2025 Statutes of Nevada, Pages 2665-2774

[Rev. 8/22/2025 11:16:23 AM]

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ê2025 Statutes of Nevada, Page 2665ê

CHAPTER 418, AB 326

Assembly Bill No. 326–Assemblymembers Koenig; Cole and Torres-Fossett

CHAPTER 418

[Approved: June 9, 2025]

AN ACT relating to health care; prohibiting a center for the treatment of trauma from representing it provides a specific level of care unless the center provides that level of care; authorizing the State Board of Health to adopt regulations establishing specific designations for the level of care provided by a center for the treatment of trauma; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires that before operating a center for the treatment of trauma, a hospital must obtain the approval of the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services and, if the hospital is located in a county whose population is 700,000 or more (currently only Clark County), the district board of health. (NRS 450B.236, 450B.237) Existing law also requires the Administrator to verify that a hospital meets certain standards and complete a comprehensive assessment of needs before approving a proposal to designate a hospital as a center for the treatment of trauma. (NRS 450B.237) Existing law requires the State Board of Health to adopt regulations establishing the standards for the designation of hospitals as centers for the treatment of trauma. (NRS 450B.237) Existing regulations authorize the Administrator to designate a center for the treatment of trauma as level I, II or III. (NAC 450B.780-450B.875) Section 5 of this bill provides explicit statutory authorization for the State Board of Health to adopt regulations establishing specific levels of trauma care that a hospital may be designated to provide, including regulations that allow the designation of a critical access hospital that meets certain requirements as a level IV center for the treatment of trauma. Section 4 of this bill prohibits the operator of a center for the treatment of trauma from representing that the center for the treatment of trauma provides a specific level of treatment unless the center has been designated by the Administrator to provide that level of treatment.

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 1-3 and 3.5. (Deleted by amendment.)

Sec. 4. NRS 450B.236 is hereby amended to read as follows:

450B.236 A person shall not [operate] :

1. Operate a center for the treatment of trauma without first applying for and obtaining the written approval of the Administrator of the Division.

2. Represent that a center for the treatment of trauma operated by the person provides a specific level of treatment unless the center for the treatment of trauma has been designated by the Administrator of the Division pursuant to the regulations adopted pursuant to subsection 3 of NRS 450B.237 to provide that level of treatment.

Sec. 5. NRS 450B.237 is hereby amended to read as follows:

450B.237 1. The board shall establish a program for treating persons who require treatment for trauma and for transporting and admitting such persons to centers for the treatment of trauma. The program must provide for the development, operation and maintenance of a system of communication to be used in transporting such persons to the appropriate centers.

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ê2025 Statutes of Nevada, Page 2666 (CHAPTER 418, AB 326)ê

the development, operation and maintenance of a system of communication to be used in transporting such persons to the appropriate centers.

2. The State Board of Health shall adopt regulations which establish the standards for the designation of hospitals as centers for the treatment of trauma. The State Board of Health shall consider the standards adopted by the American College of Surgeons for a center for the treatment of trauma as a guide for such regulations.

3. The regulations adopted pursuant to subsection 2 may establish specific designations signifying the level of treatment provided by centers for the treatment of trauma, which may include, without limitation, levels I, II, III and IV. If regulations are adopted for the designation of centers for the treatment of trauma as level IV, the regulations must limit the designation of level IV to critical access hospitals located more than 80 miles outside the boundaries of a county with two or more existing centers for the treatment of trauma.

4. The Administrator of the Division shall not approve a proposal to designate a hospital as a center for the treatment of trauma unless:

(a) The hospital meets the standards established pursuant to [this] subsection [;] 2; and

(b) The Administrator determines, after conducting a comprehensive assessment of needs, that the proposed center for the treatment of trauma will operate in an area that is experiencing a shortage of trauma care. Such an assessment of needs must include, without limitation, consideration of:

(1) The impact of the proposed center for the treatment of trauma on the capacity of existing hospitals to provide for the treatment of trauma;

(2) The number and locations of cases of trauma that have occurred during the previous 5 calendar years in the county in which the proposed center for the treatment of trauma will be located and the level of treatment that was required for those cases;

(3) Any identified need for an additional center for the treatment of trauma in the county in which the proposed center for the treatment of trauma will be located; and

(4) Any additional criteria recommended by the American College of Surgeons or its successor organization, other than criteria related to community support for the proposed trauma center.

[3.] 5. Each district board of health in a county whose population is 700,000 or more shall adopt:

(a) Regulations which establish the standards for the designation of hospitals in the county as centers for the treatment of trauma which are consistent with the regulations adopted by the State Board of Health pursuant to subsection 2; and

(b) A plan for a comprehensive trauma system concerning the treatment of trauma in the county, which includes, without limitation, consideration of the future trauma needs of the county, consideration of and plans for the development and designation of new centers for the treatment of trauma in the county based on the demographics of the county and the manner in which the county may most effectively provide trauma services to persons in the county.

[4.] 6. A district board of health in a county whose population is 700,000 or more shall not approve a proposal to designate a hospital as a center for the treatment of trauma unless:

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ê2025 Statutes of Nevada, Page 2667 (CHAPTER 418, AB 326)ê

(a) The hospital meets the standards established pursuant to subsection [3;] 5;

(b) The proposal has been approved by the Administrator of the Division pursuant to subsection [2;] 4; and

(c) The district board of health concludes, based on the plan adopted pursuant to paragraph (b) of subsection [3,] 5, that the proposed center for the treatment of trauma will not negatively impact the capacity of existing centers for the treatment of trauma in the county.

[5.] 7. Upon approval by the Administrator of the Division and, if the hospital is located in a county whose population is 700,000 or more, the district board of health of the county in which the hospital is located, of a proposal to designate a hospital as a center for the treatment of trauma, the Administrator of the Division shall issue written approval which designates the hospital as such a center. As a condition of continuing designation of the hospital as a center for the treatment of trauma, the hospital must comply with the following requirements:

(a) The hospital must admit any injured person who requires medical care.

(b) Any physician who provides treatment for trauma must be qualified to provide that treatment.

(c) The hospital must maintain the standards specified in the regulations adopted pursuant to subsections 2 , [and] 3 [.] and 5.

8. As used in this section, “critical access hospital” means a hospital which has been certified as a critical access hospital by the Secretary of Health and Human Services pursuant to 42 U.S.C. § 1395i-4e.

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. 1. This section and sections 3, 3.5 and 6 of this act become effective upon passage and approval.

2. Sections 1, 2, 4 and 5 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.

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ê2025 Statutes of Nevada, Page 2668ê

CHAPTER 419, AB 335

Assembly Bill No. 335–Assemblymembers Torres-Fossett, Watts, D’Silva; Dalia, Koenig and Moore

Joint Sponsors: Senators Buck, Doñate, Nguyen; and Taylor

CHAPTER 419

[Approved: June 9, 2025]

AN ACT relating to education; revising requirements for a plan to improve the achievement of pupils enrolled in a public school; requiring the superintendent of each school district to appoint an administrator to serve in a role supporting pupils who are English learners; requiring the board of trustees of a school district to ensure that each licensed teacher receives training concerning English language acquisition; requiring the Department of Education to provide certain guidance to the board of trustees of a school district; revising provisions governing certain data collected and maintained in the statewide system of accountability for public schools; prohibiting certain pupil achievement data from negatively impacting the performance rating of certain schools, school districts and employees; requiring the Department to establish an English Learner Advisory Council during the 2025-2026 interim to study policies to support English language acquisition, development and literacy; prescribing the membership and duties of the Advisory Council; repealing provisions relating to certain corrective action plans; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Section 4 of this bill requires the superintendent of each school district to designate an administrator to serve in a role supporting pupils who are English learners for the school district. Section 4 also prescribes the qualifications and duties of any such person.

Existing law requires the principal of each school, in consultation with the employees of the school, to prepare a plan to improve the achievement of pupils enrolled in the school. (NRS 385A.650) Section 2 of this bill requires the principal of a school to consult with the administrator designated pursuant to section 4 in preparing or revising the plan. Section 2 requires such a plan to include methods for closing gaps in achievement, if any, between different demographics of pupils enrolled in the school. If at least 10 percent of the pupils enrolled in the school are English learners, section 2 requires such a plan to: (1) make closing gaps in achievement, if any, between pupils who are English learners and pupils who are proficient in English the primary goal of the plan; and (2) include certain quantitative goals and specific actions for improvement in the achievement of pupils who are English learners. Section 1 of this bill makes a conforming change to reflect the renumbering of subsections by section 2.

Section 5 of this bill requires the board of trustees of each school district to ensure that each licensed teacher employed by the school district receives training concerning English language acquisition. Section 5 also requires the Department of Education to develop and provide guidance to each school district concerning the training required by section 5. Section 12 of this bill requires a teacher employed by a school district to submit proof of completion of the training required by section 5 on or before October 1, 2030, as a condition of continued employment after that date.

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ê2025 Statutes of Nevada, Page 2669 (CHAPTER 419, AB 335)ê

Section 6 of this bill requires data collected and maintained in the statewide system of accountability for public schools concerning pupils who are English learners to be disaggregated into certain subcategories, as designated by regulation of the State Board of Education. Section 6 also provides that, notwithstanding any other provision of law, any pupil achievement data concerning a pupil who is a newcomer to the English language, as designated by regulation of the State Board, must not negatively impact the performance rating of: (1) the school in which the pupil is enrolled; (2) the school district in which the school is located; or (3) any employee of the school in which the pupil is enrolled or school district in which the school is located.

Existing law requires the board of trustees of each school district to: (1) develop a policy to teach English to pupils who are English learners; and (2) adopt a plan to ensure that the policy achieves certain objectives. (NRS 388.407) Section 10 of this bill requires the policy to provide that a pupil who is a newcomer to the English language, as designated by regulation of the State Board, may remain in high school for not more than 10 semesters after the date on which the pupil was otherwise scheduled to graduate or until the pupil is 21 years of age, whichever is earlier. Section 10 also requires the Department to consult with the administrator designated pursuant to section 4 in monitoring the implementation of the policy and plan.

Section 11 of this bill requires the Department to establish an English Learner Advisory Council in the 2025-2026 interim to study policies to support English language acquisition, development and literacy. Section 11 also: (1) prescribes the membership and duties of the Advisory Council; (2) requires the Department to submit a written report describing the activities, findings, conclusions and recommendations of the Advisory Council for transmittal to the 84th Session of the Legislature; and (3) authorizes the Advisory Council to request the drafting of not more than 1 legislative measure for prefiling on or before the first day of the regular session of the Legislature in 2027.

Section 14 of this bill repeals an existing law which requires the principals of certain schools that demonstrate low achievement for pupils who are English learners to establish a corrective action plan. (NRS 388.408) Sections 7-9 of this bill make conforming changes by removing references to the statute repealed by section 14.

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 385.113 is hereby amended to read as follows:

385.113 The State Board shall:

1. In developing the plan to improve the achievement of pupils enrolled in public schools pursuant to NRS 385.111, establish clearly defined goals and benchmarks for improving the achievement of pupils, including, without limitation, goals for:

(a) Improving proficiency results in core academic subjects;

(b) Increasing the number of pupils enrolled in public middle schools and junior high schools, including, without limitation, charter schools, who enter public high schools with the skills necessary to succeed in high school;

(c) Improving the percentage of pupils who enroll in grade 9 and who graduate from a public high school, including, without limitation, a charter school, with a standard or higher diploma upon completion;

(d) Improving the performance of pupils on standardized college entrance examinations;

(e) Increasing the percentage of pupils enrolled in high schools who enter postsecondary educational institutions or who are career and workforce ready; and

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ê2025 Statutes of Nevada, Page 2670 (CHAPTER 419, AB 335)ê

(f) Reengaging disengaged youth who have dropped out of high school or who are at risk of dropping out of high school, including, without limitation, a mechanism for tracking and maintaining communication with those youth who have dropped out of school or who are at risk of doing so;

2. Review the plan annually to evaluate the effectiveness of the plan;

3. Examine the timeline for implementing the plan and each provision of the plan to determine whether the annual goals and benchmarks have been attained;

4. Based upon the evaluation of the plan, make revisions, as necessary, to ensure that:

(a) The goals and benchmarks set forth in the plan are being attained in a timely manner; and

(b) The plan is designed to improve the academic achievement of pupils enrolled in public schools in this State; and

5. Review the plans submitted pursuant to subsection [4] 5 of NRS 385A.650 to:

(a) Determine common problems identified by the principal of each school; and

(b) Make recommendations to the Department concerning how the Department can best support the needs of schools.

Sec. 2. NRS 385A.650 is hereby amended to read as follows:

385A.650 1. The principal of each school, including, without limitation, each charter school, shall, in consultation with the employees of the school [,] and the administrator designated pursuant to section 4 of this act, prepare a plan to improve the achievement of the pupils enrolled in the school.

2. The plan developed pursuant to subsection 1 must:

(a) Include any information prescribed by regulation of the State Board;

(b) Be developed in accordance with the provisions of NRS 388.885;

(1) Evaluating and improving the school climate in the school; and

(2) Closing gaps in achievement, if any, between different demographic groups of pupils enrolled in the school, including, without limitation:

(I) Pupils who are English learners and pupils who are proficient in English;

(II) Pupils in foster care and pupils who are not in foster care; and

(III) Pupils who are economically disadvantaged and pupils who are not economically disadvantaged; and

(d) Comply with the provisions of 20 U.S.C. § 6311(d).

3. If at least 10 percent of the pupils enrolled in a school are English learners:

(a) The primary goal of the plan developed pursuant to subsection 1 must be closing gaps in achievement, if any, between pupils who are English learners and pupils who are proficient in English; and

(b) The plan developed pursuant to subsection 1 must, in addition to the requirements prescribed by subsection 2, include:

(1) Attainable quantitative goals for improvement in the achievement of pupils who are newcomers to the English language, pupils who are short-term English learners and pupils who are long-term English learners, as designated by regulation of the State Board, and timelines for meeting those goals; and

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ê2025 Statutes of Nevada, Page 2671 (CHAPTER 419, AB 335)ê

(2) Specific actions to improve the achievement of pupils who are English learners and plans to monitor those actions.

4. The principal of each school shall, in consultation with the employees of the school [:] and the administrator designated pursuant to section 4 of this act:

(a) Review the plan prepared pursuant to this section annually to evaluate the effectiveness of the plan; and

(b) Based upon the evaluation of the plan, make revisions, as necessary, to ensure that the plan is designed to improve the academic achievement of pupils enrolled in the school.

[4.] 5. On or before the date prescribed by the Department, the principal of each school shall submit the plan or the revised plan, as applicable, to the:

(a) Department;

(b) Committee;

(d) Board of trustees of the school district in which the school is located or, if the school is a charter school, the sponsor of the charter school and the governing body of the charter school.

[5.] 6. As used in this section, “school climate” means the basis of which to measure the relationships between pupils and the parents or legal guardians of pupils and educational personnel, the cultural and linguistic competence of instructional materials and educational personnel, the emotional and physical safety of pupils and educational personnel and the social, emotional and academic development of pupils and educational personnel.

Sec. 3. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 4, 5 and 6 of this act.

Sec. 4. 1. The superintendent of each school district shall designate an administrator to serve in a role supporting pupils who are English learners for the school district. The administrator must have:

(a) Experience working with pupils who are English learners; and

(b) Demonstrated success as an effective school leader.

2. In addition to the duties set forth in NRS 385A.650 and 388.407, the administrator designated pursuant to subsection 1 shall:

(a) Oversee any assessment or reassessment of pupils who are English learners provided for pursuant to paragraphs (a) and (b) of subsection 2 of NRS 388.407; and

(b) Upon the request of the board of trustees or the superintendent of schools of the school district, provide training designed to address the needs of pupils who are English learners to administrators, teachers and other educational staff, including, without limitation, the training each licensed teacher is required to receive pursuant to section 5 of this act.

Sec. 5. 1. The board of trustees of each school district shall ensure that each licensed teacher employed by the school district receives training concerning English language acquisition.

2. The Department shall develop and provide guidance to each school district in this State concerning the training required by subsection 1.

Sec. 6. 1. In addition to any other requirements prescribed by law, data collected and maintained in the statewide system of accountability for public schools concerning pupils who are English learners must be disaggregated into the following subcategories, as designated by regulation of the State Board:

(a) Pupils who are newcomers to the English language;

(b) Pupils who are short-term English learners; and

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ê2025 Statutes of Nevada, Page 2672 (CHAPTER 419, AB 335)ê

2. Notwithstanding any other provision of law, any pupil achievement data concerning a pupil who is a newcomer to the English language, as designated by regulation of the State Board, including, without limitation, data collected and maintained in the statewide system of accountability for public schools and any other pupil achievement data collected and maintained by the school district, must not negatively impact the performance rating of:

(a) The school in which the pupil is enrolled;

(b) The school district in which the school is located; or

Sec. 7. NRS 388.040 is hereby amended to read as follows:

388.040 1. Except as otherwise provided in subsection 2, the board of trustees of a school district that includes more than one school which offers instruction in the same grade or grades may zone the school district and determine which pupils must attend each school.

2. The establishment of zones pursuant to subsection 1 does not preclude a pupil from attending a:

(a) Charter school;

(b) University school for profoundly gifted pupils;

(c) Public school outside the zone of attendance that the pupil is otherwise required to attend if the pupil is a child in foster care who is remaining in his or her school of origin pursuant to NRS 388E.105; or

(d) Public school outside the zone of attendance that the pupil is otherwise required to attend if the pupil has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive, or the parent or legal guardian with whom the pupil resides has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive . [; or

(e) Public school outside the zone of attendance that the pupil is otherwise required to attend if the pupil is an English learner enrolling in the school pursuant to subsection 5 of NRS 388.408.]

Sec. 8. NRS 388.4055 is hereby amended to read as follows:

388.4055 The Department may adopt regulations as necessary to carry out the provisions of NRS 388.405 to [388.408,] 388.4077, inclusive [.] , and sections 4, 5 and 6 of this act.

Sec. 9. NRS 388.406 is hereby amended to read as follows:

388.406 1. A pupil who is an English learner has the right to:

(a) Receive a free appropriate public education regardless of the immigration status or primary language of the pupil or the parent or legal guardian of the pupil;

(b) Equal access to all programming and services offered to pupils in the same grade level who are not English learners by the school or school district in which the pupil is enrolled;

(c) Receive instruction at the same grade level as other pupils who are of a similar age as the pupil who is an English learner, unless the school or school district in which the pupil is enrolled determines it is appropriate for the pupil who is an English learner to be placed in a different grade level;

(d) Equal access to participate in extracurricular activities;

(e) Receive appropriate services for academic support provided by the school or school district to pupils enrolled in the school or school district who are not English learners;

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ê2025 Statutes of Nevada, Page 2673 (CHAPTER 419, AB 335)ê

(f) Be evaluated each year to determine the progress of the pupil in learning the English language and to obtain information about the academic performance of the pupil, including, without limitation, the results of an examination administered pursuant to NRS 390.105; and

(g) Be continuously placed in a program for English learners for as long as the pupil is classified as an English learner unless the parent or legal guardian of the pupil declines for the pupil to be placed in a program for English learners.

2. The parent or legal guardian of a pupil who is an English learner has the right to:

(a) Enroll his or her child in a public school without disclosing the immigration status of the pupil or the parent or legal guardian;

(b) To the extent practicable, have a qualified interpreter in the primary language of the parent or legal guardian with the parent or legal guardian during significant interactions with the school district;

(c) To the extent practicable, receive written notice in both English and the primary language of the parent or legal guardian that the pupil has been identified as an English learner and will be placed in a program for English learners;

(d) Receive information about the progress of the pupil in learning the English language and, if the pupil is enrolled in a program of bilingual education, the progress of the pupil in learning the languages of that program;

(e) At the request of the parent or legal guardian, meet with staff of the school in which the pupil is enrolled at least once a year, in addition to any other required meetings, to discuss the overall progress of the pupil in learning the English language;

(f) Transfer the pupil to another school within the school district if the school in which the pupil is currently enrolled does not offer a program for English learners ; [or has been placed on a corrective action plan pursuant to NRS 388.408;]

(g) Receive information related to any evaluations of the pupil pursuant to paragraph (f) of subsection 1; and

(h) Contact the Department or the school district, as applicable, if the school or school district in which the pupil is enrolled violates the provisions of this section.

3. Notwithstanding the provisions of paragraphs (b) and (c) of subsection 2, the board of trustees of each school district shall provide information to the parent or legal guardian of a pupil who is an English learner in a language and format that the parent or legal guardian can understand.

4. To the extent practicable, the board of trustees of each school district shall, in writing and in both English and the primary language of the parent or legal guardian of a pupil who is an English learner, inform the parent or legal guardian of the rights described in this section at the time of the registration of the pupil in a school within the school district or at the time the pupil is identified as an English learner. The school district shall provide a copy of the rights described in this section at the annual registration of a pupil in a school within the school district to the parent or legal guardian of a pupil who is an English learner.

5. The Department shall provide translated copies of the rights described in this section in the five most common languages other than English primarily spoken in the households within each school district, which may include, without limitation, Spanish and Tagalog.

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ê2025 Statutes of Nevada, Page 2674 (CHAPTER 419, AB 335)ê

which may include, without limitation, Spanish and Tagalog. The board of trustees of each school district and each school that enrolls pupils who are English learners shall post a copy of the rights described in this section on their respective Internet websites in as many languages as possible, which may include, without limitation, and as applicable for the school district, the languages translated by the Department pursuant to this subsection.

