regulations of the Board;
(b) Must comply with any other conditions, limitations and requirements imposed on the temporary license by the Board;
(c) Is subject to the regulatory and disciplinary authority of the Board to the same extent as a fully licensed massage therapist, fully licensed reflexologist or fully licensed structural integration practitioner [;] , as applicable; and
(d) Remains subject to the regulatory and disciplinary authority of the Board after the expiration of the temporary license for all acts relating to the practice of massage therapy, reflexology or structural integration , as applicable, which occurred during the period of temporary licensure.
5. The Board shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations establishing requirements for the issuance of a temporary license. Such regulations must not require an applicant for the issuance of a temporary license to take or pass a written examination concerning his or her qualifications to practice massage therapy, reflexology or structural integration to be issued a temporary license.
6. As used in this section [, fully] :
(a) Fully licensed massage therapist means a person who holds a license to practice massage therapy issued pursuant to NRS 640C.420 or 640C.580.
(b) Fully licensed reflexologist means a person who holds a license to practice reflexology issued pursuant to NRS 640C.420 or 640C.600.
(c) Fully licensed structural integration practitioner means a person who holds a license to practice structural integration issued pursuant to NRS 640C.420 or 640C.620.
κ2025 Statutes of Nevada, Page 1271 (CHAPTER 207, SB 386)κ
Sec. 9. NRS 640C.750 is hereby amended to read as follows:
640C.750 1. The Board may conduct investigations and hold hearings to carry out its duties pursuant to this chapter.
2. In such a hearing:
(a) Any member of the Board may administer oaths and examine witnesses; and
(b) The Board , the Executive Director of the Board or any member [thereof] of the Board may issue subpoenas to compel the attendance of witnesses and the production of books and papers.
3. Each witness who is subpoenaed to appear before the Board is entitled to receive for his or her attendance the same fees and mileage allowed by law for a witness in a civil case. The amount must be paid by the party who requested the subpoena. If any witness who has not been required to attend at the request of any party is subpoenaed by the Board, his or her fees and mileage must be paid by the Board from money available for that purpose.
4. If any person fails to comply with the subpoena within 10 days after it is issued, the Chair of the Board may petition a court of competent jurisdiction for an order of the court compelling compliance with the subpoena.
5. Upon the filing of such a petition, the court shall enter an order directing the person subpoenaed to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and to show cause why the person has not complied with the subpoena. A certified copy of the order must be served upon the person subpoenaed.
6. If it appears to the court that the subpoena was regularly issued by the Board, the court shall enter an order compelling compliance with the subpoena. The failure of the person to comply with the order is a contempt of the court that issued the order.
Sec. 10. NRS 640C.930 is hereby amended to read as follows:
640C.930 1. A person shall not advertise as a massage therapist, reflexologist or structural integration practitioner in this State unless the person is licensed to practice massage therapy, reflexology or structural integration pursuant to this chapter.
2. A person licensed to practice massage therapy, reflexology or structural integration pursuant to this chapter shall not disseminate, as part of any advertising by the massage therapist, reflexologist or structural integration practitioner, any false or misleading statement or representation of material fact that is intended, directly or indirectly, to induce another person to use the services of the massage therapist, reflexologist or structural integration practitioner.
3. All advertising by a licensed massage therapist, reflexologist or structural integration practitioner must include his or her name and the name of his or her company, if applicable. All advertising in a telephone directory or a newspaper must also include the number of the license.
4. A person shall not advertise a massage, reflexology and structural integration establishment in this State unless the person holds a certificate to operate the massage, reflexology and structural integration establishment issued by the Board pursuant to NRS 640C.330.
5. A person who holds a certificate to operate a massage, reflexology and structural integration establishment shall not disseminate, as part of any advertising by the person holding the certificate, any false or misleading statement or representation of material fact that is intended, directly or indirectly, to induce another person to use the services of the massage, reflexology and structural integration establishment.
κ2025 Statutes of Nevada, Page 1272 (CHAPTER 207, SB 386)κ
misleading statement or representation of material fact that is intended, directly or indirectly, to induce another person to use the services of the massage, reflexology and structural integration establishment.
6. All advertising by a person who holds a certificate to operate a massage, reflexology and structural integration establishment must include his or her name and the name of the massage, reflexology and structural integration establishment. All advertising in a telephone directory or a newspaper must also include the number of the certificate to operate the massage, reflexology and structural integration establishment.
7. A person who violates any provision of subsection 1 , [or] 2 , 4 or 5 is guilty of a misdemeanor.
[5.] 8. If, after notice and a hearing as required by law, the Board determines that a person has willfully engaged in advertising in a manner that violates the provisions of this section or NRS 640C.910, the Board may, in addition to any penalty, punishment or disciplinary action authorized by the provisions of this chapter, order the person to cease and desist the unlawful advertising. The provisions of this subsection do not apply to any person whose license has been expired for less than 90 days or is temporarily suspended.
[6.] 9. The Board may order any person convicted of a crime involving violence, prostitution or any other sexual offense to cause any telephone number included in the advertising to be disconnected from service. If the Board orders the person to cause any telephone number to be disconnected from service and the person fails to comply within 5 days after the date on which the person is served with the order, the Board may:
(a) If the provider is regulated by the Public Utilities Commission of Nevada, request the Commission to order the provider to disconnect the telephone number from service pursuant to NRS 703.175 and 707.355; or
(b) If the provider is not regulated by the Public Utilities Commission of Nevada, request the provider to disconnect the telephone number from service and inform the provider that the request is made pursuant to this section. Upon receiving such a request, the provider shall take such action as is necessary to disconnect the telephone number from service.
[7.] 10. A provider shall not:
(a) Forward or offer to forward the telephone calls of a telephone number disconnected from service pursuant to this section; or
(b) Provide or offer to provide a message that includes a new telephone number for the person whose telephone number was disconnected from service pursuant to this section.
[8.] 11. If a provider complies in good faith with a request to disconnect a telephone number from service pursuant to this section, such good-faith compliance shall constitute a complete defense to any civil or criminal action brought against the provider arising from the disconnection or termination of service.
[9.] 12. As used in this section:
(a) Advertising means the intentional placement or issuance of any sign, card or device, or the permitting or allowing of any sign or marking on a motor vehicle, in any building, structure, newspaper, magazine or airway transmission, on the Internet or in any directory under the listing of massage therapist, massage, reflexologist, reflexology, structural integration [practitioner or] practitioner, structural [integration.] integration or massage, reflexology and structural integration establishment.
κ2025 Statutes of Nevada, Page 1273 (CHAPTER 207, SB 386)κ
(b) Massage, reflexology and structural integration establishment has the meaning ascribed to it in NRS 640C.330.
(c) Provider means a provider of any type of telephone, messaging or paging service.
[(c)] (d) Provider of messaging or paging service means an entity that provides any type of messaging or paging service to any type of communication device.
[(d)] (e) Provider of telephone service has the meaning ascribed to it in NRS 707.355.
[(e)] (f) Telephone number means any sequence of numbers or characters, or both, used by a provider to provide any type of telephone, messaging or paging service.
Sec. 11. NRS 640C.590 and 640C.610 are hereby repealed.
Sec. 12. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 11, 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.
________
Senate Bill No. 387Senator Lange
CHAPTER 208
[Approved: May 31, 2025]
AN ACT relating to health care; requiring certain health insurance to include coverage for certain screening for lung cancer; requiring the Department of Health and Human Services to conduct a study on access to screening for lung cancer; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires certain private policies of insurance regulated under Nevada law to include coverage for screening for colorectal cancer if the policy of insurance covers the treatment of colorectal cancer. (NRS 689A.04042, 689B.0367, 695B.1907, 695C.1731, 695G.168) Existing law also requires employers to provide certain benefits for health care to employees, including the coverage required of health insurers, if the employer provides health benefits for its employee. (NRS 608.1555)
Sections 1, 3-8 and 11 of this bill require certain private policies of health insurance and health plans that cover treatment for lung cancer to also cover screening for lung cancer in accordance with: (1) the guidelines published by the American Cancer Society; or (2) certain other guidelines or reports concerning screening for lung cancer which are published by nationally recognized professional organizations. Sections 9 and 11.5 of this bill provide that those requirements do not apply to Medicaid managed care organizations. Section 2 of this bill authorizes the Commissioner of Insurance to require certain policies of health insurance issued by a domestic insurer to a person who resides in another state to include the coverage required by section 1. Section 10 of this bill authorizes the Commissioner to suspend or revoke the certificate of authority issued to a health maintenance organization that fails to comply with the requirements of section 8. The Commissioner would also be authorized to take such action against other health insurers who fail to comply with the requirements of sections 1, 3-8 and 11. (NRS 680A.200)
κ2025 Statutes of Nevada, Page 1274 (CHAPTER 208, SB 387)κ
Section 17 of this bill requires the Department of Health and Human Services to: (1) conduct a study to determine if the criteria adopted by the American Cancer Society relating to screening for lung cancer creates inequities in access to screening for lung cancer based on sex or gender identity or expression; and (2) submit a report on its conclusions to the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Health and Human Services.
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 689A of NRS is hereby amended by adding thereto a new section to read as follows:
1. An insurer that offers a policy of health insurance that provides coverage for the treatment of lung cancer must provide coverage for screening for lung cancer in accordance with:
(a) The guidelines concerning screening for lung cancer which are published by the American Cancer Society; or
(b) Other guidelines or reports concerning screening for lung cancer which are published by nationally recognized professional organizations and which are based on current or prevailing supporting scientific data.
2. A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2026, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with the provisions of this section is void.
Sec. 2. NRS 689A.330 is hereby amended to read as follows:
689A.330 If any policy is issued by a domestic insurer for delivery to a person residing in another state, and if the insurance commissioner or corresponding public officer of that other state has informed the Commissioner that the policy is not subject to approval or disapproval by that officer, the Commissioner may by ruling require that the policy meet the standards set forth in NRS 689A.030 to 689A.320, inclusive [.] , and section 1 of this act.
Sec. 3. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:
1. An insurer that offers a policy of group health insurance that provides coverage for the treatment of lung cancer must provide coverage for screening for lung cancer in accordance with:
(a) The guidelines concerning screening for lung cancer which are published by the American Cancer Society; or
(b) Other guidelines or reports concerning screening for lung cancer which are published by nationally recognized professional organizations and which are based on current or prevailing supporting scientific data.
2. A policy of group health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2026, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with the provisions of this section is void.
κ2025 Statutes of Nevada, Page 1275 (CHAPTER 208, SB 387)κ
Sec. 4. Chapter 689C of NRS is hereby amended by adding thereto a new section to read as follows:
1. A carrier that offers a health benefit plan that provides coverage for the treatment of lung cancer must provide coverage for screening for lung cancer in accordance with:
(a) The guidelines concerning screening for lung cancer which are published by the American Cancer Society; or
(b) Other guidelines or reports concerning screening for lung cancer which are published by nationally recognized professional organizations and which are based on current or prevailing supporting scientific data.
2. A health benefit plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2026, has the legal effect of including the coverage required by this section, and any provision of the plan that conflicts with the provisions of this section is void.
Sec. 5. NRS 689C.425 is hereby amended to read as follows:
689C.425 A voluntary purchasing group and any contract issued to such a group pursuant to NRS 689C.360 to 689C.600, inclusive, are subject to the provisions of NRS 689C.015 to 689C.355, inclusive, and section 4 of this act to the extent applicable and not in conflict with the express provisions of NRS 687B.408 and 689C.360 to 689C.600, inclusive.
Sec. 6. Chapter 695A of NRS is hereby amended by adding thereto a new section to read as follows:
1. A society that offers a benefit contract that provides coverage for the treatment of lung cancer must provide coverage for screening for lung cancer in accordance with:
(a) The guidelines concerning screening for lung cancer which are published by the American Cancer Society; or
(b) Other guidelines or reports concerning screening for lung cancer which are published by nationally recognized professional organizations and which are based on current or prevailing supporting scientific data.
2. A benefit contract subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2026, has the legal effect of including the coverage required by this section, and any provision of the contract that conflicts with the provisions of this section is void.
Sec. 7. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:
1. A hospital or medical services corporation that offers a policy of health insurance that provides coverage for the treatment of lung cancer must provide coverage for screening for lung cancer in accordance with:
(a) The guidelines concerning screening for lung cancer which are published by the American Cancer Society; or
(b) Other guidelines or reports concerning screening for lung cancer which are published by nationally recognized professional organizations and which are based on current or prevailing supporting scientific data.
2. A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2026, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with the provisions of this section is void.
κ2025 Statutes of Nevada, Page 1276 (CHAPTER 208, SB 387)κ
Sec. 8. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:
1. A health maintenance organization that offers a health care plan that provides coverage for the treatment of lung cancer must provide coverage for screening for lung cancer in accordance with:
(a) The guidelines concerning screening for lung cancer which are published by the American Cancer Society; or
(b) Other guidelines or reports concerning screening for lung cancer which are published by nationally recognized professional organizations and which are based on current or prevailing supporting scientific data.
2. A health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2026, has the legal effect of including the coverage required by this section, and any provision of the plan that conflicts with the provisions of this section is void.
Sec. 9. NRS 695C.050 is hereby amended to read as follows:
695C.050 1. Except as otherwise provided in this chapter or in specific provisions of this title, the provisions of this title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.
2. Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.
3. Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.
4. The provisions of NRS 695C.110, 695C.125, 695C.1691, 695C.1693, 695C.170, 695C.1703, 695C.1705, 695C.1709 to 695C.173, inclusive, 695C.1733, 695C.17335, 695C.1734, 695C.1751, 695C.1755, 695C.1759, 695C.176 to 695C.200, inclusive, and 695C.265 and section 8 of this act do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Childrens Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.
5. The provisions of NRS 695C.16932 to 695C.1699, inclusive, 695C.1701, 695C.1708, 695C.1728, 695C.1731, 695C.17333, 695C.17345, 695C.17347, 695C.1736 to 695C.1745, inclusive, 695C.1757 and 695C.204 apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid.
6. The provisions of NRS 695C.17095 do not apply to a health maintenance organization that provides health care services to members of the Public Employees Benefits Program. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.
7. The provisions of NRS 695C.1735 do not apply to a health maintenance organization that provides health care services to:
κ2025 Statutes of Nevada, Page 1277 (CHAPTER 208, SB 387)κ
(a) The officers and employees, and the dependents of officers and employees, of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of this State; or
(b) Members of the Public Employees Benefits Program.
Κ This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.
Sec. 10. NRS 695C.330 is hereby amended to read as follows:
695C.330 1. The Commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization pursuant to the provisions of this chapter if the Commissioner finds that any of the following conditions exist:
(a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the Commissioner;
(b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS 695C.1691 to 695C.200, inclusive, and section 8 of this act, 695C.204 or 695C.207;
(c) The health care plan does not furnish comprehensive health care services as provided for in NRS 695C.060;
(d) The Commissioner certifies that the health maintenance organization:
(1) Does not meet the requirements of subsection 1 of NRS 695C.080; or
(2) Is unable to fulfill its obligations to furnish health care services as required under its health care plan;
(e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;
(f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to participate in matters relating to the content of programs pursuant to NRS 695C.110;
(g) The health maintenance organization has failed to put into effect the system required by NRS 695C.260 for:
(1) Resolving complaints in a manner reasonably to dispose of valid complaints; and
(2) Conducting external reviews of adverse determinations that comply with the provisions of NRS 695G.241 to 695G.310, inclusive;
(h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;
(i) The continued operation of the health maintenance organization would be hazardous to its enrollees or creditors or to the general public;
(j) The health maintenance organization fails to provide the coverage required by NRS 695C.1691; or
(k) The health maintenance organization has otherwise failed to comply substantially with the provisions of this chapter.
2. A certificate of authority must be suspended or revoked only after compliance with the requirements of NRS 695C.340.
κ2025 Statutes of Nevada, Page 1278 (CHAPTER 208, SB 387)κ
3. If the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of that suspension, enroll any additional groups or new individual contracts, unless those groups or persons were contracted for before the date of suspension.
4. If the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization. It shall engage in no further advertising or solicitation of any kind. The Commissioner may, by written order, permit such further operation of the organization as the Commissioner may find to be in the best interest of enrollees to the end that enrollees are afforded the greatest practical opportunity to obtain continuing coverage for health care.
Sec. 11. Chapter 695G of NRS is hereby amended by adding thereto a new section to read as follows:
1. A managed care organization that offers a health care plan that provides coverage for the treatment of lung cancer must provide coverage for screening for lung cancer in accordance with:
(a) The guidelines concerning screening for lung cancer which are published by the American Cancer Society; or
(b) Other guidelines or reports concerning screening for lung cancer which are published by nationally recognized professional organizations and which are based on current or prevailing supporting scientific data.
2. A health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2026, has the legal effect of including the coverage required by this section, and any provision of the plan that conflicts with the provisions of this section is void.
Sec. 11.5. NRS 695G.090 is hereby amended to read as follows:
695G.090 1. Except as otherwise provided in subsection 3, the provisions of this chapter apply to each organization and insurer that operates as a managed care organization and may include, without limitation, an insurer that issues a policy of health insurance, an insurer that issues a policy of individual or group health insurance, a carrier serving small employers, a fraternal benefit society, a hospital or medical service corporation and a health maintenance organization.
2. In addition to the provisions of this chapter, each managed care organization shall comply with:
(a) The provisions of chapter 686A of NRS, including all obligations and remedies set forth therein; and
(b) Any other applicable provision of this title.
3. The provisions of NRS 695G.127, 695G.1639, 695G.164, 695G.1645, 695G.167 and 695G.200 to 695G.230, inclusive, and section 11 of this act do not apply to a managed care organization that provides health care services to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Childrens Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services.
4. The provisions of NRS 695C.1735 and 695G.1639 do not apply to a managed care organization that provides health care services to members of the Public Employees Benefits Program.
κ2025 Statutes of Nevada, Page 1279 (CHAPTER 208, SB 387)κ
5. Subsections 3 and 4 do not exempt a managed care organization from any provision of this chapter for services provided pursuant to any other contract.
Secs. 12-16. (Deleted by amendment.)
Sec. 17. On or before July 1, 2026, the Department of Health and Human Services shall:
1. Conduct a study, which must include, without limitation, a review of scientific publications, to determine if the criteria adopted by the American Cancer Society relating to screening for lung cancer results in inequity in access to such screening based on sex or gender identity or expression.
2. Submit to the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Health and Human Services a report of the conclusions of the study conducted pursuant to subsection 1 and any recommendations for expanded criteria to increase access to screening for lung cancer.
Sec. 18. (Deleted by amendment.)
Sec. 19. 1. This section and sections 13, 17 and 18 of this act become effective upon passage and approval.
2. Sections 1 to 12, inclusive, 14, 15 and 16 of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2026, for all other purposes.
________
Senate Bill No. 405Committee on Natural Resources
CHAPTER 209
[Approved: May 31, 2025]
AN ACT relating to recreation; creating the Transit-to-Trails Task Force; prescribing the membership and duties of the Task Force; requiring the Task Force to submit certain reports; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Division of Outdoor Recreation of the State Department of Conservation and Natural Resources and requires the Administrator of the Division to perform certain duties relating to outdoor recreation in this State. (NRS 407A.540, 407A.570) Section 2 of this bill creates the Transit-to-Trails Task Force and sets forth the membership of the Task Force. Section 3 of this bill requires the Task Force to: (1) identify high-priority areas for a program to expand access to outdoor recreation areas in this State using public transit; and (2) identify and apply for grants of money from the Federal Government and private entities for the expansion of public transit that runs to outdoor recreation areas in this State.
Section 4 of this bill applies certain definitions relating to the Division to the provisions of sections 2 and 3.
Section 5 of this bill requires the Task Force to prepare and submit a written report describing the activities, findings and conclusions of the Task Force and any recommendations for legislation by August 31 of each even-numbered year.
κ2025 Statutes of Nevada, Page 1280 (CHAPTER 209, SB 405)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. Chapter 407A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The Transit-to-Trails Task Force is hereby created.
2. The Task Force consists of the following members appointed by the Legislative Commission:
(a) One member who represents the Office of the Governor;
(b) One member who represents a law enforcement agency in this State;
(c) One member who represents a regional transportation commission in a county whose population is 100,000 or more but less than 700,000;
(d) One member who represents a regional transportation commission in a county whose population is 700,000 or more;
(e) One member who represents a county whose population is less than 100,000;
(f) One member who represents the Division;
(g) Two members who represent the public and who have an interest in outdoor recreation and transportation;
(h) One member who represents an advocacy group relating to transportation and outdoor recreation;
(i) One member who represents the Tahoe Transportation District;
(j) One member who represents the United States Bureau of Land Management;
(k) One member who represents the United States Forest Service; and
(l) One member who represents the United States National Park Service.
3. The members of the Task Force shall serve a term of 4 years. A member may be reappointed to the Task Force and any vacancy must be filled in the same manner as the original appointment.
4. The members of the Task Force serve without compensation and are not entitled to the per diem or travel expenses provided to state officers generally.
5. The Task Force shall meet on a quarterly basis. At the first meeting of the Task Force, the members of the Task Force shall elect a Chair and Vice Chair from among its members.
6. A majority of the members of the Task Force constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the Task Force.
Sec. 3. The Transit-to-Trails Task Force created by section 2 of this act shall:
1. Identify high-priority areas for a program to provide or expand access to outdoor recreation areas in this State, using public transit, based on the need for transportation infrastructure to improve access to outdoor recreation for communities with limited transportation or parking, with public safety concerns or where the weather of the community makes public transportation a better option for outdoor recreation access; and
2. Identify and apply for grants of money from the Federal Government and private entities for the expansion of public transit that runs to outdoor recreation areas in this State, including, without limitation, in the high-priority areas identified pursuant to subsection 1.
κ2025 Statutes of Nevada, Page 1281 (CHAPTER 209, SB 405)κ
runs to outdoor recreation areas in this State, including, without limitation, in the high-priority areas identified pursuant to subsection 1.
Sec. 4. NRS 407A.500 is hereby amended to read as follows:
407A.500 As used in NRS 407A.500 to 407A.620, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 407A.510, 407A.515 and 407A.525 have the meanings ascribed to them in those sections.
Sec. 5. The Transit-to-Trails Task Force created by section 2 of this act shall prepare and submit a written report to the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Growth and Infrastructure describing the activities, findings and conclusions of the Task Force and any recommendations for legislation not later than August 31 of each even-numbered year.
Sec. 6. The provisions of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 7. This act becomes effective on July 1, 2025, and expires by limitation on October 1, 2030.
________
Senate Bill No. 418Committee on Finance
CHAPTER 210
[Approved: May 31, 2025]
AN ACT relating to the Public Employees Retirement System; revising provisions relating to the collection of delinquent contributions by the System; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes a system of retirement that provides benefits for the retirement, disability or death of employees of public employers in Nevada known as the Public Employees Retirement System. (NRS 286.110) Under existing law, public employers are required to periodically file payroll reports and remit contributions to the System with respect to their employees. (NRS 286.460) Existing law provides that if a public employer is delinquent by more than 90 days in submitting a payroll report or remitting contributions, the System is required to submit a written complaint to the Department of Taxation asking the Department to take necessary actions to collect the delinquent amount in accordance with the procedure in existing law for delinquent reports of local governments, which includes the withholding of certain payments to which a local government may otherwise be entitled. (NRS 286.462, 354.665) Existing law also provides a procedure for the withholding of certain payments to which a local government may otherwise be entitled for failing to make certain payments to the Public Employees Benefits Program. (NRS 354.671) Section 1 of this bill changes the procedure by which the System is required to collect delinquent contributions by specifying: (1) the entity that is required to be notified regarding delinquent contributions for each type of public employer, including the Department of Taxation in existing law for local governments; and (2) the source of payment for those delinquent contributions for each type of public employer, including the withholding of certain payments to local governments in existing law. Section 1 also removes the applicability of the procedure to delinquent payroll reports. Sections 2-4 of this bill make conforming changes relating to the revised procedure in section 1.
κ2025 Statutes of Nevada, Page 1282 (CHAPTER 210, SB 418)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 286.462 is hereby amended to read as follows:
286.462 If a public employer is delinquent by more than 90 days in [submitting a report or] paying an amount due pursuant to subsection 3 of NRS 286.460, the System shall submit a written [complaint] notification of the delinquent amount to :
1. If the public employer is a department, board, commission or agency of the Executive Department of the State Government, the State Board of Examiners. Payment of the delinquent amount must be made from the Reserve for Statutory Contingency Account upon approval by the State Board of Examiners.