Sec. 10. NRS 388.407 is hereby amended to read as follows:

388.407 1. The board of trustees of each school district shall develop a policy for the instruction to teach English to pupils who are English learners. The policy must be designed to provide pupils enrolled in each public school located in the school district who are English learners with instruction that enables those pupils to attain proficiency in the English language and improve their overall academic achievement and proficiency.

2. The policy developed pursuant to subsection 1 must:

(a) Provide for the identification of pupils who are English learners through the use of an appropriate assessment;

(b) Provide for the periodic reassessment of each pupil who is classified as an English learner;

(c) Be designed to eliminate any gaps in achievement, including, without limitation, in the core academic subjects and in high school graduation rates, between those pupils who are English learners and pupils who are proficient in English;

(d) Provide opportunities for the parents or legal guardians of pupils who are English learners to participate in the program;

(e) Provide the parents and legal guardians of pupils who are English learners with information regarding other programs that are designed to improve the language acquisition and academic achievement and proficiency of pupils who are English learners and assist those parents and legal guardians in enrolling those pupils in such programs;

(f) Provide for the identification of the primary language of each pupil enrolled in the school district at the beginning of each school year to assist in the identification of pupils who are English learners pursuant to paragraph (a); [and]

(g) Provide that a pupil who is an English learner remain placed in a program for English learners until the pupil obtains language proficiency based on an appropriate assessment of pupils who are English learners unless the parent or legal guardian of the pupil declines for the pupil to remain placed in a program for English learners [.] ; and

(h) Provide that a pupil who is a newcomer to the English language, as designated by regulation of the State Board, may remain in high school for not more than 10 semesters after the date on which the pupil was otherwise scheduled to graduate or until the pupil is 21 years of age, whichever is earlier.

3. The board of trustees of a school district shall adopt a plan to ensure that a policy adopted pursuant to this section achieves the objectives prescribed by paragraph (c) of subsection 2.

4. The Department shall , in consultation with the administrator designated pursuant to section 4 of this act, monitor the implementation of:

(a) The provisions of the policy developed pursuant to subsection 1 designed to achieve the objectives described in paragraph (c) of subsection 2; and

(b) The plan adopted pursuant to subsection 3.

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ê2025 Statutes of Nevada, Page 2675 (CHAPTER 419, AB 335)ê

5. The board of trustees of a school district may identify and purchase an assessment for use by the school district to measure the literacy of pupils who are English learners. Such an assessment:

(a) Must be approved by the Department; and

(b) May include tools to assist pupils who are English learners to improve their mastery of the English language.

Sec. 11. 1. The Department of Education shall establish an English Learner Advisory Council during the 2025-2026 interim to study policies to support English language acquisition, development and literacy. The Advisory Council consists of the following 12 members:

(a) The Superintendent of Public Instruction, or his or her designee, who serves as an ex officio member of the Advisory Council.

(b) Two members who have knowledge and expertise in language acquisition and who represent the Nevada System of Higher Education, appointed by the Superintendent of Public Instruction.

(d) One member who is an education professional, appointed by the employee organization recognized as representing the plurality of teachers employed by a large school district.

(e) One member who is an education professional, appointed by the employee organization recognized as representing the plurality of teachers employed by school districts that are not large school districts.

(f) Two members who are school-level administrators, one of whom is employed by a school district in a county whose population is 100,000 or more and one of whom is employed by a school district in a county whose population is less than 100,000, appointed by the Governor from a list of nominees submitted by the Nevada Association of School Administrators.

(g) Two members who are school-district-level administrators, one of whom is employed by a school district in a county whose population is 100,000 or more and one of whom is employed by a school district in a county whose population is less than 100,000, appointed by the Governor from a list of nominees submitted by the Nevada Association of School Administrators.

(h) One member with expertise in the development of public policy relating to the education of pupils who have limited proficiency in English, appointed by the Superintendent of Public Instruction upon the advice and recommendation of persons who have knowledge and expertise in providing instruction to pupils who have limited proficiency in English.

2. In addition to the members appointed pursuant to subsection 1, the Executive Director of the State Public Charter School Authority may appoint one member to the Advisory Council.

3. The Advisory Council shall study policies to support English language acquisition, development and literacy.

4. The Advisory Council shall, at its first meeting, elect a Chair and a Vice Chair from among its members.

5. A majority of the member of the Advisory Council 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 Advisory Council.

6. The Department shall provide administrative support to the Advisory Council.

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ê2025 Statutes of Nevada, Page 2676 (CHAPTER 419, AB 335)ê

7. The members of the Advisory Council serve without compensation generally.

8. Each member of the Advisory Council who is an officer or employee of the State or a local government must be relieved from his or her duties without loss of regular compensation so that the member may prepare for and attend meetings of the Advisory Council and perform any work necessary to carry out the duties of the Advisory Council in the most timely manner practicable. A state agency or local government shall not require an officer or employee who is a member of the Advisory Council to make up the time the member is absent from work to carry out his or her duties as a member, and shall not require the member to take annual vacation or compensatory time for the absence.

9. The Department may accept gifts, grants and donations from any source to support the work of the Advisory Council.

10. The Department shall, on or before October 31, 2026, prepare and submit a written report describing the activities, findings, conclusions and recommendations of the Advisory Council to the Director of the Legislative Counsel Bureau for transmittal to the 84th Session of the Legislature.

11. The Advisory Council may request the drafting of not more than 1 legislative measure which relates to matters within the scope of the Advisory Council. The request must be submitted to the Legislative Counsel on or before December 31, 2026, and must be on a form prescribed by the Legislative Counsel. A legislative measure requested pursuant to this subsection must be prefiled on or before the first day of the regular session of the Legislature in 2027. A legislative measure that is not prefiled on or before that day shall be deemed withdrawn.

Sec. 12. A teacher employed by a school district must, on or before October 1, 2030, submit proof that he or she has completed the training required by section 5 of this act as a condition of continued employment after that date.

Sec. 13. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

Sec. 14. NRS 388.408 is hereby repealed.

Sec. 15. 1. This section becomes effective upon passage and approval.

2. Sections 1 to 10, 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.

3. Section 11 of this act becomes effective:

(a) Upon passage and approval for the purpose of appointing members to the English Learner Advisory Council established pursuant to section 11 of this act 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.

4. Sections 12, 13 and 14 of this act become effective on October 1, 2025.

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ê2025 Statutes of Nevada, Page 2677ê

CHAPTER 420, AB 352

Assembly Bill No. 352–Assemblymember Anderson

CHAPTER 420

[Approved: June 9, 2025]

AN ACT relating to businesses; requiring a person who wishes to conduct a cottage cosmetics operation to apply to the State Department of Agriculture for a license; setting forth requirements and fees relating to a cottage cosmetics operation; exempting a cottage cosmetics operation from certain licensing requirements; revising and reorganizing certain provisions governing cottage food establishments; requiring a person who wishes to conduct a cottage food operation to apply to the Department; revising certain provisions governing craft food operations; revising provisions governing farm-to-fork events; applying certain provisions governing food delivery service platforms to the delivery of food items from a cottage food operation; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Under existing law, the Commissioner of Food and Drugs is required to adopt regulations for the licensing of every person who manufactures, compounds, processes or packages drugs, devices or cosmetics in this State. (NRS 585.245) Section 20 of this bill exempts, with certain exceptions, cottage cosmetics operations from the provisions of law governing the licensing, regulation, fees and inspection of such persons by the Commissioner.

Section 4 of this bill defines the term “cottage cosmetics operation” to mean a natural person: (1) who manufactures or prepares cosmetics in his or her private home or in a kitchen that is not otherwise required by law to be inspected for the preparation of a cosmetic, for sale to a natural person; and (2) whose gross sales of such cosmetics are not more than $100,000 per year. Section 3 of this bill defines the term “cosmetic.” Sections 5 and 6 of this bill define certain other terms relating to cottage cosmetics operations. Section 2 of this bill applies these definitions to the provisions of sections 2-11.5 of this bill.

Section 7 requires a person who wishes to conduct a cottage cosmetics operation to apply to the State Department of Agriculture for a license to conduct a cottage cosmetics operation and prescribes certain requirements for such an application. Section 7 authorizes the Department to: (1) charge certain fees for the issuance and renewal of a license to conduct a cottage cosmetics operation; and (2) inspect a cottage cosmetics operation for certain purposes and charge a fee for the inspection if the cottage cosmetics operation produced an adulterated or misbranded cosmetic or was the source of an outbreak of illness caused by a contaminated cosmetic. Section 7 also requires the Department to maintain a registry of each person who holds an active license to conduct a cottage cosmetics establishment. Section 10 requires the Director of the Department to adopt certain regulations governing cottage cosmetics operations.

Section 11 of this bill authorizes the Director to impose a civil penalty of not more than $500 for a violation of the provisions of sections 2-11.5. Section 21 of this bill provides that the civil penalty is an exception to the criminal penalties imposed for other violations of the provisions relating to food, drugs and cosmetics.

Section 11.5: (1) prohibits certain entities from adopting an ordinance or other regulation that prohibits a natural person from operating a cottage cosmetics operation; and (2) provides that the provisions of sections 2-11.5 do not prohibit certain entities from regulating the time, place or manner of a cottage cosmetics operation, provided that such regulations do not unreasonably restrict or prohibit a person from conducting a cottage cosmetics operation.

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ê2025 Statutes of Nevada, Page 2678 (CHAPTER 420, AB 352)ê

Existing law sets forth certain requirements for a food establishment that prepares food intended for human consumption. (NRS 446.0145-446.945) Existing law exempts a cottage food operation from such requirements and requires a person who wishes to conduct a cottage food operation to register with a certain health authority. (NRS 446.866) Section 16 of this bill instead requires a person who wishes to conduct a cottage food operation to apply to the Department for a license to conduct a cottage food operation. Sections 14-16 of this bill revise and reorganize the existing provisions governing cottage food operations into new sections of the Nevada Revised Statutes. Section 28 of this bill repeals an existing provision governing cottage food operations made redundant by section 16. Section 14 revises the definition of “cottage food operation” to apply to a natural person who manufactures or prepares food items in his or her private home or in a kitchen that is not otherwise required by law to be inspected for the purposes of preparing a food item, for sale and whose gross sales of such food items are not more than $100,000 per calendar year. Section 15 revises the definition of “food item” to include, certain food items.

Additionally, section 16 authorizes a cottage food operation to: (1) sell food items via a transaction by telephone or via the Internet; and (2) fulfill a transaction in person, by mail or through a food delivery service platform. Section 26 of this bill makes a cottage food operation a “food dispensing establishment,” thereby applying the provisions governing the food delivery service platforms to the delivery of food items from a cottage food operation. Section 16 authorizes the Department to charge certain fees for the issuance and renewal of a license to conduct a cottage food operation. Section 16 further requires the Department to maintain a registry of each person who holds an active license to conduct a cottage food operation. Section 19 of this bill requires the Director of the Department to adopt certain regulations governing cottage food operations.

Section 19.5 of this bill: (1) prohibits certain entities from adopting an ordinance or other regulation that prohibits a person from preparing food in a cottage operation; and (2) provides that the provisions of sections 12-19.5 do not prohibit certain entities from regulating the time, place or manner of a cottage food operation, provided that such regulations do not unreasonably restrict or prohibit a person from conducting a cottage food operation.

Section 23 of this bill revises the definition of “food establishment” to reflect the reorganization of provisions governing cottage food operations.

Existing federal law requires each state to adopt procedures to ensure that applicants for certain licenses and certificates comply with child support obligations. (42 U.S.C. § 666) Sections 8, 9, 17 and 18 enact such procedures as applicable to an applicant for a license to conduct a cottage cosmetics operation and an applicant for a license to conduct a cottage food operation in order to comply with federal law.

Existing law provides that the penalty for a violation of any provision of existing law relating to agricultural products and seeds is a civil penalty of not more than $500 for each violation. (NRS 587.900) This penalty applies to sections 12-19.5 of this bill.

Existing law exempts a farm from certain provisions governing food establishments for the purposes of holding a farm-to-fork event under certain conditions. (NRS 446.868) Section 24 of this bill authorizes a farm holding such an event to serve certain food items provided that: (1) any livestock or game animal that is served at the event is butchered and processed on the farm in accordance with certain provisions of law or was inspected and approved under a certain inspection program; and (2) certain other food items served at the farm-to-fork event are sourced from certain facilities or was inspected and approved under a certain inspection program. Section 24 also exempts: (1) a farm from certain provisions governing food establishments provided that the farm holds four events or less in a month; and (2) a farm that holds more than four events during a harvest or holiday season from such provisions. Section 25 of this bill prohibits the Department from charging a fee for the registration of a farm to hold farm-to-fork events when the annual revenue of the farm for the preceding calendar year was less than $100,000.

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ê2025 Statutes of Nevada, Page 2679 (CHAPTER 420, AB 352)ê

Existing law sets forth certain requirements for a craft food operation in which a person manufactures or prepares acidified foods in certain kitchens and whose gross sales of such foods are not more than $35,000 per calendar year and authorizes the Department to adopt certain regulations governing such operations. (NRS 587.691-587.699) Section 21.2 of this bill increases the amount of gross sales that a craft food operation may have to not more than $100,000 per calendar year.

Section 21.4 of this bill authorizes a craft food operation to sell acidified foods in a transaction by telephone or via the Internet and requires that the sale be fulfilled in person. Section 21.6 of this bill eliminates the requirements that an acidified food be produced by a person who: (1) maintains a log and supporting documentation concerning the canning date for each batch of acidified foods produced by the person; and (2) uses only certain canning recipes. Section 21.8 of this bill eliminates the authority of the Department to charge a fee to a person who produces acidified food for a course of training and an examination.

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 585 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 19.5, inclusive of this act.

Sec. 2. As used in sections 2 to 11.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 3. “Cosmetic” means:

1. Bath preparations, including, without limitation, oils, tablets, salts, bubble baths and bath capsules;

2. Fragrance preparations, including, without limitation, colognes, perfumes and powders;

3. Noncoloring hair preparations, including, without limitation, conditioners, rinses and shampoos;

4. Personal cleanliness preparations, including, without limitation, bath soaps, body washes and deodorants; and

5. Skin care preparations for the body and hands, including, without limitation, lotions, salves, balms and skin fresheners.

Sec. 4. “Cottage cosmetics operation”:

1. Means a natural person:

(a) Who manufactures or prepares cosmetics in his or her private home or in a kitchen that is not otherwise required by law to be inspected for the purposes of preparing a cosmetic, for sale to a natural person; and

(b) Whose gross sales of such cosmetics are not more than $100,000 per year.

2. The term does not include an operation that engages in the manufacturing or processing of any of the products described in 21 U.S.C. § 364h(b).

Sec. 5. “Department” means the State Department of Agriculture.

Sec. 6. “Director” means the Director of the Department.

Sec. 7. 1. A person shall not conduct a cottage cosmetics operation unless the person holds a license issued pursuant to subsection 2.

2. A natural person who wishes to obtain a license to conduct a cottage cosmetics operation must submit to the Department an application on a form prescribed by the Director. The application must include, without limitation:

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ê2025 Statutes of Nevada, Page 2680 (CHAPTER 420, AB 352)ê

(a) The name, address and contact information of the natural person conducting the cottage cosmetics operation; and

(b) If the cottage cosmetics operation sells cosmetics under a name other than the name of the natural person who conducts the cottage cosmetics operation, the name under which the cottage cosmetics operation sells cosmetics.

3. The Department may charge a fee for the issuance or renewal of a license to conduct a cottage cosmetics operation pursuant to subsection 2 in an amount not to exceed the actual cost of the Department to issue or renew a license and maintain the registry required by subsection 6.

4. The Department may inspect a cottage cosmetics operation only to investigate a cosmetic that may be deemed to be adulterated or misbranded pursuant to NRS 585.500 and 585.510, or an outbreak or suspected outbreak of illness known or suspected to be caused by an adulterated cosmetic. The cottage cosmetics operation shall cooperate with the Department in any such inspection. If, as a result of such an inspection, the Department determines that the cottage cosmetics operation has produced an adulterated or misbranded cosmetic or was the source of an outbreak caused by a contaminated cosmetic, the Department may charge and collect from the cottage cosmetics operation a fee in an amount that does not exceed the actual cost of the Department to conduct the investigation.

5. The Department shall maintain a registry of each natural person who holds an active license to conduct a cottage cosmetics operation. The registry must include, without limitation, the name under which the cottage cosmetics operation sells cosmetics.

Sec. 8. 1. In addition to any other requirements set forth in sections 2 to 11.5, inclusive, of this act, an applicant for a license or the renewal of a license to conduct a cottage cosmetics operation shall:

(a) Include the social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, of the applicant in the application submitted to the Department pursuant to section 7 of this act.

(b) Submit to the Department the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

2. The Department shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Department.

3. A license to conduct a cottage cosmetics operation may not be issued or renewed by the Department if the applicant:

(a) Fails to submit the statement required pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Department shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

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ê2025 Statutes of Nevada, Page 2681 (CHAPTER 420, AB 352)ê

a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Department shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

Sec. 9. 1. If the Department receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is licensed to conduct a cottage cosmetics operation, the Department shall deem the license of that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Department receives a letter issued to the licensee by the district attorney or other public agency pursuant to NRS 425.550 stating that the licensee has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Department shall reinstate a license that has been suspended by a district court pursuant to NRS 425.540 if the Department receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

Sec. 10. The Director shall adopt regulations to carry out the provisions of sections 2 to 11.5, inclusive, of this act, including, without limitation, regulations prescribing requirements for a person to obtain a license to conduct a cottage cosmetics operation.

Sec. 11. The Director may, after notice and an opportunity for a hearing, impose a civil penalty of not more than $500 for each violation of sections 2 to 11.5, inclusive, of this act.

Sec. 11.5. 1. No local zoning board, planning commission or governing body of an unincorporated town, incorporated city or county may adopt an ordinance or other regulation that prohibits a natural person from operating a cottage cosmetics operation.

2. Nothing in the provisions of sections 2 to 11.5, inclusive, of this act, shall be construed to prohibit a local zoning board, planning commission or governing body of an unincorporated town, incorporated city or county from adopting an ordinance or regulation that regulates the time, place or manner of a cottage cosmetics operation, provided that such an ordinance or regulation does not unreasonably restrict or prohibit a natural person from conducting a cottage cosmetics operation.

Sec. 12. As used in sections 12 to 19.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 14 and 15 of this act have the meanings ascribed to them in those sections.

Sec. 13. (Deleted by amendment.)

Sec. 14. “Cottage food operation” means a natural person:

1. Who manufactures or prepares food items in his or her private home or in a kitchen that is not otherwise required by law to be inspected for the purposes of preparing a food item, for sale to a natural person for consumption; and

2. Whose gross sales of such food items are not more than $100,000 per calendar year.

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ê2025 Statutes of Nevada, Page 2682 (CHAPTER 420, AB 352)ê

Sec. 15. “Food item” means:

1. Nuts and nut mixes;

2. Candies;

3. Jams, jellies and preserves;

4. Dry herbs, seasoning mixes and teas;

5. Dried fruits and vegetables;

6. Cereals, trail mixes and granola;

7. Popcorn and popcorn balls; or

8. Baked goods that:

(a) Are not potentially hazardous foods;

(b) Do not contain cream, uncooked egg, custard meringue or cream cheese frosting or garnishes; and

Sec. 16. 1. A cottage food operation which manufactures or prepares a food item by any manner or means whatever for sale, or which offers or displays a food item for sale, is not a “food establishment” pursuant to paragraph (i) of subsection 2 of NRS 446.020 if each such food item is:

(a) Sold on the private property of the natural person who manufactures or prepares the food item or at a location where the natural person who manufactures or prepares the food item sells the food item directly to a consumer, including, without limitation, a farmers’ market licensed pursuant to chapter 244 or 268 of NRS, flea market, swap meet, church bazaar, garage sale or craft fair, by means of an in-person transaction or a transaction by telephone or via the Internet. A sale made pursuant to this paragraph may be fulfilled in person, by mail or through a food delivery service platform, as defined in NRS 597.7627.

(b) Sold to a natural person for his or her consumption and not for resale.

(c) Affixed with a label which complies with the federal labeling requirements set forth in 21 U.S.C. § 343(w) and 9 C.F.R. Part 317 and 21 C.F.R. Part 101.

(d) Labeled with “MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO GOVERNMENT FOOD SAFETY INSPECTION” printed prominently on the label for the food item.

(e) Prepackaged in a manner that protects the food item from contamination during transport, display, sale and acquisition by consumers.

(f) Prepared and processed in the kitchen of the private home of the natural person who manufactures or prepares the food item or, if allowed by the Department, in a kitchen that is not otherwise required by law to be inspected for the purposes of preparing a food item.

2. A person shall not conduct a cottage food operation unless the person holds a license issued pursuant to subsection 3.

3. A natural person who wishes to obtain a license to conduct a cottage food operation must submit to the Department an application on a form prescribed by the Director. The application must include, without limitation:

(a) The name, address and contact information of the natural person conducting the cottage food operation; and

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ê2025 Statutes of Nevada, Page 2683 (CHAPTER 420, AB 352)ê

(b) If the cottage cosmetics operation sells food items under a name other than the name of the natural person who conducts the cottage food operation, the name under which the cottage food operation sells food items.