2. If the public employer is within the Judicial Department of the State Government, the Office of Court Administrator created by NRS 1.320. Payment of the delinquent amount must be made from the Contingency Account created by NRS 353.266 upon approval by the Interim Finance Committee.
3. If the public employer is within the Legislative Department of the State Government, the Director of the Legislative Counsel Bureau. Payment of the delinquent amount must be made from the Legislative Fund created by NRS 218A.150.
4. Except as otherwise provided in subsection 5, if the public employer is a local government, the Department of Taxation . [asking it to take such actions as are necessary] Payment of the delinquent amount must be made in accordance with NRS [354.665.] 354.671.
5. If the public employer is a school district, charter school or university school for profoundly gifted pupils, the Superintendent of Public Instruction. Payment of the delinquent amount must be made in accordance with NRS 387.1244.
Sec. 2. NRS 353.264 is hereby amended to read as follows:
353.264 1. The Reserve for Statutory Contingency Account is hereby created in the State General Fund.
2. The State Board of Examiners shall administer the Reserve for Statutory Contingency Account. The money in the Account must be expended only for:
(a) The payment of claims which are obligations of the State pursuant to NRS 41.03435, 41.0347, 62I.025, 176.485, 179.310, 212.040, 212.050, 212.070, 281.174, 282.290, 282.315, 286.462, 293.2504, 293.253, 293.405, 298.710, 304.230, 353.120, 353.262, 412.154 and 475.235;
(b) The payment of claims which are obligations of the State pursuant to:
(1) Chapter 472 of NRS arising from operations of the Division of Forestry of the State Department of Conservation and Natural Resources directly involving the protection of life and property; and
(2) NRS 7.155, 34.750, 176A.640, 179.225, 180.008 and 213.153,
Κ except that claims may be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted;
(c) The payment of claims which are obligations of the State pursuant to NRS 41.0349 and 41.037, but only to the extent that the money in the Fund for Insurance Premiums is insufficient to pay the claims;
κ2025 Statutes of Nevada, Page 1283 (CHAPTER 210, SB 418)κ
(d) The payment of claims which are obligations of the State pursuant to NRS 41.950; and
(e) The payment of claims which are obligations of the State pursuant to NRS 535.030 arising from remedial actions taken by the State Engineer when the condition of a dam becomes dangerous to the safety of life or property.
3. The State Board of Examiners may authorize its Clerk or a person designated by the Clerk, under such circumstances as it deems appropriate, to approve, on behalf of the Board, the payment of claims from the Reserve for Statutory Contingency Account. For the purpose of exercising any authority granted to the Clerk of the State Board of Examiners or to the person designated by the Clerk pursuant to this subsection, any statutory reference to the State Board of Examiners relating to such a claim shall be deemed to refer to the Clerk of the Board or the person designated by the Clerk.
Sec. 3. NRS 354.671 is hereby amended to read as follows:
354.671 1. Upon receipt of notification by [the] :
(a) The Public Employees Retirement System pursuant to subsection 4 of NRS 286.462 that a local government is delinquent by more than 90 days on an amount due to the Public Employees Retirement System pursuant to subsection 3 of NRS 286.460; or
(b) The Board of the Public Employees Benefits Program pursuant to NRS 287.0434 that a local government is delinquent by more than 90 days on an amount due to the Public Employees Benefits Program pursuant to paragraph (b) of subsection 4 of NRS 287.023,
Κ the Executive Director shall notify the governing body that the presence of a representative of the governing body is required at the next practicable scheduled meeting of the Committee to explain the reason that the payment has not been made. The notice must be transmitted to the governing body at least 5 days before the date on which the meeting will be held.
2. If an explanation satisfactory to the Committee is not provided at the meeting as requested in the notice and an arrangement is not made for the submission of the payment, the Committee may instruct the Executive Director to request that the State Treasurer withhold from the local government an amount equal to the amount of the delinquent payment from the next distribution from the Local Government Tax Distribution Account, if the local government is otherwise entitled to receive such a distribution, the local school support tax if the local government is a school district or any other property taxes, taxes on the net proceeds of minerals or grants to which the local government may otherwise be entitled as a distribution from the State. Upon receipt of such a request, the State Treasurer shall withhold that amount from the payment or any future payment as necessary until the State Treasurer is notified by the Executive Director that the delinquent payment has been received by the Department, except that the State Treasurer shall not withhold any payment necessary for the local government to make a timely payment that is due and owing to a holder. The Department shall transmit the delinquent payment to the Public Employees Retirement System or the Public Employees Benefits Program , as applicable, upon receipt.
Sec. 4. NRS 387.1244 is hereby amended to read as follows:
387.1244 1. The Superintendent of Public Instruction may deduct from an apportionment otherwise payable to a school district, charter school or university school for profoundly gifted pupils pursuant to subsection 1 or 2 of NRS 387.124 if the school district, charter school or university school:
κ2025 Statutes of Nevada, Page 1284 (CHAPTER 210, SB 418)κ
(a) Fails to repay an amount due pursuant to subsection 3 of NRS 387.1243. The amount of the deduction from the monthly apportionment must correspond to the amount due.
(b) Fails to repay an amount due the Department as a result of a determination that an expenditure was made which violates the terms of a grant administered by the Department. The amount of the deduction from the monthly apportionment must correspond to the amount due.
(c) Pays a claim determined to be unearned, illegal or unreasonably excessive as a result of an investigation conducted pursuant to NRS 387.3037. The amount of the deduction from the monthly apportionment must correspond to the amount of the claim which is determined to be unearned, illegal or unreasonably excessive.
Κ More than one deduction from an apportionment otherwise payable to a school district, charter school or university school for profoundly gifted pupils may be made pursuant to this subsection if grounds exist for each such deduction.
2. The Superintendent of Public Instruction may authorize the withholding of the entire amount of an apportionment otherwise payable to a school district, charter school or university school for profoundly gifted pupils pursuant to subsection 1 or 2 of NRS 387.124, or a portion thereof, if the school district, charter school or university school for profoundly gifted pupils fails to submit a report or other information that is required to be submitted to the Superintendent, State Board or Department pursuant to a statute. Before authorizing a withholding pursuant to this subsection, the Superintendent of Public Instruction shall provide notice to the school district, charter school or university school for profoundly gifted pupils of the report or other information that is due and provide the school district, charter school or university school with an opportunity to comply with the statute. Any amount withheld pursuant to this subsection must be accounted for separately in the State Education Fund and must be carried forward to the next fiscal year.
3. If, after an amount is withheld pursuant to subsection 2, the school district, charter school or university school for profoundly gifted pupils subsequently submits the report or other information required by a statute for which the withholding was made, the Superintendent of Public Instruction shall immediately authorize the payment of the amount withheld to the school district, charter school or university school for profoundly gifted pupils.
4. The Superintendent of Public Instruction shall deduct from an apportionment otherwise payable to a school district, charter school or university school for profoundly gifted pupils pursuant to subsection 1 or 2 of NRS 387.124 if the Superintendent receives written notification from the Public Employees Retirement System pursuant to NRS 286.462 that the school district, charter school or university school failed to pay an amount due pursuant to subsection 3 of NRS 286.460. The amount of the deduction from the monthly apportionment must correspond to the amount that is specified in the written notification.
5. A school district, charter school or university school for profoundly gifted pupils may appeal to the State Board a decision of the Superintendent of Public Instruction to deduct or withhold from an apportionment pursuant to this section. The Secretary of the State Board shall place the subject of the appeal on the agenda of the next meeting for consideration by the State Board.
Sec. 5. This act becomes effective upon passage and approval.
________
κ2025 Statutes of Nevada, Page 1285 (CHAPTER 210, SB 418)κ
EMERGENCY REQUEST of Senate Majority Leader
Senate Bill No. 459Senator Cannizzaro
CHAPTER 211
[Approved: May 31, 2025]
AN ACT relating to gaming; revising provisions relating to the operation of a gaming salon; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Nevada Gaming Commission, with the advice and assistance of the Nevada Gaming Control Board, to adopt regulations governing the standards of operation for a gaming salon, including the policies and procedures governing certain games which may be offered in a gaming salon. Existing law further provides that such regulations: (1) must require a gaming salon to include table games; (2) may authorize a gaming salon to include slot machines; and (3) must require minimum wagers of $500 for slot machines in a gaming salon. (NRS 463.4073) This bill authorizes the regulations governing the standards of operation for a gaming salon to allow for table games, slot machines or other gambling games, or any combination thereof. This bill also requires the regulations to provide that the minimum wagers for slot machines in a gaming salon must be established by the licensee and approved 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. NRS 463.4073 is hereby amended to read as follows:
463.4073 The Commission shall, with the advice and assistance of the Board, adopt regulations setting forth:
1. The policies and procedures for approval of a license to operate a gaming salon.
2. The standards of operation for a gaming salon, including, without limitation, policies and procedures governing:
(a) Surveillance and security systems.
(b) The games offered. The regulations must provide that the games offered [must] may include table games , [and may include] slot machines [.] or any other gambling games, or any combination thereof.
(c) Minimum wagers for any game offered. The regulations must provide that minimum wagers for slot machines must [not be less than $500.] be established by the licensee and approved by the Board.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2025 Statutes of Nevada, Page 1286κ
Assembly Bill No. 367Committee on Legislative Operations and Elections
CHAPTER 212
[Approved: June 2, 2025]
AN ACT relating to elections; setting forth certain language access requirements relating to elections; requiring the Secretary of State to employ a language access coordinator; providing that a registered voter with a physical disability may use a mobile device to access interpretive services; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, each voting system used by a county or city is required to provide voting materials in English and every language in which voting materials are required to be prepared pursuant to federal law. (52 U.S.C. § 10503; NRS 293.2699) Section 5 of this bill requires the Secretary of State to ensure that voting materials and other elections information are posted on the Internet website of the Office of the Secretary of State in certain languages. Section 4 of this bill defines the term voting materials. Section 11 of this bill applies that definition to the provisions of existing law relating to elections.
Section 6 of this bill requires the Secretary of State to establish a toll-free telephone number which may be used by any person to receive language interpretation or assistance with translation relating to an election.
Section 9 of this bill requires the Secretary of State to employ a person to serve as the language access coordinator for the Office of the Secretary of State, who is in the classified service of the State.
Existing law provides that, with certain exceptions, any registered voter who by reason of a physical disability or an inability to read or write English is unable to mark a ballot or use any voting device without assistance is entitled to assistance from a consenting person of his or her own choice. (NRS 293.296) Section 16 of this bill provides that a registered voter with a physical disability may also use a mobile device to access interpretive services to assist him or her in casting a vote in an election. Such interpretive services include, without limitation, interpretive services using American Sign Language.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Secs. 2 and 3. (Deleted by amendment.)
Sec. 4. Voting materials means the following written materials:
1. Applications to preregister or register to vote;
2. Ballots and the instructions for the use of such ballots, including, without limitation, mail ballots, sample ballots and provisional ballots;
3. Voting instructions;
4. Information and instructions relating to the location of polling places, including, without limitation, vote centers, permanent polling places for early voting and temporary branch polling places and the hours during which such polling places will be open;
κ2025 Statutes of Nevada, Page 1287 (CHAPTER 212, AB 367)κ
5. Any notices required to be provided for an election pursuant to title 24 of NRS;
6. Ballot questions;
7. Any forms prepared for an election to assist voters; and
8. Any other voting materials required to be translated pursuant to the regulations adopted by the Secretary of State pursuant to section 5 of this act.
Sec. 5. The Secretary of State shall ensure that voting materials and other elections information that is posted on the Internet website of the Office of the Secretary of State are available on the website in any language in which voting materials are required to be prepared pursuant to 52 U.S.C. § 10503 and American Sign Language. If there are less than seven languages in which voting materials are required to be prepared pursuant to 52 U.S.C. § 10503, the Secretary of State shall ensure that voting materials and other elections information are posted pursuant to this subsection in at least the seven most commonly spoken languages in the State and American Sign Language. If any such language does not have a standard writing system, the information required to be posted must be set forth in an audio recording in the language. Except as otherwise provided in this subsection, the Secretary of State shall use a translator who is certified in the specific language to translate the information required pursuant to this subsection. If such a certified translator is not available to translate the information as required by this subsection, the Secretary of State shall make a continuous effort to find such a certified translator or coordinate with the respective minority group for assistance with the translation.
Sec. 6. 1. The Secretary of State shall:
(a) Establish a toll-free telephone number which may be used by any person in this State to receive language interpretation or assistance with translation relating to an election, including, without limitation, voter registration or other voter assistance; and
(b) Post the toll-free telephone number established pursuant to paragraph (a) on the Internet website of the Office of the Secretary of State.
2. The Secretary of State shall ensure that the toll-free telephone number established pursuant to subsection 1 provides language interpretation or assistance with translation relating to an election in the 200 most commonly spoken languages in the State and American Sign Language.
Secs. 7 and 8. (Deleted by amendment.)
Sec. 9. 1. The Secretary of State shall employ a person to serve as the language access coordinator for the Office of the Secretary of State.
2. A language access coordinator employed pursuant to subsection 1 is in the classified service of the State.
Sec. 10. In addition to any other requirement relating to language access, the Secretary of State shall ensure that all elections-related communications and information are made available to voters in English and Spanish.
Sec. 11. NRS 293.010 is hereby amended to read as follows:
293.010 As used in this title, unless the context otherwise requires, the words and terms defined in NRS 293.016 to 293.121, inclusive, and section 4 of this act have the meanings ascribed to them in those sections.
κ2025 Statutes of Nevada, Page 1288 (CHAPTER 212, AB 367)κ
Secs. 12-15. (Deleted by amendment.)
Sec. 16. NRS 293.296 is hereby amended to read as follows:
293.296 1. Any registered voter who by reason of a physical disability or an inability to read or write English is unable to mark a ballot or use any voting device without assistance is entitled to assistance from a consenting person of his or her own choice, except:
(a) The voters employer or an agent of the voters employer; or
(b) An officer or agent of the voters labor organization.
2. A person providing assistance pursuant to this section to a voter in casting a vote shall not disclose any information with respect to the casting of that ballot.
3. A registered voter with a physical disability may use a mobile device to access interpretive services to assist him or her in casting a vote in an election. Such interpretive services include, without limitation, interpretive services using American Sign Language.
4. The right to assistance in casting a ballot may not be denied or impaired when the need for assistance is apparent or is known to the election board or any member thereof or when the registered voter requests such assistance in any manner.
[4.] 5. In addition to complying with the requirements of this section, the county clerk and election board officer shall, upon the request of a registered voter with a physical disability, make reasonable accommodations to allow the voter to vote at a polling place at which he or she is entitled to vote.
Sec. 17. (Deleted by amendment.)
Sec. 18. NRS 293.4687 is hereby amended to read as follows:
293.4687 1. The Secretary of State shall maintain a website on the Internet for public information maintained, collected or compiled by the Secretary of State that relates to elections, which must include, without limitation:
(a) The Voters Bill of Rights required to be posted on the Secretary of States Internet website pursuant to the provisions of NRS 293.2549;
(b) The abstract of votes required to be posted on a website pursuant to the provisions of NRS 293.388;
(c) A current list of the registered voters in this State that also indicates the petition district in which each registered voter resides;
(d) A map or maps indicating the boundaries of each petition district; [and]
(e) All reports submitted to the Secretary of State pursuant to the provisions of chapter 294A of NRS [.] ; and
(f) The toll-free telephone number established by the Secretary of State pursuant to section 6 of this act.
2. The information required to be maintained, collected and compiled by the Secretary of State pursuant to subsection 1 must be made available in all languages in which information and voting materials are required to be provided pursuant to section 5 of this act.
3. The abstract of votes required to be maintained on the website pursuant to paragraph (b) of subsection 1 must be maintained in such a format as to permit the searching of the abstract of votes for specific information.
[3.] 4. If the information required to be maintained by the Secretary of State pursuant to subsection 1 may be obtained by the public from a website on the Internet maintained by a county clerk or city clerk, the Secretary of State may provide a hyperlink to that website to comply with the provisions of subsection 1 with regard to that information.
κ2025 Statutes of Nevada, Page 1289 (CHAPTER 212, AB 367)κ
on the Internet maintained by a county clerk or city clerk, the Secretary of State may provide a hyperlink to that website to comply with the provisions of subsection 1 with regard to that information.
Secs. 19-43. (Deleted by amendment.)
Sec. 44. 1. This section and sections 41, 42 and 43 of this act become effective upon passage and approval.
2. Sections 1 to 40, 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 January 1, 2026, for all other purposes.
________
Assembly Bill No. 69Committee on Revenue
CHAPTER 213
[Approved: June 2, 2025]
AN ACT relating to taxation; removing the prospective expiration of the Nye County Sales and Use Tax Act of 2007; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Board of County Commissioners of Nye County to impose a sales and use tax in Nye County to: (1) recruit, employ and equip additional firefighters, deputy sheriffs to the Sheriff and other public safety personnel; (2) improve and equip existing public safety facilities; and (3) construct and equip new public safety facilities in the areas of Pahrump, Amargosa Valley, Beatty, Tonopah, Round Mountain, Manhattan, Gabbs and any other town or city created in Nye County after October 1, 2007, and in the remaining unincorporated area of Nye County on a pro rata basis. (Nye County Sales and Use Tax Act of 2007) The Nye County Sales and Use Tax Act of 2007 is set to expire on October 1, 2027. (Section 23 of chapter 545, Statutes of Nevada 2007, at page 3428, as amended by chapter 623, Statutes of Nevada 2019, at page 4192) Sections 1 and 2 of this bill remove the prospective expiration of the Act and amendments relating thereto, thereby authorizing the imposition of such a tax in Nye County after October 1, 2027.
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. Section 23 of chapter 545, Statutes of Nevada 2007, at page 3428, as amended by chapter 623, Statutes of Nevada 2019, at page 4192, is hereby amended to read as follows:
Sec. 23. 1. This section and sections 3 to 22, inclusive, of this act become effective:
(a) Upon passage and approval for the purposes of enacting ordinances and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
κ2025 Statutes of Nevada, Page 1290 (CHAPTER 213, AB 69)κ
(b) On October 1, 2007, for all other purposes.
2. Sections 1 and 2 of this act become effective on October 1, 2007.
[3. Sections 3 to 22, inclusive, of this act expire by limitation on October 1, 2027.]
Sec. 2. Section 28 of chapter 387, Statutes of Nevada 2009, at page 2104, as amended by chapter 623, Statutes of Nevada 2019, at page 4192, is hereby amended to read as follows:
Sec. 28. 1. This section and sections 4, 18 and 27 of this act become effective upon passage and approval.
2. Sections 2, 3, 5, 6, 7, 9, 11 to 16, inclusive, and 19 to 26, inclusive, of this act become effective on July 1, 2009.
3. Section 17 of this act becomes effective on July 1, 2011.
4. [Section 25 of this act expires by limitation on September 30, 2027.
5.] Sections 7 and 9 of this act expire by limitation on September 30, 2029.
[6.] 5. Sections 8 and 10 of this act become effective on October 1, 2029.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 453Committee on Finance
CHAPTER 214
[Approved: June 2, 2025]
AN ACT making an appropriation to restore the balance in the Reserve for Statutory Contingency Account; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State General Fund to restore the balance in the Reserve for Statutory Contingency Account created by NRS 353.264 the sum of $9,835,522.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2025 Statutes of Nevada, Page 1291κ
Assembly Bill No. 3Committee on Judiciary
CHAPTER 215
[Approved: June 3, 2025]
AN ACT relating to civil actions; revising provisions relating to alternate dispute resolution for certain civil actions; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires, with certain exceptions, civil actions for damages that do not exceed $50,000 per plaintiff to be submitted to nonbinding arbitration. (NRS 38.250, 38.255) Section 1.5 of this bill increases the monetary threshold for mandatory nonbinding arbitration in civil actions to $100,000 per plaintiff. Section 2 of this bill makes a conforming change to reflect that the monetary threshold for mandatory nonbinding arbitration is increased to $100,000 per plaintiff by section 1.5.
Existing law requires the Supreme Court to adopt rules to provide for the establishment of a program of arbitration, and such rules must include, for example: (1) provisions for the payment of fees to an arbitrator who is appointed to hear a case and who must be compensated at a rate of $100 per hour, to a maximum of $1,000 per case, unless otherwise authorized by the arbitration commissioner for good cause shown; (2) guidelines for the award of attorneys fees; and (3) exclusion of certain types of actions from the program, such as class actions, probate actions and actions involving domestic relations. (NRS 38.255) Section 2 revises the requirements for the rules adopted by the Supreme Court to: (1) remove the existing limitations on the amount of compensation for an arbitrator and instead require the payment of both fees and costs to an arbitrator, which are generally subject to certain maximum limitations on compensation required to be established by the rules; (2) authorize an arbitrator to award to a prevailing party attorneys fees in an amount not to exceed $15,000, as provided by specific statute or court rule, and costs and interest as provided by specific statute or court rule; and (3) exclude additional types of actions from the program.
Existing law provides that the Supreme Court may authorize the use of settlement conferences and other alternative methods of resolving disputes, including, without limitation, a short trial. If the Supreme Court authorizes the use of an alternative method of resolving disputes, the Supreme Court is required to adopt rules and procedures to govern the use of any such method. (NRS 38.258) Section 3 of this bill provides that if the Supreme Court authorizes the use of a short trial, in addition to any other appropriate provisions, the rules and procedures governing a short trial must authorize the short trial judge to award to the prevailing party attorneys fees in an amount not to exceed $15,000, as provided by specific statute or court rule.
Sections 1, 1.5 and 3 make a conforming change to apply the definition of the term short trial to the provisions of this bill.
κ2025 Statutes of Nevada, Page 1292 (CHAPTER 215, AB 3)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. Chapter 38 of NRS is hereby amended by adding thereto a new section to read as follows:
As used in NRS 38.250 to 38.259, inclusive, unless the context otherwise requires, short trial means a trial that is conducted, with the consent of the parties to the action, in accordance with procedures designed to limit the length of the trial, including, without limitation, restrictions on the amount of discovery requested by each party, the use of a jury composed of not more than eight persons and a specified limit on the amount of time each party may use to present the partys case.
Sec. 1.5. NRS 38.250 is hereby amended to read as follows:
38.250 1. Except as otherwise provided in NRS 38.310:
(a) All civil actions filed in district court for damages, if the cause of action arises in the State of Nevada and the amount in issue does not exceed [$50,000] $100,000 per plaintiff, exclusive of attorneys fees, interest and court costs, must be submitted to nonbinding arbitration in accordance with the provisions of NRS 38.250 to 38.259, inclusive, unless the parties have agreed or are otherwise required to submit the action to an alternative method of resolving disputes established by the Supreme Court pursuant to NRS 38.258, including, without limitation, a settlement conference, mediation or a short trial.
(b) A civil action for damages filed in justice court may be submitted to binding arbitration or to an alternative method of resolving disputes, including, without limitation, a settlement conference or mediation, if the parties agree to the submission.
2. An agreement entered into pursuant to this section must be:
(a) Entered into at the time of the dispute and not be a part of any previous agreement between the parties;
(b) In writing; and
(c) Entered into knowingly and voluntarily.
Κ An agreement entered into pursuant to this section that does not comply with the requirements set forth in this subsection is void.
[3. As used in this section, short trial means a trial that is conducted, with the consent of the parties to the action, in accordance with procedures designed to limit the length of the trial, including, without limitation, restrictions on the amount of discovery requested by each party, the use of a jury composed of not more than eight persons and a specified limit on the amount of time each party may use to present the partys case.]
Sec. 2. NRS 38.255 is hereby amended to read as follows:
38.255 1. The rules adopted by the Supreme Court pursuant to NRS 38.253 to provide guidelines for the establishment by a district court of a program must include provisions for a:
(a) Mandatory program for the arbitration of civil actions pursuant to NRS 38.250.
κ2025 Statutes of Nevada, Page 1293 (CHAPTER 215, AB 3)κ
(b) Voluntary program for the arbitration of civil actions if the cause of action arises in the State of Nevada and the amount in issue exceeds [$50,000] $100,000 per plaintiff, exclusive of attorneys fees, interest and court costs.
(c) Voluntary program for the use of binding arbitration in all civil actions.
2. The rules must provide that the district court of any judicial district whose population is 100,000 or more:
(a) Shall establish programs pursuant to paragraphs (a), (b) and (c) of subsection 1.
(b) May set fees and charge parties for arbitration if the amount in issue exceeds [$50,000] $100,000 per plaintiff, exclusive of attorneys fees, interest and court costs.
Κ The rules may provide for similar programs for the other judicial districts.
3. The rules must exclude the following from any program of mandatory arbitration:
(a) Actions in which the amount in issue, excluding attorneys fees, interest and court costs, is more than [$50,000] $100,000 or less than the maximum jurisdictional amounts specified in NRS 4.370 and 73.010;
(b) Class actions;
(c) Actions in equity;
(d) Actions concerning the title to real estate;
(e) Probate actions;
(f) Appeals from courts of limited jurisdiction;
(g) Actions for declaratory relief;
(h) Actions involving divorce or problems of domestic relations;
(i) Actions brought for relief based on any extraordinary writs;
(j) Actions for the judicial review of an administrative decision;
(k) Actions in which the parties, pursuant to a written agreement executed before the accrual of the cause of action or pursuant to rules adopted by the Supreme Court, have submitted the controversy to arbitration or any other alternative method for resolving a dispute;
(l) Actions that present unusual circumstances that constitute good cause for removal from the program;
(m) Actions in which any of the parties is incarcerated; [and]
(n) Actions submitted to mediation pursuant to rules adopted by the Supreme Court [.] ;
(o) Actions in which an insurer is alleged to have acted in bad faith regarding its obligations to provide insurance coverage and punitive damages are sought;
(p) Actions involving sexual assault or sexual battery; and
(q) Actions for product liability.
4. The rules must include:
(a) Provisions for the payment of fees and costs to an arbitrator who is appointed to hear a case pursuant to the rules. The rules must [provide that] set maximum limitations on the compensation of an arbitrator [must be compensated at a rate of $100 per hour, to a maximum of $1,000 per case, unless otherwise authorized] , except that the limitations may be waived by the arbitration judge or arbitration commissioner for good cause shown.
κ2025 Statutes of Nevada, Page 1294 (CHAPTER 215, AB 3)κ
(b) Guidelines [for the] authorizing an arbitrator to award [of attorneys] to the prevailing party:
(1) Attorneys fees [and] in an amount not to exceed $15,000, as provided by specific statute or court rule; and
(2) Costs and interest as provided by specific statute or court rule.
(c) Guidelines setting maximum limitations on the costs to the parties of the arbitration.
[(c)] (d) Disincentives to appeal.
[(d)] (e) Provisions for trial upon the exercise by either party of the partys right to a trial anew after the arbitration.
Sec. 3. NRS 38.258 is hereby amended to read as follows:
38.258 1. The Supreme Court may authorize the use of settlement conferences and other alternative methods of resolving disputes, including, without limitation, mediation and a short trial, that are available in the county in which a district court is located:
(a) In lieu of submitting an action to nonbinding arbitration pursuant to NRS 38.250; or
(b) During or following such nonbinding arbitration if the parties agree that the use of any such alternative methods of resolving disputes would assist in the resolution of the dispute.
2. If the Supreme Court authorizes the use of an alternative method of resolving disputes pursuant to subsection 1, the Supreme Court shall adopt rules and procedures to govern the use of any such method.
3. [As used in this section, short trial has the meaning ascribed to it in NRS 38.250.] If the Supreme Court authorizes the use of a short trial pursuant to this section, in addition to any other appropriate provisions, the rules and procedures governing a short trial must authorize the short trial judge to award to the prevailing party attorneys fees in an amount not to exceed $15,000, as provided by specific statute or court rule.
Sec. 4. (Deleted by amendment.)
Sec. 5. The amendatory provisions of this act apply to civil actions filed on or after January 1, 2026.
Sec. 6. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 5, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any rules and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2026, for all other purposes.
________
κ2025 Statutes of Nevada, Page 1295κ
Assembly Bill No. 15Committee on Government Affairs
CHAPTER 216
[Approved: June 3, 2025]
AN ACT relating to Medicaid fraud; revising the authority of the Attorney General, acting through the Medicaid Fraud Control Unit, to issue subpoenas; setting forth procedures for the enforcement of such a subpoena; revising provisions governing certain actions for false or fraudulent claims; revising the penalties for failing to maintain certain records relating to Medicaid claims; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Medicaid Fraud Control Unit within the Office of the Attorney General as the agency responsible for the investigation and prosecution of violations or offenses relating to the State Plan for Medicaid. (NRS 228.410) In carrying out those duties and responsibilities, existing law authorizes the Attorney General, acting through the chief executive of the Medicaid Fraud Control Unit or his or her designee, to issue a subpoena for documents, records or materials. (NRS 228.411) Section 1 of this bill additionally authorizes such a subpoena to compel a person to: (1) appear and be examined under oath; and (2) answer written interrogatories under oath. Under section 1 the Attorney General is authorized to use any documents, records, materials, testimony or answers produced pursuant to such a subpoena in the course of a civil action involving Medicaid fraud, but prohibited from using those items in the course of a criminal action. Section 1 sets forth procedures by which the Attorney General may petition a court for the issuance of an order to compel compliance with such a subpoena.
Existing federal law provides financial incentives for states that enact laws establishing liability for false or fraudulent claims made to the State Plan for Medicaid. (42 U.S.C. § 1396h) To be eligible for these financial incentives, the laws of a state must contain provisions that are at least as effective at rewarding and facilitating certain qui tam actions for false or fraudulent claims as those described in the federal False Claims Act. (31 U.S.C. §§ 3729-3732) Existing federal law prohibits a private person from bringing a qui tam action against a person for false or fraudulent claims if the action is based upon allegations or transactions which are the subject of a civil suit or an administrative civil money penalty proceeding in which the Federal Government is already a party. (31 U.S.C. § 3730(e)(3)) Existing state law contains similar provisions, but prohibits a private plaintiff from maintaining, rather than bringing, a qui tam action for false or fraudulent claims if the action is based upon allegations or transactions that are the subject of a civil action or administrative proceeding for a monetary penalty to which the State or political subdivision is already a party. (NRS 357.080) Section 2 of this bill revises that prohibition, consistent with federal law, to prohibit a person from bringing, rather than maintaining, such an action under those circumstances.
Existing law makes it a gross misdemeanor for a person to intentionally fail to maintain certain records relating to a claim for payment for goods or services pursuant to the State Plan for Medicaid. (NRS 422.570) Section 3 of this bill instead makes the punishment for such an offense: (1) a misdemeanor if the amount of the claim was less than $650; and (2) a gross misdemeanor if the amount of the claim was $650 or more.
κ2025 Statutes of Nevada, Page 1296 (CHAPTER 216, AB 15)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 228.411 is hereby amended to read as follows:
228.411 1. In carrying out the duties and responsibilities under NRS 228.410, the Attorney General, acting through the chief executive of the Medicaid Fraud Control Unit or his or her designee, may issue a subpoena [for] to compel a person to:
(a) Produce documents, records or materials [.] ;
(b) Appear and be examined under oath;
(c) Answer written interrogatories under oath; or
(d) Perform any combination of the actions described in paragraphs (a), (b) and (c).
2. The Attorney General may use any documents, records , [or] materials , testimony or answers produced pursuant to a subpoena issued under this section in the course of a civil action brought pursuant to NRS 228.410. The Attorney General may not use any documents, records, materials, testimony or answers produced pursuant to a subpoena issued under this section in the course of a criminal action.
3. [Any] If a person [who willfully] fails or refuses to comply with a subpoena issued pursuant to this section [is guilty of a misdemeanor.] , the Attorney General may petition the district court in the county in which the person resides or has his or her principal place of business. Upon the filing of such a petition, the court shall set a time for a hearing on the petition and provide notice of the petition and hearing to the parties.
4. Except as otherwise provided in subsection 5, the court shall enter an order compelling compliance with the subpoena if, at the hearing, the court finds that:
(a) The subpoena was properly issued;
(b) There is reasonable cause to believe that a violation of NRS 422.540 to 422.570, inclusive, or any fraud in the administration of the Plan or in the provision of medical assistance pursuant to the Plan has occurred or is occurring; and
(c) The document, record, material, testimony or answer is relevant to the investigation of the Attorney General.
5. The court may, on motion by the person upon whom the subpoena was served and upon a showing of good cause, modify the order issued pursuant to subsection 4 or issue any further order that justice may require to protect the person from unreasonable annoyance, embarrassment, oppression, burden or expense.
[4.] 6. A subpoena issued pursuant to this section must include a copy of the provisions of subsections 1 [, 2 and 3.] to 5, inclusive.
7. As used in this section, Plan has the meaning ascribed to it in NRS 228.410.
Sec. 2. NRS 357.080 is hereby amended to read as follows:
357.080 1. Except as otherwise provided in this section and NRS 357.100, a private plaintiff may bring an action pursuant to this chapter for a violation of NRS 357.040 on his or her own account and that of the State or a political subdivision, or both the State and a political subdivision. The action must be brought in the name of the State or the political subdivision, or both. After such an action is commenced, it may be dismissed only with written consent of the court and the Attorney General.
κ2025 Statutes of Nevada, Page 1297 (CHAPTER 216, AB 15)κ
consent of the court and the Attorney General. The court and the Attorney General shall take into account the public purposes of this chapter and the best interests of the parties in dismissing the action or consenting to the dismissal, as applicable, and provide the reasons for dismissing the action or consenting to the dismissal, as applicable.
2. If a private plaintiff brings an action pursuant to this chapter, no person other than the Attorney General or the Attorney Generals designee may intervene or bring a related action pursuant to this chapter based on the facts underlying the first action.
3. An action may not be [maintained] brought by a private plaintiff pursuant to this chapter:
(a) Against a member of the Legislature or the Judiciary, an elected officer of the Executive Department of the State Government, or a member of the governing body of a political subdivision, if the action is based upon evidence or information known to the State or political subdivision at the time the action was brought.
(b) If the action is based upon allegations or transactions that are the subject of a civil action or an administrative proceeding for a monetary penalty to which the State or political subdivision is already a party.
4. A complaint filed pursuant to this section must be placed under seal and so remain for at least 60 days or until the Attorney General or a designee of the Attorney General pursuant to NRS 357.070 has elected whether to intervene. No service may be made upon the defendant until so ordered by the court.
5. On the date the private plaintiff files a complaint, he or she shall send a copy of the complaint to the Attorney General by mail with return receipt requested. The private plaintiff shall send with each copy of the complaint a written disclosure of substantially all material evidence and information he or she possesses. If a district attorney or city attorney has accepted a designation from the Attorney General pursuant to NRS 357.070, the Attorney General shall forward a copy of the complaint to the district attorney or city attorney, as applicable.
6. An action pursuant to this chapter may be brought in any judicial district in this State in which the defendant can be found, resides, transacts business or in which any of the alleged fraudulent activities occurred.
Sec. 3. NRS 422.570 is hereby amended to read as follows:
422.570 1. A person [is guilty of a gross misdemeanor if,] who, upon submitting a claim for or upon receiving payment for goods or services pursuant to the Plan, [the person] intentionally fails to maintain such records as are necessary to disclose fully the nature of the goods or services for which a claim was submitted or payment was received, or such records as are necessary to disclose fully all income and expenditures upon which rates of payment were based, for at least 5 years after the date on which payment was received [.] is guilty of:
(a) If the amount of the claim is less than $650, a misdemeanor.
(b) If the amount of the claim is $650 or more, a gross misdemeanor.
2. A person who intentionally destroys such records within 5 years after the date payment was received is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Sec. 4. This act becomes effective upon passage and approval.
________
κ2025 Statutes of Nevada, Page 1298κ
Assembly Bill No. 19Committee on Health and Human Services
CHAPTER 217
[Approved: June 3, 2025]
AN ACT relating to substance use disorders; revising the membership of the Statewide Substance Use Response Working Group; revising the date by which the Working Group must submit a certain report; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Statewide Substance Use Response Working Group in the Office of the Attorney General to leverage and expand efforts by state and local governmental entities to reduce the use of substances which are associated with substance use disorders. Existing law further: (1) provides that the membership of the Working Group consists of 18 members, 12 of whom are appointed by the Attorney General; and (2) requires the Working Group to submit to the Governor, the Attorney General and the Legislature on or before January 31 of each year a report which includes recommendations for programs to address substance misuse and substance use disorders. (NRS 458.460, 458.480) Section 1 of this bill provides that, for purposes of membership of the Working Group, the designee of the Director of the Department of Health and Human Services must be a person from within the Division of Public and Behavioral Health of the Department. Section 1 also adds to the membership of the Working Group: (1) the Executive Director of the Department of Indigent Defense Services, or his or her designee; and (2) four members appointed by the Attorney General. Section 1.5 of this bill requires the Working Group to submit the report on or before August 1 of each year, rather than on or before January 31 of each year.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 458.460 is hereby amended to read as follows:
458.460 1. The Statewide Substance Use Response Working Group is hereby created in the Office of the Attorney General.
2. The Working Group consists of the following members:
(a) The Attorney General or his or her designee;
(b) The Director of the Department of Health and Human Services, or his or her designee [;] from within the Division;
(c) The Executive Director of the Department of Indigent Defense Services, or his or her designee;
(d) One member of the Senate who is appointed by the Senate Majority Leader;
[(d)] (e) One member of the Senate who is appointed by the Senate Minority Leader;
[(e)] (f) One member of the Assembly who is appointed by the Speaker of the Assembly;
[(f)] (g) One member of the Assembly who is appointed by the Assembly Minority Leader; and
κ2025 Statutes of Nevada, Page 1299 (CHAPTER 217, AB 19)κ
[(g)] (h) The following members, appointed by the Attorney General:
(1) One representative of a local governmental entity that provides or oversees the provision of human services in a county whose population is 700,000 or more;
(2) One representative of a local governmental entity that provides or oversees the provision of human services in a county whose population is 100,000 or more but less than 700,000;
(3) One representative of a local governmental entity that provides or oversees the provision of human services in a county whose population is less than 100,000;
(4) One provider of health care with expertise in medicine for the treatment of substance use disorders;
(5) One representative of the Nevada Sheriffs and Chiefs Association, or its successor organization;
(6) One advocate for persons who have substance use disorders and family members of such persons;
(7) One person who is in recovery from a substance use disorder;
(8) One person who provides services relating to the treatment of substance use disorders;
(9) One representative of a substance use disorder prevention coalition;
(10) One representative of a program to reduce the harm caused by substance misuse;
(11) One representative of a hospital; [and]
(12) One representative of a school district [.] ;
(13) One member of the general public, with preference given to a person who is fluent in more than one language and resides in a household where more than one language is spoken;
(14) One person who is an emergency response employee;
(15) One representative of the Division of Child and Family Services of the Department of Health and Human Services; and
(16) One representative of the Nevada District Attorneys Association, or its successor organization.
3. After the initial terms, members of the Working Group serve terms of 2 years and serve at the pleasure of the appointing authority. Members may be reappointed for additional terms of 2 years in the same manner as the original appointments.
4. If a vacancy occurs during a members term, the appointing authority shall appoint a replacement for the remainder of the unexpired term. A vacancy must be filled in the same manner as the original appointment.
5. Members of the Working Group serve without compensation and are not entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
6. A member of the Working Group who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation to prepare for and attend meetings of the Working Group and perform any work necessary to carry out the duties of the Working Group in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Working Group to:
(a) Make up the time he or she is absent from work to carry out his or her duties as a member of the Working Group; or
κ2025 Statutes of Nevada, Page 1300 (CHAPTER 217, AB 19)κ
(b) Take annual leave or compensatory time for the absence.
7. As used in this section [, substance] :
(a) Attendant has the meaning ascribed to it in NRS 450B.050.
(b) Emergency response employee means a firefighter, attendant, volunteer attendant, emergency medical technician, advanced emergency medical technician, emergency medical dispatcher, paramedic, law enforcement officer, correctional officer, other peace officer or person who is employed by an agency of criminal justice, including, without limitation, a law enforcement dispatcher, county coroner or medical examiner or any of their employees, or any other person who, in the course of his or her professional duties, responds to emergencies in this State.
(c) Substance use disorder prevention coalition means a coalition of persons and entities who possess knowledge and experience related to the prevention of substance misuse and substance use disorders in a region of this State.
Sec. 1.5. NRS 458.480 is hereby amended to read as follows:
458.480 1. The Working Group shall:
(a) Leverage and expand efforts by state and local governmental entities to reduce the use of substances which are associated with substance use disorders, including, without limitation, heroin, other synthetic and non-synthetic opioids and stimulants, and identify ways to enhance those efforts through coordination and collaboration.
(b) Assess evidence-based strategies for preventing substance use and intervening to stop substance use, including, without limitation, the use of heroin, other synthetic and non-synthetic opioids and stimulants. Such strategies must include, without limitation, strategies to:
(1) Help persons at risk of a substance use disorder avoid developing a substance use disorder;
(2) Discover potentially problematic substance use in a person and intervene before the person develops a substance use disorder;
(3) Treat the medical consequences of a substance use disorder in a person and facilitate the treatment of the substance use disorder to minimize further harm; and
(4) Reduce the harm caused by substance use, including, without limitation, by preventing overdoses.
(c) Assess and evaluate existing pathways to treatment and recovery for persons with substance use disorders, including, without limitation, such persons who are members of special populations.
(d) Work to understand how residents of this State who are involved in the criminal justice system access supports for treatment of and recovery from substance use disorders at various points, including, without limitation, by reviewing existing diversion, deflection and reentry programs for such persons.
(e) Evaluate ways to improve and expand evidence-based or evidence-informed programs, procedures and strategies to treat and support recovery from opioid use disorder and any co-occurring substance use disorder, including, without limitation, among members of special populations.
(f) Examine support systems and programs for persons who are in recovery from opioid use disorder and any co-occurring substance use disorder.
(g) Make recommendations to entities including, without limitation, the State Board of Pharmacy, professional licensing boards that license practitioners, other than veterinarians, the State Board of Health, the Division, the Governor and the Legislature, to ensure that controlled substances are appropriately prescribed in accordance with the provisions of NRS 639.2391 to 639.23916, inclusive.
κ2025 Statutes of Nevada, Page 1301 (CHAPTER 217, AB 19)κ
practitioners, other than veterinarians, the State Board of Health, the Division, the Governor and the Legislature, to ensure that controlled substances are appropriately prescribed in accordance with the provisions of NRS 639.2391 to 639.23916, inclusive.
(h) Examine qualitative and quantitative data to understand the risk factors that contribute to substance use and the rates of substance use and substance use disorders, focusing on special populations.
(i) Develop strategies for local, state and federal law enforcement and public health agencies to respond to and prevent overdoses and plans for implementing those strategies.
(j) Study the efficacy and expand the implementation of programs to:
(1) Educate youth and families about the effects of substance use and substance use disorders; and
(2) Reduce the harms associated with substance use and substance use disorders while referring persons with substance use disorders to evidence-based treatment.
(k) Recommend strategies to improve coordination between local, state and federal law enforcement and public health agencies to enhance the communication of timely and relevant information relating to substance use and reduce duplicative data collection and research.
(l) Evaluate current systems for sharing information between agencies regarding the trafficking and distribution of legal and illegal substances which are associated with substance use disorders, including, without limitation, heroin, other synthetic and non-synthetic opioids and stimulants.
(m) Study the effects of substance use disorders on the criminal justice system, including, without limitation, law enforcement agencies and correctional institutions.
(n) Study the sources and manufacturers of substances which are associated with substance use disorders, including, without limitation, heroin, other synthetic and non-synthetic opioids and stimulants, and methods and resources for preventing the manufacture, trafficking and sale of such substances.
(o) Study the effectiveness of criminal and civil penalties at preventing the misuse of substances and substance use disorders and the manufacture, trafficking and sale of substances which are associated with substance use disorders, including, without limitation, heroin, other synthetic and non-synthetic opioids and stimulants.
(p) Evaluate the effects of substance use disorders on the economy of this State.
(q) Study, evaluate and make recommendations to the Department of Health and Human Services concerning the use of the money described in NRS 458.490 to address substance use disorders, with a focus on:
(1) The use of the money described in subsections 1, 2 and 3 of NRS 458.490 to supplement rather than supplant existing state or local spending;
(2) The use of the money described in NRS 458.490 to support programs that use evidence-based interventions;
(3) The use of the money described in NRS 458.490 to support programs for the prevention of substance use disorders in youth;
(4) The use of the money described in NRS 458.490 to improve racial equity; and
κ2025 Statutes of Nevada, Page 1302 (CHAPTER 217, AB 19)κ
(5) Reporting by state and local agencies to the public concerning the funding of programs to address substance misuse and substance use disorders.
2. On or before [January 31] August 1 of each year, the Working Group shall:
(a) Compile a report which includes, without limitation, recommendations for the establishment, maintenance, expansion or improvement of programs to address substance misuse and substance use disorders based on the evaluations conducted pursuant to subsection 1; and
(b) Submit the report to the Governor, the Attorney General, any other entities deemed appropriate by the Attorney General and the Director of the Legislative Counsel Bureau for transmittal to:
(1) During an even-numbered year, the Joint Interim Standing Committee on Health and Human Services, the Joint Interim Standing Committee on the Judiciary and the Interim Finance Committee; or
(2) During an odd-numbered year, the next regular session of the Legislature.
3. As used in this section:
(a) Practitioner has the meaning ascribed to it in NRS 639.0125.
(b) Special populations includes, without limitation:
(1) Veterans, elderly persons and youth;
(2) Persons who are incarcerated, persons who have committed nonviolent crimes primarily driven by a substance use disorder and other persons involved in the criminal justice or juvenile justice systems;
(3) Pregnant women and the parents of dependent children;
(4) Lesbian, gay, bisexual, transgender and questioning persons;
(5) Intravenous drug users;
(6) Children who are involved with the child welfare system; and
(7) Other populations disproportionately impacted by substance use disorders.
(c) Substance use disorder prevention coalition means a coalition of persons and entities who possess knowledge and experience related to the prevention of substance misuse and substance use disorders in a region of this State.
Sec. 2. As soon as practicable after October 1, 2025, the Attorney General shall appoint to the Statewide Substance Use Response Working Group:
1. The members described in subparagraphs (13) and (14) of paragraph (h) of subsection 2 of NRS 458.460, as amended by section 1 of this act, to initial terms that expire on January 1, 2027; and
2. The members described in subparagraphs (15) and (16) of paragraph (h) of subsection 2 of NRS 458.460, as amended by section 1 of this act, to initial terms that expire on January 1, 2028.
Sec. 3. 1. This section and sections 1 and 2 of this act become effective on October 1, 2025.
2. Section 1.5 of this act becomes effective on July 1, 2026.
________
κ2025 Statutes of Nevada, Page 1303κ
Assembly Bill No. 29Committee on Natural Resources
CHAPTER 218
[Approved: June 3, 2025]
AN ACT relating to motor vehicle fuel; establishing certain requirements for the display and labeling of pumps and dispensers for motor vehicle fuel at a motor vehicle fuel dispensing site; requiring certain types of motor vehicle fuel to be identified and labeled in a certain manner; revising requirements relating to the advertisement of prices of motor vehicle fuel; revising certain requirements relating to the letters, words, figures and numerals used on an advertising medium for motor vehicle fuel; repealing requirements for certain letters and numerals used on advertising mediums; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth certain requirements for the advertisement of motor vehicle fuel and petroleum products. (NRS 590.160-590.330) Section 2 of this bill requires the owner or operator of a motor vehicle fuel dispensing site to ensure that each pump or dispenser displays or is labeled with certain information. Section 2 also requires the owner or operator to post a sign or label containing certain information at a motor vehicle fuel dispensing site that is unattended.
Section 3 of this bill requires, with certain exceptions, an advertising medium, pump or dispenser for ethanol flex fuel, biodiesel or a biodiesel blend to: (1) identify the fuels in a certain manner; and (2) be labeled with the automotive fuel rating in accordance with the requirements of federal law. Section 3 also authorizes the State Board of Agriculture to adopt regulations to establish alternative identifications for ethanol flex fuel, biodiesel or a biodiesel blend to be used on an advertising medium, pump or dispenser.
Section 4 of this bill applies the definitions in existing law governing motor vehicle fuel to the provisions of sections 2 and 3.
Existing law requires advertising mediums for motor vehicle fuel to display the actual price per unit of measure of motor vehicle fuel, including taxes, together with the brand name and the individual grade or grades of the motor vehicle fuel being advertised. (NRS 590.170) Section 5 of this bill requires an advertising medium that advertises motor vehicle fuel prices using gallons to display the same total price per gallon on the advertising medium and the pump or dispenser. Section 5 requires that, if the price of the fuel: (1) increases from the advertised price, the price on the advertising medium must be changed before or at the same time the price is changed on the pump or dispenser; and (2) decreases from the advertised price, the price on the pump or dispenser must be changed before or at the same time the price is changed on the advertising medium.