4. The Department may charge a fee for the issuance or renewal of a license to conduct a cottage food operation pursuant to subsection 3 in an amount not to exceed the actual cost of the Department to issue and renew a license and maintain the registry required by subsection 6.

5. The Department may inspect a cottage food operation only to investigate a food item that may be deemed to be adulterated or misbranded pursuant to NRS 585.300 to 585.360, inclusive, or an outbreak or suspected outbreak of illness known or suspected to be caused by a contaminated food item. The cottage food operation shall cooperate with the Department in any such inspection. If, as a result of such inspection, the Department determines that the cottage food operation has produced an adulterated food item or was the source of an outbreak of illness caused by a contaminated food item, the Department may charge and collect from the cottage food operation a fee in an amount that does not exceed the actual cost of the Department to conduct the investigation.

6. The Department shall maintain a registry of each natural person who holds an active license to conduct a cottage food operation. The registry must include, without limitation, the name under which the cottage food operation sells food items.

Sec. 17. 1. In addition to any other requirements set forth in sections 12 to 19.5, inclusive, of this act, an applicant for a license or the renewal of a license to conduct a cottage food operation shall:

2. The Department shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Department.

3. A license to conduct a cottage food operation may not be issued or renewed by the Department if the applicant:

(a) Fails to submit the statement required pursuant to subsection 1; or

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ê2025 Statutes of Nevada, Page 2684 (CHAPTER 420, AB 352)ê

advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

Sec. 18. 1. If the Department receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is licensed to conduct a cottage food operation, the Department shall deem the license of that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Department receives a letter issued to the licensee by the district attorney or other public agency pursuant to NRS 425.550 stating that the licensee has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

Sec. 19. The Director shall adopt regulations necessary to carry out the provisions of sections 12 to 19.5, inclusive, of this act, including, without limitation, regulations prescribing requirements for a person to obtain a license to conduct a cottage food operation.

Sec. 19.5. 1. No local zoning board, planning commission or governing body of an unincorporated town, incorporated city or county may adopt an ordinance or other regulation that prohibits a natural person from operating a cottage food operation.

2. Nothing in the provisions of sections 12 to 19.5, inclusive, of this act, shall be construed to prohibit a local zoning board, planning commission or governing body of an unincorporated town, incorporated city or county from adopting an ordinance or regulation that regulates the time, place or manner of a cottage food operation, provided that such an ordinance or regulation does not unreasonably restrict or prohibit a natural person from conducting a cottage food operation.

Sec. 20. NRS 585.245 is hereby amended to read as follows:

585.245 1. The Commissioner shall adopt regulations for the licensing of every person who manufactures, compounds, processes or packages drugs, devices or cosmetics in a factory, warehouse, laboratory or other location in this State. The regulations must set forth the requirements for issuance and renewal of a license. Only a person who complies with the requirements of this chapter is entitled to a license. A license is not transferable from person to person or from place to place. The regulations must prescribe the length of term for which a license is issued and must set forth grounds and procedures for the revocation, suspension or nonrenewal of a license.

2. A valid license is required for the manufacturing, compounding, processing or packaging of drugs, devices or cosmetics in any factory, warehouse, laboratory or other location in this State. Licensed pharmacies compounding or packaging prescriptions are exempt from this provision.

3. The Commissioner shall establish and collect fees for the purpose of paying the costs of inspecting, testing and other functions required under the provisions of this chapter with respect to any drug, device or cosmetic.

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ê2025 Statutes of Nevada, Page 2685 (CHAPTER 420, AB 352)ê

Failure to pay any fee imposed pursuant to this subsection is a ground for revocation, suspension or nonrenewal of a license. All such fees collected by the Commissioner must be deposited with the State Treasurer for credit to the State General Fund.

4. As a condition for entertaining the application of any applicant for any license authorized under this chapter, and as a further condition for the issuance of any such license, the Commissioner or the Commissioner’s authorized agent is entitled to free access at all reasonable hours to any factory, warehouse or other location in which drugs, devices or cosmetics are manufactured, compounded, processed or packaged or held for introduction into commerce, and may enter any vehicle being used to transport or hold such drugs, devices or cosmetics in commerce, for the purposes of:

(a) Inspecting the factory, warehouse, other location or vehicle to determine whether any of the provisions of this chapter is being violated; and

(b) Securing samples or specimens of any drug, device or cosmetic after paying or offering to pay therefor.

5. The Commissioner shall make, or cause to be made, examinations of samples and specimens secured under the provisions of this section to determine whether any of the provisions of this chapter is being violated.

6. A cottage cosmetics operation subject to the requirements of sections 2 to 11.5, inclusive, of this act, is exempt from the provisions of this section.

Sec. 21. NRS 585.550 is hereby amended to read as follows:

585.550 1. A person who manufactures, compounds, processes or packages any drug in a factory, warehouse, laboratory or other location in this state without a license required by NRS 585.245 is guilty of a category D felony and shall be punished as provided in NRS 193.130.

2. [A] Except as otherwise provided in section 11 of this act, a person who violates any other provision of this chapter is guilty of a gross misdemeanor.

Sec. 21.2. NRS 587.693 is hereby amended to read as follows:

587.693 “Craft food operation” means a natural person who manufactures or prepares acidified foods in his or her private home or, if allowed by the health authority, in the kitchen of a fraternal or social clubhouse, a school or a religious, charitable or other nonprofit organization, for sale to a natural person for consumption, and whose gross sales of such foods are not more than [$35,000] $100,000 per calendar year.

Sec. 21.4. NRS 587.6945 is hereby amended to read as follows:

587.6945 1. A craft food operation which manufactures or prepares a food item by any manner or means whatever for sale, or which offers or displays a food item for sale, is not a “food establishment” pursuant to paragraph (j) of subsection 2 of NRS 446.020 if each such food item is:

(a) Sold on the private property of the natural person who manufactures or prepares the food item or at a location where the natural person who manufactures or prepares the food item sells the food item directly to a consumer, including, without limitation, a farmers’ market licensed pursuant to chapter 244 or 268 of NRS, flea market, swap meet, church bazaar, garage sale or craft fair, by means of an in-person transaction [that does not involve selling the food item] or a transaction by telephone or via the Internet . [;] A sale made pursuant to this paragraph must be fulfilled in person.

(b) Sold to a natural person for his or her consumption and not for resale . [;]

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ê2025 Statutes of Nevada, Page 2686 (CHAPTER 420, AB 352)ê

(c) Affixed with a label which complies with the federal labeling requirements set forth in 21 U.S.C. § 343(w) and 9 C.F.R. Part 317 and 21 C.F.R. Part 101 . [;]

(d) Labeled with:

(1) The date the food item was produced . [; and]

(2) “MADE IN A CRAFT FOOD OPERATION THAT IS NOT SUBJECT TO GOVERNMENT FOOD SAFETY INSPECTION” printed prominently on the label for the food item . [;]

(e) Prepackaged in a manner that protects the food item from contamination during transport, display, sale and acquisition by consumers . [; and]

(f) Prepared and processed in the kitchen of the private home of the natural person who manufactures or prepares the food item or, if allowed by the health authority, in the kitchen of a fraternal or social clubhouse, a school or a religious, charitable or other nonprofit organization.

2. No local zoning board, planning commission or governing body of an unincorporated town, incorporated city or county may adopt any ordinance or other regulation that prohibits a natural person from preparing food in a craft food operation.

3. As used in this section, “food item” means acidified foods produced by a person who meets the requirements of NRS 587.695 to 587.699, inclusive.

Sec. 21.6. NRS 587.695 is hereby amended to read as follows:

587.695 For the purposes of a craft food operation, an acidified food must be produced by a person who:

1. Complies with the requirements of NRS 587.6945;

2. Is registered pursuant to NRS 587.696;

3. Maintains a log and supporting documentation for not less than 5 years which must include:

(a) The name of each acidified food produced;

(b) The recipe for each acidified food produced, including, without limitation, the ingredients and the process used in preparation of the acidified food; and

(d)] The results of the pH test for each batch produced; and

4. For the purposes of paragraph [(d)] (c) of subsection 3, uses a pH test meter that meets the requirements of the regulations adopted by the State Department of Agriculture . [; and

5. Uses only canning recipes that have been approved by, or included in publications approved by, the State Department of Agriculture.]

Sec. 21.8. NRS 587.696 is hereby amended to read as follows:

587.696 1. The Department shall register a person who produces acidified foods if the person:

(a) Completes a course of training in basic food safety and the preparation and canning of acidified foods which has been approved by the Department;

(b) Passes an examination on the preparation of acidified foods which has been approved by the Department;

(d) Provides the Department with such information as the Department deems appropriate, including, without limitation:

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ê2025 Statutes of Nevada, Page 2687 (CHAPTER 420, AB 352)ê

(1) The name, address and contact information of the natural person who is producing the acidified foods; and

(2) If the acidified foods are sold under a name other than that of the natural person who produces the acidified foods, the name under which the natural person sells the acidified foods.

2. A registration that is issued or otherwise recorded pursuant to subsection 1 is valid for 3 years after the date of initial registration and may be renewed pursuant to the provisions of subsection 3.

3. The Department shall renew a registration that is issued or otherwise recorded pursuant to subsection 1 every 3 years if the person:

(a) Provides proof satisfactory to the Department that the person has complied with the requirements of NRS 587.695;

(b) Completes a course of training in basic food safety and the preparation and canning of acidified foods which has been approved by the Department;

(d) Pays the renewal fee prescribed by the Department; and

(e) Provides the Department with any such information as the Department deems appropriate.

4. The Department shall provide to each person registered to produce acidified foods pursuant to this section:

(a) Periodic updates on, without limitation, the testing and preparation of acidified foods; and

(b) Information about workshops or other training opportunities related to the safe production of acidified foods.

5. The Department may inspect the premises of a person registered to produce acidified foods pursuant to this section only to investigate a food item that may be deemed to be adulterated pursuant to NRS 585.300 to 585.360, inclusive, or an outbreak or suspected outbreak of illness known or suspected to be caused by a contaminated food item. The producer of acidified foods shall cooperate with the Department in any such inspection. If, as a result of such an inspection, the Department determines that the producer of acidified foods has produced an adulterated food item or was the source of an outbreak of illness caused by a contaminated food item, the Department may charge and collect from the producer of acidified foods a fee in an amount that does not exceed the actual cost to the Department to conduct the investigation.

6. The Department may charge a reasonable fee for:

(a) Registration pursuant to subsection 1;

(b) Renewal of a registration pursuant to subsection 3; and

(d) An examination pursuant to subsections 1 and 3; and

(e)] An investigation conducted pursuant to subsection 5.

Sec. 22. Chapter 446 of NRS is hereby amended by adding thereto a new section to read as follows:

As used in this section and NRS 446.868 and 446.869, unless the context otherwise requires, “Department” means the State Department of Agriculture.

Sec. 23. NRS 446.020 is hereby amended to read as follows:

446.020 1. Except as otherwise limited by subsection 2, “food establishment” means any place, structure, premises, vehicle or vessel, or any part thereof, in which any food intended for ultimate human consumption is manufactured or prepared by any manner or means whatever, or in which any food is sold, offered or displayed for sale or served.

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ê2025 Statutes of Nevada, Page 2688 (CHAPTER 420, AB 352)ê

any part thereof, in which any food intended for ultimate human consumption is manufactured or prepared by any manner or means whatever, or in which any food is sold, offered or displayed for sale or served.

2. The term does not include:

(a) Private homes, unless the food prepared or manufactured in the home is sold, or offered or displayed for sale or for compensation or contractual consideration of any kind;

(b) Fraternal or social clubhouses at which attendance is limited to members of the club;

(d) Any establishment in which religious, charitable and other nonprofit organizations sell food occasionally to raise money or in which charitable organizations receive salvaged food in bulk quantities for free distribution, unless the establishment is open on a regular basis to sell food to members of the general public;

(e) Any establishment where animals, including, without limitation, mammals, fish and poultry, are slaughtered which is regulated pursuant to chapter 583 of NRS;

(f) Dairy farms and plants which process milk and products of milk or frozen desserts which are regulated under chapter 584 of NRS;

(g) The premises of a wholesale dealer of alcoholic beverages licensed under chapter 369 of NRS who handles only alcoholic beverages which are in sealed containers;

(h) A facility that produces eggs which is regulated pursuant to chapter 583 of NRS;

(i) A cottage food operation that meets the requirements of [NRS 446.866] section 16 of this act with respect to food items as defined in [that] section [;] 15 of this act;

(j) A craft food operation that meets the requirements of NRS 587.6945 with respect to food items as defined in that section; or

(k) A farm for purposes of holding a farm-to-fork event.

3. As used in this section, “poultry” has the meaning ascribed to it in NRS 583.405.

Sec. 24. NRS 446.868 is hereby amended to read as follows:

446.868 1. Except as otherwise provided in subsection 3, a farm is not a “food establishment” for purposes of holding a farm-to-fork event provided that:

(a) Any poultry and meat from a rabbit that is served at the farm-to-fork event is raised and prepared on the farm and is butchered and processed on the farm pursuant to the requirements of chapter 583 of NRS; [and]

(b) Any livestock or game animal that is served at the farm-to-fork event is butchered and processed on the farm pursuant to the requirements of chapter 583 of NRS or was inspected and approved under an inspection program administered by the United States Department of Agriculture; and

(c) Any other food item that is served at the farm-to-fork event, including, without limitation, salads, side dishes and desserts, are prepared on the farm from ingredients that are substantially produced on the farm [.] or sourced from a facility that satisfies the requirements of chapter 583 of NRS or was inspected and approved under an inspection program administered by the United States Department of Agriculture.

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ê2025 Statutes of Nevada, Page 2689 (CHAPTER 420, AB 352)ê

2. A farm which holds a farm-to-fork event shall, before a guest consumes any food, provide each guest with a notice which states that no inspection was conducted by a state or local health department of the farm or the food to be consumed, except as otherwise provided in subsection 1.

3. [A] Except as otherwise provided in subsection 4, a farm which holds more than [two] four events in any month that would otherwise qualify as farm-to-fork events becomes a food establishment for the remainder of that calendar year subject to all of the requirements of this chapter and any regulations adopted pursuant thereto concerning food establishments.

4. The Director of the Department may provide an exemption from the requirements of subsection 3 to a farm which holds more than four events during a harvest or holiday season.

5. As used in this section:

(a) “Game animal” means an animal, the products of which are food, that is not classified as livestock, sheep, swine, goat, horse, mule or other equine, or as poultry or fish. The term includes mammals, including, without limitation, reindeer, elk, deer, antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria or muskrat, and nonaquatic reptiles such as land snakes.

(b) “Livestock” has the meaning ascribed to it in NRS 583.325.

Sec. 25. NRS 446.869 is hereby amended to read as follows:

446.869 1. A farm that wishes to hold farm-to-fork events must register with the [health authority] Department by submitting such information as the [health authority] Department deems appropriate, including, without limitation:

(a) The name, address and contact information of the owner of the farm;

(b) The name under which the farm operates; [and]

(d) The annual revenue of the farm for the immediately preceding calendar year.

2. [The health authority] Except as otherwise provided in this subsection, the Department may charge a fee for the registration of a farm pursuant to this section in an amount not to exceed the actual cost of the [health authority] Department to establish and maintain [a] the registry [of farms holding farm-to-fork events.] required pursuant to subsection 5. The Department shall not charge a fee for the registration of a farm when the annual revenue of the farm for the immediately preceding calendar year was less than $100,000.

3. The [health authority] Department shall not inspect a farm that holds a farm-to-fork event, except as otherwise provided in subsection 3 of NRS 446.868 and except that the [health authority] Department may inspect a farm following a farm-to-fork event to investigate a food item that may be deemed to be adulterated pursuant to NRS 585.300 to 585.360, inclusive, or an outbreak or suspected outbreak of illness known or suspected to be caused by a contaminated food item served at the farm-to-fork event. A farm shall cooperate with the [health authority] Department in any such inspection.

4. If, as a result of an inspection conducted pursuant to subsection 3, the [health authority] Department determines that the farm has produced an adulterated food item or was the source of an outbreak of illness caused by a contaminated food item, the [health authority] Department may charge and collect from the farm a fee in an amount not to exceed the actual cost of the health authority to conduct the investigation.

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ê2025 Statutes of Nevada, Page 2690 (CHAPTER 420, AB 352)ê

5. The Department shall maintain a registry of farms holding farm-to-fork events that are registered with the Department pursuant to subsection 1. The registry must include, without limitation, the name under which the farm operates.

Sec. 26. NRS 597.7629 is hereby amended to read as follows:

597.7629 1. “Food dispensing establishment” means a food establishment or a cottage food operation that prepares and serves food intended for immediate consumption. The term includes, without limitation, a restaurant. The term does not include a convenience store or a grocery store.

2. As used in this section:

(a) “Convenience store” has the meaning ascribed to it in NRS 597.225.

(b) “Cottage food operation” has the meaning ascribed to it in section 14 of this act.

[(c)] (d) “Grocery store” has the meaning ascribed to it in NRS 597.225.

Sec. 27. (Deleted by amendment.)

Sec. 28. NRS 446.866 is hereby repealed.

Sec. 29. 1. This section becomes effective upon passage and approval.

2. Sections 1 to 28, inclusive, of this act become effective:

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

(b) On July 1, 2027, for all other purposes.

3. Sections 8, 9, 17 and 18 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

(a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

(b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

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ê2025 Statutes of Nevada, Page 2691ê

CHAPTER 421, AB 366

Assembly Bill No. 366–Assemblymember Monroe-Moreno

CHAPTER 421

[Approved: June 9, 2025]

AN ACT relating to housing; revising provisions relating to the Nevada Supportive Housing Development Fund; making an appropriation; requiring, under certain circumstances, the Governor to submit a statement to the Legislature relating to supportive housing; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires the Housing Division of the Department of Business and Industry, subject to the availability of funds appropriated for such a purpose, to develop and implement a grant program for the purpose of awarding grants for the development of subsidized housing and the provision of services to assist eligible persons by reducing barriers to their retention of housing. The program is required to include a process for applying for a grant to: (1) procure and develop such supportive housing; (2) train and build the capacity of a supportive housing partnership; (3) fund the operation of a supportive housing partnership; and (4) analyze the progress of supportive housing in this State. (NRS 319.600) Additionally, existing law creates the Nevada Supportive Housing Development Fund in the State Treasury and requires that money in the Fund be used to carry out the supportive housing grant program. (NRS 319.610)

Section 1 of this bill removes the provision that the development and implementation of such a grant program by the Housing Division is subject to the availability of funds appropriated for such a purpose.

Section 2 of this bill changes the designation of the Nevada Supportive Housing Development Fund from a special revenue fund in the State Treasury to an account in the State General Fund. Section 2 also provides that the money in the redesignated Nevada Supportive Housing Development Account does not revert to the State General Fund at the end of any fiscal year. Section 1 makes a conforming change to reflect the change in designation of the Fund.

Section 3 of this bill makes an appropriation to the Nevada Supportive Housing Development Account to carry out the supportive housing grant program. Section 3.5 of this bill requires, beginning with the executive budget for the 2027-2029 biennium, that if the Governor does not include a budgetary request for any amount of money for the Account to carry out the program, the Governor must submit a statement with the proposed executive budget outlining the reasons that the Governor has not included a budgetary request for that purpose.

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 319.600 is hereby amended to read as follows:

319.600 1. The Division shall [, subject to the availability of funds appropriated for such a purpose,] develop and implement a supportive housing grant program for the purpose of awarding grants for the development of supportive housing and the provision of supportive housing services. The program must include a process for applying for a grant to:

(a) Procure and develop supportive housing;

(b) Train and build the capacity of a supportive housing partnership;

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ê2025 Statutes of Nevada, Page 2692 (CHAPTER 421, AB 366)ê

(d) Analyze the progress of supportive housing in this State.

2. Any recipient of a grant for supportive housing must agree in writing to comply with all applicable provisions of chapter 118A of NRS.

3. The Division shall consult with the Nevada Interagency Advisory Council on Homelessness to Housing created by NRS 232.4981 before approving any application for a grant pursuant to paragraph (a) of subsection 1.

4. The Division shall adopt regulations to carry out the provisions of this section. The regulations must prescribe, without limitation:

(a) The criteria for eligibility to receive money from the supportive housing grant program; and

(b) Procedures for the submission and review of applications to receive money from the supportive housing grant program.

5. On or before December 1 of each year that the supportive housing grant program is funded, the Division shall submit a report to the Chair of the Nevada Interagency Advisory Council on Homelessness to Housing, the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature, or to the Legislative Commission, if the Legislature is not in session. The report must include:

(a) Information on and feedback from grant recipients; and

(b) Information on the use of grant money and participation in the supportive housing grant program.

6. The Division may use a portion of the money in the Nevada Supportive Housing Development [Fund] Account created by NRS 319.610 to prepare the report required by subsection 5.

7. As used in this section:

(a) “Supportive housing” means subsidized housing that reduces barriers to retaining housing that are caused by a person’s rental history, criminal history and income through the provision of onsite and offsite supportive services that are designed to assist a person who has:

(1) A disabling behavioral or physical health condition; and

(2) Experienced:

(I) Homelessness or been at imminent risk of homelessness; or

(II) Unnecessary institutionalization.

(b) “Supportive services” includes, without limitation, social services, community support services, case management services, employment services, health care and behavioral health treatment.

Sec. 2. NRS 319.610 is hereby amended to read as follows:

319.610 1. [There is hereby created as a special revenue fund in the State Treasury the] The Nevada Supportive Housing Development [Fund.] Account is hereby created in the State General Fund.

2. The Division may accept gifts, bequests, grants, appropriations and donations from any sources for deposit in the [Fund.] Account.

3. The money in the [Fund] Account must be invested as other state [funds] accounts are invested. All interest earned on the deposit or investment of money in the [Fund,] Account, after deducting any applicable charges, must be credited to the [Fund.] Account. Claims against the [Fund] Account must be paid as other claims against the State are paid.

4. The money in the [Fund] Account must be used to carry out the provisions of NRS 319.600.

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ê2025 Statutes of Nevada, Page 2693 (CHAPTER 421, AB 366)ê

5. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

Sec. 3. There is hereby appropriated from the State General Fund to the Nevada Supportive Housing Development Account created by NRS 319.610, as amended by section 2 of this act, the sum of $21,000,000 to carry out the supportive housing grant program developed pursuant to NRS 319.600, as amended by section 1 of this act.

Sec. 3.5. Beginning with the executive budget for the 2027-2029 biennium, if the Governor does not include in the proposed executive budget a budgetary request for any amount of money for the Nevada Supportive Housing Development Account created by NRS 319.610, as amended by section 2 of this act, to carry out the supportive housing grant program developed pursuant to NRS 319.600, as amended by section 1 of this act, the Governor shall submit, with the proposed executive budget transmitted pursuant to NRS 353.230, a statement outlining the reasons that the Governor has not included a budgetary request for that purpose to the Director of the Legislative Counsel Bureau for transmittal to the Legislature.

Sec. 4. 1. The State Controller shall, if necessary to carry out the provisions of this act, cause the transfer of any money between funds and accounts whose designations are changed by the provisions of this act.

2. All rights and liabilities of a fund whose designation is changed by the provisions of this act are not affected by the change in designation and remain the rights and liabilities of the fund or account as newly designated.

Sec. 5. 1. The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change any references to a fund or account whose designation has been changed pursuant to the provisions of this act.

2. Any reference in a bill or resolution passed by the 83rd Session of the Nevada Legislature to a fund or account whose designation is changed pursuant to the provisions of this act shall be deemed to refer to the fund or account by its changed designation.

Sec. 6. This act becomes effective upon passage and approval.

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ê2025 Statutes of Nevada, Page 2694ê

CHAPTER 422, AB 375

Assembly Bill No. 375–Assemblymembers Yeager and Gurr

CHAPTER 422

[Approved: June 9, 2025]

AN ACT relating to intoxicating liquor; authorizing the board of county commissioners of a county and the governing body of an incorporated city to enact an ordinance authorizing certain food establishments to sell or deliver alcoholic beverages for consumption off the premises of the establishment under certain circumstances; requiring the Department of Taxation to adopt regulations imposing a surcharge on such sales; revising provisions relating to craft distilleries; designating the Picon Punch as the official state drink of the State of Nevada; expanding the functions of the Ignition Interlock Program established by the Director of the Department of Public Safety; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law authorizes certain establishments to sell alcoholic beverages by the drink for consumption on the premises of the establishment. (NRS 369.090, 369.620) Existing law also authorizes a retail liquor store, or a delivery support service acting on behalf of a retail liquor store, to deliver liquor, in its original package, to a consumer in connection with a retail sale of such liquor under certain circumstances. (NRS 369.489)

Section 1 of this bill defines “covered food establishment” to mean, in general, a food establishment that prepares and serves food on the premises and which is licensed to sell at retail alcoholic beverages for consumption on the premises. Section 1 authorizes the board of county commissioners of a county or the governing body of an incorporated city to enact an ordinance authorizing, under such conditions as may be imposed by the ordinance, a covered food establishment to sell at retail an alcoholic beverage in a container sealed by the establishment for consumption off the premises of the establishment. Section 1 also authorizes the ordinance to authorize a covered food establishment, or a delivery support service acting on behalf of such an establishment, to deliver alcoholic beverages in a container sealed by the establishment to a consumer in connection with the retail sale of such an alcoholic beverage. Sections 1 and 2 of this bill exempt such deliveries from certain provisions of law governing the transport of liquor.

Existing law requires the Director of the Department of Public Safety to establish the Ignition Interlock Program. Existing law creates the Account for the Ignition Interlock Program. Permissible uses of money in the Account include treatment assistance, outreach programs, educational programs and training and enforcement activities relating to driving under the influence of alcohol or a prohibited substance. (NRS 484C.454) Section 5.5 of this bill changes the name of the Program to the Ignition Interlock and DUI Reduction Program and expands the purposes for which money in the Account may be used.

Section 1 requires the Department of Taxation to adopt regulations that provide for the imposition and collection of a surcharge, not to exceed 50 cents for each retail sale of an alcoholic beverage pursuant to section 1. Section 1 requires the revenues collected from the surcharge to be distributed: (1) to the Department in an amount determined to be necessary by the Department to pay the costs of the Department in carrying out the provisions of section 1, which must not exceed $250,000 each year; and (2) if any money remains, to the Account for the Ignition Interlock and DUI Reduction Program to be used for the purposes for which the money in the Account is used.

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ê2025 Statutes of Nevada, Page 2695 (CHAPTER 422, AB 375)ê

Existing law requires the Department to prescribe by regulation certain requirements for the issuance of a permissible person’s certificate to any person or representative of any institution, school, hospital or church desiring to import liquor for industrial, medical, scientific or sacramental purposes. (NRS 369.440) Section 1.5 of this bill provides for the issuance of a permissible person’s certificate to a person who operates a craft distillery, who has a contractual right that was created before January 1, 2025, to exclusively manufacture a particular formula of distilled spirit and who is desiring to import neutral or distilled spirits for the purpose of manufacturing that distilled spirit. Section 5.7 of this bill designates such a distilled spirit manufactured by a person who has been issued a permissible person’s certificate as an “exclusive distilled spirit.”

Existing law sets forth the activities in which a person who operates a craft distillery is authorized to engage. Existing law limits the amount of distilled spirits that such a person may manufacture for exportation to another state to not more than 40,000 cases in any calendar year. (NRS 597.235) Section 5.7 authorizes a person who operates a craft distillery and who has obtained a permissible person’s certificate to manufacture an additional 40,000 cases of an exclusive distilled spirit of the person for exportation to another state.

Existing law requires a person who operates a craft distillery to ensure that none of the spirits manufactured at the craft distillery are derived from neutral or distilled spirits manufactured by another manufacturer. (NRS 597.235) Section 5.7 authorizes a person who operates a craft distillery and who has obtained a permissible person’s certificate to manufacture an exclusive distilled spirit of the person using neutral or distilled spirits manufactured by another manufacturer.

Existing law establishes various symbols of the State of Nevada. (NRS 235.020-235.140) Section 5 of this bill designates the traditional Basque drink known as the Picon Punch as the official state drink of the State of Nevada.

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

1. The board of county commissioners of a county and the governing body of an incorporated city may enact an ordinance authorizing, under such conditions as may be imposed by the ordinance:

(a) A covered food establishment to sell at retail an alcoholic beverage in a container sealed by the covered food establishment for consumption off the premises; and

(b) A covered food establishment, or a delivery support service acting on behalf of an establishment, to deliver an alcoholic beverage in a container sealed by the covered food establishment to a consumer in this State in connection with a retail sale of such an alcoholic beverage.

2. The Department shall adopt regulations that provide for the imposition and collection of a surcharge, not to exceed 50 cents for each retail sale of an alcoholic beverage pursuant to subsection 1. The revenues collected from the surcharge must be distributed:

(a) To the Department in an amount determined to be necessary by the Department to pay the costs of the Department in carrying out the provisions of this section, which must not exceed $250,000 each year; and

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ê2025 Statutes of Nevada, Page 2696 (CHAPTER 422, AB 375)ê

(b) If any money remains after the revenues are distributed pursuant to paragraph (a), to the Account for the Ignition Interlock and DUI Reduction Program created by NRS 484C.454 to be used for the purposes specified in that section.

3. Except as otherwise provided in an ordinance enacted pursuant to subsection 1, the provisions of this chapter governing the transport of liquor, including, without limitation, the provisions which authorize the transport of liquor for delivery only by a person who holds a license issued under this chapter, do not apply to a delivery made pursuant to an ordinance enacted pursuant to subsection 1.

4. The provisions of this section do not:

(a) Require the Commission on Postsecondary Education created by NRS 394.383 to alter the curriculum developed pursuant to NRS 369.625 or any requirements relating to the certification of an alcoholic beverage awareness program pursuant to that section.

(b) Abrogate, alter or otherwise affect any requirement set forth in NRS 369.489 or the regulations adopted pursuant thereto governing the delivery of liquor in its original package by a retail liquor store or a delivery support service acting on behalf of a retail liquor store.

5. As used in this section:

(a) “Alcoholic beverage” has the meaning ascribed to it in NRS 202.015.

(b) “Covered food establishment” means a food establishment, as defined in NRS 446.020, that:

(1) Prepares and serves food on the premises for consumption on or off the premises; and

(2) Is licensed to sell at retail alcoholic beverages for consumption on the premises.

Sec. 1.5. NRS 369.440 is hereby amended to read as follows:

369.440 By regulation, the Department shall prescribe the form of and conditions for obtaining a permissible person’s certificate, which [shall] must be printed and distributed on request to [any] :

1. Any person or representative of any institution, school, hospital, or church desiring to import liquor for industrial, medical, scientific or sacramental purposes.

2. Any person who operates a craft distillery pursuant to NRS 597.235, who has a contractual right that was created before January 1, 2025, to exclusively manufacture a particular formula of distilled spirit and who is desiring to import neutral or distilled spirits for the purpose of manufacturing that distilled spirit.

Sec. 2. NRS 369.490 is hereby amended to read as follows:

369.490 1. Except as otherwise provided in subsection 2 and NRS 369.176 and 369.489, and section 1 of this act, a person shall not directly or indirectly, himself or herself or by his or her clerk, agent or employee, offer, keep or possess for sale, furnish or sell, or solicit the purchase or sale of any liquor in this State, or transport or import or cause to be transported or imported any liquor in or into this State for delivery, storage, use or sale therein, unless the person:

(a) Has complied fully with the provisions of this chapter;

(b) Holds an appropriate, valid license, permit or certificate issued by the Department; and

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ê2025 Statutes of Nevada, Page 2697 (CHAPTER 422, AB 375)ê

(c) Has been duly designated by the supplier of that liquor pursuant to NRS 369.386 or purchased the liquor in compliance with NRS 369.486.

2. Except as otherwise provided in subsection 3, the provisions of this chapter do not apply to a person:

(a) Entering this State with a quantity of alcoholic beverage for household or personal use which is exempt from federal import duty;

(b) Entering this State with 1 gallon or less of alcoholic beverage per month from another state for his or her own household or personal use;

(1) Is a resident of this State;

(2) Is 21 years of age or older; and

(3) Imports 12 cases or less of wine per year for his or her own household or personal use; or

(d) Who is lawfully in possession of wine produced on the premises of an instructional wine-making facility for his or her own household or personal use and who is acting in a manner authorized by NRS 597.245.

3. The provisions of subsection 2 do not apply to a supplier, wholesaler or retailer while he or she is acting in his or her professional capacity.

4. A person who accepts wine shipped into this State pursuant to paragraph (c) of subsection 2 must be 21 years of age or older.

Secs. 3 and 4. (Deleted by amendment.)

Sec. 5. Chapter 235 of NRS is hereby amended by adding thereto a new section to read as follows:

The traditional Basque drink known as the Picon Punch is hereby designated as the official state drink of the State of Nevada.

Sec. 5.5. NRS 484C.454 is hereby amended to read as follows:

484C.454 1. The Director of the Department of Public Safety shall:

(a) Establish the Ignition Interlock and DUI Reduction Program; and

(b) Adopt rules and regulations which are necessary to carry out the Program.

2. The Director may contract for the provision of services necessary for the Program.

3. The Account for the Ignition Interlock and DUI Reduction Program is hereby created as a special account in the State Highway Fund. The Director, or his or her designee, shall administer the Account.

4. The Account must be funded through the fees established by regulation pursuant to subsection 7 [.] and the revenues from the surcharge imposed pursuant to section 1 of this act. The money in the Account may only be used to pay the expenses of the Program, including, without limitation:

(a) Enforcement activities relating to driving under the influence of alcohol or a prohibited substance [;] , including, without limitation, the conducting of any testing necessary to determine whether a person is driving under the influence of alcohol or a prohibited substance;

(b) The creation [and maintenance of a case management statistical tracking system;] and support of information systems and systems for the collection of data relating to driving under the influence of alcohol or a prohibited substance;

(d) Treatment assistance;

(e) Educational programs and training for law enforcement officers; and

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ê2025 Statutes of Nevada, Page 2698 (CHAPTER 422, AB 375)ê

(f) Outreach programs.

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

6. Any money remaining in the Account at the end of each fiscal year does not revert to the State Highway Fund but must be carried over into the next fiscal year.

7. The Department of Public Safety shall adopt regulations to establish a fee schedule that includes reasonable fees for:

(a) The certification of manufacturers and vendors of ignition interlock devices;

(b) The annual recertification of manufacturers and vendors of ignition interlock devices;

(d) The installation of an ignition interlock device by manufacturers and vendors of ignition interlock devices; and

(e) Repeat violations relating to an ignition interlock device.

Sec. 5.7. NRS 597.235 is hereby amended to read as follows:

597.235 1. A person may operate a craft distillery if the person:

(a) Obtains a license for the facility pursuant to chapter 369 of NRS;

(b) Complies with the requirements of this chapter; and

2. A person who operates a craft distillery pursuant to this section may:

(a) In addition to manufacturing spirits from agricultural raw materials through distillation, blend, age, store and bottle the spirits so manufactured. [The] Except as otherwise provided in this paragraph, the person operating the craft distillery shall ensure that none of the spirits manufactured at the craft distillery are derived from neutral or distilled spirits manufactured by another manufacturer. If the person operating the craft distillery has obtained a permissible person’s certificate pursuant to subsection 2 of NRS 369.440, the person may manufacture an exclusive distilled spirit of the person using neutral or distilled spirits manufactured by another manufacturer.

(b) Except as otherwise provided in paragraphs (f) and (g), in any calendar year, sell and transport in Nevada not more than a combined total of 10,000 cases of spirits , including, without limitation, an exclusive distilled spirit, at all the craft distilleries that the person operates to a person who holds a license to engage in business as a wholesale dealer of liquor pursuant to chapter 369 of NRS.

(1) Except as otherwise provided in subparagraph (2), not more than a combined total of 40,000 cases of spirits at all the craft distilleries the person operates [.] ; and

(2) In addition to the cases of spirits authorized by subparagraph (1), if the person operating the craft distillery has obtained a permissible person’s certificate pursuant to subsection 2 of NRS 369.440, not more than a combined total of 40,000 cases of an exclusive distilled spirit of the person at all the craft distilleries the person operates.

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ê2025 Statutes of Nevada, Page 2699 (CHAPTER 422, AB 375)ê

(d) On the premises of the craft distillery, serve samples of the spirits manufactured at the craft distillery [.] , including, without limitation, an exclusive distilled spirit. Any such samples must not exceed, per person, per day, 4 fluid ounces in volume.

(e) On the premises of the craft distillery, sell the spirits manufactured at the craft distillery , including, without limitation, an exclusive distilled spirit, at retail for consumption on or off the premises. Any such spirits sold at retail for off-premises consumption must not exceed, per person, per month, 1 case of spirits and not exceed, per person, per year, 6 cases of spirits. Spirits purchased on the premises of a craft distillery must not be resold by the purchaser or any retail liquor store.

(f) Donate for charitable or nonprofit purposes and transport neutral or distilled spirits manufactured at the craft distillery , including, without limitation, an exclusive distilled spirit, in accordance with the terms and conditions of a special permit for the transportation of the neutral or distilled spirits obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.

(g) Transfer in bulk neutral or distilled spirits manufactured at the craft distillery , including, without limitation, an exclusive distilled spirit, to a supplier. Any such transfer:

(1) Is taxable only when the neutral or distilled spirits are rectified and bottled in original packages for sale within this State; and

(2) Is not a sale for the purposes of paragraph (b) or manufacturing for exportation for the purposes of paragraph (c).

3. As used in this section, “exclusive distilled spirit” means a distilled spirit:

(a) That is manufactured by a person who holds a permissible person’s certificate obtained pursuant to subsection 2 of NRS 369.440; and

(b) Whose particular formula the person has a contractual right created before January 1, 2025 to manufacture.

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

2. Sections 1 to 4, inclusive, 5.5 and 5.7 of this act become effective:

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

(b) On October 1, 2025, for all other purposes.

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ê2025 Statutes of Nevada, Page 2700ê

CHAPTER 423, AB 376

Assembly Bill No. 376–Assemblymembers O’Neill, Gray, Dickman, DeLong; and Gallant

Joint Sponsor: Senator Buck

CHAPTER 423

[Approved: June 9, 2025]

AN ACT relating to insurance; requiring the Commissioner of Insurance to establish and administer the Regulatory Experimentation Program for Insurance Product Innovation; setting forth requirements for the operation of the Program; authorizing certain property insurers to file a proposed increase in a rate for certain lines of insurance through a program of flex-rated filing; revising requirements relating to insurance coverage for the peril of wildfire; revising certain requirements for reciprocal insurers; revising provisions relating to captive insurers; revising requirements relating to insurance coverage for common-interest communities; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires the Commissioner of Insurance to regulate insurance in this State and enforce the provisions of the Nevada Insurance Code. (NRS 679B.120) Section 9 of this bill requires the Commissioner to establish and administer the Regulatory Experimentation Program for Insurance Product Innovation, which is a 4-year program to enable an authorized insurer who offers at least one insurance product that provides property insurance coverage for real or personal property located in this State outside of the Program to test a qualified insurance product in this State without complying with certain provisions of the Nevada Insurance Code or certain regulations adopted pursuant thereto that would otherwise be required outside of the Program. Section 7 of this bill defines “qualified insurance product” to mean an insurance product that provides property insurance coverage for real or personal property located in this State.

Section 12 of this bill sets forth the process by which an authorized insurer may apply to participate in the Program. Section 12 requires the application of the applicant to include, among other information, an explanation of any exemption from the provisions of the Nevada Insurance Code or the regulations adopted pursuant thereto that the applicant is requesting. Section 13 of this bill requires the Commissioner to approve or deny an application within 90 days after the completed application is received. Section 14 of this bill requires the Commissioner to provide written notice of the approval or denial of an application. Under section 15 of this bill, if an application is approved, the qualified insurance product offered or provided through the Program, with certain exceptions, is exempt from the provisions of the Nevada Insurance Code and the regulations adopted pursuant thereto for which an exemption was requested in the application to participate in the Program. Section 15 also limits the period of testing for a qualified insurance product under the Program to 36 months, with one extension of not more than 12 months if approved by the Commissioner.

Section 10 of this bill requires the Commissioner to adopt regulations to carry out the Program.

Section 11 of this bill requires certain disclosures to be provided before providing a consumer a qualified insurance product through the Program.

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Section 16 of this bill sets forth certain requirements relating to the retention of records and reporting by a participant in the Program. Sections 17 and 26 of this bill set forth certain requirements concerning the confidentiality and disclosure of records relating to the Program.

Section 18 of this bill requires the Commissioner to submit a report to the Legislature concerning the Program on or before January 1, 2029.

Sections 19 and 20 of this bill authorize the Commissioner to take certain actions against a participant in the Program who commits certain violations or engages in any act or omission that the Commissioner determines is inconsistent with the health, safety or welfare of consumers or the public generally.

Sections 3-8 of this bill define certain words and terms relating to the Program.

Under existing law, with certain exceptions, insurers and certain rate service organizations are required to file with the Commissioner all rates and proposed increases thereto, as well as the forms of policies to which the rates apply, supplementary rate information and any changes or amendments to the rates. Existing law requires that such a filing be filed not less than 30 days before the proposed effective date of the filing, with certain exceptions. (NRS 686B.070) Existing law sets forth procedures by which the Commissioner is required to approve or disapprove a proposed increase or decrease in a rate for any kind or line of insurance, other than certain health plans. (NRS 686B.110)

Sections 20.3 and 21 of this bill provide an alternative method by which certain insurers may make a filing for a proposed increase in a rate for certain types of insurance. Section 20.3 requires the Commissioner to establish a program of flex-rated filing to allow an insurer that issues certain lines of property insurance to make a filing for that line of insurance if the proposed increase does not exceed certain thresholds established by the Commissioner and certain other requirements are met. Section 20.3 sets forth certain requirements for making a filing for a proposed increase in a rate to qualify to be filed under the program of flex-rated filing. If the Commissioner finds, within 15 days after the filing is made, that the filing fails to meet such requirements, section 20.3 authorizes the Commissioner to treat the filing in the same manner as other proposed increases in a rate filed outside the program of flex-rated filing. If the Commissioner does not make such a determination within that time, the filing is deemed to be approved. Section 20.5 of this bill applies the definitions set forth under existing law governing rate filings to the provisions of section 20.3. Section 20.7 of this bill excludes property insurance for business and commercial risks from the provisions of section 20.3.