Section 5 also requires any roadside sign that advertises or displays the price of motor vehicle fuel but is not connected to a pump or dispenser for motor vehicle fuel to state certain information relating to the price and unit of measure of the fuel.
Existing law authorizes the advertisement of the price of diesel fuel excluding state tax if the sign contains certain wording in a size not less than 4 inches in height. (NRS 590.170) Section 5 instead requires that the wording be not less than one-third of the height of the numerals used to indicate the price of the diesel fuel.
κ2025 Statutes of Nevada, Page 1304 (CHAPTER 218, AB 29)κ
Existing law requires that all letters, words, figures or numerals used on an advertising medium to indicate the price of motor vehicle fuel be uniform in size, at least 6 inches in height and the height must not be more than twice the width. (NRS 590.180, 590.200) Section 6 of this bill removes a reference to this requirement, but does not eliminate the requirement. Section 7 of this bill clarifies that if a fraction is used on a price sign to indicate the price of motor vehicle fuel, the combined height of the numerator and denominator must be of the same height and design as the other numerals indicating price.
Existing law requires that if the price of a brand name or grade of motor vehicle fuel is advertised by means of a price sign and is sold at different prices, the sign or signs advertising the prices must include notice of the conditions under which the brand name or grade is sold. (NRS 590.230) Section 8 of this bill requires that if a brand or grade of motor vehicle fuel is sold at different prices based on whether a customer meets a condition, the price must be available to all customers who meet the condition. Section 8 also provides that if a sign or signs advertise different prices based on: (1) whether the fuel is purchased with cash or credit, the sign or signs must state both the cash and credit price or the highest of either the cash or credit price; (2) whether the grade of fuel is alcohol-free, the sign or signs may state the lowest of the two prices; and (3) a customer loyalty program or similar program, the sign or signs must state both the highest price that may be charged if a customer does not qualify and the discounted price or may state only the highest price.
Existing law requires that all letters, words, figures or numerals used on an advertising medium be plainly visible and of such colors or tints to contrast with the remaining parts of the advertising medium. (NRS 590.260) Section 9 of this bill additionally requires that the letters, words, figures or numerals appearing on an electronic sign meet such requirements and be clearly visible during the day and at night.
Section 10 of this bill reorganizes requirements that certain words, letters, figures or numerals on an advertising medium be of like color or tint.
Sections 11 and 12 of this bill make the civil and criminal penalties of the existing law governing the advertisement of motor vehicle fuel and petroleum products apply to a person who violates the provisions of sections 2 and 3.
Section 13 of this bill repeals an exemption for the numeral 1 and the letter l from certain advertising requirements for motor vehicle fuel and petroleum products.
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 590 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The owner or operator of a motor vehicle fuel dispensing site shall ensure that each pump or dispenser at a motor vehicle fuel dispensing site is labeled in accordance with the requirements of this section.
2. Each pump or dispenser at a motor vehicle fuel dispensing site must:
(a) Display the price, grade and octane rating, if applicable, of each motor vehicle fuel available at the pump or dispenser;
(b) Include a label that complies with the applicable requirements of 16 C.F.R. Part 306 for each motor vehicle fuel available at the pump or dispenser;
(c) If a reduced price is available for a motor vehicle fuel, including, without limitation, a difference in price based on the method of payment or a discount conditioned upon the sale of another product or service, display a sign or label explaining the conditions of the reduced price;
κ2025 Statutes of Nevada, Page 1305 (CHAPTER 218, AB 29)κ
a discount conditioned upon the sale of another product or service, display a sign or label explaining the conditions of the reduced price;
(d) If the pump or dispenser is capable of dispensing and computing the price of motor vehicle fuel at more than one price, display the highest price of each grade of motor vehicle fuel available at the pump or dispenser before a customer takes any deliberate action that results in a reduced price being shown; and
(e) If the pump or dispenser dispenses gasoline:
(1) With an ethanol content that is:
(I) Less than or equal to 10 percent by volume, include a label with the statement May contain up to 10% ethanol, which must be printed in block letters that are not less than one-fourth of an inch in height on a background that contrasts with the color of the letters; or
(II) More than 10 percent by volume but not more than 15 percent by volume, include a label that complies with the requirements of 40 C.F.R. § 1090.1510.
(2) Containing an oxygenate other than ethanol, include a label that:
(I) Indicates the type and maximum percent by volume of oxygenate contained in the gasoline; and
(II) Includes a statement in substantially the following form: May contain up to (number)% (type of oxygenate).
3. If a pump or dispenser at a motor vehicle fuel dispensing site is unattended, the owner or operator shall post for public viewing at the site a sign or label that in a clear and conspicuous manner lists the name, address and telephone number of the owner or operator.
4. If a motor vehicle fuel dispensing site has a separate pump or dispenser for credit and cash transactions, each pump or dispenser must clearly indicate which form of payment is required to use the pump or dispenser.
5. If a pump or dispenser at a motor vehicle fuel dispensing site may be used for both credit and cash transactions, each pump or dispenser must:
(a) Be labeled to indicate whether debit transactions are treated as a credit or cash transaction. Such a label may include, without limitation, cash/debit, debit=cash, credit/debit or debit=credit.
(b) If the pump or dispenser is capable of computing:
(1) Only one price, display the highest unit price and per unit discount rate.
(2) Both a credit and cash price, display the credit surcharge rate or the cash discount rate.
6. Any label or information that is required by this section to be displayed on a pump or dispenser must be:
(a) Posted on the top half of the front panel of each pump or dispenser; and
(b) Clean, legible and visible to the public at all times.
Sec. 3. 1. Except as otherwise provided in subsections 2 and 4, any advertising medium, pump or dispenser that advertises or dispenses ethanol flex fuel, biodiesel or a biodiesel blend must identify on the advertising medium, pump or dispenser, as applicable:
κ2025 Statutes of Nevada, Page 1306 (CHAPTER 218, AB 29)κ
(a) Ethanol flex fuel as Ethanol Flex Fuel or EXX Flex Fuel.
(b) Biodiesel as Biodiesel with the designation B100 or B99.
(c) A biodiesel blend as Biodiesel Blend.
2. The State Board of Agriculture may adopt regulations to establish alternative identifications for ethanol flex fuel, biodiesel or a biodiesel blend to be used on an advertising medium, pump or dispenser. Such identifications may be used in lieu of the identifications set forth in subsection 1.
3. Each pump or dispenser for ethanol flex fuel, biodiesel or a biodiesel blend must post the automotive fuel rating of the ethanol flex fuel, biodiesel or biodiesel blend in accordance with the requirements of 16 C.F.R. Part 306.
4. The provisions of this section do not apply to a biodiesel blend that contains less than or equal to 5 percent by volume of biodiesel that is sold or offered for sale as diesel fuel.
Sec. 4. NRS 590.020 is hereby amended to read as follows:
590.020 As used in NRS 590.010 to 590.330, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires:
1. Additives means a substance to be added to a motor vehicle fuel, petroleum heating product, motor oil or lubricating oil to impart or improve desirable properties or to suppress undesirable properties.
2. Advertising medium means any sign, printed or written matter, or device for oral or visual communication.
3. Alternative fuel includes, without limitation:
(a) Any M-85 or M-100 fuel methanol that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070;
(b) Any E-85 or E-100 fuel ethanol that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070;
(c) Liquefied petroleum gas;
(d) Natural gas;
(e) Any hydrogen that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070;
(f) Electricity;
(g) Any biodiesel fuel that contains:
(1) Diesel that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070; and
(2) At least 5 percent by volume biodiesel fuel blend stock for distillate fuels;
(h) Any blend of ethanol and diesel fuel:
(1) That contains:
(I) Any amount of diesel fuel that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070; and
(II) At least 5 percent by volume ethanol; and
(2) That may contain a proprietary additive; and
(i) Any renewable diesel fuel that:
(1) Contains at least 20 percent by volume renewable diesel blend stock for distillate fuels; and
(2) If a part of a blend stock, contains diesel that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070.
κ2025 Statutes of Nevada, Page 1307 (CHAPTER 218, AB 29)κ
Κ The term does not include a fuel that is required for use in this State pursuant to a state implementation plan adopted by this State pursuant to 42 U.S.C. § 7410.
4. Brand name means a name or logo that is used to identify a business or company.
5. Diesel exhaust fluid means an aqueous urea solution that:
(a) Contains, by mass, 32.5 percent technically pure urea and 67.5 percent pure water;
(b) Is used in selective catalytic reduction to lower oxides of nitrogen concentration in the exhaust emissions of diesel engines; and
(c) Meets the standards set forth in the latest version of ISO 22241, Diesel engines —NOx reduction agent AUS 32 of the International Organization for Standardization.
6. Grade means:
(a) Regular, midgrade, plus, super, premium or words of similar meaning when describing a grade designation for gasoline.
(b) Diesel or words of similar meaning, including, without limitation, any specific type of diesel, when describing a grade designation for diesel motor fuel.
(c) M-85, M-100, E-85, E-100 or words of similar meaning when describing a grade designation for alternative fuel.
(d) Propane, liquefied petroleum gas, compressed natural gas, liquefied natural gas or words of similar meaning when describing pressurized gases.
7. Motor vehicle fuel means a petroleum product or alternative fuel used for internal combustion engines in motor vehicles. The term does not include motor vehicle fuel additives.
8. Performance rating means the system adopted by the American Petroleum Institute for the classification of uses for which an oil is designed.
9. Petroleum heating product means a petroleum product that is used for heating purposes. The term does not include petroleum heating product additives.
10. Petroleum products means gasoline, diesel fuel, burner fuel kerosene, lubricating oil, motor oil or any product represented as motor oil or lubricating oil. The term does not include liquefied petroleum gas, natural gas or motor oil additives.
11. Pure water means water that is:
(a) Very low in inorganic, organic or colloidal contaminants; and
(b) Produced by a process such as:
(1) Single distillation;
(2) Deionization;
(3) Ultra-filtration; or
(4) Reverse osmosis.
12. Recycled oil means a petroleum product which is prepared from used motor oil or used lubricating oil. The term includes rerefined oil.
13. Rerefined oil means used oil which is refined after its previous use to remove from the oil any contaminants acquired during the previous use.
14. Technically pure urea means urea that is:
(a) An industrially produced grade of urea with traces of biuret, ammonia and water only;
κ2025 Statutes of Nevada, Page 1308 (CHAPTER 218, AB 29)κ
(b) Free of aldehydes or other substances, including, without limitation, anticaking agents; and
(c) Free of contaminants, including, without limitation, sulphur and its compounds, chloride and nitrate.
15. Used oil means any oil which has been refined from crude or synthetic oil and, as a result of use, has become unsuitable for its original purpose because of a loss of its original properties or the presence of impurities, but which may be suitable for another use or economically recycled.
16. Viscosity grade classification means the measure of an oils resistance to flow at a given temperature according to the grade classification system of the Society of Automotive Engineers or other grade classification.
Sec. 5. NRS 590.170 is hereby amended to read as follows:
590.170 1. Except as otherwise provided in this section, a person shall not keep, maintain or display in this State any advertising medium which indicates, shows or advertises the price of motor vehicle fuel sold, offered for sale or advertised for sale from the premises, unless the [actual] total price per unit of measure of motor vehicle fuel, including taxes, is also shown on the advertising medium, together with the brand name and the individual grade or grades of the motor vehicle fuel being advertised. If motor vehicle fuel prices are advertised in units of measure [other] :
(a) Of the gallon, the same total price per gallon displayed on the advertising medium must also be displayed on the face of the pump or dispenser; or
(b) Other than the gallon, the [actual] total price per unit of measure along with the equivalent price per gallon and the word designating the unit of measure must be displayed on the face of the pump or dispenser.
2. The price of diesel fuel may be advertised excluding state tax, but only by a sign which clearly and conspicuously contains the wording With Permit, With State Permit or words of similar meaning in letters of uniform size not less than [4 inches in] one-third the height [.] of the numerals used to indicate the price of the diesel fuel. Diesel fuel dispensers displaying unit price without state tax must be labeled in letters not less than 1 inch in height with the words Permit Price, With State Permit or words of similar meaning.
3. If the price of motor vehicle fuel indicated, shown or advertised on an advertising medium:
(a) Increases, the price must be changed on the advertising medium before or at the same time that the price is changed on the face of the pump or dispenser; or
(b) Decreases, the price must be changed on the pump or dispenser before or at the same time that the price is changed on the advertising medium.
4. Any roadside sign, including, without limitation, a sign on a pole, monument, canopy, A-frame sign or sign on a similar structure that indicates, shows or advertises prices for motor vehicle fuel and is not connected to a pump or dispenser for motor vehicle fuel must state:
(a) The total price per unit of measure of motor vehicle fuel for self-service and the total price for full-service, if such prices are different;
(b) The unit of measure of the price if such unit of measure is not per gallon, in accordance with the requirements of subsection 2;
κ2025 Statutes of Nevada, Page 1309 (CHAPTER 218, AB 29)κ
(c) The fractions of a cent, if the price is not charged at whole cent; and
(d) A decimal point in the displayed price when a dollar sign is included in the displayed price.
5. Except as otherwise provided in subsection 2, retail devices displaying the unit price to compute or record deliveries must not be considered an advertising medium.
Sec. 6. NRS 590.180 is hereby amended to read as follows:
590.180 [1.] No person offering for sale or selling any motor vehicle fuel in the State of Nevada may post or display a sign or statement or other advertising medium reading, in substance, save a designated amount, or a designated amount per unit of measure, such as save 5 cents or save 5 cents per gallon, or using the expression off a designated amount, such as 5 cents off or 5 cents less, or discount of a given amount, such as 5-cent discount, or otherwise using the words save, off, discount, wholesale, below, or any of them, or a word or words of similar meaning or other phraseology indicating a reduced price, unless there is posted and displayed in letters of equal size and as part of the same sign, statement or other advertising medium the total price, including all taxes, at which motor vehicle fuel is being sold or offered for sale, designating the price for each brand name or grade of motor vehicle fuel being sold or offered for sale.
[2. The size of the letters, words, figures or numerals used to indicate the total price per unit of measure, including all taxes, must be of a size as provided under the provisions of NRS 590.200.]
Sec. 7. NRS 590.220 is hereby amended to read as follows:
590.220 All letters, words, figures or numerals used on the advertising medium referred to in NRS 590.160 to 590.330, inclusive, and sections 2 and 3 of this act to indicate [prices] the total price per unit of measure, including taxes, of motor vehicle fuel sold or advertised for sale must be uniform in size and must be at least 6 inches in height, and the height must not be more than twice the width. If a fraction [displaying a numerator and a denominator] is used [in lieu of a full-size numeral] on a price sign, the [fraction] combined height of the numerator and denominator must be of the same height and design as the other numerals indicating price. Numerators without denominators must not be used for fractions. [The advertising medium must indicate the price of the fuel per gallon.]
Sec. 8. NRS 590.230 is hereby amended to read as follows:
590.230 1. The advertising medium referred to in NRS 590.160 to 590.330, inclusive, and sections 2 and 3 of this act must not contain any other advertising matter except words of description of the product sold or offered for sale, and method of sale, such as self-serve, full serve or words of similar meaning. If words of description or method of sale of the product offered or advertised by any such sign are used, the letters, figures or numerals which form any words must not be larger than the words, marks, letters, figures or numerals used in forming or designating the price per unit of measure.
2. If the price of a brand name or grade of motor vehicle fuel is advertised by means of a price sign and is sold at different prices [from the dispensing devices on the premises,] based on whether a customer meets a condition, the sign or signs advertising the price must include notice of the conditions under which the brand name or grade is sold [.] and the price must be available to all customers who meet the condition. If [the] :
κ2025 Statutes of Nevada, Page 1310 (CHAPTER 218, AB 29)κ
(a) The same grade of motor vehicle fuel is sold at different prices based on whether credit or cash is used as the method of payment, the sign or signs must state:
(1) Both the credit and cash price, which must be uniform in size; or
(2) The highest of either the credit or cash price.
(b) The sign or signs advertises only the cash price [,] as the highest price in accordance with paragraph (a) as a condition of sale for the motor vehicle fuel offered for sale on the premises, the sign must clearly state cash in letters a minimum of 6 inches in height or one-third the size of the numerals in announcing the price, whichever is larger. [If]
(c) The terms stating the condition of sale, including self-serve, full serve, or words of similar meaning, appear on a price sign, there must be signs designating self-serve and full serve islands, pumps or dispensing devices in letters of 4 inches in height or more, conspicuously posted, showing the pumps or dispensing devices where the product is sold at each price.
(d) A grade of an alcohol-free product is offered at a price higher than a blend of the same grade containing alcohol, the sign or signs may state the lowest price of the two products.
(e) A discount is offered to a customer through a customer loyalty program or similar program, the sign or signs must state:
(1) Both the highest price that may be charged to a customer who does not qualify for the discount and the discounted price, which must be uniform in size; or
(2) The highest price that may be charged to a customer who does not qualify for the discount.
Sec. 9. NRS 590.260 is hereby amended to read as follows:
590.260 1. All letters, words, figures or numerals appearing on any advertising medium referred to in NRS 590.160 to 590.330, inclusive, and sections 2 and 3 of this act shall be plainly visible and of such colors or tints as will contrast such letters, words, figures or numerals with the remaining parts of the advertising medium.
2. All letters, words, figures or numerals appearing on any electronic sign must comply with the requirements of subsection 1 and be clearly visible during the day and at night.
Sec. 10. NRS 590.270 is hereby amended to read as follows:
590.270 All words, letters, figures or numerals on the advertising medium referred to in NRS 590.160 to 590.330, inclusive, [which form or] and sections 2 and 3 of this act must be:
1. For words and letters used to designate the brand name or the words no [brand must be] brand, of like color or tint [, and all words, letters,] ;
2. For figures or numerals designating or indicating the price of motor vehicle fuel so offered for sale , [must be] of like color or tint ; [,] and [all]
3. For all words, letters, figures or numerals used in designating the grades and conditions of sale of motor vehicle fuel being advertised , [must be] of like color or tint.
Sec. 11. NRS 590.322 is hereby amended to read as follows:
590.322 1. The State Sealer of Measurement Standards shall adopt regulations establishing a schedule of civil penalties for any violation of NRS 590.160 to 590.330, inclusive [.] , and sections 2 and 3 of this act.
κ2025 Statutes of Nevada, Page 1311 (CHAPTER 218, AB 29)κ
2. In addition to any criminal penalty that may be imposed, a person who violates any provision of NRS 590.160 to 590.330, inclusive, and sections 2 and 3 of this act is subject to a civil penalty in accordance with the schedule of civil penalties established by the State Sealer of Measurement Standards pursuant to subsection 1.
Sec. 12. NRS 590.330 is hereby amended to read as follows:
590.330 1. Except as otherwise provided in subsection 2, a person, or any officer, agent or employee thereof, who willfully violates the provisions of NRS 590.160 to 590.330, inclusive, and sections 2 and 3 of this act, or any regulation adopted pursuant thereto:
(a) For the first offense, shall be given a warning.
(b) For the second offense, is guilty of a misdemeanor and shall be punished by a fine of not less than $1,000 or more than $5,000.
(c) For the third or subsequent offense, is guilty of a gross misdemeanor.
2. A person, or any officer, agent or employee thereof, who is convicted pursuant to subsection 1 more than three times in a 2-year period is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 13. NRS 590.250 is hereby repealed.
________
Assembly Bill No. 39Committee on Education
CHAPTER 219
[Approved: June 3, 2025]
AN ACT relating to charter schools; revising provisions governing the membership of the State Public Charter School Authority; revising provisions establishing the local educational agency that is responsible for performing certain functions with respect to charter schools; clarifying requirements for certain information to be included in an application to renew the charter contract of a charter school; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the State Public Charter School Authority for the purpose of, among other duties: (1) sponsoring charter schools; and (2) providing oversight to the charter schools it sponsors. (NRS 388A.150) Existing law further establishes that the Authority consists of nine members, the manner of appointing those members and the qualifications of those members. (NRS 388A.153) Section 1 of this bill provides that the nine members appointed under existing law are the voting members of the Authority and that the voting members must be at least 21 years of age. Section 1 also establishes the requirements governing the members of the Authority that apply to all members, including voting and nonvoting members, and the requirements that apply only to voting members. Section 2 of this bill makes a conforming change to clarify that only voting members of the Authority are required to complete certain training required by existing law. (NRS 388A.155) Section 3 of this bill makes a conforming change to clarify that a majority of the voting members, rather than all members: (1) is authorized to call a meeting of the Authority; and (2) constitutes a quorum to enable the Authority to exercise its power and authority. (NRS 388A.156)
κ2025 Statutes of Nevada, Page 1312 (CHAPTER 219, AB 39)κ
Under existing law, the number of members of the Authority who may be teachers or administrators employed by a charter school or charter management organization in this State is limited to two members. (NRS 388A.153) Section 1 revises the qualifications for a teacher or administrator employed by a charter school or charter management organization to be eligible to serve as a member of the Authority by: (1) removing the requirement that the charter school or charter management organization employing the teacher or administrator must not have ever received an annual rating established as one of the three lowest ratings of performance pursuant to the statewide system of accountability for public schools; and (2) instead, requiring that the charter school at which the teacher or administrator is employed must be in good standing according to the performance framework set forth in its charter contract.
Existing law prohibits a member of the Authority, other than a member who is a teacher or administrator employed by a charter school or charter management organization, from being actively engaged in business with or holding certain interests relating to charter schools. (NRS 388A.153) Under existing law, a charter school is defined as a charter school organized under the laws of this State. (NRS 385.007) Section 1 provides that the prohibition against a member of the Authority being actively engaged in business with or holding certain interests relating to charter schools includes, without limitation, such an engagement in business or interest in: (1) an educational management organization providing support or operations to a charter school; or (2) a charter management organization operating a charter school.
Existing law deems the Authority to be a local educational agency that is responsible under state and federal law for: (1) providing a free and appropriate public education to each pupil enrolled in a charter school sponsored by the Authority; (2) the provision of special education and related services by a charter school; and (3) directing money available from certain federal and state grant programs to charter schools sponsored by the Authority, a college or university within the Nevada System of Higher Education or a city or county. (NRS 388A.159) Section 4 of this bill removes the requirement for a college or university within the System, or a city or county, that sponsors a charter school to enter into an agreement with the Authority for the provision of any necessary functions of a local educational agency. Instead, section 4 deems a college or university within the System, or a city or county, to be a local educational agency, thereby making the college or university, or city or county, responsible for performing the functions of a local educational agency under state and federal law for the charter schools it sponsors.
Under existing law, the governing body of a charter school seeking to renew its charter contract is required to submit an application for renewal to the sponsor of the charter school on or before October 15 of the final school year in which the charter school is authorized to operate. Existing law requires the application for renewal to include, without limitation, any information or data that: (1) the governing body of the charter school determines supports the renewal of the charter contract; and (2) is in addition to the information contained in the required performance report previously submitted to the governing body by the sponsor and any written response to that report. (NRS 388A.285) Section 5 of this bill clarifies that any information or data to support the renewal of the charter contract is information or data other than the previously submitted performance report and any written response to that report.
κ2025 Statutes of Nevada, Page 1313 (CHAPTER 219, AB 39)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 388A.153 is hereby amended to read as follows:
388A.153 1. The State Public Charter School Authority consists of nine voting members. The voting membership of the State Public Charter School Authority consists of:
(a) Two members appointed by the Governor in accordance with subsection 2;
(b) Two members, who must not be Legislators, appointed by the Majority Leader of the Senate in accordance with subsection 2;
(c) Two members, who must not be Legislators, appointed by the Speaker of the Assembly in accordance with subsection 2;
(d) Two members appointed by the State Board of Education; and
(e) One member appointed by the Charter School Association of Nevada or its successor organization.
2. The Governor, the Majority Leader of the Senate, the Speaker of the Assembly and the State Board of Education shall ensure that the voting membership of the State Public Charter School Authority:
(a) Includes persons with a demonstrated understanding of charter schools and a commitment to using charter schools as a way to strengthen public education in this State;
(b) Includes a parent or legal guardian of a pupil enrolled in a charter school in this State;
(c) Includes persons with specific knowledge of:
(1) Issues relating to elementary and secondary education;
(2) School finance or accounting, or both;
(3) Management practices;
(4) Assessments required in elementary and secondary education;
(5) Educational technology; and
(6) The laws and regulations applicable to charter schools;
(d) Insofar as practicable, reflects the ethnic and geographical diversity of this State; and
(e) Insofar as practicable, consists of persons who are experts on best practices for authorizing charter schools and developing and operating high-quality charter schools and charter management organizations.