Section 25.1 of this bill authorizes an insurer that issues a policy of property insurance to exclude the peril of wildfire from the coverage provided under the policy. Section 25.1 additionally authorizes an insurer to issue a policy of property insurance that solely covers the peril of wildfire.

Existing law sets forth various requirements and restrictions for the operation of a reciprocal insurer. (Chapter 694B of NRS) Existing law sets forth certain rules that the Commissioner is required to apply in determining the financial condition of a reciprocal insurer, including rules concerning the computation of reserves. (NRS 694B.150) Section 25.3 of this bill revises those rules concerning reserves to require instead that the reserves of a reciprocal insurer be maintained as required by section 25.2 of this bill. Section 25.2 requires a reciprocal insurer at all times to maintain an unearned premium reserve in a certain amount and sets forth the manner in which that amount must be calculated. If, at any time, the amount of the unearned premium reserve maintained by a reciprocal insurer is less than $100,000, section 25.2 requires the reciprocal insurer to maintain cash or securities acceptable to the Commissioner in an amount that, when added to the amount of the unearned premium reserve maintained, equals not less than $100,000.

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Existing law provides for the licensure and regulation of captive insurers. (Chapter 694C of NRS) Section 25.5 of this bill removes provisions prohibiting a captive insurer from directly providing homeowners’ insurance coverage. Section 25.5 authorizes an association captive insurer to insure the risks of individual homeowners who combine into an association for the purpose of procuring homeowners’ insurance or the risks of individual units’ owners in a common-interest community so long as the association captive insurer is owned by the association created by the homeowners or the unit-owners’ association, as applicable. Sections 25.4 and 25.5 of this bill authorize a sponsored captive insurer to insure the risks of individual homeowners who elect to become a participant of a protected cell of a sponsored captive insurer.

Existing law requires a unit-owners’ association in a common-interest community to maintain certain insurance coverage, including property insurance on the common elements of the community. Existing law requires such property insurance for buildings with units divided by certain boundaries to include the units to the extent reasonably available. (NRS 116.3113) Section 25.6 of this bill provides that the requirement concerning the inclusion of the units in the property insurance coverage does not apply to property insurance maintained by an association which covers the peril of wildfire and which coordinates with or subrogates individual policies of property insurance maintained by the units’ owners that cover the peril of wildfire.

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 679B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 20, inclusive, of this act.

Sec. 2. As used in sections 2 to 20, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 3. “Consumer” means any person who purchases a qualified insurance product.

Sec. 4. (Deleted by amendment.)

Sec. 5. “Participant” means an authorized insurer whose application to participate in the Program has been approved by the Commissioner pursuant to section 14 of this act.

Sec. 6. “Program” means the Regulatory Experimentation Program for Insurance Product Innovation established and administered by the Commissioner pursuant to sections 2 to 20, inclusive, of this act.

Sec. 7. “Qualified insurance product” means an insurance product that provides property insurance coverage for real or personal property located in this State, including, without limitation, any residential or commercial property.

Sec. 8. “Test” means to offer or provide a qualified insurance product through the Program.

Sec. 9. The Commissioner shall establish and administer the Regulatory Experimentation Program for Insurance Product Innovation to enable an authorized insurer who offers at least one insurance product that provides property insurance coverage for real or personal property located in this State outside of the Program to test a qualified insurance product in this State, identified in an application to participate in the Program pursuant to section 12 of this act, without complying with any provision of this title or any regulation adopted pursuant thereto except as otherwise required by the Commissioner pursuant to section 15 or 20 of this act.

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ê2025 Statutes of Nevada, Page 2703 (CHAPTER 423, AB 376)ê

provision of this title or any regulation adopted pursuant thereto except as otherwise required by the Commissioner pursuant to section 15 or 20 of this act.

Sec. 10. The Commissioner shall adopt such regulations as he or she deems necessary to carry out the provisions of sections 2 to 20, inclusive, of this act.

Sec. 11. 1. Before providing any qualified insurance product to a consumer, a participant or a producer of insurance providing the qualified insurance product shall disclose to the consumer:

(a) The name and contact information of the participant;

(b) The registration number applicable to the qualified insurance product, as issued by the Commissioner pursuant to section 15 of this act;

(c) The fact that the qualified insurance product may be exempt from certain provisions of this title and certain regulations adopted pursuant thereto, except as otherwise required by the Commissioner pursuant to section 15 or 20 of this act;

(d) The fact that the participant has been approved to provide the qualified insurance product pursuant to sections 2 to 20, inclusive, of this act but that the qualified insurance product is not endorsed or recommended by the Commissioner or any governmental agency; and

(e) The fact that the qualified insurance product is provided as part of a test and may be discontinued at or before the end of the test, with the date on which the test is expected to end.

2. The Commissioner may condition approval of an application to participate in the Program on, or require at any time thereafter, the disclosure by a participant of information relating to a qualified insurance product in addition to the disclosures required by subsection 1. The Commissioner shall give written notice to the participant of any additional disclosures required pursuant to this subsection.

3. The disclosures required by subsections 1 and 2, as applicable, must be clear and conspicuous and must be provided in English and Spanish. If the qualified insurance product is provided through an Internet website or mobile application, the consumer must acknowledge receipt of the disclosures before the completion of any transaction.

Sec. 12. 1. An authorized insurer who desires to participate in the Program to test a qualified insurance product must submit a written application in accordance with this section, in the form prescribed by the Commissioner. A separate application must be filed for each qualified insurance product proposed for testing.

2. The application must show that the applicant offers at least one insurance product that provides property insurance coverage for real or personal property located in this State outside of the Program and will at all times during the test continue to offer at least one insurance product that provides property insurance coverage for real or personal property located in this State outside of the Program.

3. The application must include:

(a) A description of the qualified insurance product proposed for testing and an explanation of:

(1) Any exemption from the provisions of this title or the regulations adopted pursuant thereto that the applicant is requesting, which must not include any provision of this chapter or chapter 686A of NRS, and a justification for each such exemption;

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(2) Any benefit of the qualified insurance product;

(3) Any risk of harm to consumers associated with the qualified insurance product; and

(4) The manner in which participation in the Program will facilitate a successful test of the qualified insurance product.

(b) A statement of the proposed plan for testing the qualified insurance product. The plan:

(1) Must include, without limitation:

(I) An estimate of the dates or periods anticipated for the test;

(II) The regions and populations of this State that the applicant will target during the test, including, without limitation, any high-risk areas of this State and any underserved regions or populations;

(III) Measures to protect consumers from harm caused by a failure of the test; and

(IV) The plan to wind up and terminate the test; and

(2) May provide for the provision of the qualified insurance product through producers of insurance acting as agents and brokers.

(d) Any other information deemed necessary by the Commissioner.

Sec. 13. 1. The Commissioner may refuse to consider any application submitted pursuant to section 12 of this act if the application does not include the information required by section 12 of this act or any other information deemed necessary by the Commissioner. The applicant shall provide, within the period directed by the Commissioner, any additional information required in connection with the application. If the required information is not provided, the application may be denied by the Commissioner as incomplete.

2. Unless the Commissioner and the applicant mutually agree to extend this period, the Commissioner shall approve or deny an application within 90 days after the completed application is received.

Sec. 14. 1. The Commissioner may approve or deny any application submitted pursuant to section 12 of this act.

2. The Commissioner shall give the applicant written notice of the approval or denial of the application within 5 business days after the date of approval or denial.

Sec. 15. 1. If an application to participate in the Program is approved pursuant to section 14 of this act:

(a) The applicant shall be deemed to be a participant.

(b) The Commissioner shall issue a registration number unique to the approval.

(c) Except as otherwise required by the Commissioner pursuant to subsection 2 or section 20 of this act, a qualified insurance product offered or provided within the scope of the Program is exempt from any provision of this title or any regulation adopted pursuant thereto for which an exemption was requested in the application pursuant to subparagraph (1) of paragraph (a) of subsection 3 of section 12 of this act. The qualified insurance product may be offered or provided by producers of insurance acting as agents and brokers, in accordance with the proposed plan for testing the qualified insurance product provided pursuant to paragraph (b) of subsection 3 of section 12 of this act.

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ê2025 Statutes of Nevada, Page 2705 (CHAPTER 423, AB 376)ê

2. The Commissioner may condition approval of an application upon compliance by the participant with one or more provisions of this title or any regulation adopted pursuant thereto for which an exemption was requested in the application pursuant to subparagraph (1) of paragraph (a) of subsection 3 of section 12 of this act.

3. A notice of approval of an application given pursuant to section 14 of this act must set forth:

(a) The registration number applicable to the approval;

(b) Any conditions imposed pursuant to subsection 2 or section 20 of this act; and

(c) Any additional information required by the Commissioner to be disclosed to consumers pursuant to subsection 2 of section 11 of this act.

4. Unless a timely request for an extension is made and approved pursuant to subsection 5, the period of testing for a qualified insurance product under the Program ends on a date determined by the Commissioner which must be not more than 36 months after the notice given pursuant to subsection 3.

5. On or before the date on which the period of testing a qualified insurance product ends, a participant may submit a request to extend the period of testing for the qualified insurance product for not more than 12 months. The Commissioner may approve or deny the request, except that only one extension of the period of testing of a qualified insurance product may be approved. In determining whether to approve or deny the request, the Commissioner shall review the request using the same criteria used to determine whether to approve an application to participate in the Program, except that the Commissioner shall consider any data produced by the testing of the product which has already been completed.

Sec. 16. 1. The Commissioner may establish by regulation periodic reporting requirements for participants in the Program.

2. On request by the Commissioner, a participant shall make any requested record, information or data available for inspection and copying by the Commissioner.

3. Each participant shall retain, for such time as the Commissioner requires by order or regulation, all records and data produced in the ordinary course of business relating to a qualified insurance product tested in the Program.

4. In addition to providing any other disclosure or notice of the unauthorized acquisition of computerized data required by any applicable statute or regulation, a participant shall promptly notify the Commissioner of any unauthorized acquisition of computerized data constituting a breach of the security of the system data, as that term is defined in NRS 603A.020.

Sec. 17. 1. Any record or information in a record submitted to or obtained by the Commissioner pursuant to sections 2 to 20, inclusive, of this act:

(a) Except as otherwise provided in this section, is confidential and not a public book or record within the meaning of NRS 239.010.

(b) May be disclosed by the Commissioner to:

(1) Any governmental agency or official; or

(2) A federal, state or county grand jury in response to a lawful subpoena.

2. Any disclosure pursuant to subsection 1 of a complaint relating to a qualified insurance product or the results of an examination, inquiry or investigation relating to a participant or qualified insurance product does not make the relevant record or information in a record a public record within the meaning of NRS 239.010 and a participant shall not disclose any such record or information to the general public except in connection with any disclosure required by law.

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investigation relating to a participant or qualified insurance product does not make the relevant record or information in a record a public record within the meaning of NRS 239.010 and a participant shall not disclose any such record or information to the general public except in connection with any disclosure required by law. A participant shall not disclose, use or refer to any comments, conclusions or results of an examination, inquiry or investigation in any communication to a consumer or potential consumer.

3. The Commissioner is immune from civil liability for any damages sustained because of a disclosure of any record or information in a record that is received or obtained pursuant to sections 2 to 20, inclusive, of this act.

4. Nothing contained in this section shall be deemed to preclude the disclosure of any record or information in a record that is admissible in evidence in any civil or criminal proceeding brought by a state or federal law enforcement agency to enforce or prosecute a civil or criminal violation of any law.

Sec. 18. 1. The Commissioner shall, on or before January 1, 2029, submit to the Director of the Legislative Counsel Bureau, for transmittal to the Legislature, a report on the operation and results of the Program.

2. The report must include:

(a) The number of applications submitted to participate in the Program, and the number of applications that were approved or denied;

(b) With respect to the applications that were denied, a description of the reasons for the denial; and

(1) A description of each qualified insurance product provided by each participant in the Program;

(2) A statement of the number of participants providing each qualified insurance product; and

(3) The number of consumers provided a qualified insurance product.

3. The report may include any other information that the Commissioner deems relevant.

Sec. 19. If the Commissioner has reasonable cause to believe that a participant has engaged in, is engaging in or threatens to engage in any act or omission in violation of any provision of sections 2 to 20, inclusive, of this act or any other applicable statute or regulation for which a civil or criminal penalty is prescribed, the Commissioner may remove the participant from the Program or order the participant to exit the Program.

Sec. 20. If the Commissioner has reasonable cause to believe that a participant has engaged in, is engaging in or threatens to engage in any act or omission that the Commissioner determines is inconsistent with the health, safety or welfare of consumers or the public generally, the Commissioner may:

1. Proceed to adopt a regulation to address the issue pursuant to section 10 of this act;

2. Require the participant to comply with one or more provisions of this title or any regulation adopted pursuant thereto;

3. Remove the participant from the Program or order the participant to exit the Program; or

4. Take any combination of those actions.

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Sec. 20.3. Chapter 686B of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Commissioner shall establish a program of flex-rated filing to allow an insurer that issues a line of property insurance that provides coverage for real property to make a filing for a proposed increase in a rate for that line of insurance under the program, in lieu of making a filing pursuant to NRS 686B.070, if the proposed increase does not exceed either of the flex-rated filing thresholds established by the Commissioner and all other requirements of this section are met.

2. To qualify for filing under the program of flex-rated filing established pursuant to this section:

(a) The filing must be limited solely to a proposed increase in a rate and must not contain changes to any supplementary rate information;

(b) The proposed increase in the rate must not exceed either of the flex-rated filing thresholds which are in effect at the time the filing is made;

(c) The proposed increase must not take effect for any existing policyholder that will be affected by the proposed increase until the date on which the policy of the policyholder is renewed; and

(d) The date on which the first existing policyholder will be affected by the proposed increase must be not earlier than 45 days after the date on which the filing is made.

3. An insurer may not make a filing for a proposed increase in a rate under the program of flex-rated filing established pursuant to this section if:

(a) The cumulative effect of the filing and all other filings filed by the insurer on the same line of insurance within the 12 months immediately preceding the proposed effective date of the proposed increase exceeds either of the flex-rated filing thresholds which are in effect on the date the filing is made; and

(b) Any policyholder that will be affected by the proposed increase has been affected by an increase filed under the program of flex-rated filing within the 12 months immediately preceding the proposed effective date of the proposed increase.

4. The Commissioner shall review each proposed increase in a rate filed under the program of flex-rated filing established pursuant to this section. If the Commissioner, within 15 days after the date on which the filing is made, finds that a proposed increase does not comply with the provisions of subsection 2 or 3 or subsection 1 of NRS 686B.050, the Commissioner shall provide notice to the insurer and subsequently treat the filing as if it were filed pursuant to NRS 686B.070. If the Commissioner has not provided the notice to the insurer within 15 days after the date on which the filing is made, the filing shall be deemed to be approved.

5. On or before June 1, 2026, the Commissioner shall establish the maximum percentage of overall rate impact and the maximum percentage of individual rate disruption for a filing for a proposed increase in a rate to qualify for filing under the program of flex-rated filing established pursuant to this section. Thereafter, on or before June 1 of any year, the Commissioner may adjust the flex-rated filing thresholds to take effect on June 1 of that year. In establishing the initial and adjusted flex-rated filing thresholds pursuant to this subsection, the Commissioner shall:

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ê2025 Statutes of Nevada, Page 2708 (CHAPTER 423, AB 376)ê

(a) Before establishing the flex-rated filing thresholds, solicit public input and hold a public hearing on the matter to consider past and future economic conditions; and

(b) Establish the maximum percentage of overall rate impact to be a percentage that is not less than 3 percent.

6. For the purposes of this section, the filing of a proposed increase in a rate under the program of flex-rated filing established pursuant to this section shall be deemed to be made on the date on which it is submitted to the Commissioner using the System for Electronic Rates and Forms Filing developed and implemented by the National Association of Insurance Commissioners or any successor system.

7. The Commissioner may adopt regulations to carry out the provisions of this section.

8. As used in this section:

(a) “Flex-rated filing threshold” means the maximum percentage of:

(1) Overall rate impact; and

(2) Individual rate disruption,

Ê that the Commissioner has established pursuant to subsection 5 for a filing for a proposed increase in a rate to qualify for filing under the program of flex-rated filing established pursuant to this section.

(b) “Individual rate disruption” means the largest percentage increase in the amount of the premiums of any single policyholder affected by a filing for a proposed increase in a rate that will occur if the proposed increase becomes effective.

(c) “Overall rate impact” means the amount, expressed as a percentage, obtained by dividing the total aggregate amount by which all premiums for all policyholders affected by a filing for a proposed increase in a rate will be increased if the proposed increase becomes effective by the total aggregate amount of all premiums for those policyholders on the day immediately preceding the proposed effective date of the proposed increase.

Sec. 20.5. NRS 686B.020 is hereby amended to read as follows:

686B.020 As used in NRS 686B.010 to 686B.1799, inclusive, and section 20.3 of this act, unless the context otherwise requires:

1. “Advisory organization,” except as limited by NRS 686B.1752, means any person or organization which is controlled by or composed of two or more insurers and which engages in activities related to rate making. For the purposes of this subsection, two or more insurers with common ownership or operating in this State under common ownership constitute a single insurer. An advisory organization does not include:

(a) A joint underwriting association;

(b) An actuarial or legal consultant; or

2. “Market segment” means any line or kind of insurance or, if it is described in general terms, any subdivision thereof or any class of risks or combination of classes.

3. “Rate service organization” means any person, other than an employee of an insurer, who assists insurers in rate making or filing by:

(a) Collecting, compiling and furnishing loss or expense statistics;

(b) Recommending, making or filing rates or supplementary rate information; or

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4. “Supplementary rate information” includes any manual or plan of rates, statistical plan, classification, rating schedule, minimum premium, policy fee, rating rule, rule of underwriting relating to rates and any other information prescribed by regulation of the Commissioner.

Sec. 20.7. NRS 686B.030 is hereby amended to read as follows:

686B.030 1. Except as otherwise provided in subsection 2 and NRS 686B.125, the provisions of NRS 686B.010 to 686B.1799, inclusive, and section 20.3 of this act apply to all kinds and lines of direct insurance written on risks or operations in this State by any insurer authorized to do business in this State, except:

(a) Ocean marine insurance;

(b) Contracts issued by fraternal benefit societies;

(d) Variable and fixed annuities;

(e) Credit accident and health insurance;

(f) Property insurance for business and commercial risks;

(g) Casualty insurance for business and commercial risks other than insurance covering the liability of a practitioner licensed pursuant to chapters 630 to 640, inclusive, of NRS or who holds a license or limited license issued pursuant to chapter 653 of NRS;

(h) Surety insurance;

(i) Health insurance offered through a group health plan maintained by a large employer; and

(j) Credit involuntary unemployment insurance.

2. The exclusions set forth in paragraphs (f) and (g) of subsection 1 extend only to issues related to the determination or approval of premium rates.

Sec. 21. NRS 686B.070 is hereby amended to read as follows:

686B.070 1. Every authorized insurer and every rate service organization licensed under NRS 686B.140 which has been designated by any insurer for the filing of rates under subsection 2 of NRS 686B.090 shall file with the Commissioner , either pursuant to this section or, if applicable, pursuant to section 20.3 of this act, all:

(a) Rates and proposed increases thereto;

(b) Forms of policies to which the rates apply;

(d) Changes and amendments thereof,

Ê made by it for use in this state.

2. A filing made pursuant to this section must include a proposed effective date and must be filed not less than 30 days before that proposed effective date, except that a filing for a proposed increase or decrease in a rate may include a request that the Commissioner authorize an effective date that is earlier than the proposed effective date.

3. If an insurer makes a filing for a proposed increase in a rate for insurance covering the liability of a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS for a breach of the practitioner’s professional duty toward a patient, the insurer shall not include in the filing any component that is directly or indirectly related to the following:

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ê2025 Statutes of Nevada, Page 2710 (CHAPTER 423, AB 376)ê

(a) Capital losses, diminished cash flow from any dividends, interest or other investment returns, or any other financial loss that is materially outside of the claims experience of the professional liability insurance industry, as determined by the Commissioner.

(b) Losses that are the result of any criminal or fraudulent activities of a director, officer or employee of the insurer.

Ê If the Commissioner determines that a filing includes any such component, the Commissioner shall, pursuant to NRS 686B.110, disapprove the proposed increase, in whole or in part, to the extent that the proposed increase relies upon such a component.

4. If an insurer makes a filing for a proposed increase in a rate for a health benefit plan, as that term is defined in NRS 687B.470, the filing must include a unified rate review template, a written description justifying the rate increase and any rate filing documentation.

5. As used in this section, “rate filing documentation,” “unified rate review template” and “written description justifying the rate increase” have the meanings ascribed in 45 C.F.R. § 154.215.

Secs. 22-25. (Deleted by amendment.)

Sec. 25.1. Chapter 691A of NRS is hereby amended by adding thereto a new section to read as follows:

1. An insurer that issues a policy of property insurance may exclude the peril of wildfire from the coverage provided under the policy.

2. An insurer may, subject to any other applicable provisions of this title, issue a policy of property insurance that solely covers the peril of wildfire. Such a policy may be offered:

(a) On a standalone basis; or

(b) In coordination with a policy that excludes the peril of wildfire pursuant to subsection 1.

3. An insurer may use a definition of “wildfire” in the policy that varies from the definition set forth in subsection 4 if the Commissioner has approved the variance.