3. Each member of the State Public Charter School Authority must be a resident of this State. Each voting member of the State Public Charter School Authority must be at least 21 years of age.
4. Except as otherwise provided in subsection 5, a member of the State Public Charter School Authority must not be actively engaged in business with or hold a direct pecuniary interest relating to charter schools, including, without limitation, serving as a vendor, contractor, employee, officer, director or member of the governing body of a charter school, an educational management organization providing support or operations to a charter school or a charter management organization [.] operating a charter school.
5. Not more than two members of the State Public Charter School Authority may be teachers or administrators who are employed by a charter school or charter management organization in this State. For a teacher or administrator employed by a charter school or charter management organization to be eligible to serve as a member of the State Public Charter School Authority [, the] :
κ2025 Statutes of Nevada, Page 1314 (CHAPTER 219, AB 39)κ
administrator employed by a charter school or charter management organization to be eligible to serve as a member of the State Public Charter School Authority [, the] :
(a) The charter school [or charter management organization] which employs the teacher or administrator must [not have ever received an annual rating established as one of the three lowest ratings of performance pursuant to the statewide system of accountability for public schools.] be in good standing according to the performance framework set forth in its charter contract pursuant to NRS 388A.270; or
(b) If the teacher or administrator is employed by a charter management organization, the charter school at which the teacher or administrator is employed must be in good standing according to the performance framework set forth in its charter contract pursuant to NRS 388A.270.
6. After the initial terms, the term of each member of the State Public Charter School Authority is 3 years, commencing on July 1 of the year in which he or she is appointed. A vacancy in the membership of the State Public Charter School Authority must be filled for the remainder of the unexpired term in the same manner as the original appointment. A member shall continue to serve on the State Public Charter School Authority until his or her successor is appointed.
7. The voting members of the State Public Charter School Authority shall select a Chair and Vice Chair from among [its] the voting members. After the initial selection of those officers, each of those officers holds the position for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the Chair or Vice Chair, the vacancy must be filled in the same manner as the original selection for the remainder of the unexpired term.
8. Each voting member of the State Public Charter School Authority is entitled to receive:
(a) For each day or portion of a day during which he or she attends a meeting of the State Public Charter School Authority a salary of not more than $80, as fixed by the State Public Charter School Authority; and
(b) For each day or portion of a day during which he or she attends a meeting of the State Public Charter School Authority or is otherwise engaged in the business of the State Public Charter School Authority the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 2. NRS 388A.155 is hereby amended to read as follows:
388A.155 Each voting member of the State Public Charter School Authority must complete training:
1. At the time the voting member is appointed to the State Public Charter School Authority, on the responsibilities of the voting member and any framework used by the State Public Charter School Authority in performing its duties; and
2. Each year, on the evaluation of applications to form charter schools and the governance of charter schools.
Sec. 3. NRS 388A.156 is hereby amended to read as follows:
388A.156 1. The members of the State Public Charter School Authority shall meet throughout the year at the times and places specified by a call of the Chair or a majority of the voting members.
κ2025 Statutes of Nevada, Page 1315 (CHAPTER 219, AB 39)κ
2. Five voting members of the State Public Charter School Authority constitute a quorum, and a quorum may exercise all the power and authority conferred on the State Public Charter School Authority.
Sec. 4. NRS 388A.159 is hereby amended to read as follows:
388A.159 1. The State Public Charter School Authority , a college or university within the Nevada System of Higher Education that sponsors a charter school or a city or county that sponsors a charter school is hereby deemed a local educational agency for all purposes [,] for any charter school that it sponsors, including, without limitation:
(a) The provision of a free and appropriate public education to each pupil enrolled in a charter school ; [sponsored by the State Public Charter School Authority;]
(b) The provision of special education and related services provided by a charter school ; [sponsored by the State Public Charter School Authority;] and
(c) Directing the proportionate share of any money available from federal and state categorical grant programs to charter schools [which are sponsored by the State Public Charter School Authority, a college or university within the Nevada System of Higher Education or a city or county] that are eligible to receive such money.
2. [A college or university within the Nevada System of Higher Education or a city or county that sponsors a charter school shall enter into an agreement with the State Public Charter School Authority for the provision of any necessary functions of a local educational agency.] A charter school that receives money pursuant to such a grant program shall comply with any applicable reporting requirements to receive the grant.
3. As used in this section, local educational agency has the meaning ascribed to it in 20 U.S.C. § 7801(30)(A).
Sec. 5. NRS 388A.285 is hereby amended to read as follows:
388A.285 1. On or before June 30 immediately preceding the final school year in which a charter school is authorized to operate pursuant to its charter contract, the sponsor of the charter school shall submit to the governing body of the charter school a written report summarizing the performance of the charter school and each facility that constitutes the charter school during the term of the charter contract, including, without limitation:
(a) A summary of the performance of the charter school based upon the terms of the charter contract and the requirements of this chapter;
(b) An identification of any deficiencies relating to the performance of the charter school which the sponsor has determined may result in nonrenewal of the charter contract if the deficiencies remain uncorrected;
(c) Requirements for the application for renewal of the charter contract submitted to the sponsor pursuant to subsection 3; and
(d) The criteria that the sponsor will apply in making a determination on the application for renewal based upon the performance framework for the charter school and the requirements of this chapter. Such criteria must include, without limitation, the performance indicators, measures and metrics included in the performance framework.
2. The governing body of a charter school may submit a written response to the sponsor of the charter school concerning the performance report prepared by the sponsor pursuant to subsection 1, which may include any revisions or clarifications that the governing body seeks to make to the report.
κ2025 Statutes of Nevada, Page 1316 (CHAPTER 219, AB 39)κ
report prepared by the sponsor pursuant to subsection 1, which may include any revisions or clarifications that the governing body seeks to make to the report.
3. If a charter school seeks to renew its charter contract, the governing body of the charter school shall submit an application for renewal to the sponsor of the charter school on or before October 15 of the final school year in which the charter school is authorized to operate pursuant to its charter contract. The application for renewal must include, without limitation:
(a) The requirements for the application identified by the sponsor in the performance report prepared by the sponsor pursuant to subsection 1;
(b) A description of the academic, financial and organizational vision and plans for the charter school for the next charter term;
(c) Any information or data that the governing body of the charter school determines supports the renewal of the charter contract [in addition to] other than the information contained in the performance report prepared by the sponsor pursuant to subsection 1 and any response submitted by the governing body pursuant to subsection 2; and
(d) A description of any improvements to the charter school already undertaken or planned.
4. The sponsor of a charter school shall consider the application for renewal of the charter contract at a meeting held in accordance with chapter 241 of NRS. The sponsor shall provide written notice to the governing body of the charter school concerning its determination on the application for renewal of the charter contract not more than 60 days after receipt of the application for renewal from the governing body. The determination of the sponsor must be based upon:
(a) The criteria of the sponsor for the renewal of charter contracts; and
(b) Evidence of the performance of the charter school during the term of the charter contract in accordance with the performance framework for the charter school.
5. The sponsor of the charter school shall:
(a) Make available to the governing body of the charter school the data used in making the renewal decision; and
(b) Post a report on the Internet website of the sponsor summarizing the decision of the sponsor on the application for renewal and the basis for its decision.
6. A charter contract may be renewed for a term of not less than 3 years or more than 10 years.
Sec. 6. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 7. This act becomes effective upon passage and approval.
________
κ2025 Statutes of Nevada, Page 1317κ
Assembly Bill No. 40Committee on Natural Resources
CHAPTER 220
[Approved: June 3, 2025]
AN ACT relating to environmental hazards; authorizing the Division of Environmental Protection of the State Department of Conservation and Natural Resources to issue an order for certain violations relating to mining reclamation; providing the Division, solid waste management authority and Department with a lien on certain property under certain circumstances; revising provisions governing mining reclamation to include the stabilization of process fluids; revising certain requirements for a permit to engage in a mining operation or exploration project; authorizing the State Environmental Commission to adopt regulations relating to solid waste management facilities; requiring the Commission to adopt regulations relating to the requirements for the owner or operator of a municipal solid waste landfill or solid waste management facility to provide certain evidence of financial responsibility; requiring a permit to construct or operate a solid waste management facility; making requirements for disposal sites applicable to solid waste management facilities; prohibiting a municipal solid waste landfill from accepting certain types of hazardous waste; revising provisions relating to the management of hazardous waste; revising requirements governing a permit to operate a facility for the management of hazardous waste; revising requirements relating to evidence of financial responsibility provided by an owner or operator of certain facilities for the management of hazardous waste; revising certain prohibitions relating to hazardous waste; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes provisions governing the reclamation of land subject to mining operations or exploration projects. (Chapter 519A of NRS) Section 13 of this bill revises the definition of the term reclamation to include actions performed during or after an exploration project or mining operation to stabilize process fluids. Sections 2-9 of this bill define certain terms relating to reclamation. Section 14 of this bill revises the definition of the term surety to include an account held by or for the benefit of the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
Section 10 of this bill authorizes the Division to issue an order if the Division has reasonable cause to believe that a holder of a permit is violating or is about to violate certain provisions of existing law relating to the reclamation of land.
Section 11 of this bill provides that the Division may lien all real and personal property associated with a facility of a holder of a permit for an exploration project or mining operation.
Section 12 of this bill applies the definitions in existing law and sections 2-9 governing reclamation to the provisions of sections 10 and 11.
Section 15 of this bill authorizes certain fees collected by the Division that are used to administer the provisions of existing law relating to reclamation to also be used to administer the provisions of sections 2-11.
κ2025 Statutes of Nevada, Page 1318 (CHAPTER 220, AB 40)κ
Existing law requires an applicant for a permit to engage in a mining operation to, amongst other requirements, complete a checklist developed by the Division and file a plan for reclamation with the application. (NRS 519A.210, 519A.220) Section 16 of this bill requires that the information requested by the checklist include a manual for the operation and maintenance of the fluid management system for the mining operation. Section 17 of this bill requires a plan for reclamation to provide for the stabilization of process fluids.
Existing law provides that if an exploration project or a mining operation is conducted on: (1) land administered by a federal agency, an approved federal plan of operations and surety that are consistent with certain requirements supersede certain requirements for a permit and bond or other surety; or (2) both public land and privately owned land, compliance with the approved federal plan of operations is sufficient if that plan substantially provides for the reclamation and bond or other surety required by existing law. (NRS 519A.240) Section 18 of this bill provides that a federal plan of operations and surety approved by a federal agency for an exploration project or a mining operation supersede, if wholly conducted on land administered by a federal agency, or substitute, if partly conducted on land administered by a federal agency, requirements in state law for a permit and bond or other surety if the applicant: (1) submits to the Division the federal plan of operations and an estimate of the costs of reclamation; and (2) remedies any inconsistencies identified by the Division between the federal plan of operations and the requirements of state law.
Sections 19 and 20 of this bill apply certain disciplinary actions and criminal penalties to the provisions of sections 2-11.
Existing law requires the governing body of every municipality or district board of health of a health district to develop a plan to provide for a solid waste management system which provides for the management and disposal of solid waste. (NRS 444.510) Existing law defines the term solid waste management system as the entire process of storage, collection, transportation, processing, recycling and disposal of solid waste. (NRS 444.500) Section 28.3 of this bill revises the definition of solid waste management system to mean the entire process of storage, collection, transportation, processing, recycling or disposal of solid waste.
Existing law requires a solid waste management authority to issue permits to operate disposal sites. (NRS 444.553) Section 28.7 of this bill requires a solid waste management authority to also issue permits to operate solid waste management facilities. Section 28.7 also authorizes a solid waste management authority to take certain actions to determine whether the owner or operator of a solid waste management facility is in compliance with certain requirements. Section 32.1 of this bill requires the State Environmental Commission to adopt regulations concerning standards for the issuance, renewal, modification, suspension, revocation and denial of, and for the imposition of terms and conditions for, a permit to construct or operate a solid waste management facility. Sections 32.1-32.4 and 32.8 of this bill make certain provisions of existing law relating to disposal sites applicable to solid waste management facilities.
Section 22 of this bill defines the term solid waste management facility to mean any place that engages in any activity related to a solid waste management system. Section 23.5 of this bill authorizes the State Environmental Commission to adopt regulations establishing activities that are related to a solid waste management system and the places which constitute a solid waste management facility based on the activities performed at the place.
Existing law requires the owner or operator of a municipal solid waste landfill to obtain a permit from a solid waste management authority before constructing or operating the municipal solid waste landfill. The permit must be conditioned upon all requirements necessary to ensure compliance with certain federal laws governing solid waste, including financial requirements for the owners and operators of municipal solid waste landfills. (NRS 444.465, 444.556) Section 30 of this bill revises certain references to the term municipal solid waste landfill. Section 32.6 of this bill revises a reference to a sanitary landfill with a reference to a municipal solid waste landfill. Section 32 of this bill prohibits a municipal solid waste landfill from accepting hazardous waste from a very small quantity generator.
κ2025 Statutes of Nevada, Page 1319 (CHAPTER 220, AB 40)κ
Section 24 of this bill requires the Commission to adopt regulations prescribing the requirements for an owner or operator of a municipal solid waste landfill or solid waste management facility engaged in certain activities to demonstrate financial responsibility.
Section 29 of this bill provides that certain requirements for a permit relating to standards of care and financial responsibility may be satisfied by a plan for reclamation under certain circumstances.
Section 25 of this bill provides that the Division or solid waste management authority may lien all real and personal property associated with a municipal solid waste landfill or solid waste management facility of an owner or operator of the municipal solid waste landfill or solid waste management facility.
Section 26 of this bill applies the definitions in existing law and section 22 governing the collection and disposal of solid waste to the provisions of sections 22-25.
Existing law establishes provisions governing the disposal of hazardous waste through the management of hazardous waste, which is defined as the systematic control of the generation, collection, storage, transportation, processing, treatment, recovery and disposal of hazardous waste. (NRS 459.400-459.600) Section 39 of this bill revises: (1) the definition of the management of hazardous waste to mean the systematic control of the generation, collection, storage, transportation, recycling, processing, treatment, recovery or disposal of hazardous waste; and as a result: (2) expands the applicability of these requirements governing hazardous waste to include recycling as a method for the disposal of hazardous waste and any systematic control of the generation, collection, storage, transportation, recycling, processing, treatment, recovery or disposal of hazardous waste.
Sections 36, 40, 44, 46-51, 52 and 53 of this bill remove references to specific activities constituting the management of hazardous waste. Sections 37.5, 38.5 and 40-41 of this bill revise certain definitions relating to the disposal of hazardous waste.
Sections 46, 53 and 54 of this bill apply certain existing criminal and civil penalties and disciplinary actions to the management of hazardous waste.
Section 34 of this bill defines the term recycling to mean the processing of hazardous waste to recover materials or produce a usable product. Section 36 establishes that an additional purpose of the provisions of existing law governing the disposal of hazardous waste includes conserving resources of material and energy through the recycling or recovery of hazardous waste.
Section 35 of this bill provides that the Department may lien all real and personal property associated with a facility for the management of hazardous waste of the owner, operator or holder of a permit of the facility.
Section 37 of this bill applies the definitions in existing law and section 34 governing the disposal of hazardous waste to the provisions of sections 34 and 35.
Existing law requires the Commission, through the Department, to develop a program to encourage the minimization of hazardous waste and the recycling or reuse of hazardous waste. (NRS 459.485) Section 43 of this bill removes the requirement that the program include the reuse of hazardous waste.
Existing law prohibits a person from constructing, substantially altering or operating a facility for the treatment, storage or disposal of hazardous waste or treating, storing or disposing of hazardous waste unless the person has first obtained a permit from the Department. (NRS 459.515) Section 46 provides that the person must only obtain a permit if the Commission has required by regulation that type of facility to obtain a permit. Section 47 requires the Commission to adopt regulations establishing the types of facilities for the management of hazardous waste which must obtain a permit.
Existing law requires the Commission to adopt regulations requiring the owner or operator of any facility for the treatment, storage or disposal of hazardous waste to show his or her financial responsibility for the undertaking. (NRS 459.525) Section 48 requires the Commission to adopt regulations establishing the types of facilities for the management of hazardous waste which must show financial responsibility.
κ2025 Statutes of Nevada, Page 1320 (CHAPTER 220, AB 40)κ
Existing law provides that certain provisions of existing law authorizing any authorized representative or employee of the Commission or Department to conduct certain inspections relating to hazardous substances and authorizing the Department to issue certain orders relating to hazardous substances do not apply in a county whose population is less than 55,000 (currently all counties except Clark County, Washoe County, Lyon County and Carson City). (NRS 459.558) Section 51.5 of this bill removes this exemption.
Existing law prohibits a person from transporting hazardous waste to a facility that has not been issued a permit to treat, store or dispose of hazardous waste. (NRS 459.590) Section 54.5 of this bill instead prohibits a person from transporting hazardous waste to a facility that has not been authorized to accept hazardous waste in accordance with certain regulations adopted by the Commission.
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 519A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. Beneficiation means the dressing or processing of ores to:
1. Regulate the size of a desired product;
2. Remove unwanted constituents; and
3. Improve the quality, purity or assay grade of a desired product.
Sec. 3. Discharge has the meaning ascribed to it in NRS 445A.345.
Sec. 4. Facility means all portions of a mining operation, including, without limitation, the mine, waste rock piles, ore piles, process components for beneficiation, processed ore disposal sites, and all associated buildings and structures. The term does not include any process component or non-process component that is not used for mining or mineral production and has not been used in the past for mining or mineral production.
Sec. 5. Fluid management system means the portion of a facility constructed to contain or transport process fluids.
Sec. 6. Point source means any discernible, confined and discrete conveyance from which pollutants are or may be discharged, including, without limitation, any pipe, ditch, channel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, wheeled, track, stationary or floating equipment used for earth-moving activities or vessel or other floating craft. The term does not include return flows from irrigated agriculture.
Sec. 7. Process component means the distinct portion of a constructed facility which is a point source.
Sec. 8. Process fluid means any liquid, including, without limitation, meteoric waters, which are intentionally or unintentionally introduced into any part of a process component for beneficiation.
Sec. 9. Stabilize means the condition in which a contaminant in a material or process fluid is bound, contained or treated so that the contaminant does not exhibit a potential to adversely impact human health, public safety or the environment.
Sec. 10. 1. If the Division has reasonable cause to believe, based on evidence satisfactory to the Division, that a holder of a permit is violating or is about to violate the provisions of NRS 519A.010 to 519A.280, inclusive, and sections 2 to 11, inclusive, of this act, or a regulation adopted or order issued pursuant thereto, or any term or condition of a permit issued pursuant to NRS 519A.180 or 519A.200 pertaining to the stabilization of process fluids, and that the violation will pose imminent danger to human health, public safety or the environment, the Division may, without prior hearing, issue an order against the holder of the permit, which:
κ2025 Statutes of Nevada, Page 1321 (CHAPTER 220, AB 40)κ
inclusive, and sections 2 to 11, inclusive, of this act, or a regulation adopted or order issued pursuant thereto, or any term or condition of a permit issued pursuant to NRS 519A.180 or 519A.200 pertaining to the stabilization of process fluids, and that the violation will pose imminent danger to human health, public safety or the environment, the Division may, without prior hearing, issue an order against the holder of the permit, which:
(a) Temporarily suspends all or part of the permit issued under NRS 519A.180 or 519A.200;
(b) Requires the holder of the permit to ensure all equipment necessary to stabilize process fluids remain at the facility; and
(c) Authorizes the Division to enter the facility and stabilize the process fluids at the facility.
2. The order issued pursuant to subsection 1 must specify:
(a) The provision of NRS 519A.010 to 519A.280, inclusive, and sections 2 to 11, inclusive, of this act or a regulation adopted or order issued pursuant thereto, or the term or condition of a permit issued pursuant to NRS 519A.180 or 519A.200 which the Division reasonably believes is being or is about to be violated and any facts supporting this belief;
(b) The parts of the permit that are being suspended, if only parts of the permit are suspended; and
(c) The actions the holder of the permit must take to correct the violation.
3. An order issued by the Division pursuant to this section is effective immediately and remains in effect until the Division issues a decision pursuant to subsection 5.
4. The Division shall serve an order issued pursuant to subsection 1 personally or by mail with delivery on the next business day to the holder of the permit at his or her address as shown on the records of the Division.
5. Unless otherwise agreed upon by the holder of the permit and the Division, the Division shall hold a hearing not later than 10 business days after issuing the order. The Division shall issue a decision not later than 5 business days after the hearing.
6. Unless otherwise authorized in writing by the Division, the permit or parts thereof must remain suspended until the violation is corrected and any costs of the Division for the stabilization of the process fluids while the permit is suspended pursuant to subsection 1 are compensated from the bond or other surety required pursuant to NRS 519A.190 or 519A.210, as applicable, or otherwise repaid to the Division.
Sec. 11. 1. The Division may lien all real and personal property, tangible and intangible, associated with a facility of a holder of a permit under NRS 519A.180 or 519A.200 for:
(a) The costs incurred by the Division pursuant to section 10 of this act to stabilize process fluids that pose an imminent danger to human health, public safety or the environment; and
(b) The amount of any deficiency in a bond or surety required by NRS 519A.190 or 519A.210 and identified in a notice of noncompliance issued pursuant to NRS 519A.270.
2. To perfect a lien held pursuant to subsection 1, the Division shall:
(a) Provide notice of intent to lien to the holder of the permit by certified or registered mail;
κ2025 Statutes of Nevada, Page 1322 (CHAPTER 220, AB 40)κ
(b) Not later than 30 days after providing notice of intent to lien pursuant to paragraph (a), provide notice of the lien to the holder of the permit by certified or registered mail; and
(c) File notice of the lien, which must set forth, without limitation, the amount of the lien:
(1) If on real property, in the office of the county recorder of the county where the real property is located.
(2) If on personal property, in the Office of the Secretary of State. If the notice is filed in the Office of the Secretary of State, the notice must be marked, held and indexed in accordance with the provisions of NRS 104.9519 as if the notice were a financing statement within the meaning of the Uniform Commercial Code.
3. The Division shall file an amended notice of the lien which must set forth, without limitation, the amount of the lien:
(a) Not later than 30 days after the amount of the lien decreases due to payment, reimbursement or any other partial lien satisfaction; and
(b) Not later than 90 days after the first day of any month in which the amount of the lien increases due to the accrual of unrecovered costs or a deficiency in a bond or other surety identified in a notice of noncompliance issued pursuant to NRS 519A.270.
4. The amount of the lien held pursuant to subsection 1 must not exceed:
(a) The costs of the Division for reclamation and any deficiency in a bond or other surety; or
(b) The proceeds from the sale of the real or personal property associated with the facility of the holder of the permit after any previously perfected security interests or judgment liens are satisfied.
5. A security interest or judgment lien that is perfected before notice of the lien is filed pursuant to subsection 2 has priority over a lien perfected pursuant to this section. A perfected lien held pursuant to this section has priority over all other liens and encumbrances that have an interest in the:
(a) Proceeds of a bond or other surety required by NRS 519A.190 or 519A.210; or
(b) Increase in the fair market value of the real or personal property associated with the facility that is attributable to reclamation performed by the Division, which must be measured at the time of the sale or other disposition of the real or personal property.
6. The Division shall release the lien pursuant to subsection 7 if:
(a) The costs of reclamation incurred by the Division are repaid or reimbursed;
(b) The holder of the permit resolves the deficiency in the bond or other surety identified in a notice of noncompliance issued pursuant to NRS 519A.270; or
(c) The lien is satisfied by sale or other means.
7. As soon as practicable but not more than 30 days after a lien is satisfied pursuant to subsection 6, the Division shall file a notice of lien release:
(a) If on real property, in the office of the county recorder of the county where the real property is located.
κ2025 Statutes of Nevada, Page 1323 (CHAPTER 220, AB 40)κ
(b) If on personal property, in the Office of the Secretary of State. If the notice is filed in the Office of the Secretary of State, the notice must be marked, held and indexed in accordance with the provisions of NRS 104.9519 as if the notice were a financing statement within the meaning of the Uniform Commercial Code.
8. The Attorney General may, on behalf of the Division, foreclose on a perfected lien in a suit brought in district court in the same manner as a suit for the foreclosure of any other lien.
9. Nothing in this section shall be construed to limit the right of the Division to bring an action to recover any costs and damages for which a person is liable under the provisions of this chapter.