4. As used in this section, “wildfire” means an unplanned and uncontrolled fire in an area of combustible vegetation that originated from outside any residential or commercial property.

Sec. 25.2. Chapter 694B of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in subsection 2, a reciprocal insurer shall at all times maintain an unearned premium reserve equal to not less than 50 percent of the net written premiums of the subscribers on policies that have 1 year or less to run and pro rata on those for longer periods, except that, as to marine and transportation insurance, the entire amount of premiums on trip risks not terminated shall be deemed unearned.

2. If, at any time, the amount of the unearned premium reserve maintained by a reciprocal insurer pursuant to subsection 1 is less than $100,000, the reciprocal insurer shall maintain cash or securities acceptable to the Commissioner in an amount that, when added to the amount of the unearned premium reserve maintained pursuant to subsection 1, equals not less than $100,000.

3. The amount of the bond filed with the Commissioner pursuant to NRS 694B.100 must be included as part of the unearned premium reserve maintained by a reciprocal insurer pursuant to subsection 1.

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ê2025 Statutes of Nevada, Page 2711 (CHAPTER 423, AB 376)ê

4. For the purposes of subsection 1, net written premiums is determined by subtracting from the sum of the amount of all premium payments made by the subscribers and the premiums due from subscribers:

(a) Any amount specifically provided for in the agreements of the subscribers for expenses, including, without limitation, reinsurance costs; and

(b) The amount of any fees paid to the attorney of the reciprocal insurer, only if the power of attorney agreement with the attorney of the reciprocal insurer contains an explicit provision requiring the attorney to refund any unearned subscribers’ fees on a pro-rata basis for any policy that is cancelled.

Sec. 25.3. NRS 694B.150 is hereby amended to read as follows:

694B.150 In determining the financial condition of a reciprocal insurer the Commissioner shall apply the following rules:

1. The Commissioner shall charge as liabilities the same reserves as are required of incorporated insurers issuing nonassessable policies on a reserve basis.

2. The surplus deposits of subscribers shall be allowed as assets, except that any premium deposits delinquent for 90 days shall first be charged against such surplus deposit.

3. The surplus deposits of subscribers shall not be charged as a liability.

4. All premium deposits delinquent less than 90 days shall be allowed as assets.

5. An assessment levied upon subscribers, and not collected, shall not be allowed as an asset.

6. The contingent liability of subscribers shall not be allowed as an asset.

7. [The computation of reserves shall be based upon premium deposits other than membership fees and without any deduction for expenses and the compensation of the attorney.] Reserves must be maintained as required by section 25.2 of this act.

Sec. 25.4. NRS 694C.113 is hereby amended to read as follows:

694C.113 “Participant” means a corporation, association, limited-liability company, partnership, trust, sponsor or other business organization, [and] any affiliate thereof, and a homeowner or a unit-owners’ association, as defined in NRS 116.011, that is insured by a sponsored captive insurer, where the losses of the participant are limited by a participant contract to the participant’s pro rata share of the assets of one or more protected cells identified in such participant contract.

Sec. 25.5. NRS 694C.300 is hereby amended to read as follows:

694C.300 1. Except as otherwise provided in this section, a captive insurer licensed pursuant to this chapter may transact any form of insurance described in NRS 681A.020 to 681A.080, inclusive.

2. A captive insurer licensed pursuant to this chapter:

(a) Shall not directly provide personal motor vehicle [or homeowners’] insurance coverage, or any component thereof.

(b) Shall not accept or cede reinsurance, except as otherwise provided in NRS 694C.350.

(c) May provide excess workers’ compensation insurance to its parent and affiliated companies, unless otherwise prohibited by the laws of the state in which the insurance is transacted.

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ê2025 Statutes of Nevada, Page 2712 (CHAPTER 423, AB 376)ê

(d) May reinsure workers’ compensation insurance provided pursuant to a program of self-funded insurance of its parent and affiliated companies if:

(1) The parent or affiliated company which is providing the self-funded insurance is certified as a self-insured employer by the Commissioner, if the insurance is being transacted in this State; or

(2) The program of self-funded insurance is otherwise qualified pursuant to, or in compliance with, the laws of the state in which the insurance is transacted.

3. A pure captive insurer shall not insure any risks other than those of its parent and affiliated companies or controlled unaffiliated businesses.

4. [An] Except as otherwise provided in this subsection, an association captive insurer shall not insure any risks other than those of the member organizations of its association and the affiliated companies of the member organizations. An association captive insurer may insure the risks of individual homeowners who combine into an association for the purpose of procuring homeowners’ insurance or the risks of individual units’ owners in a common-interest community so long as the association captive insurer is owned by the association created by the homeowners or the unit-owners’ association of the common-interest community, as applicable.

5. A state-chartered risk retention group shall not insure any risks other than those of the members of its association.

6. An agency captive insurer shall not insure any risks other than those of the policies that are placed by or through the insurance agency or brokerage that owns the captive insurer.

7. A rental captive insurer shall not insure any risks other than those of the policyholders or associations that have entered into agreements with the rental captive insurer for the insurance of those risks. Such agreements must be in a form which has been approved by the Commissioner.

8. A sponsored captive insurer shall not insure any risks other than those of its participants. A sponsored captive insurer may insure the risks of individual homeowners, including, without limitation, units’ owners in a common-interest community, who elect to become a participant of a protected cell of a sponsored captive insurer.

9. As used in this section [, “excess] :

(a) “Common-interest community” has the meaning ascribed to it in NRS 116.021.

(b) “Excess workers’ compensation insurance” means insurance in excess of the specified per-incident or aggregate limit, if any, established by:

[(a)] (1) The Commissioner, if the insurance is being transacted in this State; or

[(b)] (2) The chief regulatory officer for insurance in the state in which the insurance is being transacted.

(d) “Unit’s owner” has the meaning ascribed to it in NRS 116.095.

Sec. 25.6. NRS 116.3113 is hereby amended to read as follows:

116.3113 1. Commencing not later than the time of the first conveyance of a unit to a person other than a declarant, the association shall maintain, to the extent reasonably available and subject to reasonable deductibles, all of the following:

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ê2025 Statutes of Nevada, Page 2713 (CHAPTER 423, AB 376)ê

(a) Property insurance on the common elements and, in a planned community, also on property that must become common elements, insuring against risks of direct physical loss commonly insured against, which insurance, after application of any deductibles, must be not less than 80 percent of the actual cash value of the insured property at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations and other items normally excluded from property policies.

(b) Commercial general liability insurance, including insurance for medical payments, in an amount determined by the executive board but not less than any amount specified in the declaration, covering all occurrences commonly insured against for bodily injury and property damage arising out of or in connection with the use, ownership, or maintenance of the common elements and, in cooperatives, also of all units.

(c) Crime insurance which includes coverage for dishonest acts by members of the executive board and the officers, employees, agents, directors and volunteers of the association and which extends coverage to any business entity that acts as the community manager of the association and the employees of that entity. Such insurance may not contain a conviction requirement, and the minimum amount of the policy must be not less than an amount equal to 3 months of aggregate assessments on all units plus reserve funds or $5,000,000, whichever is less.

(d) Directors and officers insurance that is a nonprofit organization errors and omissions policy in a minimum aggregate amount of not less than $1,000,000 naming the association as the owner and the named insured. The coverage must extend to the members of the executive board and the officers, employees, agents, directors and volunteers of the association and to the community manager of the association and any employees thereof while acting as agents as insured persons under the policy terms. Coverage must be subject to the terms listed in the declaration.

2. [In] Except as otherwise provided in subsection 3, in the case of a building that contains units divided by horizontal boundaries described in the declaration, or vertical boundaries that comprise common walls between units, the insurance maintained under paragraph (a) of subsection 1, to the extent reasonably available, must include the units, but need not include improvements and betterments installed by units’ owners.

3. The provisions of subsection 2 do not apply to property insurance maintained by an association under paragraph (a) of subsection 1 which covers the peril of wildfire and which coordinates with or subrogates individual policies of property insurance maintained by units’ owners that cover the peril of wildfire. The provisions of this subsection do not relieve an association from compliance with any other provision of this chapter.

4. If the insurance described in subsections 1 and 2 is not reasonably available, the association promptly shall cause notice of that fact to be given to all units’ owners. The declaration may require the association to carry any other insurance, and the association may carry any other insurance it considers appropriate to protect the association or the units’ owners.

[4.] 5. An insurance policy issued to the association does not prevent a unit’s owner from obtaining insurance for the unit’s owner’s own benefit.

Sec. 25.7. (Deleted by amendment.)

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ê2025 Statutes of Nevada, Page 2714 (CHAPTER 423, AB 376)ê

Sec. 26. 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, 293.909, 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.

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ê2025 Statutes of Nevada, Page 2715 (CHAPTER 423, AB 376)ê

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 17 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.

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ê2025 Statutes of Nevada, Page 2716 (CHAPTER 423, AB 376)ê

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. 27. 1. This section becomes effective upon passage and approval.

2. Sections 25.4 to 25.7, inclusive, of this act become effective on July 1, 2025.

3. Sections 1 to 25.3, inclusive, and 26 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.

4. Sections 2 to 20, inclusive, and section 26 of this act expire by limitation on January 1, 2030.

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ê2025 Statutes of Nevada, Page 2717ê

CHAPTER 424, AB 381

Assembly Bill No. 381–Assemblymembers Hardy, Hibbetts, Marzola, Miller; Dalia, González, Jauregui, La Rue Hatch, Moore, Nadeem, Nguyen, Orentlicher, Roth and Yeager

Joint Sponsor: Senator Scheible

CHAPTER 424

[Approved: June 9, 2025]

AN ACT relating to animals; revising provisions governing the seizure of animals under certain circumstances; revising certain penalties and remedies for acts of animal cruelty; revising certain provisions governing the ownership and care of animals treated cruelly; revising provisions relating to immunity from civil liability for certain actions taken to protect or remove a pet from a motor vehicle under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires certain officers to: (1) take possession of an animal which is being treated cruelly and provide the animal with shelter and care or, with the permission of the owner, humanely destroy the animal; and (2) give to the owner a notice containing certain information. (NRS 574.055) Section 3 of this bill also authorizes an officer that takes possession of an animal to destroy the animal in a humane manner if: (1) the officer obtains an order from a court; or (2) a licensed veterinarian, veterinarian technician or euthanasia technician examines the animal and recommends that the animal be humanely destroyed.

Upon proof that proper notice has been given, existing law authorizes a court of competent jurisdiction to order the animal sold at auction, humanely destroyed or continued in the care of the officer. (NRS 574.055) Section 3 removes the authorization for a court to order the animal sold at auction.

Existing law provides that, with certain exceptions, the seizure and disposition of an animal which an officer discovers is being treated cruelly does not apply to any animal which is located on land being employed for an agricultural use. (NRS 574.055) Section 3 removes this exception.

Existing law provides that a person who engages in certain acts of torture or cruelty to animals is guilty of a misdemeanor for a first offense, except if the person: (1) willfully and maliciously engages in such an act, the person is guilty of a category D felony; or (2) commits the act to threaten, intimidate or terrorize another person, the person is guilty of a category C felony. (NRS 574.100) Section 4 of this bill provides instead that a willful and malicious violation where the act causes the death of the animal and committing the act to threaten, intimidate or terrorize another person are both a category B felony, punishable by imprisonment in the state prison for a minimum term of 1 year and a maximum term of 6 years.

Existing law prohibits the owner, possessor or person in charge or custody of a maimed, diseased, disabled or infirm animal from abandoning the animal, leaving the animal to die in certain public places or allowing the animal to lie in certain public places for more than 3 hours after the person receives notice that the animal is left disabled. A violation of this prohibition is a misdemeanor. (NRS 574.110) Existing law also prohibits a person from abandoning an animal in any other circumstance, with certain exceptions for feral cats. A violation of this prohibition is a misdemeanor that is subject to certain enhanced penalties under certain circumstances. (NRS 574.100) Section 4 prohibits the abandonment of an animal in all circumstances, with certain exceptions for feral cats. Section 15.5 of this bill repeals the existing law relating to the abandonment of a maimed, diseased, disabled or infirm animal. As a result of this change, the abandonment of an animal, regardless of the health of the animal, is subject to the same penalties and penalty enhancements.

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ê2025 Statutes of Nevada, Page 2718 (CHAPTER 424, AB 381)ê

Existing law provides that a person who engages in certain acts of torture of or cruelty to a police animal is guilty of: (1) a category D felony if the police animal is not totally disabled or killed; and (2) a category C felony if the police animal is totally disabled or killed. (NRS 574.105) Section 5 of this bill increases these penalties to a category B felony if the police animal is totally disabled or killed, punishable 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.

Existing law sets forth the applicability of certain provisions relating to cruelty to animals. (NRS 574.200) Section 6 of this bill provides that these provisions do not prohibit providing humane relief to an animal to prevent the further suffering of the animal when the animal is gravely injured.

Existing law requires that if a person is lawfully arrested for certain crimes against animals and an animal owned or possessed by the person is impounded by the county, city or other local government in connection with the arrest, the person must be notified of his or her right to request a hearing within 5 days. If the person does not request a hearing, or if the owner of the animal has not been identified within 5 days after the arrest, the county, city or other local government which impounded the animal is required to transfer ownership of the animal to an animal rescue organization, animal shelter or another person who is able to provide adequate care and shelter to the animal. (NRS 574.055, 574.203) Sections 3 and 7 of this bill require the owner to be notified of his or her right to request a hearing within 7 calendar days after receiving the notice. Sections 3 and 7 also provide that, if the arrested and detained person does not request a hearing, or the owner of the animal has not been identified within 7 calendar days after the arrest, the animal is forfeited to the county, city or other local government which took possession of the animal, who must then dispose of the animal as the county, city or other local government sees fit.

Existing law provides that the knowing, purposeful or reckless killing or injuring of an animal may be an act that constitutes domestic violence. (NRS 33.018) Existing law authorizes a court, by a temporary order, to enjoin the adverse party named in an application for an order for protection against domestic violence from: (1) physically injuring, threatening to injure or taking possession of any animal that is owned or kept by the applicant for the order or a minor child and any animal that is owned or kept by the adverse party; and (2) physically injuring or threatening to injure any animal that is owned or kept by the adverse party. Existing law further authorizes the court, by extended order, to specify arrangements for the possession and care of any animal owned or kept by the adverse party, applicant or minor child. (NRS 33.030) Section 8 of this bill authorizes the court, by temporary order, to enjoin the adverse party from taking possession of an animal that is owned or kept by the adverse party.

Existing law requires, if a child is adjudicated delinquent for an unlawful act that involves cruelty to or torture of an animal, the juvenile court to order the child to participate in counseling or other psychological treatment. (NRS 62E.680) Sections 1.9 and 9 of this bill require the juvenile court to order such a child to also undergo a psychological evaluation.

Existing law provides that if a person is convicted for an unlawful act involving animal cruelty, a court may order, as a condition of probation, the person to submit to a psychiatric evaluation and participate in counseling or therapy. (NRS 176A.416) Sections 1.9 and 11 of this bill authorize a court to also order such a person to participate in a rehabilitative or educational program.

Section 2 of this bill applies certain definitions in existing law relating to animal cruelty to the provisions of section 1.9.

Existing law prohibits a person from leaving a pet in a motor vehicle under certain circumstances. (NRS 202.487) Existing law authorizes a peace officer, an animal control officer, certain governmental officers and certain other persons to use any reasonable means necessary to protect a pet left unattended in a motor vehicle and to remove the pet from the motor vehicle without incurring civil liability, under certain circumstances. (NRS 202.487) Section 14 of this bill provides that a person who is immune from civil liability for taking such actions is also immune from criminal liability.

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ê2025 Statutes of Nevada, Page 2719 (CHAPTER 424, AB 381)ê

criminal liability. Section 14 also authorizes any other person to whom existing law does not grant immunity from civil liability to use any reasonable means necessary to protect a pet left unattended and to remove the pet from the motor vehicle without incurring civil or criminal liability if the person: (1) determines that the motor vehicle is locked or there is no other reasonable way to protect the pet or remove the pet from the vehicle; (2) reports the violation to a law enforcement agency or certain other governmental entities; (3) remains with the pet until informed that his or her presence is no longer needed by such law enforcement agency or other governmental entity; and (4) cooperates with certain persons who respond to a request for assistance.

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, 1.2, 1.4, 1.6 and 1.8. (Deleted by amendment.)

Sec. 1.9. Chapter 574 of NRS is hereby amended by adding thereto a new section to read as follows:

In addition to any other penalty or remedy imposed pursuant to NRS 574.050 to 574.200, inclusive:

1. A court may, pursuant to NRS 176A.416, order a defendant convicted of a violation of a provision of NRS 574.050 to 574.200, inclusive, as a condition of probation, to:

(a) Submit to a psychiatric evaluation;

(b) Participate in counseling or therapy; or

2. If a defendant convicted of a violation of a provision of NRS 574.050 to 574.200, inclusive, is a child adjudicated delinquent for an act that involves cruelty to or torture of an animal, the juvenile court shall, pursuant to NRS 62E.680, order the child to undergo a psychological evaluation and participate in counseling or other psychological treatment.

Sec. 2. NRS 574.050 is hereby amended to read as follows:

574.050 As used in NRS 574.050 to 574.200, inclusive [:] , and section 1.9 of this act:

1. “Animal” does not include the human race, but includes every other living creature.

2. “First responder” means a person who has successfully completed the national standard course for first responders.

3. “Police animal” means an animal which is owned or used by a state or local governmental agency and which is used by a peace officer in performing his or her duties as a peace officer.

4. “Torture” or “cruelty” includes every act, omission or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted.

Sec. 3. NRS 574.055 is hereby amended to read as follows:

574.055 Except as otherwise provided in NRS 574.201 to 574.204, inclusive:

1. Any peace officer or animal control officer shall, upon discovering any animal which is being treated cruelly, take possession of [it] the animal and [provide it] :

(a) Provide the animal with shelter and care ; or [, upon obtaining]

(b) Destroy the animal in a humane manner if:

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ê2025 Statutes of Nevada, Page 2720 (CHAPTER 424, AB 381)ê

(1) The officer obtains written permission from the owner of the animal [, may destroy it in a humane manner.] ;

(2) The officer obtains an order from a court; or

(3) A veterinarian, veterinarian technician or euthanasia technician licensed pursuant to chapter 638 of NRS examines the animal and recommends that the animal be humanely destroyed.

2. If an officer takes possession of an animal, the officer shall give to the owner, if the owner can be found, a notice containing a written statement of the reasons for the taking, the location where the animal will be cared for and sheltered, the fact that there is a limited lien on the animal for the cost of shelter and care and , if applicable, notice of the right of the owner to request a hearing pursuant to NRS 574.203 [within] not later than [5] 7 calendar days after receipt of the notice. If the owner is not present at the taking and the officer cannot find the owner after a reasonable search, the officer shall post the notice on the property from which the officer takes the animal. If the identity and address of the owner are later determined, the notice must be mailed to the owner immediately after the determination is made.

3. An officer who takes possession of an animal pursuant to this section has a lien on the animal for the reasonable cost of care and shelter furnished to the animal and, if applicable, for its humane destruction. The lien does not extend to the cost of care and shelter for more than 2 weeks.

4. [Upon proof that] If the owner of an animal has been notified in accordance with the provisions of subsection 2 and the owner does not request a hearing pursuant to NRS 574.203 or [, if] the owner has not been found [or identified, that] not later than 7 calendar days after the required notice has been posted on the property where the animal was found, [a court of competent jurisdiction may, after providing an opportunity for a hearing, order] the animal [sold at auction, humanely destroyed or continued in the care of] is forfeited to the [officer] county, city or other local government which took possession of the animal for [such] disposition as the [officer] county, city or other local government sees fit [.

5. An officer who seizes an] , which may include, without limitation, the humane destruction of the animal or transferring ownership of the animal [pursuant] to [this section] an animal rescue organization, animal shelter or another person who is able to provide adequate care and shelter to the animal.

5. The State, political subdivisions of the State, any public officers or employees of the State or political subdivisions of the State, and any veterinarian, veterinarian technician or euthanasia technician who recommends the humane destruction of an animal pursuant to subsection 1 are not liable for any action arising out of the taking or humane destruction of the animal.

[6. The provisions of this section do not apply to any animal which is located on land being employed for an agricultural use as defined in NRS 361A.030 unless the owner of the animal or the person charged with the care of the animal is in violation of paragraph (c) of subsection 1 of NRS 574.100 and the impoundment is accomplished with the concurrence and supervision of the sheriff or the sheriff’s designee, a licensed veterinarian and the district brand inspector or the district brand inspector’s designee. In such a case, the sheriff shall direct that the impoundment occur not later than 48 hours after the veterinarian determines that a violation of paragraph (c) of subsection 1 of NRS 574.100 exists.

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ê2025 Statutes of Nevada, Page 2721 (CHAPTER 424, AB 381)ê

7. The owner of an animal impounded in accordance with the provisions of subsection 6 must, before the animal is released to the owner’s custody, pay the charges approved by the sheriff as reasonably related to the impoundment, including the charges for the animal’s food and water. If the owner is unable or refuses to pay the charges, the State Department of Agriculture shall sell the animal. The Department shall pay to the owner the proceeds of the sale remaining after deducting the charges reasonably related to the impoundment.]

Sec. 4. NRS 574.100 is hereby amended to read as follows:

574.100 1. A person shall not:

(a) Torture or unjustifiably maim, mutilate or kill:

(1) An animal kept for companionship or pleasure, whether belonging to the person or to another; or

(2) Any cat or dog;

(b) Except as otherwise provided in paragraph (a), overdrive, overload, torture, cruelly beat or unjustifiably injure, maim, mutilate or kill an animal, whether belonging to the person or to another;

(c) Deprive an animal of necessary sustenance, food or drink, or neglect or refuse to furnish it such sustenance or drink;

(d) Cause, procure or allow an animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed or to be deprived of necessary food or drink;

(e) Instigate, engage in, or in any way further an act of cruelty to any animal, or any act tending to produce such cruelty; or

(f) Abandon an animal . [in circumstances other than those prohibited in NRS 574.110.] The provisions of this paragraph do not apply to a feral cat that has been caught to provide vaccination, spaying or neutering and released back to the location where the feral cat was caught after providing the vaccination, spaying or neutering. As used in this paragraph, “feral cat” means a cat that has no apparent owner or identification and appears to be unsocialized to humans and unmanageable or otherwise demonstrates characteristics normally associated with a wild or undomesticated animal.

2. Except as otherwise provided in subsections 3 and 4 and NRS 574.210 to 574.510, inclusive, a person shall not restrain a dog:

(a) Using a tether, chain, tie, trolley or pulley system or other device that:

(1) Is less than 12 feet in length;

(2) Fails to allow the dog to move at least 12 feet or, if the device is a pulley system, fails to allow the dog to move a total of 12 feet; or

(3) Allows the dog to reach a fence or other object that may cause the dog to become injured or die by strangulation after jumping the fence or object or otherwise becoming entangled in the fence or object;

(b) Using a prong, pinch or choke collar or similar restraint; or

3. Any pen or other outdoor enclosure that is used to maintain a dog must be appropriate for the size and breed of the dog. If any property that is used by a person to maintain a dog is of insufficient size to ensure compliance by the person with the provisions of paragraph (a) of subsection 2, the person may maintain the dog unrestrained in a pen or other outdoor enclosure that complies with the provisions of this subsection.

4. The provisions of subsections 2 and 3 do not apply to a dog that is:

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ê2025 Statutes of Nevada, Page 2722 (CHAPTER 424, AB 381)ê

(a) Tethered, chained, tied, restrained or placed in a pen or enclosure by a veterinarian, as defined in NRS 574.330, during the course of the veterinarian’s practice;

(b) Being used lawfully to hunt a species of wildlife in this State during the hunting season for that species;

(d) In attendance at and participating in an exhibition, show, contest or other event in which the skill, breeding or stamina of the dog is judged or examined;

(e) Being processed into an animal shelter;

(f) Temporarily for a period of less than 1 month:

(1) Being cared for as part of a rescue operation in conjunction with an animal rescue organization; or

(2) Staying in a camping area;

(g) Living on land that is directly related to an active agricultural operation, if the restraint is reasonably necessary to ensure the safety of the dog. As used in this paragraph, “agricultural operation” means any activity that is necessary for the commercial growing and harvesting of crops or the raising of livestock or poultry;

(h) Under the direct custody or control of a person, if the person is engaged in a temporary task or activity with the dog for not more than 1 hour; or

(i) Being walked by a person using a leash.

5. A person shall not:

(a) Intentionally engage in horse tripping for sport, entertainment, competition or practice; or

(b) Knowingly organize, sponsor, promote, oversee or receive money for the admission of any person to a charreada or rodeo that includes horse tripping.

6. A person who [willfully] :

(a) Willfully and maliciously violates paragraph (a) of subsection 1:

[(a)] (1) Except as otherwise provided in [paragraph (b),] subparagraph (2) is guilty of a category D felony and shall be punished as provided in NRS 193.130.

(2) If the act caused the death of the animal, 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, and may be further punished by a fine of not more than $10,000.

(b) [If] Violates paragraph (a) of subsection 1 and commits the act [is committed] in order to threaten, intimidate or terrorize another person, is guilty of a category [C] B felony and shall be punished [as provided in NRS 193.130.] 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, and may be further punished by a fine of not more than $10,000.

7. Except as otherwise provided in subsection 6, a person who violates subsection 1, 2, 3 or 5:

(a) For the first offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:

(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and

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ê2025 Statutes of Nevada, Page 2723 (CHAPTER 424, AB 381)ê

(2) Perform not less than 48 hours, but not more than 120 hours, of community service.

Ê The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur either at a time when the person is not required to be at the person’s place of employment or on a weekend.

(b) For the second offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:

(1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and

(2) Perform not less than 100 hours, but not more than 200 hours, of community service.

Ê The person shall be further punished by a fine of not less than $500, but not more than $1,000.

(c) For the third and any subsequent offense within the immediately preceding 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

8. In addition to any other fine or penalty provided in subsection 6 or 7, a court shall order a person convicted of violating subsection 1, 2, 3 or 5 to pay restitution for all costs associated with the care and impoundment of any mistreated animal under subsection 1, 2, 3 or 5 including, without limitation, money expended for veterinary treatment, feed and housing.

9. The court may order the person convicted of violating subsection 1, 2, 3 or 5 to surrender ownership or possession of the mistreated animal.

10. The provisions of this section do not apply with respect to an injury to or the death of an animal that occurs accidentally in the normal course of:

(a) Carrying out the activities of a rodeo or livestock show; or

(b) Operating a ranch.

11. As used in this section, “horse tripping” means the roping of the legs of or otherwise using a wire, pole, stick, rope or other object to intentionally trip or intentionally cause a horse, mule, burro, ass or other animal of the equine species to fall. The term does not include:

(a) Tripping such an animal to provide medical or other health care for the animal; or

(b) Catching such an animal by the legs and then releasing it as part of a horse roping event for which a permit has been issued by the local government where the event is conducted.

Sec. 5. NRS 574.105 is hereby amended to read as follows:

574.105 1. A person shall not willfully and maliciously:

(a) Taunt, torment, tease, beat, strike or administer a desensitizing drug, chemical or substance to a police animal;

(b) Interfere with a police animal or a handler thereof in the performance of duties assigned to the police animal or handler; or

2. A person who violates:

(a) Paragraph (a) or (b) of subsection 1 is guilty of a category D felony and shall be punished as provided in NRS 193.130.

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ê2025 Statutes of Nevada, Page 2724 (CHAPTER 424, AB 381)ê

(b) Paragraph (c) of subsection 1 is guilty of:

(1) If the police animal is not totally disabled or killed, a category D felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $10,000.

(2) If the police animal is totally disabled or killed, a category [C] B felony and shall be punished [as provided in NRS 193.130.] 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, and may be further punished by a fine of not more than $10,000. In addition to the punishment imposed pursuant to this subparagraph, the court may require a person who is punished pursuant to this subparagraph to pay restitution to the agency that owns the police animal, including, without limitation, payment for veterinary services and the cost of replacing the police animal.

3. The provisions of this section do not prohibit a euthanasia technician licensed pursuant to chapter 638 of NRS, a peace officer or a veterinarian from euthanizing a police animal in an emergency if the police animal is critically wounded and would otherwise endure undue suffering and pain.

Sec. 5.5. (Deleted by amendment.)

Sec. 6. NRS 574.200 is hereby amended to read as follows:

574.200 1. The provisions of NRS 574.050 to 574.510, inclusive, and section 1.9 of this act do not:

(a) Interfere with any of the fish and game laws contained in title 45 of NRS or any laws for the destruction of certain birds.

(b) Interfere with the right to destroy any venomous reptiles or animals, or any animal known as dangerous to life, limb or property.

(d) Prohibit or interfere with any properly conducted scientific experiments or investigations which are performed under the authority of the faculty of some regularly incorporated medical college or university of this State.

(e) Interfere with any scientific or physiological experiments conducted or prosecuted for the advancement of science or medicine.

(f) Prohibit or interfere with established methods of animal husbandry, including the raising, handling, feeding, housing and transporting of livestock or farm animals.

(g) Prohibit providing humane relief to an animal to prevent the further suffering of the animal when the animal is gravely injured.

2. Nothing contained in subsection 1 shall be deemed to exclude a research facility from the provisions of NRS 574.205.

Sec. 7. NRS 574.203 is hereby amended to read as follows:

574.203 1. If a person is lawfully arrested for a violation of NRS 574.070 or 574.100 and if an animal owned or possessed by the person is impounded by the county, city or other local government in connection with the arrest, the person must be notified in accordance with the provisions of subsection 2 of NRS 574.055 and be notified of his or her right to request a hearing within [5] 7 calendar days after receipt of the notice to determine whether the person is the owner of the animal and whether the person is able to provide adequate care and shelter to the animal. The person must request a hearing pursuant to this subsection within [5] 7 calendar days after receipt of the notice pursuant to this subsection.

2. If a person who is lawfully arrested and detained for a violation of NRS 574.070 or 574.100 does not request a hearing pursuant to subsection 1, or an owner of the animal has not been identified within [5] 7 calendar days [of] after the arrest, the animal is forfeited to the county, city or other local government [shall transfer] which took possession of the animal for disposition as the county, city or other local government sees fit, which may include, without limitation, the humane destruction of the animal or transferring ownership of the animal to an animal rescue organization, animal shelter or another person who is able to provide adequate care and shelter to the animal.

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ê2025 Statutes of Nevada, Page 2725 (CHAPTER 424, AB 381)ê

or an owner of the animal has not been identified within [5] 7 calendar days [of] after the arrest, the animal is forfeited to the county, city or other local government [shall transfer] which took possession of the animal for disposition as the county, city or other local government sees fit, which may include, without limitation, the humane destruction of the animal or transferring ownership of the animal to an animal rescue organization, animal shelter or another person who is able to provide adequate care and shelter to the animal.

3. If the court receives a timely request pursuant to subsection 1, the court shall hold a hearing within 15 judicial days after receipt of the request to determine whether the person is the owner of an animal and whether the person is able and fit to provide adequate care and shelter to the animal.

4. For the purpose of conducting a hearing pursuant to this section, the court may consider:

(a) Testimony of the peace officer or animal control officer who took possession of or impounded the animal or other witnesses concerning the conditions under which the animal was owned or kept;

(b) Testimony and evidence related to veterinary care provided to the animal, including, without limitation, the degree or type of care provided to the animal;

(d) Testimony of witnesses concerning the history of treatment of the animal or any other animal owned or possessed by the person;

(e) Prior arrests or convictions related to subjecting an animal to an act of cruelty in violation of NRS 574.070 or 574.100; and

(f) Any other evidence which the court determines is relevant.

Sec. 8. NRS 33.030 is hereby amended to read as follows:

33.030 1. The court by a temporary order may:

(a) Enjoin the adverse party from threatening, physically injuring or harassing the applicant or minor child, either directly or through an agent;

(b) Exclude the adverse party from the applicant’s place of residence;

(c) Prohibit the adverse party from entering the residence, school or place of employment of the applicant or minor child and order the adverse party to stay away from any specified place frequented regularly by them;

(d) If it has jurisdiction under chapter 125A of NRS, grant temporary custody of the minor child to the applicant;

(e) Enjoin the adverse party from physically injuring, threatening to injure or taking possession of any animal that is owned or kept by the applicant or minor child, either directly or through an agent;

(f) Enjoin the adverse party from physically injuring or threatening to injure or taking possession of any animal that is owned or kept by the adverse party, either directly or through an agent; and

(g) Order such other relief as it deems necessary in an emergency situation.

2. The court by an extended order may grant any relief enumerated in subsection 1 and:

(a) Specify arrangements for visitation of the minor child by the adverse party and require supervision of that visitation by a third party if necessary;

(b) Specify arrangements for the possession and care of any animal owned or kept by the adverse party, applicant or minor child; and

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ê2025 Statutes of Nevada, Page 2726 (CHAPTER 424, AB 381)ê

(1) Avoid or limit communication with the applicant or minor child;

(2) Pay rent or make payments on a mortgage on the applicant’s place of residence;

(3) Pay for the support of the applicant or minor child, including, without limitation, support of a minor child for whom a guardian has been appointed pursuant to chapter 159A of NRS or a minor child who has been placed in protective custody pursuant to chapter 432B of NRS, if the adverse party is found to have a duty to support the applicant or minor child;

(4) Pay all costs and fees incurred by the applicant in bringing the action; and

(5) Pay monetary compensation to the applicant for lost earnings and expenses incurred as a result of the applicant attending any hearing concerning an application for an extended order.

3. If an extended order is issued by a justice court, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.

4. A temporary or extended order must specify, as applicable, the county and city, if any, in which the residence, school, child care facility or other provider of child care, and place of employment of the applicant or minor child are located.

5. A temporary or extended order must provide notice that:

(a) Responding to a communication initiated by the applicant may constitute a violation of the protective order; and

(b) A person who is arrested for violating the order will not be admitted to bail sooner than 12 hours after the person’s arrest if:

(1) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;

(2) The person has previously violated a temporary or extended order for protection; or

(3) At the time of the violation or within 2 hours after the violation, the person has:

(I) A concentration of alcohol of 0.08 or more in the person’s blood or breath; or

(II) An amount of a prohibited substance in the person’s blood or urine, as applicable, that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110.

Sec. 9. NRS 62E.680 is hereby amended to read as follows:

62E.680 1. If a child is adjudicated delinquent for an unlawful act that involves cruelty to or torture of an animal, the juvenile court shall order the child to undergo a psychological evaluation and participate in counseling or other psychological treatment.

2. Except as otherwise provided in this subsection, the juvenile court shall not order the child or the parent or guardian of the child to pay the cost of the child to undergo a psychological evaluation and participate in the counseling or other psychological treatment. The juvenile court shall:

(a) To the extent possible, arrange for the child to receive such psychological evaluation and counseling or treatment from an approved provider that receives a sufficient amount of federal or state funding to offset the remainder of the costs of such psychological evaluation and counseling or treatment.

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ê2025 Statutes of Nevada, Page 2727 (CHAPTER 424, AB 381)ê

(b) Arrange for the billing of any available public or private medical insurance to pay for such psychological evaluation and counseling or treatment.

(c) Not order the parent or guardian of the child to pay the costs of such psychological evaluation and counseling or treatment unless the child receives such psychological evaluation and counseling or treatment from a provider that is not approved or the child seeks additional psychological evaluation and counseling or treatment beyond that recommended for the child, in which case the parent or guardian of the child shall pay the costs of such psychological evaluation and counseling or treatment.

3. As used in this section:

(a) “Animal” does not include the human race, but includes every other living creature.

(b) “Torture” or “cruelty” includes every act, omission or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted.

Sec. 10. (Deleted by amendment.)

Sec. 11. NRS 176A.416 is hereby amended to read as follows:

176A.416 1. As a condition of probation, the court may order a defendant who is convicted of a violation of chapter 574 of NRS that is punishable as a felony , [or] gross misdemeanor or misdemeanor to:

(a) Submit to a psychiatric evaluation; and

(b) Participate in any counseling , [or] therapy , rehabilitative program or educational program recommended in the evaluation.

2. The court shall order a defendant, to the extent of the defendant’s financial ability, to pay the cost for an evaluation and any counseling , [or] therapy , rehabilitative program or educational program ordered pursuant to this section.

Secs. 12 and 13. (Deleted by amendment.)

Sec. 14. NRS 202.487 is hereby amended to read as follows:

202.487 1. Except as otherwise provided in subsection [3,] 4, a person shall not allow a pet to remain unattended in a parked or standing motor vehicle if conditions, including, without limitation, extreme heat or cold, present a significant risk to the health and safety of the pet.

2. Any:

(a) Peace officer;

(b) Animal control officer;

(d) Employee or volunteer of any organized fire department; or

(e) Member of a search and rescue organization in this State that is under the direct supervision of a sheriff,

Ê who reasonably believes that a violation of this section has occurred may, without incurring civil or criminal liability, use any reasonable means necessary to protect the pet and to remove the pet from the motor vehicle.

3. A person, other than a person described in subsection 2, who reasonably believes that a violation of subsection 1 has occurred may, without incurring any civil or criminal liability, use any reasonable means necessary to protect the pet and to remove the pet from the motor vehicle, if the person:

(a) Determines that the motor vehicle is locked or there is no other reasonable way to remove the pet from the vehicle;

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ê2025 Statutes of Nevada, Page 2728 (CHAPTER 424, AB 381)ê

(b) Reports the violation of subsection 1 to a member of a law enforcement agency, a 911 emergency service, an animal control agency or a fire department and requests assistance;

(c) Remains with the pet in a safe place in close proximity to the motor vehicle until informed that his or her presence is no longer necessary by the law enforcement officer, animal control officer or other person who responds to the request for assistance made pursuant to paragraph (b); and

(d) Cooperates with any person who responds to the request for assistance made pursuant to paragraph (b).

4. The provisions of subsection 1 do not apply to:

(a) A police animal or an animal that is used by:

(1) A federal law enforcement agency to assist the agency in carrying out the duties of the agency; or

(2) A search and rescue organization in this State that is under the direction of a sheriff to assist the organization in carrying out the activities of the organization; or

(b) A dog that is under the possession or control of:

(1) An animal control officer; or

(2) A first responder during an emergency.

[4.] 5. A pet that is removed from a motor vehicle pursuant to subsection 2 or 3 shall be deemed to be an animal being treated cruelly for the purposes of NRS 574.055. A person required by NRS 574.055 to take possession of a pet removed pursuant to this section may take any action relating to the pet specified in NRS 574.055 and is entitled to any lien or immunity from liability that is applicable pursuant to that section.

[5.] 6. The provisions of this section do not:

(a) Interfere with or prohibit any activity, law or right specified in NRS 574.200; or

(b) Apply to a person who unintentionally locks a motor vehicle with a pet in the motor vehicle.

[6.] 7. A person who violates a provision of subsection 1 is guilty of a misdemeanor.

[7.] 8. As used in this section:

(a) “Animal” has the meaning ascribed to it in NRS 574.050.

(b) “First responder” has the meaning ascribed to it in NRS 574.050.

(c) “Pet” means a domesticated animal owned or possessed by a person for the purpose of pleasure or companionship and includes, without limitation, a cat or dog.

(d) “Police animal” has the meaning ascribed to it in NRS 574.050.

Sec. 15. (Deleted by amendment.)

Sec. 15.5. NRS 574.110 is hereby repealed.

Sec. 16. This act becomes effective upon passage and approval.

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ê2025 Statutes of Nevada, Page 2729ê

CHAPTER 425, AB 404

Assembly Bill No. 404–Assemblymembers Watts; Brown-May, Kasama, Nguyen and Torres-Fossett

Joint Sponsor: Senator Nguyen

CHAPTER 425

[Approved: June 9, 2025]

AN ACT relating to alcoholic beverages; authorizing a person who operates a brew pub to engage in certain activities concerning the sale of alcoholic beverages; revising provisions governing the conduct of certain investigations and hearings and the revocation and suspension of certain licenses relating to intoxicating liquor; revising the manner in which a payment from a retail liquor store to a wholesale dealer for delivery of certain alcoholic beverages must be made; requiring certain persons manufacturing liquor to preserve certain records for inspection and audit by the Department of Taxation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law provides for the licensure and operation of brew pubs in this State. (NRS 369.180, 597.230) Existing law authorizes a person who operates one or more brew pubs to sell at retail malt beverages that are: (1) manufactured on or off the premises of any of the brew pubs for consumption on the premises; and (2) manufactured and sealed in packages on the premises of any of the brew pubs for consumption off the premises. (NRS 597.230) Section 2 of this bill additionally authorizes a person who operates one or more brew pubs to sell at retail any other alcoholic beverages if the person who operates such a brew pub has obtained any license or permit required to sell alcoholic beverages at retail in the jurisdiction in which the brew pub is located and purchases all such alcoholic beverages from a licensed wholesaler. Section 2 also authorizes such a person to sell alcoholic beverages, including, without limitation, malt beverages manufactured on or off the premises of one or more of the brew pubs at, with certain exceptions, not more than two retail liquor store locations under the common control of the person if: (1) the person has obtained any license or permit required to sell alcoholic beverages at retail in the jurisdiction in which the retail liquor store location is located; (2) the person purchases all such alcoholic beverages from a licensed wholesaler; (3) for a retail liquor store location for which the person obtained any license or permit required to sell alcoholic beverages at retail on or after January 1, 2025, the retail liquor store location is not located closer than 1,000 feet to a gaming establishment; and (4) the retail liquor store location is located within the same county as the brew pub, with certain exceptions. As an exception to the limit of two retail liquor store locations set forth in section 2, section 6 of this bill provides that a person who, on March 31, 2025, holds a license to operate a brew pub and any license or permit to operate three retail liquor store locations under the common control of the person is authorized to engage in the activities authorized by section 2 at the third location so long as the license for that location is not transferred to another person or location.

Existing law: (1) prohibits a person who operates one or more brew pubs from manufacturing more than 40,000 barrels of malt beverages for all the brew pubs the person operates in this State in a calendar year; and (2) authorizes the person to manufacture and sell 20,000 barrels of malt beverages for all the brew pubs the person operates in this State provided such barrels are sold to a wholesaler located outside of this State. (NRS 597.230) Section 2 instead authorizes the person to sell the 20,000 barrels of malt beverages either to a wholesaler located outside of this State or, where allowable pursuant to applicable law, to persons residing in states outside of this State.