Sec. 12. NRS 519A.020 is hereby amended to read as follows:
519A.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 519A.030 to 519A.130, inclusive, and sections 2 to 9, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 13. NRS 519A.100 is hereby amended to read as follows:
519A.100 Reclamation means actions performed during or after an exploration project or mining operation to [shape,] :
1. Shape, stabilize, revegetate or otherwise treat the land in order to return it to a safe, stable condition consistent with the establishment of a productive postmining use of the land and the abandonment of a facility in a manner which ensures the public safety, as well as the encouragement of techniques which minimize the adverse visual effects [.] ; or
2. Stabilize process fluids.
Sec. 14. NRS 519A.130 is hereby amended to read as follows:
519A.130 Surety means, but is not limited to, a trust fund, surety bonds that guarantee performance or payment into a trust fund [,] or an account held by or for the benefit of the Division, letters of credit, insurance [, corporate or other guarantees of performance,] or any combination of these or other forms of security approved by the Director of the State Department of Conservation and Natural Resources and used to ensure that reclamation will be completed.
Sec. 15. NRS 519A.170 is hereby amended to read as follows:
519A.170 All fees collected by the Division pursuant to this chapter, including, without limitation, the fees for an application for and the issuance of a permit, must be deposited with the State Treasurer for credit to the appropriate account of the Division and must be used in the administration of NRS 519A.010 to 519A.280, inclusive [.] , and sections 2 to 11, inclusive, of this act. All interest earned on the money credited pursuant to this section must be credited to the account to which the money was credited.
Sec. 16. NRS 519A.220 is hereby amended to read as follows:
519A.220 The Division shall develop a checklist to be completed by applicants for a permit to engage in a mining operation. The information requested by the checklist must include:
1. Information relating to the plan for reclamation, including:
(a) The proposed subsequent use of the land after the mining operation is completed;
(b) The proposed schedule of reclamation that will be followed;
(c) The proposed topography of the land after the mining operation is completed;
κ2025 Statutes of Nevada, Page 1324 (CHAPTER 220, AB 40)κ
(d) The treatment of slopes created or affected by the mining operation;
(e) The proposed use of impoundments;
(f) The kinds of access roads to be built and the manner of reclamation of road sites;
(g) The methods of drainage that will be used during the mining operation and reclamation;
(h) The revegetation of the land;
(i) The monitoring and maintenance of the reclaimed land that will be performed by the operator;
(j) The reclamation that will be necessary as a result of instream mining;
(k) The effect that reclamation will have on future mining in that area; [and]
(l) The effect of the reclamation on public safety [.] ; and
(m) A manual for the operation and maintenance of the fluid management system.
2. Information relating to the mining operation and maps of the area which is required by the regulations adopted by the Commission pursuant to NRS 519A.160.
3. Other information as requested by the Administrator which the Administrator determines is pertinent to the reclamation activities of the mining operation.
Sec. 17. NRS 519A.230 is hereby amended to read as follows:
519A.230 1. A plan for reclamation must provide:
(a) That reclamation activities, particularly those relating to the control of erosion, must be conducted simultaneously with the mining operation to the extent practicable, and otherwise must be initiated promptly upon the completion or abandonment of the mining operation in any area that will not be subject to further disturbance. Reclamation activities must be completed within the time set by the regulations adopted by the Commission pursuant to NRS 519A.160.
(b) For vegetative cover if appropriate to the future use of the land.
(c) For the reclamation of all land disturbed by the exploration project or mining operation to a stability comparable to that of adjacent areas.
(d) For the stabilization of process fluids.
2. The operator may request the Division to grant an exception for open pits and rock faces which may not be feasible to reclaim. If an exception is granted, other than for a pit lake for which public access is provided in a plan for reclamation pursuant to subsection 3, the Division shall require the operator to take sufficient measures to ensure public safety.
3. Except as otherwise provided in this subsection, for a pit lake that will have a predicted filled surface area of more than 200 acres, a plan for reclamation must provide, in consultation with the operator and each landowner, including any federal land manager, and, if feasible, for at least one point of public nonmotorized access to the water level of the pit lake when the pit in which the pit lake is located reaches at least 90 percent of its predicted maximum capacity. This subsection:
(a) Must not be construed to impede the ability of any landowner, including any federal land manager, of any premises on which a pit lake is located to determine the final and ultimate use of those premises;
(b) Does not require any landowner, including any federal land manager, who is consulted pursuant to this subsection to agree to allow access to any pit lake; and
κ2025 Statutes of Nevada, Page 1325 (CHAPTER 220, AB 40)κ
(c) Does not alter any contract or agreement entered into before October 1, 2013, between an operator and a landowner, including any federal land manager.
4. A protected person with respect to any premises for which public access to a pit lake is provided in a plan for reclamation pursuant to subsection 3 owes no duty to keep the premises, including, without limitation, the access area and the pit lake and its surroundings, safe for entry or use by any other person for participation in any activity, or to give a warning of any hazardous condition, activity or use of the premises to any person entering the premises.
5. If a protected person gives permission to another person to access or engage in any activity with respect to any premises specified in subsection 4, the protected person does not thereby extend any assurance that the premises are safe for that activity or any other purpose or assume responsibility for or incur any liability for any injury to any person or property caused by any act of a person to whom the permission is granted. The provisions of this subsection do not confer any liability upon a protected person for any injury to any other person or property, whether actual or implied, or create a duty of care or ground of liability for any injury to any person or property.
6. Except in the case of an emergency, an operator shall not depart from an approved plan for reclamation without prior written approval from the Division.
7. Reclamation activities must be economically and technologically practicable in achieving a safe and stable condition suitable for the use of the land.
8. As used in this section:
(a) Pit lake means a body of water that has resulted, after the completion of an exploration project or mining operation, from an open pit that has penetrated the water table of the area in which the pit is located.
(b) Protected person means any past or present:
(1) Owner of any estate or interest in any premises for which public access to a pit lake is provided in a plan for reclamation pursuant to subsection 3;
(2) Operator of all or any part of the premises, including, without limitation, any entity that has conducted or is conducting a mining operation or any reclamation activity with respect to the premises;
(3) Lessee or occupant of all or any part of the premises; or
(4) Contractor, subcontractor, employee or agent of any such owner, operator, lessee or occupant.
Sec. 18. NRS 519A.240 is hereby amended to read as follows:
519A.240 1. If a mining operation or exploration project is conducted , in whole or in part, on land administered by a federal agency, [an approved] a federal plan of operations and a surety approved by the federal agency that are consistent with the requirements of this chapter supersede , if wholly conducted on land administered by the federal agency, or substitute, if partly conducted on land administered by the federal agency, the requirements for a permit and bond or other surety otherwise required by this chapter [. If the mining operation or exploration project is conducted on a site which includes both public land and privately owned land, compliance with the federal plan suffices if that plan substantially provides for the reclamation and bond or other surety required by this chapter.] if the applicant:
κ2025 Statutes of Nevada, Page 1326 (CHAPTER 220, AB 40)κ
(a) Submits to the Division the federal plan of operations determined by the federal agency to be administratively complete and an estimate of the costs of reclamation of the mining operation or exploration project, and any modifications thereto; and
(b) Remedies any inconsistencies between the federal plan of operations and the requirements of this chapter and any regulations adopted pursuant thereto that are identified by the Division.
2. Nothing in this section affects the requirement [for] to obtain a permit set forth in NRS 519A.180 or 519A.200 or the required payment of fees set forth in NRS 519A.160 or 519A.260.
Sec. 19. NRS 519A.270 is hereby amended to read as follows:
519A.270 If the Division has reason to believe that any provision of NRS 519A.010 to 519A.280, inclusive, and sections 2 to 11, inclusive, of this act, a plan for reclamation, any condition placed on a plan for reclamation or any regulation adopted by the Commission pursuant to NRS 519A.160, has been violated, the Division shall serve a notice of noncompliance upon the holder of the permit. The notice must:
1. Be served personally or by registered mail addressed to the holder of the permit at his or her address as shown on the records of the Division;
2. Specify each violation; and
3. Set a date and time for a hearing and inform the person that the persons permit may be suspended or revoked and the persons bond or other surety forfeited upon completion of the hearing or if the person fails to attend the hearing.
Sec. 20. NRS 519A.280 is hereby amended to read as follows:
519A.280 1. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person who violates any provision of NRS 519A.010 to 519A.280, inclusive, and sections 2 to 11, inclusive, of this act, or any regulation adopted by the Commission pursuant to NRS 519A.160, is guilty of a misdemeanor and, in addition to any criminal penalty, is subject to a civil penalty imposed by the Division at a hearing for which notice has been given, in an amount determined pursuant to the schedule adopted by the Commission pursuant to NRS 519A.160.
2. Any money received by the Division pursuant to subsection 1 must be deposited with the State Treasurer for credit to the appropriate account of the Division. All interest earned on the money credited pursuant to this section must be credited to the account to which the money was credited.
3. In addition to any other remedy provided by this chapter, the Division may compel compliance with any provision of NRS 519A.010 to 519A.280, inclusive, and sections 2 to 11, inclusive, of this act, or of any regulation adopted or permit or order issued pursuant to those sections, by injunction or other appropriate remedy. The Division may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
Sec. 21. Chapter 444 of NRS is hereby amended by adding thereto the provisions set forth as sections 22 to 25, inclusive, of this act.
Sec. 22. Solid waste management facility means any place that engages in any activity related to a solid waste management system. The term includes, without limitation, a disposal site.
Sec. 23. (Deleted by amendment.)
Sec. 23.5. The State Environmental Commission may adopt regulations establishing activities that are related to a solid waste management system.
κ2025 Statutes of Nevada, Page 1327 (CHAPTER 220, AB 40)κ
management system. Such regulations may, without limitation, establish places that constitute solid waste management facilities because, as determined by the Commission, the activities performed at the place present a significant hazard to human health, public safety or the environment if solid waste at the place were to be managed improperly. The determination of the Commission may be based upon, without limitation, the size of the activity, throughput of the activity, location of the place or any other relevant factor determined by the State Environmental Commission.
Sec. 24. 1. The State Environmental Commission shall adopt regulations prescribing the requirements for an owner or operator of a municipal solid waste landfill or solid waste management facility that is engaged in an activity established by regulations adopted pursuant to section 23.5 of this act, to demonstrate that the owner or operator is financially responsible for the municipal solid waste landfill or solid waste management facility in accordance with subsection 4 of NRS 444.556. Such regulations must require the owner or operator to provide:
(a) Evidence that the owner or operator has a policy of liability insurance in an amount which the State Department of Conservation and Natural Resources has determined is necessary for the protection of human health, public safety and the environment;
(b) Evidence of security, in a form and amount which the State Department of Conservation and Natural Resources deems necessary, to ensure that at the time of any abandonment, cessation or interruption of the service provided by the municipal solid waste landfill or solid waste management facility, and thereafter, all appropriate measures will be taken to prevent damage to human health, public safety and the environment; and
(c) Any other evidence of financial responsibility which the State Environmental Commission finds necessary for those purposes.
2. Requirements established pursuant to this section may not exceed those requirements for financial responsibility established pursuant to the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901 et seq.
3. Any claim arising from conduct for which evidence of financial responsibility is required may be asserted directly against the insurer, guarantor, surety or other person providing such evidence if the owner or operator:
(a) Has filed a petition in bankruptcy, or is the object of an involuntary petition;
(b) Cannot respond in damages in the event a judgment is entered against the owner or operator; or
(c) Is not subject to the personal jurisdiction of any courts of this or any other state, or of the United States, or cannot, with due diligence, be served with process.
4. If a claim is asserted directly against a person providing evidence of financial responsibility, that person may assert any right or defense which:
(a) The person might have asserted in any action against him or her by the owner or operator; or
(b) The owner or operator might have asserted, had the claim been made against him or her.
κ2025 Statutes of Nevada, Page 1328 (CHAPTER 220, AB 40)κ
Sec. 25. 1. The Division of Environmental Protection of the State Department of Conservation and Natural Resources or the solid waste management authority may lien all real and personal property, tangible and intangible, associated with a municipal solid waste landfill or solid waste management facility of the owner or operator of a municipal solid waste landfill or solid waste management facility for:
(a) The costs incurred by the Division of Environmental Protection or solid waste management authority to reduce or eliminate an imminent threat to human health, public safety or the environment relating to the management of waste at a solid waste management facility, including, without limitation, a disposal site; and
(b) The amount of any deficiency in a security or other type of financial responsibility required in accordance with the regulations adopted pursuant to section 24 of this act or the Resource Conservation and Recovery Act of 1976, Subtitle D, §§ 42 U.S.C. 6941 et seq., and any regulations adopted pursuant thereto and identified in an order issued pursuant to NRS 444.592.
2. To perfect a lien held pursuant to subsection 1, the Division of Environmental Protection or solid waste management authority shall:
(a) Provide notice of intent to lien to the owner or operator of the municipal solid waste landfill or solid waste management facility by certified or registered mail;
(b) Not later than 30 days after providing notice of intent to lien pursuant to paragraph (a), provide notice of the lien to the owner or operator of the municipal solid waste landfill or solid waste management facility by certified or registered mail; and
(c) File notice of the lien, which must set forth, without limitation, the amount of the lien:
(1) If on real property, in the office of the county recorder of the county where the real property is located.
(2) If on personal property, in the Office of the Secretary of State. If the notice is filed in the Office of the Secretary of State, the notice must be marked, held and indexed in accordance with the provisions of NRS 104.9519 as if the notice were a financing statement within the meaning of the Uniform Commercial Code.
3. The Division of Environmental Protection or solid waste management authority shall file an amended notice of the lien which must set forth, without limitation, the amount of the lien:
(a) Not later than 30 days after the amount of the lien decreases due to payment, reimbursement or any other partial lien satisfaction; and
(b) Not later than 90 days after the first day of any month in which the amount of the lien increases due to the accrual of unrecovered costs or a deficiency in a security or other type of financial responsibility identified in an order issued pursuant to NRS 444.592.
4. The amount of the lien held pursuant to subsection 1 must not exceed:
(a) The costs of the Division of Environmental Protection or solid waste management authority for performing remediation and any deficiency in a security or other type of financial responsibility; or
(b) The proceeds from the sale of the real or personal property associated with the municipal solid waste landfill or solid waste management facility after any previously perfected security interests or judgment liens are satisfied.
κ2025 Statutes of Nevada, Page 1329 (CHAPTER 220, AB 40)κ
management facility after any previously perfected security interests or judgment liens are satisfied.
5. A security interest or judgment lien that is perfected before notice of the lien is filed pursuant to subsection 2 has priority over a lien perfected pursuant to this section. A perfected lien held pursuant to this section has priority over all other liens and encumbrances that have an interest in the:
(a) Proceeds of a security or other type of financial responsibility required in accordance with the requirements prescribed pursuant to section 24 of this act or the Resource Conservation and Recovery Act of 1976, Subtitle D, §§ 42 U.S.C. 6941 et seq., and any regulations adopted pursuant thereto; or
(b) Increase in the fair market value of the real or personal property associated with the municipal solid waste landfill or solid waste management facility that is attributable to remediation performed by the Division of Environmental Protection or solid waste management authority, which must be measured at the time of the sale or other disposition of the real or personal property.
6. The Division of Environmental Protection or solid waste management authority shall release the lien pursuant to subsection 7 if:
(a) The costs of remediation of the Division of Environmental Protection or solid waste management authority are repaid or reimbursed;
(b) The owner or operator of the municipal solid waste landfill or solid waste management authority resolves the deficiency in the security or other type of financial responsibility identified in an order issued pursuant to NRS 444.592; or
(c) The lien is satisfied by sale or other means.
7. As soon as practicable but not more than 30 days after a lien is satisfied pursuant to subsection 6, the Division of Environmental Protection or solid waste management authority shall file a notice of lien release:
(a) If on real property, in the office of the county recorder of the county where the real property is located.
(b) If on personal property, in the Office of the Secretary of State. If the notice is filed in the Office of the Secretary of State, the notice must be marked, held and indexed in accordance with the provisions of NRS 104.9519 as if the notice were a financing statement within the meaning of the Uniform Commercial Code.
8. The Attorney General or district attorney may, on behalf of the Division of Environmental Protection or solid waste management authority, foreclose on a perfected lien in a suit brought in district court in the same manner as a suit for the foreclosure of any other lien.
9. Nothing in this section shall be construed to limit the right of the Division of Environmental Protection or solid waste management authority to recover any costs and damages incurred by the Division of Environmental Protection or solid waste management authority for which the person, owner or operator is liable under NRS 444.598.
Sec. 26. NRS 444.450 is hereby amended to read as follows:
444.450 As used in NRS 444.440 to 444.620, inclusive, and sections 22 to 25, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 444.460 to 444.501, inclusive, and section 22 of this act have the meanings ascribed to them in those sections.
κ2025 Statutes of Nevada, Page 1330 (CHAPTER 220, AB 40)κ
Secs. 27 and 28. (Deleted by amendment.)
Sec. 28.3. NRS 444.500 is hereby amended to read as follows:
444.500 Solid waste management system means the entire process of the storage, collection, transportation, processing, recycling [and] or disposal of solid waste. The term includes plans and programs for the reduction of waste and public education.
Sec. 28.7. NRS 444.553 is hereby amended to read as follows:
444.553 1. The solid waste management authority shall, in accordance with the regulations of the State Environmental Commission adopted pursuant to NRS 444.560 [,] and section 24 of this act, issue permits to operate solid waste management facilities, including, without limitation, disposal sites.
2. A person shall not operate or authorize the operation of a solid waste management facility, including, without limitation, a disposal site , unless the operator:
(a) Holds a permit to operate the solid waste management facility, including without limitation, a disposal site , issued by the solid waste management authority; and
(b) Complies with the terms and conditions of the permit.
3. A solid waste management authority may:
(a) Obtain, and the owner or operator of a solid waste management facility, including, without limitation, a disposal site, shall deliver upon request, any information necessary to determine whether the owner or operator is or has been in compliance with the terms and conditions of the permit, the regulations of the State Environmental Commission, the applicable laws of this State and the provisions of the Resource Conservation and Recovery Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto;
(b) Conduct monitoring or testing to ensure that the owner or operator is or has been in compliance with the terms and conditions of the permit; and
(c) Enter any site or premises subject to the permit, during normal business hours, at which records relevant to the solid waste management facility, including, without limitation, a disposal site, are kept in order to inspect those records.
Sec. 29. NRS 444.556 is hereby amended to read as follows:
444.556 1. Before constructing or operating a municipal solid waste landfill, the owner or operator of the municipal solid waste landfill shall obtain a permit issued by the solid waste management authority.
2. A permit for the construction or operation of a municipal solid waste landfill is subject to the general conditions of the Resource Conservation and Recovery Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto.
3. Any documents submitted in connection with an application for a permit, including any modifications requested by the solid waste management authority that require corrective action to the proposed construction or operation, are public records and must be made available for public comment. The final determinations made by the solid waste management authority on an application for a permit are public records.
4. [A] Except as otherwise provided in subsection 5, a permit issued by a solid waste management authority must be conditioned upon all requirements that are necessary to ensure continuing compliance with:
κ2025 Statutes of Nevada, Page 1331 (CHAPTER 220, AB 40)κ
(a) The requirements of the Resource Conservation and Recovery Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto, which describe:
(1) General standards for a municipal solid waste landfill;
(2) Restrictions on the location of such a municipal solid waste landfill;
(3) Criteria for the operation of such a municipal solid waste landfill;
(4) Criteria for the design of such a municipal solid waste landfill;
(5) Requirements for monitoring groundwater and standards for corrective actions related thereto;
(6) Standards of care related to the closure of such a municipal solid waste landfill; and
(7) Financial responsibility requirements for the owners or operators of such municipal solid waste landfills [;] pursuant to section 24 of this act;
(b) The applicable regulations of the State Environmental Commission; and
(c) The applicable laws of this State.
5. The requirements of subparagraphs (6) and (7) of paragraph (a) of subsection 4 may be satisfied by a plan for reclamation:
(a) Which has been approved by the Division of Environmental Protection of the State Department of Conservation and Natural Resources; and
(b) Complies with NRS 519A.230 and the provisions of the Resource Conservation and Recovery Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto.
6. A solid waste management authority may:
(a) Obtain, and the owner or operator of a municipal waste landfill shall deliver upon request, any information necessary to determine whether the owner or operator is or has been in compliance with the terms and conditions of the permit, the regulations of the State Environmental Commission, the applicable laws of this State and the provisions of the Resource Conservation and Recovery Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto;
(b) Conduct monitoring or testing to ensure that the owner or operator is or has been in compliance with the terms and conditions of the permit; and
(c) Enter any site or premises subject to the permit, during normal business hours, on which records relevant to the municipal solid waste landfill are kept in order to inspect those records.
Sec. 30. NRS 444.557 is hereby amended to read as follows:
444.557 1. A solid waste management authority shall establish a program to monitor the compliance of a municipal solid waste landfill with the terms and conditions of the permit issued for that municipal solid waste landfill, the regulations of the State Environmental Commission, the applicable laws of this state and the provisions of the Resource Conservation and Recovery Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto. The program must include procedures to:
(a) Verify the accuracy of any information submitted by the owner or operator of the municipal solid waste landfill to the authority;
(b) Verify the adequacy of sampling procedures and analytical methods used by the owner or operator of the municipal solid waste landfill; and
κ2025 Statutes of Nevada, Page 1332 (CHAPTER 220, AB 40)κ
(c) Require the owner or operator to produce all evidence which would be admissible in a proceeding to enforce compliance.
2. The solid waste management authority shall receive and give appropriate consideration to any information submitted by members of the public regarding the continuing compliance of an owner or operator with the permit issued by the solid waste management authority.
3. In the administration of any permit issued by a solid waste management authority, the authority shall establish procedures that permit intervention pursuant to Rule 24 of the Nevada Rules of Civil Procedure. The authority shall not oppose intervention on the ground that the applicants interest is adequately represented by the solid waste management authority.
Sec. 31. (Deleted by amendment.)
Sec. 32. NRS 444.559 is hereby amended to read as follows:
444.559 1. A municipal solid waste landfill shall accept a recreational vehicle for disposal if:
[1.] (a) The person disposing of the recreational vehicle pays any applicable fee and provides the title to the recreational vehicle, indicating that he or she is the owner.
[2.] (b) Accepting the recreational vehicle for disposal does not violate any applicable federal or state law or regulation relating to the operation of the municipal solid waste landfill.
2. A municipal solid waste landfill shall not accept hazardous waste from a very small quantity generator for disposal.
3. As used in this section, very small quantity generator has the meaning ascribed to it in 40 C.F.R. § 260.10.
Sec. 32.1. NRS 444.560 is hereby amended to read as follows:
444.560 1. The State Environmental Commission shall adopt regulations concerning solid waste management systems, or any part thereof, including regulations establishing standards for the issuance, renewal, modification, suspension, revocation and denial of, and for the imposition of terms and conditions for, a permit to construct or operate a solid waste management facility, including, without limitation, a disposal site.
2. The State Environmental Commission may establish a schedule of fees for the disposal of solid waste in areas subject to the jurisdiction of the State Department of Conservation and Natural Resources in accordance with NRS 444.495 or for the issuance of permits or other approvals by the Department for the operation of solid waste management facilities. The Department may use the money collected under the schedule to defray the cost of managing and regulating solid waste.
3. Notice of the intention to adopt and the adoption of any regulation or schedule of fees must be given to the clerk of the governing board of all municipalities in this State.
4. Within a reasonable time, as fixed by the State Environmental Commission, after the adoption of any regulation, no governing board of a municipality or person may operate or permit an operation in violation of the regulation.
Sec. 32.2. NRS 444.570 is hereby amended to read as follows:
444.570 1. The State Department of Conservation and Natural Resources shall:
κ2025 Statutes of Nevada, Page 1333 (CHAPTER 220, AB 40)κ
(a) Advise, consult and cooperate with other agencies and commissions of the State, other states, the Federal Government, municipalities and persons in the formulation of plans for and the establishment of any solid waste management system.
(b) Accept and administer loans and grants from any person that may be available for the planning, construction and operation of solid waste management systems.
(c) Enforce the provisions of NRS 444.440 to 444.560, inclusive, and any regulation adopted by the State Environmental Commission pursuant thereto.
(d) Periodically review the programs of other solid waste management authorities in the State for issuing permits pursuant to NRS 444.505, 444.553 and 444.556 and ensuring compliance with the terms and conditions of such permits, the regulations of the State Environmental Commission, the laws of this State and the provisions of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto. The Director of the State Department of Conservation and Natural Resources shall review the adequacy of such programs in accordance with the standards adopted by the United States Environmental Protection Agency to review the adequacy of the state program. If the Director determines that a program is inadequate, the Department shall act as the solid waste management authority until the deficiency is corrected. A finding by the Director that a program is inadequate is not final until reviewed by the State Environmental Commission. This paragraph does not limit the authority or responsibility of a district board of health to issue permits for solid waste management facilities, including, without limitation, disposal sites , and enforce the laws of this State regarding solid waste management systems.
(e) Make such investigations and inspections and conduct such monitoring and testing as may be necessary to require compliance with NRS 444.450 to 444.560, inclusive, and any regulation adopted by the State Environmental Commission.
2. The State Environmental Commission shall:
(a) In cooperation with governing bodies of municipalities, develop a statewide solid waste management system plan, and review and revise the plan every 5 years.
(b) Examine and approve or disapprove plans for solid waste management systems.
(c) Review any determination by the Director of the State Department of Conservation and Natural Resources that a program for issuing permits administered by a solid waste management authority is inadequate. The Commission may affirm, modify or reverse the findings of the Director.
3. Employees of the State Department of Conservation and Natural Resources or its authorized representatives may, during the normal hours of operation of a facility subject to the provisions of NRS 444.440 to 444.620, inclusive, and sections 22 to 25, inclusive, of this act, enter and inspect areas of the facility where:
(a) Solid waste may have been generated, stored, collected, transported, [treated] processed, recycled or disposed; or
(b) Records are kept, and may inspect and copy any records, reports, information or test results relating to the management of the solid waste.
κ2025 Statutes of Nevada, Page 1334 (CHAPTER 220, AB 40)κ
Sec. 32.4. NRS 444.580 is hereby amended to read as follows:
444.580 Except as otherwise provided in NRS 444.559:
1. Any district board of health created pursuant to NRS 439.362 or 439.370 and any governing body of a municipality may adopt standards and regulations for the location, design, construction, operation and maintenance of solid waste management facilities, solid waste disposal sites and solid waste management systems or any part thereof more restrictive than those adopted by the State Environmental Commission, and any district board of health may issue permits thereunder.
2. Any district board of health created pursuant to NRS 439.362 or 439.370 may adopt such other regulations as are necessary to carry out the provisions of NRS 444.440 to 444.620, inclusive [.] , and sections 22 to 25, inclusive, of this act. Such regulations must not conflict with regulations adopted by the State Environmental Commission.
Sec. 32.6. NRS 444.583 is hereby amended to read as follows:
444.583 1. Except as otherwise provided in subsection 5 and NRS 444.509, it is unlawful willfully to:
(a) Dispose of, abandon or dump a motor vehicle battery, motor vehicle tire or motor oil at any site which has not been issued a permit for that purpose by the solid waste management authority;
(b) Dispose of, abandon or dump a motor vehicle battery, motor vehicle tire or motor oil at a [sanitary] municipal solid waste landfill or other disposal site established by a municipality which has not been issued a permit for that purpose by the solid waste management authority; or
(c) Incinerate a motor vehicle battery or motor vehicle tire as a means of ultimate disposal, unless the incineration is approved by the solid waste management authority for the recovery of energy or other appropriate use.
2. A person who violates the provisions of subsection 1 is guilty of a misdemeanor and except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, shall be punished by a fine of not less than $100 per violation.
3. The State Department of Conservation and Natural Resources shall establish a plan for the appropriate disposal of used or waste motor vehicle batteries, motor vehicle tires and motor oil. The plan must include the issuance of permits to approved sites or facilities for the disposal of those items by the public. The plan may include education of the public regarding the necessity of disposing of these items properly and recycling them.
4. The State Department of Conservation and Natural Resources shall encourage the voluntary establishment of authorized sites which are open to the public for the deposit of used or waste motor vehicle batteries, motor vehicle tires and motor oil.
5. The provisions of subsections 1 and 2 do not apply to the disposal of used or waste motor vehicle batteries or motor vehicle tires if the unavailability of a site that has been issued a permit by the solid waste management authority makes disposal at such a site impracticable. The provisions of this subsection do not exempt a person from any other regulation of the solid waste management authority concerning the disposal of used or waste motor vehicle batteries or motor vehicle tires.
Sec. 32.8. NRS 444.592 is hereby amended to read as follows:
444.592 If the solid waste management authority receives information that the [handling,] storage, [recycling,] collection, transportation, [treatment] processing, recycling or disposal of any solid waste presents or may present a threat to human health, public safety or the environment, or is in violation of a term or condition of a permit issued pursuant to NRS 444.505, 444.553 or 444.556, a statute, a regulation or an order issued pursuant to NRS 444.594, the authority may, in addition to any other remedy provided in NRS 444.440 to 444.620, inclusive [:] , and sections 22 to 25, inclusive, of this act:
κ2025 Statutes of Nevada, Page 1335 (CHAPTER 220, AB 40)κ
may present a threat to human health, public safety or the environment, or is in violation of a term or condition of a permit issued pursuant to NRS 444.505, 444.553 or 444.556, a statute, a regulation or an order issued pursuant to NRS 444.594, the authority may, in addition to any other remedy provided in NRS 444.440 to 444.620, inclusive [:] , and sections 22 to 25, inclusive, of this act:
1. Issue an order directing the owner or operator of the solid waste management facility, including, without limitation, a disposal site or any other site where the [handling,] storage, [recycling,] collection, transportation, [treatment] processing, recycling or disposal has occurred or may occur, or any other person who has custody of the solid waste, to take such steps as are necessary to prevent the act or eliminate the practice which constitutes the threat or violation.
2. Commence an action in a court of competent jurisdiction to enjoin the act or practice which constitutes the threat or violation in accordance with the provisions of NRS 444.600.
3. Take any other action designed to reduce or eliminate the threat or violation.
Sec. 33. Chapter 459 of NRS is hereby amended by adding thereto the provisions set forth as sections 34 and 35 of this act.
Sec. 34. Recycling means the processing of hazardous waste to recover materials or produce a usable product. The term does not include the treatment or disposal of hazardous waste.
Sec. 35. 1. The Department may lien all real and personal property, tangible and intangible, associated with a facility for the management of hazardous waste of the owner, operator or holder of a permit for:
(a) The costs incurred by the Department to remediate an imminent and substantial hazard to human health, public safety or the environment pursuant to subsection 1 of NRS 459.537; and
(b) The amount of any deficiency in a security or other type of financial responsibility required pursuant to NRS 459.525 and identified in an order issued pursuant to NRS 459.570.
2. To perfect a lien held pursuant to subsection 1, the Department shall:
(a) Provide notice of intent to lien to the owner, operator or holder of the permit by certified or registered mail;
(b) Not later than 30 days after providing notice of intent to lien pursuant to paragraph (a), provide notice of the lien to the owner, operator or holder of the permit by certified or registered mail; and
(c) File notice of the lien, which must set forth, without limitation, the amount of the lien:
(1) If on real property, in the office of the county recorder of the county where the real property is located.
(2) If on personal property, in the Office of the Secretary of State. If the notice is filed in the Office of the Secretary of State, the notice must be marked, held and indexed in accordance with the provisions of NRS 104.9519 as if the notice were a financing statement within the meaning of the Uniform Commercial Code.
3. The Department shall file an amended notice of the lien which must set forth, without limitation, the amount of the lien:
(a) Not later than 30 days after the amount of the lien decreases due to payment, reimbursement or any other partial lien satisfaction; and
κ2025 Statutes of Nevada, Page 1336 (CHAPTER 220, AB 40)κ
(b) Not later than 90 days after the first day of any month in which the amount of the lien increases due to the accrual of unrecovered costs or a deficiency in a security or other type of financial responsibility identified in an order issued pursuant to NRS 459.570.
4. The amount of the lien held pursuant to subsection 1 must not exceed:
(a) The costs of the Department for performing remediation and any deficiency in a security or other type of financial responsibility; or
(b) The proceeds from the sale of the real or personal property associated with the facility after any previously perfected security interests or judgment liens are satisfied.
5. A security interest or judgment lien that is perfected before notice of the lien is filed pursuant to subsection 2 has priority over a lien perfected pursuant to this section. A perfected lien held pursuant to this section has priority over all other liens and encumbrances that have an interest in the:
(a) Proceeds of a security or other type of financial responsibility required pursuant to NRS 459.525; or
(b) Increase in the fair market value of the real or personal property associated with the facility that is attributable to remediation performed by the Department, which must be measured at the time of the sale or other disposition of the real or personal property.
6. The Department shall release the lien pursuant to subsection 7 if:
(a) The costs of remediation of the Department are repaid or reimbursed;
(b) The owner, operator or holder of the permit resolves the deficiency in the security or other type of financial responsibility identified in an order issued pursuant to NRS 459.570; or
(c) The lien is satisfied by sale or other means.
7. As soon as practicable but not more than 30 days after a lien is satisfied pursuant to subsection 6, the Division shall file a notice of lien release:
(a) If on real property, in the office of the county recorder of the county where the real property is located.
(b) If on personal property, in the Office of the Secretary of State. If the notice is filed in the Office of the Secretary of State, the notice must be marked, held and indexed in accordance with the provisions of NRS 104.9519 as if the notice were a financing statement within the meaning of the Uniform Commercial Code.
8. The Attorney General, on behalf of the Department, may foreclose on a perfected lien in a suit brought in district court in the same manner as a suit for the foreclosure of any other lien.
9. Nothing in this section shall be construed to limit the right of the Department to recover any costs and damages for which a person is liable under the provisions of this chapter.
Sec. 36. NRS 459.400 is hereby amended to read as follows:
459.400 The purposes of NRS 459.400 to 459.600, inclusive, and sections 34 and 35 of this act are to:
1. Protect human health, public safety and the environment from the effects of improper, inadequate or unsound management of hazardous waste;
κ2025 Statutes of Nevada, Page 1337 (CHAPTER 220, AB 40)κ
2. Establish a program for regulation of the [storage, generation, transportation, treatment and disposal] management of hazardous waste; [and]
3. Ensure safe and adequate management of hazardous waste [.] ; and
4. Conserve resources of material and energy through the recycling or recovery of hazardous waste.
Sec. 37. NRS 459.405 is hereby amended to read as follows:
459.405 As used in NRS 459.400 to 459.600, inclusive, and sections 34 and 35 of this act, unless the context otherwise requires, the words and terms defined in NRS 459.410 to 459.455, inclusive, and section 34 of this act have the meanings ascribed to them in those sections.
Sec. 37.5. NRS 459.425 is hereby amended to read as follows:
459.425 Disposal means the discharge, deposit, injection, dumping, spilling, leaking or placing of any hazardous waste into or on any land or water in a manner which might allow the hazardous waste or any [part of it] constituent thereof to enter the environment, be emitted into the air or be discharged into any [water, including any groundwater.] waters of this State, as defined in NRS 445A.415.
Sec. 38. (Deleted by amendment.)
Sec. 38.5. NRS 459.432 is hereby amended to read as follows:
459.432 Household waste means waste material, including, without limitation, garbage, trash and sanitary wastes in septic tanks that is generated by a household, including, without limitation, a single-family or multiple-unit residence, hotel, motel, bunkhouse, ranger station, crew quarters, campground, picnic ground and day-use recreational area. The term does not include nickel, cadmium, mercuric oxide, manganese, zinc-carbon , [or] lead or high-density energy batteries, toxic art supplies, used motor oil, kerosene, solvent-based paint, paint thinner, paint solvents, fluorescent or high-intensity light bulbs, ammunition, fireworks, pesticides the use of which has been prohibited or restricted or any other waste generated by a household that would otherwise be defined as hazardous waste pursuant to subsection 2 of NRS 459.430.
Sec. 39. NRS 459.435 is hereby amended to read as follows:
459.435 Management of hazardous waste means the systematic control of the generation, collection, storage, transportation, recycling, processing, treatment, recovery [and] or disposal of hazardous waste.
Sec. 40. NRS 459.440 is hereby amended to read as follows:
459.440 Manifest means a document used to identify hazardous waste during its transportation from between any two of the points of [generation, storage, treatment and disposal,] management and specifying the quantity, composition, origin, route and destination of the waste.
Sec. 40.5. NRS 459.450 is hereby amended to read as follows:
459.450 Storage means the containment of hazardous waste, [temporarily or] for a temporary period of [years, in a manner which does not constitute disposal.] time, at the end of which the hazardous waste is transported, processed, treated, recovered, disposed of or stored elsewhere.
Sec. 41. NRS 459.455 is hereby amended to read as follows:
459.455 Treatment means [a] any method, technique or process, including neutralization, which is designed to change the physical, chemical or biological character or composition of hazardous waste so as to neutralize it or render it less hazardous, nonhazardous, safer for transportation, storage and disposal, amenable to recovery of resources of material or energy from it, or reduce its volume.
κ2025 Statutes of Nevada, Page 1338 (CHAPTER 220, AB 40)κ
it or render it less hazardous, nonhazardous, safer for transportation, storage and disposal, amenable to recovery of resources of material or energy from it, or reduce its volume.
Sec. 42. (Deleted by amendment.)
Sec. 43. NRS 459.485 is hereby amended to read as follows:
459.485 The Commission shall:
1. Adopt regulations [governing systems of hazardous waste management,] to carry out the provisions of NRS 459.400 to 459.600, inclusive, and sections 34 and 35 of this act, including the plan for management of hazardous waste in the entire State; and
2. Through the Department:
(a) Advise, consult and cooperate with other agencies of the State, other states, the Federal Government, municipalities and other persons on matters relating to formulation of plans for managing hazardous waste.
(b) Develop a plan for management of hazardous waste in the entire State.
(c) Develop a program to encourage the minimization of hazardous waste and the recycling [or reuse] of hazardous waste by persons who generate hazardous waste within Nevada. The program may include grants or other financial incentives.
Sec. 44. NRS 459.490 is hereby amended to read as follows:
459.490 Regulations adopted by the Commission pursuant to NRS 459.485 must be based upon studies, guidelines and regulations of the Federal Government and must:
1. Set out mechanisms for determining whether any waste is hazardous;
2. Govern combinations of wastes which are not compatible and may not be [stored, treated or disposed of] managed together;
3. Govern [generation, storage, treatment and disposal] the management of hazardous waste;
4. Govern operation and maintenance of facilities for the [treatment, storage and disposal] management of hazardous waste, including the qualifications and requirements for ownership, continuity of operation, closure and care after closing;
5. Provide standards for location, design and construction of facilities for [treatment, storage and disposal] the management of hazardous waste;
6. Except as otherwise provided in NRS 459.700 to 459.780, inclusive, govern the transportation, packing and labeling of hazardous waste in a manner consistent with regulations issued by the United States Department of Transportation relating to hazardous waste;
7. Provide procedures and requirements for the use of a manifest for each shipment of hazardous waste. The procedures and requirements must be applied equally to those persons who transport hazardous waste generated by others and those who transport hazardous waste which they have generated themselves; and
8. Take into account climatic and geologic variations and other factors relevant to the management of hazardous waste.
Sec. 45. (Deleted by amendment.)
Sec. 46. NRS 459.515 is hereby amended to read as follows:
459.515 1. It is unlawful for any person to:
(a) Construct, substantially alter or operate any facility for the [treatment, storage or disposal] management of hazardous waste; or
κ2025 Statutes of Nevada, Page 1339 (CHAPTER 220, AB 40)κ
(b) [Treat, store or dispose of] Manage any hazardous waste,
Κ unless the person has first obtained a permit from the Department to do so [.] , if a permit is required for that type of facility for the management of hazardous waste by the regulations adopted by the Commission pursuant to NRS 459.520.
2. A person who:
(a) Conducts an activity for which a permit is required pursuant to this section, and is doing so on the effective date of the regulations establishing procedures for the system of permits; and
(b) Has made an application for a permit,
Κ shall be deemed to have been issued a permit until his or her application has been acted upon, unless a delay in that action was caused by the persons failure to furnish information which was reasonably requested or required for the processing of the application.
3. The Commission may require a person who is conducting an activity pursuant to subsection 2 to comply with requirements which it has specified by regulation before a permit is issued.
Sec. 47. NRS 459.520 is hereby amended to read as follows:
459.520 1. The Commission shall adopt regulations [for] :
(a) Establishing the types of facilities for the management of hazardous waste which must obtain a permit; and
(b) For the granting, renewal, modification, suspension, revocation and denial of such permits.
2. If the local government within whose territory a facility for the [treatment, storage or disposal] management of hazardous waste is to be located requires that a special use permit or other authorization be obtained for such a facility or activity, the application to the Department for a permit to operate such a facility must show that local authorization has been obtained. This requirement does not apply to an application for a permit to construct a utility facility that is subject to the provisions of NRS 704.820 to 704.900, inclusive.
3. Permits may contain terms and conditions which the Department considers necessary and which conform to the provisions of regulations adopted by the Commission.
4. Permits may be issued for any period of not more than 10 years.
5. A permit may not be granted or renewed if the Director determines that granting or renewing the permit is inconsistent with any regulation of the Commission relating to hazardous waste or with the plan for management of hazardous waste developed pursuant to NRS 459.485. The provisions of this subsection do not apply to a permit granted or under review before July 1, 1987.
6. The Department may suspend or revoke a permit pursuant to the Commissions regulations if the holder of the permit fails or refuses to comply with the terms of the permit or a regulation of the Commission relating to hazardous waste.
7. A permit may not be granted, renewed or modified for a facility for the disposal of hazardous waste that proposes to construct or operate a landfill unless the Director determines that the landfill is or will be constructed to include at least one liner and a leachate collection and removal system designed to prevent the migration of waste or leachate to the adjacent subsurface soils, groundwater and surface water.
κ2025 Statutes of Nevada, Page 1340 (CHAPTER 220, AB 40)κ
8. As used in this section:
(a) Landfill means a disposal facility or part of a facility where hazardous waste is placed in or on land and which is not a pile, a land-treatment facility, a surface impoundment, an underground-injection well, a salt-dome formation, a salt-bed formation, an underground mine or a cave.
(b) Leachate means any liquid, including any suspended components in the liquid, that has percolated through or drained from a landfill.
(c) Leachate collection and removal system means a layer of granular or synthetic materials installed above a liner and operated in conjunction with drains, pipes, sumps and pumps or other means designed to collect and remove leachate from a landfill.
(d) Liner means a continuous layer of artificially created material installed beneath and on the sides of a landfill which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents or leachate, and prevents the migration of waste to the adjacent subsurface soils, groundwater and surface water.
Sec. 48. NRS 459.525 is hereby amended to read as follows:
459.525 1. The Commission shall adopt regulations [requiring that] :
(a) Establishing the types of facilities for the management of hazardous waste for which the owner or operator of [any] a facility for the [treatment, storage or disposal] management of hazardous waste must show his or her financial responsibility for the undertaking [by providing:] ; and
(b) Requiring the owner or operator to provide:
[(a)] (1) Evidence that the owner or operator has a policy of liability insurance in an amount which the Department has determined is necessary for the protection of human health, public safety and the environment;
[(b)] (2) Evidence of security, in a form and amount which the Department deems necessary, to ensure that at the time of any abandonment, cessation or interruption of the service provided by the facility, and thereafter, all appropriate measures will be taken to prevent damage to human health, public safety and the environment; and
[(c)] (3) Any other evidence of financial responsibility which the Commission finds necessary for those purposes.
2. Requirements established pursuant to this section may not exceed those requirements for financial responsibility established pursuant to the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901 et seq.
3. Any claim arising from conduct for which evidence of financial responsibility is required may be asserted directly against the insurer, guarantor, surety or other person providing such evidence if the owner or operator:
(a) Has filed a petition in bankruptcy, or is the object of an involuntary petition;
(b) Cannot respond in damages in the event a judgment is entered against the owner or operator; or
(c) Is not subject to the personal jurisdiction of any court of this or any other state, or of the United States, or cannot, with due diligence, be served with process.
4. If a claim is asserted directly against a person providing evidence of financial responsibility, that person may assert any right or defense which:
(a) The person might have asserted in any action against him or her by the owner or operator; or
κ2025 Statutes of Nevada, Page 1341 (CHAPTER 220, AB 40)κ
(b) The owner or operator might have asserted, had the claim been made against him or her.
Sec. 49. NRS 459.537 is hereby amended to read as follows:
459.537 1. If the person responsible for a leak or spill of or an accident or motor vehicle crash involving hazardous waste, hazardous material or a regulated substance does not act promptly and appropriately to clean and decontaminate the affected area properly, and if his or her inaction presents an imminent and substantial hazard to human health, public safety or the environment, money from the Account for the Management of Hazardous Waste may be expended to pay the costs of:
(a) Responding to the leak, spill, accident or crash;
(b) Coordinating the efforts of state, local and federal agencies responding to the leak, spill, accident or crash;
(c) Managing the cleaning and decontamination of an area for the [disposal] management of hazardous waste or the site of the leak, spill, accident or crash;
(d) Removing or contracting for the removal of hazardous waste, hazardous material or a regulated substance which presents an imminent danger to human health, public safety or the environment; or
(e) Services rendered in responding to the leak, spill, accident or crash, by consultants certified pursuant to regulations adopted by the Commission.
2. Except as otherwise provided in this subsection or NRS 459.610 to 459.658, inclusive, the Director shall demand reimbursement of the Account for money expended pursuant to subsection 1 from any person who is responsible for the accident, crash, leak or spill, or who owns or controls the hazardous waste, hazardous material or a regulated substance, or the area used for the [disposal] management of the waste, material or substance. Payment of the reimbursement is due within 60 days after the person receives notice from the Director of the amount due. The provisions of this section do not apply to a spill or leak of or an accident or motor vehicle crash involving natural gas or liquefied petroleum gas while it is under the responsibility of a public utility.
3. At the request of the Director, the Attorney General shall initiate recovery by legal action of the amount of any unpaid reimbursement plus interest at a rate determined pursuant to NRS 17.130 computed from the date of the incident.
4. As used in this section:
(a) Does not act promptly and appropriately means that the person:
(1) Cannot be notified of the incident within 2 hours after the initial attempt to contact the person;
(2) Does not, within 2 hours after receiving notification of the incident, make an oral or written commitment to clean and decontaminate the affected area properly;
(3) Does not act upon the commitment within 24 hours after making it;
(4) Does not clean and decontaminate the affected area properly; or
(5) Does not act immediately to clean and decontaminate the affected area properly, if his or her inaction presents an imminent and substantial hazard to human health, public safety or the environment.
κ2025 Statutes of Nevada, Page 1342 (CHAPTER 220, AB 40)κ
(b) Responding means any efforts to mitigate, attempt to mitigate or assist in the mitigation of the effects of a leak or spill of or an accident or motor vehicle crash involving hazardous waste, hazardous material or a regulated substance, including, without limitation, efforts to:
(1) Contain and dispose of the hazardous waste, hazardous material or regulated substance.
(2) Clean and decontaminate the area affected by the leak, spill, accident or crash.
(3) Investigate the occurrence of the leak, spill, accident or crash.
Sec. 50. NRS 459.546 is hereby amended to read as follows:
459.546 1. Except as otherwise provided in subsection 4, the owner or operator of a facility for the [treatment, storage or disposal] management of hazardous waste or a person who wishes to construct such a facility may apply to the Commission for a variance from its applicable regulations. The Commission may grant a variance only if, after a public hearing on due notice, it finds from a preponderance of the evidence that:
(a) The facility or proposed facility, under the worst adverse conditions, does not or will not endanger or tend to endanger the environment and human health or safety; and
(b) Compliance with the regulations would produce serious hardship without equal or greater benefits to the environment or public.
2. The Commission shall not grant a variance unless it has considered in the following order of priority the interests of:
(a) The public;
(b) Other owners of property likely to be affected by the emissions or discharge; and
(c) The applicant.
3. The Commission may:
(a) Upon granting a variance, impose certain conditions upon the applicant; or
(b) Revoke the variance if the applicant fails to comply with those conditions.
4. The Commission shall not grant a variance from its applicable regulations that would allow a facility for the disposal of hazardous waste to construct or operate a landfill in a manner that fails to comply with the requirements of subsection 7 of NRS 459.520.
Sec. 51. NRS 459.550 is hereby amended to read as follows:
459.550 1. The Commission shall adopt regulations which require licensees to keep records and submit reports on hazardous waste and which prescribe procedures for:
(a) Installing, calibrating, using and maintaining monitoring equipment or other methods for obtaining data on hazardous wastes;
(b) Taking samples and performing tests and analyses;
(c) Establishing and maintaining suitable records; and
(d) Making reports to the Department.
2. It is unlawful for any person to [generate, store, transport, treat or dispose of] manage hazardous waste without reporting each activity to the Department in accordance with regulations adopted by the Commission.
Sec. 51.5. NRS 459.558 is hereby amended to read as follows:
459.558 1. The provisions of NRS 459.560 and 459.565 that concern hazardous substances do not apply:
κ2025 Statutes of Nevada, Page 1343 (CHAPTER 220, AB 40)κ
(a) [In a county whose population is less than 55,000;
(b)] To mining or agricultural activities; or
[(c)] (b) To other facilities or locations where the quantity of any one hazardous substance at any one facility or location does not exceed 1,000 kilograms at any time.
2. All other provisions of NRS 459.560 and 459.565, including the provisions concerning hazardous waste, apply to [all counties and] all industries without regard to volume.
Sec. 52. NRS 459.560 is hereby amended to read as follows:
459.560 Any authorized representative or employee of the Commission or the Department may, for the purpose of carrying out his or her duties pursuant to NRS 459.400 to 459.600, inclusive, and sections 34 and 35 of this act, or to enforce a regulation adopted pursuant to those sections:
1. Enter any place where waste or a substance which the Department has reason to believe may be hazardous waste or a hazardous substance is or may have been [generated, stored, transported, treated, disposed of] managed or otherwise handled;
2. Inspect and obtain samples of any waste or substance which the Department has reason to believe may be hazardous waste or a hazardous substance, including samples from any vehicle in which waste or substance is being transported, and samples of containers and labels; and
3. Inspect and copy any records, reports, information or test results relating to the management of hazardous wastes or hazardous substances.
Sec. 53. NRS 459.565 is hereby amended to read as follows:
459.565 1. If the Department receives information that the [handling, storage, transportation, treatment or disposal] management of any waste or hazardous substance may present an imminent and substantial hazard to human health, public safety or the environment, it may:
(a) Issue an order directing the owner or operator of the facility for [treatment, storage or disposal] the management of the waste or the owner or operator of any site where the [treatment, storage or disposal] management of a hazardous substance has occurred or may occur or any other person who has custody of the waste or hazardous substance to take necessary steps to prevent the act or eliminate the practice which constitutes the hazard.
(b) Order a site assessment to be conducted and a remediation plan to be developed pursuant to regulations adopted by the Commission.
(c) Assess costs and expenses incurred by the Department in carrying out the provisions of this section or in removing, correcting or terminating any hazard to human health, public safety or the environment pursuant to regulations adopted by the Commission.
(d) Request that the Attorney General commence an action to enjoin the practices or acts which constitute the hazard.
(e) Take any other action designed to reduce or eliminate the hazard.
2. The Department may perform inspections pursuant to NRS 459.560 and issue an order directing the owner or operator of the facility for [treatment, storage or disposal] the management of waste or the owner or operator of any site where the [treatment, storage or disposal] management of a hazardous substance has occurred or may occur or any other person who has custody of the waste or hazardous substance to take any necessary steps to prevent any act or eliminate any practice or effect which could constitute a hazard to human health, public safety or the environment.
κ2025 Statutes of Nevada, Page 1344 (CHAPTER 220, AB 40)κ
Sec. 54. NRS 459.585 is hereby amended to read as follows:
459.585 1. Any person who violates or contributes to a violation of any provision of NRS 459.400 to 459.560, inclusive, and section 34 of this act, NRS 459.590 or of any regulation adopted or permit or order issued pursuant to those sections, or who does not take action to correct a violation within the time specified in an order, is liable to the Department for a civil penalty of not more than $25,000 for each day on which the violation occurs. This penalty is in addition to any other penalty provided by NRS 459.400 to 459.600, inclusive [.] and sections 34 and 35 of this act.
2. The Department may recover, in the name of the State of Nevada, actual damages which result from a violation, in addition to the civil penalty provided in this section. The damages may include expenses incurred by the Department in removing, correcting or terminating any adverse effects which resulted from the violation and compensation for any fish, aquatic life or other wildlife destroyed as a result of the violation.
3. In addition to any other remedy provided by this chapter, the Department may compel compliance with any provision of NRS 459.400 to 459.560, inclusive, and section 34 of this act, NRS 459.590 or of any regulation adopted or permit or order issued pursuant to those sections, by injunction or other appropriate remedy. The Department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
Sec. 54.5. NRS 459.590 is hereby amended to read as follows:
459.590 It is unlawful for any person to transport hazardous waste:
1. Without a manifest that complies with regulations adopted by the Commission;
2. That does not conform to the description of the waste specified in the manifest;
3. In a manner that does not conform to the manner of shipment described in the manifest; or
4. To a facility that has not been [issued a permit to treat, store or dispose of] authorized by the Commission to accept the hazardous waste described in the manifest [.] in accordance with the regulations adopted pursuant to NRS 459.485 and 459.490.
Sec. 55. (Deleted by amendment.)
Sec. 56. This act becomes effective upon passage and approval.
________
κ2025 Statutes of Nevada, Page 1345κ
Assembly Bill No. 43Committee on Government Affairs
CHAPTER 221
[Approved: June 3, 2025]
AN ACT relating to public works; creating a program to gather data on the use of job order contracts for certain public works; authorizing certain public bodies to enter into job order contracts for minor construction performed on an existing public work; prescribing the procedure for awarding a job order contract; making certain documents and other information submitted by a person seeking a job order contract confidential until a contract is awarded; prescribing responsibilities of a contractor who enters into a job order contract; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prescribes general procedures for awarding a contract for a public work. (Chapter 338 of NRS) Existing law also authorizes a local government to comply with alternative procedures for awarding a contract for a public work. (NRS 338.1373) Senate Bill No. 67 of the 2021 Legislative Session established a pilot program to gather data on the use of job order contracts for certain public works in Clark County, the City of Henderson, the City of Las Vegas, the City of North Las Vegas and the Clark County Water Reclamation District and authorized those public bodies, as part of the pilot program, to enter into job order contracts for the maintenance, repair, alteration, demolition, renovation, remediation or minor construction of a public work. (Chapter 523, Statutes of Nevada 2021, at page 3509) The pilot program expires on June 30, 2025. (Section 15 of chapter 523, Statutes of Nevada 2021, at page 3514) Sections 2-16 of this bill: (1) establish a similar, permanent program; (2) authorize certain public bodies to award job order contracts for certain public works; and (3) set forth various requirements and restrictions concerning the use of job order contracts by those public bodies. Section 2 provides that the provisions of sections 2-16 apply only to a public body that is: (1) a county whose population is 700,000 or more (currently only Clark County); (2) a city whose population is 150,000 or more located in such a county (currently the Cities of Henderson, Las Vegas and North Las Vegas); or (3) a general improvement district located in such a county which is granted certain powers relating to sanitary sewer systems. (NRS 318.140)
Section 3 establishes a program to gather data on the use of job order contracts for certain public works and directs each public body to gather and report data on the use of job order contracts. Sections 5-8 define certain terms for the purposes of this bill. Section 9 authorizes a public body to award job order contracts for minor construction performed on an existing public work. Section 17 of this bill revises the list of procedures by which a local government may award a contract for a public work to include the use of job order contracts if the local government is a public body to which the provisions of sections 2-16 apply pursuant to section 2.
Section 9 requires a job order contract to be for a fixed period and provide for indefinite types and quantities of work and delivery times. Section 9 provides that a job order contract: (1) must not be for work exclusive to one trade for which a license as a specialty contractor is required; and (2) must require a contractor to prepare and submit a proposal for each job order. Section 9 requires such a proposal to include the proposed price for the job order, each construction task required to perform the job order, the unit price for each such task and the adjustment factor applicable to the performance of the task. Section 9 also requires a public body, after holding a public hearing on the matter, to adopt a written policy for the assignment of job orders and limits the total dollar amount of job order contracts that may be awarded annually by each public body.
κ2025 Statutes of Nevada, Page 1346 (CHAPTER 221, AB 43)κ
Section 9.5 of this bill sets forth certain requirements for a job order contract with respect to workers who perform work under contract, including the requirement that at least 25 percent of such workers be enrolled in or graduates of an apprenticeship program. Section 14.5 authorizes a public body to waive that requirement under certain circumstances.
Section 10 prescribes the qualifications a contractor who wishes to enter into a job order contract must meet. Section 11 requires a public body or its authorized representative to advertise requests for proposals or similar solicitation documents for job order contracts. Section 11 also prescribes: (1) the contents of such advertisements or similar solicitation documents; and (2) requirements for proposals. Sections 12 and 18 of this bill make any document or other information submitted to a public body in response to a request for proposals or similar solicitation document for a job order contract confidential and prohibit disclosure of any such document or information until notice of intent to award the contract is issued.
Section 13 prescribes the method for selecting a contractor for a job order contract. Specifically, section 13 requires a public body or its authorized representative to appoint a panel to rank the proposals submitted in response to the request for proposals and award a job order contract to one or more applicants.
Section 14 prescribes certain responsibilities of a contractor who enters into a job order contract relating to contracting for the services of a subcontractor, supplier or professional. Section 14 also prohibits a contractor who enters into a job order contract from performing more than 50 percent of the estimated cost of a work order himself or herself, or using his or her own employees.
Section 9 requires a job order contract to provide for the use of job orders, which are defined in section 7 as an order issued for a definite scope of work to be performed for a fixed price pursuant to a job order contract. Section 15 requires a contractor to submit a list of each subcontractor whom the contractor intends to engage before a public body issues a job order. Section 16 requires a public body to submit a quarterly report that contains certain information relating to job order contracts to the governing body of the public body. Section 16 also requires a governing body to annually submit to the Director of the Legislative Counsel Bureau a written report including the information reported to the governing body during the immediately preceding calendar year.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 338 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 16, inclusive, of this act.
Sec. 2. The provisions of sections 2 to 16, inclusive, of this act apply only to a public body that is:
1. A county whose population is 700,000 or more;
2. A city whose population is 150,000 or more located in a county whose population is 700,000 or more; or
3. A general improvement district established pursuant to chapter 318 of NRS in a county whose population is 700,000 or more which is granted the powers set forth in NRS 318.140.
Sec. 3. 1. The Legislature hereby finds and declares that:
(a) It is in the best interest of the State to ensure that contracting and bidding procedures for public works in this State are efficient and cost-effective.
(b) The procedures for awarding a contract for a public work authorized by existing law may create barriers to the efficient and cost-effective awarding of contracts for minor construction performed on an existing public work.
κ2025 Statutes of Nevada, Page 1347 (CHAPTER 221, AB 43)κ
(c) Reducing any such barriers will benefit the public and promote the timely completion of certain public works projects that are critical for the health and safety of members of the public who use public buildings and facilities.
(d) The voluminous and unpredictable amount of work for which certain public bodies in large counties in this State must award contracts presents unique challenges for these bodies.
(e) The use of job order contracting eliminates certain administrative burdens associated with traditional procurement methods and enables such a public body to efficiently manage the numerous minor construction projects required for existing facilities.
(f) The provisions of sections 2 to 16, inclusive, of this act are not intended to prohibit a public body from awarding a contract for a public work pursuant to any other procedure authorized pursuant to this chapter.
2. The Legislature therefore:
(a) Establishes a program to gather data on the use of job order contracts for minor construction performed on an existing public work; and
(b) Directs each public body in the program to gather and report data on the use of job order contracts in this State in the manner prescribed by section 16 of this act.
Sec. 4. As used in sections 2 to 16, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 5 to 8, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 5. Adjustment factor means the adjustment that is multiplied by a contractor against the unit price listed in the unit price catalog for the job order contract, which must reflect any overhead cost or profit to which a selected contractor is entitled.
Sec. 6. Construction task means an item of work:
1. That is included in a job order; and
2. For which a unit price is set forth in a unit price catalog or priced using the formula or method prescribed by section 11 of this act.
Sec. 7. Job order means an order issued by a public body for a definite scope of work to be performed for a fixed price pursuant to a job order contract.
Sec. 8. Job order contract means a contract entered into pursuant to section 13 of this act.
Sec. 9. 1. Except as otherwise provided in subsection 2, a public body may award a job order contract for minor construction performed on an existing public work. A job order contract must:
(a) Be for a fixed period;
(b) Provide for indefinite times of delivery and indefinite types of quantities of work;
(c) Provide for the use of job orders;
(d) Require a contractor to prepare and submit a proposal for each job order, which must include, without limitation, a proposed price for the job order, each construction task required to perform the job order, the unit price for each such task and the adjustment factor applicable to the performance of the task; and
(e) Not be for work exclusive to one trade for which a license as a specialty contractor is required.
2. Except as otherwise provided in subsection 3, a public body may not award more than $25,000,000 annually in job order contracts.
κ2025 Statutes of Nevada, Page 1348 (CHAPTER 221, AB 43)κ
3. If the total dollar amount of all job order contracts awarded by a public body in any 1 year is less than the maximum dollar amount of job order contracts allowed to be awarded for that year pursuant to subsection 2, the difference between those amounts may be added to the total dollar amount of job order contracts that a public body may award in the immediately following year.
4. A public body shall, after holding a public hearing on the matter, adopt a written policy for the assignment of job orders, which must include, without limitation, the procedure by which a job order will be issued.
Sec. 9.5. 1. A job order contract must require:
(a) The contractor and each subcontractor to pay all workers performing work under the contract, other than apprentices, not less than the prevailing wage required pursuant to NRS 338.020 to 338.090, inclusive.
(b) All workers performing work under the contract, other than apprentices, to have:
(1) At least 3 years of relevant work experience; or
(2) Graduated from an apprentice program registered and approved by the State Apprenticeship Council pursuant to chapter 610 of NRS or approved by the United States Department of Labor.
(c) Except as otherwise provided in section 14.5 of this act, at least 25 percent of the workers performing work under the contract to be apprentices or to have graduated from an apprenticeship program registered and approved by the State Apprenticeship Council pursuant to chapter 610 of NRS.
2. Except as otherwise provided in this subsection, a job order contract must establish mechanisms in addition to those provided in this chapter by which the public body will monitor and ensure compliance with the provisions of subsection 1, which may include, without limitation, requirements relating to the maintenance and submission of records to the public body that are in addition to those set forth in subsections 5 and 6 of NRS 338.070. The provisions of this subsection do not apply if the work performed under the job order contract is subject to a project labor agreement, which includes requirements that are substantially similar to those set forth in subsection 1 and which provides for the resolution of disputes concerning compliance with those requirements through binding arbitration.
3. As used in this section:
(a) Apprentice means a person who is enrolled in an apprenticeship program that is registered and approved by the State Apprenticeship Council pursuant to chapter 610 of NRS.
(b) Project labor agreement means a prehire collective bargaining agreement described in 29 U.S.C. § 158(f) that establishes the terms and conditions of employment for a specific project or projects of construction.
Sec. 10. To qualify to enter into a job order contract with a public body, a contractor:
1. Must not have been found liable for breach of contract with respect to a previous project, other than a breach for legitimate cause, during the 5 years immediately preceding the date of the advertisement for proposals pursuant to section 11 of this act;
2. Must not have been disqualified from being awarded a contract pursuant to NRS 338.017, 338.13845, 338.13895, 338.1475 or 408.333;
3. Must be licensed as a contractor pursuant to chapter 624 of NRS;
4. Must demonstrate that he or she:
κ2025 Statutes of Nevada, Page 1349 (CHAPTER 221, AB 43)κ
(a) Has the financial ability to provide any necessary labor, materials and equipment;
(b) Has the ability to obtain the necessary bonding;
(c) Has access to a qualified workforce to perform the necessary work;
(d) Is eligible to hire apprentices who are enrolled in an apprenticeship program that is registered and approved by the State Apprenticeship Council pursuant to chapter 610 of NRS; and
(e) Operates a program for the safety of workers that includes, without limitation, drug testing; and
5. Must agree to the requirements set forth in section 9.5 of this act.
Sec. 11. 1. A public body or its authorized representative shall advertise for a job order contract in the manner set forth in paragraph (a) of subsection 1 of NRS 338.1385.
2. Each request for proposals or similar solicitation document for a job order contract must include, without limitation:
(a) A detailed description of the work that the public body expects a contractor to perform, which must include, without limitation:
(1) Construction tasks and any technical specifications for the work;
(2) A unit price catalog for units of work; and
(3) A description of the formula or method for pricing a unit of work that is not included in the unit price catalog;
(b) A statement explaining why the public body elected to use a job order contract for the public work;
(c) A statement requiring that a proposal list an adjustment factor;
(d) A description of the qualifications which are required for a contractor, including, without limitation, any certification required;
(e) A description of the bonding requirements for a contractor;
(f) The minimum amount of work committed to the selected contractor under the job order contract;
(g) The proposed form of the job order contract;
(h) A copy of the policy for the assignment of job orders for the job order contract adopted pursuant to section 9 of this act;
(i) A description of the method for pricing a renewal or extension of the job order contract;
(j) The date by which proposals must be submitted to the public body;
(k) A list of the factors and relative weight of the factors that will be used pursuant to section 13 of this act to rank proposals submitted by applicants; and
(l) A description of the requirements set forth in subsections 4 and 5 of section 10 of this act.
3. A proposal submitted to a public body pursuant to this section must include, without limitation:
(a) The professional qualifications and experience of the applicant;
(b) An adjustment factor;
(c) Evidence of the ability of the applicant to obtain the necessary bonding for the work required by the public body;
(d) Evidence that the applicant has obtained or has the ability to obtain such insurances as may be required by law;
(e) A statement of whether the applicant has been:
(1) Found liable for breach of contract with respect to a previous project, other than a breach for legitimate cause, during the 5 years immediately preceding the date of the advertisement; or
κ2025 Statutes of Nevada, Page 1350 (CHAPTER 221, AB 43)κ
(2) Disqualified from being awarded a contract pursuant to NRS 338.017, 338.13845, 338.13895, 338.1475 or 408.333; and
(f) Evidence that the applicant is licensed as a contractor pursuant to chapter 624 of NRS.
4. The public body or its authorized representative shall make available to the public the name of each applicant who submits a proposal pursuant to this section.
Sec. 12. Except as otherwise provided in subsection 4 of section 11 of this act, any document or other information submitted by an applicant to a public body in response to a request for proposals or similar solicitation document pursuant to section 11 of this act, including, without limitation, a proposal made pursuant to section 11 of this act, is confidential and may not be disclosed until notice of intent to award the contract is issued.
Sec. 13. 1. The public body or its authorized representative shall appoint a panel to rank the proposals submitted by applicants to the public body pursuant to section 11 of this act. At least one member appointed to a panel pursuant to this subsection must have experience in the construction industry.
2. The panel appointed pursuant to subsection 1 shall rank the proposals by:
(a) Verifying that each applicant satisfies the requirements of section 10 of this act; and
(b) Evaluating and assigning a score to each of the proposals based on the factors and relative weight assigned to each factor that the public body specified in the request for proposals.
3. When ranking the proposals, the panel appointed pursuant to subsection 1 shall assign a relative weight of 5 percent to the applicants possession of a certificate of eligibility to receive a preference in bidding on public works if the applicant submits a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this subsection, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that work.
4. Upon receipt of the rankings of the applicants from the panel, the public body or its authorized representative shall award a job order contract to one or more of the applicants.
Sec. 14. 1. A contractor who enters into a job order contract pursuant to section 13 of this act is responsible for:
(a) Contracting for the services of any necessary subcontractor, supplier or professional necessary to complete a job order;
(b) Ensuring a subcontractor complies with the requirements prescribed in subsections 5 and 6 of NRS 338.070; and
(c) The performance of and payment to any subcontractor, supplier or professional.
2. A contractor who enters into a job order contract pursuant to section 13 of this act may not perform more than 50 percent of the estimated cost of the job order himself or herself, or using his or her own employees.
3. Except as otherwise provided in subsection 5 of NRS 624.220, a contractor who enters into a job order contract shall not perform specialty contracting in plumbing, electrical, refrigeration, air-conditioning or fire protection without a license for the specialty.
κ2025 Statutes of Nevada, Page 1351 (CHAPTER 221, AB 43)κ
specialty contracting in plumbing, electrical, refrigeration, air-conditioning or fire protection without a license for the specialty.
Sec. 14.5. Upon application by a contractor who enters into a job order contract with a public body, the public body may waive the requirement set forth in paragraph (c) of subsection 1 of section 9.5 of this act if the contractor demonstrates to the satisfaction of the public body that the contractor has made efforts to satisfy the requirement but is unable to obtain the workers necessary to satisfy that requirement.
Sec. 15. 1. Before a public body issues a job order, a contractor must submit a list of each subcontractor whom the contractor intends to engage for work on the job order.
2. A contractor shall not:
(a) Perform any work required by a job order unless the requirements of subsection 1 are met.
(b) Substitute a subcontractor for any subcontractor who is named in the list provided pursuant to subsection 1 unless the requirements prescribed by subsection 5 of NRS 338.141 are met.
Sec. 16. 1. Each quarter, a public body shall provide to the governing body of the public body a written report containing, for each job order contract, if any:
(a) A list of each job order issued;
(b) The cost of each job order issued;
(c) A list of each subcontractor hired to perform work for each job order;
(d) A statement regarding whether the contractor is a minority-owned business, a woman-owned business, a veteran-owned business, a business enterprise owned by persons with physical disabilities, a business enterprise owned by persons who are disabled veterans or a local emerging small business;
(e) A list of each job order that the public body expects to issue in the following quarter; and
(f) Any other information requested by the governing body.
2. A governing body shall prepare and submit a written report that includes any information provided to the governing body pursuant to subsection 1 for the immediately preceding calendar year to the Director of the Legislative Counsel Bureau for transmittal to:
(a) The Legislature at the beginning of each regular session; and
(b) The Legislative Commission on or before February 1 of each even-numbered year.
3. For the purposes of this section, a business shall be deemed to be owned by a person who possesses characteristics described in paragraph (d) of subsection 1 if:
(a) The business is owned by a natural person who possesses those characteristics; or
(b) Fifty-one percent of the ownership interest in the business is held by one or more natural persons who possess those characteristics.
4. As used in this section, local emerging small business has the meaning ascribed to it in NRS 231.1402.
Sec. 17. NRS 338.1373 is hereby amended to read as follows:
338.1373 1. A local government or its authorized representative shall award a contract for a public work pursuant to the provisions of NRS 338.1415 and:
(a) NRS 338.1377 to 338.139, inclusive;
(b) NRS 338.143 to 338.148, inclusive;
κ2025 Statutes of Nevada, Page 1352 (CHAPTER 221, AB 43)κ
(c) NRS 338.1685 to 338.16995, inclusive; [or]
(d) NRS 338.1711 to 338.173, inclusive [.] ; or
(e) If applicable, sections 2 to 16, inclusive, of this act.
2. A public body shall not use a reverse auction when awarding a contract for a public work.
3. Except as otherwise provided in this subsection, subsection 4 and chapter 408 of NRS, the provisions of this chapter apply with respect to contracts for the construction, reconstruction, improvement and maintenance of highways that are awarded by the Department of Transportation pursuant to NRS 408.201 and 408.313 to 408.433, inclusive. The provisions of NRS 338.1375 to 338.1382, inclusive, 338.1386, 338.13862, 338.13864, 338.139, 338.142 and 338.1711 to 338.1727, inclusive, do not apply with respect to contracts for the construction, reconstruction, improvement and maintenance of highways that are awarded by the Department of Transportation pursuant to NRS 408.201 and 408.313 to 408.433, inclusive.
4. To the extent that a provision of this chapter precludes the granting of federal assistance or reduces the amount of such assistance with respect to a contract for the construction, reconstruction, improvement or maintenance of highways that is awarded by the Department of Transportation pursuant to NRS 408.201 and 408.313 to 408.433, inclusive, that provision of this chapter does not apply to the Department of Transportation or the contract.
5. As used in this section:
(a) Online bidding means a process by which bidders submit bids for a contract on a secure website on the Internet or its successor, if any, which is established and maintained for that purpose.
(b) Reverse auction means a process by which a bidder may submit more than one bid if each subsequent response to online bidding is at a lower price.
Sec. 18. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.
κ2025 Statutes of Nevada, Page 1353 (CHAPTER 221, AB 43)κ
284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 12 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.
κ2025 Statutes of Nevada, Page 1354 (CHAPTER 221, AB 43)κ
703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 12 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
4. If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium. Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
(b) Providing the public record in an electronic format or by means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 19. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 20. This act becomes effective on July 1, 2025.
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