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ê2025 Statutes of Nevada, Page 2730 (CHAPTER 425, AB 404)ê

outside of this State. Finally, section 2 requires a person who operates a brew pub and one or more commonly controlled retail liquor store locations to comply with certain requirements of the Department of Taxation relating to the recordkeeping and reporting of manufacturing, purchases and receipts of liquor with respect to the brew pub and each retail liquor store location.

Existing law provides for the licensure of persons engaged in various activities relating to intoxicating liquor. (Chapter 369 of NRS) Existing law authorizes the board of county commissioners or the governing body of a city, as applicable, to investigate complaints against a licensee, conduct hearings and recommend to the Department of Taxation, under certain circumstances, the revocation or suspension of a license. (NRS 369.230-369.290) Sections 3.1-3.6 of this bill, in general, provide for the Department to also perform these functions in the same manner as a board of county commissioners or governing body of a city and authorize the Department to revoke or suspend a license without receiving a recommendation from a board of county commissioners or governing body of a city.

Existing law authorizes the Department, under certain circumstances, to issue a summary suspension of the license of a licensee if the Department finds that the licensee is violating any of the provisions of existing law governing intoxicating liquor. (NRS 369.280) Section 3.6 requires the Department, after issuing a summary suspension, to hold a hearing and render a decision regarding whether to issue a final order revoking or refusing to revoke the license of the licensee.

Existing law requires all persons obtaining liquor under any license or permit and all retail liquor dealers to preserve for inspection and audit by the Department of Taxation and its agents, for a period of 4 years, all invoices and lists of liquors purchased or received, specifying certain information relating to those purchases and receipts. (NRS 369.520) Section 5 of this bill additionally imposes such recordkeeping requirements on all persons manufacturing liquor.

Existing law prohibits a wholesale dealer from selling liquor to a retail liquor store under certain circumstances relating to the timing of payments for the delivery of that liquor. (NRS 369.485) Section 4 of this bill: (1) with certain exceptions, requires payment from a retail liquor store to a wholesale dealer for the delivery of beer, wine or distilled spirits to be made by electronic funds transfer; (2) requires the wholesale dealer to initiate the electronic funds transfer by initiating the withdrawal of funds from the bank account of the retail liquor store; (3) requires the electronic funds transfer to be completed not later than the expiration of the 30th day after the date of delivery of the beer, wine or distilled spirits; and (4) prohibits a wholesale dealer from paying or being required to pay, directly or indirectly, any fees incurred by the retail liquor store for such an electronic funds transfer. Section 4 also authorizes a retail liquor store to elect to pay for the delivery of beer, wine or distilled spirits by credit card. If a retail liquor store so elects, section 4 requires the retail liquor store to notify the wholesale dealer of the election. The retail liquor store is responsible for all costs associated with processing the credit card transaction. Finally, section 4 requires, at the time a wholesale dealer makes a delivery of beer, wine or distilled spirits to a retail liquor store: (1) the wholesale dealer and retail liquor store to review the invoice of the delivery for accuracy; and (2) if the invoice is accurate, the retail liquor store to sign the invoice to confirm the accuracy of the invoice.

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. (Deleted by amendment.)

Sec. 2. NRS 597.230 is hereby amended to read as follows:

597.230 1. In any county, a person may operate a brew pub:

(a) In any redevelopment area established in that county pursuant to chapter 279 of NRS;

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ê2025 Statutes of Nevada, Page 2731 (CHAPTER 425, AB 404)ê

(b) In any historic district established in that county pursuant to NRS 384.005;

(d) In any other area in the county designated by the board of county commissioners for the operation of brew pubs. In a city which is located in that county, a person may operate a brew pub in any area in the city designated by the governing body of that city for the operation of brew pubs.

Ê Except as otherwise provided in paragraph (e) of subsection 3, a person who operates one or more brew pubs may not manufacture more than 40,000 barrels of malt beverages for all the brew pubs he or she operates in this State in any calendar year.

2. The premises of any brew pub operated pursuant to this section must be conspicuously identified as a “brew pub.”

3. Except as otherwise provided in subsection 4, a person who operates one or more brew pubs pursuant to this section may, upon obtaining a license pursuant to chapter 369 of NRS and complying with any other applicable governmental requirements:

(a) Manufacture and store malt beverages on the premises of one or more of the brew pubs and:

(1) Sell and transport the malt beverages manufactured on the premises to a person holding a valid wholesale wine and liquor dealer’s license or wholesale beer dealer’s license issued pursuant to chapter 369 of NRS.

(2) Donate for charitable or nonprofit purposes and, for the purposes of the donation, transport the malt beverages manufactured on the premises in accordance with the terms and conditions of a special permit for the transportation of the malt beverages obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.

(3) Transfer in bulk the malt beverages manufactured on the premises:

(I) To a person holding a valid wholesale wine and liquor dealer’s license or wholesale beer dealer’s license issued pursuant to chapter 369 of NRS for the purpose of transferring in bulk the malt beverages to an estate distillery for the purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237; or

(II) If there is no wholesaler who is able or willing to accept and transfer in bulk the malt beverages pursuant to sub-subparagraph (I), to a person holding a valid license to operate an estate distillery issued pursuant to chapter 369 of NRS for the purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237 and must be performed in accordance with the terms and conditions of a special permit for the transportation of the malt beverages obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.

(b) Manufacture and store malt beverages on the premises of one or more of the brew pubs and transport the malt beverages manufactured on the premises to a retailer, other than a person who operates a brew pub pursuant to this section, that holds a valid license pursuant to chapter 369 of NRS for the purpose of selling the malt beverages at a special event in accordance with the terms and conditions of a special permit for the transportation of the malt beverages obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450. For the purposes of this paragraph, the person who operates one or more brew pubs shall not obtain more than 20 such special permits for the transportation of the malt beverages from the Department of Taxation pursuant to subsection 4 of NRS 369.450 within a calendar year.

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ê2025 Statutes of Nevada, Page 2732 (CHAPTER 425, AB 404)ê

special permits for the transportation of the malt beverages from the Department of Taxation pursuant to subsection 4 of NRS 369.450 within a calendar year.

(c) Sell at retail, not for resale, malt beverages manufactured on or off the premises of one or more of the brew pubs for consumption on the premises.

(d) Sell at retail, not for resale, in packages sealed on the premises of one or more of the brew pubs, malt beverages, including malt beverages in unpasteurized form, manufactured on the premises for consumption off the premises.

(e) Sell at retail alcoholic beverages other than those described in paragraph (c) if the person:

(1) Has obtained any license or permit required to sell alcoholic beverages at retail in the jurisdiction in which the brew pub is located; and

(2) Purchases all such alcoholic beverages from a licensed wholesaler in compliance with the provisions of NRS 369.487 and 369.488.

(f) Sell alcoholic beverages, including, without limitation, malt beverages manufactured on or off the premises of one or more of the brew pubs, at not more than two retail liquor store locations under the common control of the person if:

(1) The person has obtained any license or permit required to sell alcoholic beverages at retail in the jurisdiction in which the retail liquor store location is located;

(2) The person purchases all such alcoholic beverages from a licensed wholesaler in compliance with the provisions of NRS 369.487 and 369.488;

(3) For a retail liquor store location for which the person obtained any license or permit required to sell alcoholic beverages at retail on or after January 1, 2025, the retail liquor store location is not located closer than 1,000 feet to an establishment licensed pursuant to chapter 463 of NRS; and

(4) The retail liquor store location is located within the same county as the brew pub, unless the brew pub is located in a county whose population is less than 100,000.

(g) In a calendar year, in addition to the amount of malt beverages which may be manufactured pursuant to subsection 1, manufacture and sell 20,000 barrels of malt beverages for all the brew pubs he or she operates in this State provided such barrels are sold either to a wholesaler located outside of this State [,] or, where allowable pursuant to applicable law, to persons residing in states outside of this State, subject to such periodic auditing as the Department of Taxation shall require by regulation.

4. The amount of malt beverages sold pursuant to paragraphs (b), (c) and (d) of subsection 3 must not exceed a total of 5,000 barrels in any calendar year. Of the 5,000 barrels, not more than 1,000 barrels may be sold in kegs.

5. A person who operates a brew pub and one or more commonly controlled retail liquor store locations shall:

(a) Comply with the provisions of NRS 369.520 with respect to the brew pub and each commonly controlled retail liquor store location; and

(b) In addition to making any reports required pursuant to rules made by the Department of Taxation pursuant to NRS 369.360, submit to the Department of Taxation each month a report of sales of malt beverages manufactured at each brew pub and commonly controlled retail liquor store location for the immediately preceding month.

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ê2025 Statutes of Nevada, Page 2733 (CHAPTER 425, AB 404)ê

manufactured at each brew pub and commonly controlled retail liquor store location for the immediately preceding month.

Sec. 3. (Deleted by amendment.)

Sec. 3.1. NRS 369.230 is hereby amended to read as follows:

369.230 The board of county commissioners , [or] the governing body of a city [,] or the Department, as applicable, may, upon its own motion, and shall, upon the verified complaint in writing of any person, investigate the action of any licensee under this chapter . [, and] The board of county commissioners or the governing body of a city, as applicable, shall have the power to recommend the temporary suspension or permanent revocation of a license and the Department shall have the power to temporarily suspend or permanently revoke a license for any one of the following acts or omissions:

1. Misrepresentation of a material fact by the applicant in obtaining a license under this chapter;

2. If the licensee violates or causes or permits to be violated any of the provisions of this chapter;

3. If the licensee commits any act which would be sufficient ground for the denial of an application for a license under this chapter;

4. If the licensee sells liquor to a wholesaler or retailer who is not a holder of a proper license or permit at such time; or

5. If the licensee fails to pay the excise tax or any penalty in connection therewith, in whole or in part, imposed by law, or violates any regulation of the Department respecting the same.

Sec. 3.2. NRS 369.240 is hereby amended to read as follows:

369.240 1. Upon the filing with the board of county commissioners of the county in which a licensee maintains his or her principal place of business , [or with] the governing body of the city in which the licensee maintains his or her principal place of business if the licensee maintains his or her principal place of business within an incorporated city or the Department of a verified complaint charging the licensee with the commission, within 1 year prior to the date of filing the complaint, of any act which is cause for suspension or revocation of a license, the board of county commissioners , [or] the governing body [,] or the Department, as applicable, forthwith shall issue a citation directing the licensee, within 10 days after service thereof upon him or her, to appear by filing with the board of county commissioners , [or] the governing body [,] or the Department, as applicable, a verified answer to the complaint showing cause, if any he or she has, why his or her license should not be suspended or revoked. Service of the citation with a copy of the complaint shall be made upon the licensee as provided by the Nevada Rules of Civil Procedure for the service of process in civil actions.

2. Failure of the licensee to answer within the time specified shall be deemed an admission by the licensee of the commission of the act or acts charged in the complaint. Thereupon, if the verified complaint was filed with the board of county commissioners or the governing body of a city, the board or governing body, as applicable, shall give written notice of the failure of the licensee to answer to the Department. The Department forthwith shall suspend or revoke the license, as the case may be, and shall give notice of such suspension or revocation by mailing a true copy thereof, by United States registered or certified mail in a sealed envelope with postage thereon fully prepaid, addressed to the licensee at his or her latest address of record in the office of the Department.

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ê2025 Statutes of Nevada, Page 2734 (CHAPTER 425, AB 404)ê

Sec. 3.3. NRS 369.250 is hereby amended to read as follows:

369.250 Upon the filing of the answer, the board of county commissioners , [or] the governing body of a city [,] or the Department, as applicable, shall fix a time and place for a hearing and give the licensee and the complainant not less than 5 days’ notice thereof. The notice may be served by depositing in the United States mail a true copy of the notice enclosed in a sealed envelope with postage thereon fully prepaid, addressed to the licensee and to the complainant, respectively, at their last known addresses. With the notice to the complainant there shall be attached or enclosed a copy of the answer. If either party has appeared by counsel the notice shall be given, in like manner, to counsel instead of to the party.

Sec. 3.4. NRS 369.260 is hereby amended to read as follows:

369.260 1. Upon the hearing, the board of county commissioners , [or] the governing body of a city [,] or the Department, as applicable, shall hear all relevant and competent evidence offered by the complainant and by the licensee.

2. After the hearing is concluded and the matter submitted, [the board of county commissioners or the governing body of a city, as applicable, shall,] within 10 days after such submission and within 60 days after the date of service of the citation issued pursuant to NRS 369.240 [,] :

(a) If the hearing was held before the board of county commissioners or the governing body of a city, the board or governing body, as applicable, shall render its decision in writing recommending the suspension or revocation of the license, or [dismissing] the dismissal of the complaint, with a statement of the board’s or the governing body’s reasons therefor.

(b) If the hearing was held before the Department, the Department shall render its decision in writing suspending or revoking the license, or dismissing the complaint, with a statement of the Department’s reasons therefor.

3. The board of county commissioners , [or] the governing body of a city [,] or the Department, as applicable, shall give to the complainant and to the licensee, or their respective attorneys, notice of [such recommendation,] the decision rendered pursuant to subsection 2 by mail, in the same manner as prescribed in this chapter for the giving of notice of hearing.

4. A copy of [the] a decision of the board of county commissioners or the governing body of a city recommending the suspension or revocation of a license rendered pursuant to subsection 2 shall be transmitted forthwith by the board or the governing body, as applicable, to the Department. [Thereupon,] Upon receiving such a decision or upon rendering its own decision to suspend or revoke a license, the Department shall cause the license to be suspended or revoked and shall give notice thereof in the same manner as provided in NRS 369.240.

Sec. 3.5. NRS 369.270 is hereby amended to read as follows:

369.270 1. Notwithstanding any other provision of this chapter, before suspending or revoking any license, the Department, in its discretion, may:

(a) If the licensee has not appeared pursuant to the provisions of NRS 369.240, permit the licensee to appear before the board of county commissioners , [or] the governing body of a city [,] or the Department, as applicable, and make a showing on his or her behalf if it is made to appear to the Department that the licensee’s neglect to appear before the board of county commissioners , [or] the governing body or the Department was excusable.

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ê2025 Statutes of Nevada, Page 2735 (CHAPTER 425, AB 404)ê

(b) If a hearing was had [,] before the board of county commissioners or the governing body of a city, grant the licensee a new hearing before the Department if it shall be made to appear to the Department that the decision of the board of county commissioners or the governing body of a city, as applicable, was arbitrary, unreasonable or unjust.

2. After any new hearing before the Department, the Department shall enter a final order revoking or refusing to revoke the license affected.

Sec. 3.6. NRS 369.280 is hereby amended to read as follows:

369.280 1. Notwithstanding any other provision of this chapter, the board of county commissioners or the governing body of a city, as applicable, shall have the right to suspend or revoke summarily any license in cases appearing to it to be of an aggravated and flagrant violation of law.

2. On request, in all such cases, the Department shall conduct a hearing covering the proceedings and evidence, if any, before the board of county commissioners or the governing body of a city, as applicable, and any additional evidence offered by the board of county commissioners, the governing body or the licensee.

3. The hearing before the Department shall be had on reasonable notice of time, place and subject matter to the licensee and the board of county commissioners or the governing body of a city, as applicable, and the Department shall decide the matter without delay by either confirming, modifying or setting aside the action of the board of county commissioners or the governing body, as applicable.

4. If the Department finds that a licensee is violating any of the provisions of this chapter, the Department may issue a summary suspension of the violator’s license. The Department shall notify the board of county commissioners or the governing body of a city, as applicable, of such suspension. Within 10 days after such notice the Department shall conduct a public hearing in the matter in the appropriate county or city, as applicable. The board of county commissioners or the governing body of a city, as applicable, may appear before the Department at the hearing. If the Department issues a summary suspension of a license pursuant to this subsection, the Department shall thereafter hold a hearing and render a decision regarding whether to issue a final order revoking or refusing to revoke the license affected.

Sec. 4. NRS 369.485 is hereby amended to read as follows:

369.485 1. The Legislature hereby declares:

(a) That it is a privilege to engage in the business of selling intoxicating liquor at the wholesale or retail level in this state;

(b) That the Legislature finds it necessary to impose certain restrictions on the exercise of such privilege; and

(c) That it is the policy of this state to preclude the acquisition or control of any retail liquor store by a wholesale liquor dealer.

2. As used in this section, unless the context requires otherwise:

(a) “Delinquent payment” means the failure of a retail liquor store to make payment to a wholesale dealer for liquor on or before the 15th day of the month following delivery by the wholesale dealer.

(b) “Electronic funds transfer” means the electronic transfer of money from one bank account to another, either within a single financial institution or across multiple financial institutions through computer-based systems.

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ê2025 Statutes of Nevada, Page 2736 (CHAPTER 425, AB 404)ê

(c) “Payment” means the full legal discharge of the debt by the wholesale dealer’s receipt of cash or its equivalent, including ordinary and recognized means for discharge of indebtedness excepting notes, pledges or other promises to pay at a future date. A postdated check, a check not promptly deposited for collection or a check dishonored on presentation for payment does not constitute payment.

[(c)] (d) “Payment in cash” means the full legal discharge of the debt by delivery of cash, money order, certified check or a cashier’s or similar bank officer’s check.

3. A wholesale dealer shall not:

(a) Loan any money or other thing of value to a retail liquor store.

(b) Invest money, directly or indirectly, including through a subsidiary or agent, in a retail liquor store.

(d) Participate, directly or indirectly, in the operation of the business of a retail liquor store.

(e) Sell liquor to a retail liquor store except for payment on or before delivery or on terms requiring payment by the retail liquor store before or on the 10th day of the month following delivery of such liquor to it by the wholesale dealer.

(f) Sell liquor to a retail liquor store which is delinquent in payment to such wholesale dealer except for payment in cash on or before delivery.

4. At the time a wholesale dealer makes a delivery of beer, wine or distilled spirits to a retail liquor store, the wholesale dealer and retail liquor store shall review the invoice of the delivery to verify its accuracy. If the invoice is accurate, the retail liquor store shall sign the invoice to confirm the accuracy of the invoice.

5. Except as otherwise provided in paragraph (f) of subsection 3, unless a retail liquor store elects to pay by credit card pursuant to subsection 6, payment from a retail liquor store to a wholesale dealer for the delivery of beer, wine or distilled spirits must be made by electronic funds transfer. The wholesale dealer shall initiate the electronic funds transfer by initiating the withdrawal of funds from the bank account of the retail liquor store. The electronic funds transfer must be completed not later than the expiration of the 30th day after the date of delivery of the beer, wine or distilled spirits for which the electronic funds transfer constitutes payment. A wholesale dealer shall not pay or be required to pay, directly or indirectly, any fees incurred by the retail liquor store for an electronic funds transfer made pursuant to this section.

6. A retail liquor store may elect to pay for the delivery of beer, wine or distilled spirits by credit card. If a retail liquor store elects to pay by credit card, the retail liquor store shall notify the wholesale dealer of the election. The retail liquor store is responsible for all costs associated with processing the credit card transaction.

7. On the 15th day of the month following the delivery of liquor and on the 15th day of each month thereafter, the wholesale dealer shall charge a retail liquor store which is delinquent a service charge of 1.5 percent of the amount of the unpaid balance.

[5.] 8. The Department may impose the following penalties on a wholesale dealer who violates any of the provisions of this section within any 24-month period:

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ê2025 Statutes of Nevada, Page 2737 (CHAPTER 425, AB 404)ê

(a) For the first violation a penalty of not more than $500.

(b) For the second violation a penalty of not more than $1,000.

(c) For the third and any subsequent violation a penalty of not more than $5,000 or by a license suspension, or by both such penalty and suspension.

[6.] 9. The Department may, upon its own motion, and shall, upon the verified written complaint of any wholesale dealer, investigate the possible violation of any of the provisions of this section by any wholesale dealer.

Sec. 5. NRS 369.520 is hereby amended to read as follows:

369.520 All persons obtaining or manufacturing liquor under any license or permit and all retail liquor dealers shall preserve for inspection and audit by the Department and its agents, for a period of 4 years, all invoices and lists of liquors purchased , manufactured or received, specifying:

1. Kind and quantity of liquor.

2. [Names] For liquors purchased or received, names of persons from whom received.

3. Place and date.

Sec. 6. Notwithstanding the provisions of paragraph (f) of subsection 3 of NRS 597.230 as amended by section 2 of this act, a person who, on March 31, 2025, holds a license issued pursuant to chapter 369 of NRS to operate one or more brew pubs and any license or permit required to operate three retail liquor store locations under the common control of the person may engage in the activities authorized by paragraph (f) of subsection 3 of NRS 597.230 as amended by section 2 of this act at the third retail liquor store location so long as the license or permit to operate that location is not transferred to another person or location.

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CHAPTER 426, AB 405

Assembly Bill No. 405–Assemblymembers Flanagan, González, La Rue Hatch, Moore; Considine, D’Silva, Jackson, Karris and Orentlicher

CHAPTER 426

[Approved: June 9, 2025]

AN ACT relating to agriculture; directing the Council on Food Security to conduct a study during the 2025-2026 interim to evaluate food insecurity in this State and develop strategies to coordinate statewide efforts to address food insecurity; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires the Director of the State Department of Agriculture to establish certain programs relating to the supply of food in this State, including the Supplemental Food Program and the Home Feeds Nevada Agriculture Food Purchase Program. (NRS 561.495, 561.515) Existing law further sets forth various provisions to encourage the development of community gardens and urban farms in this State which: (1) require certain entities, including the Council on Food Security within the Department of Health and Human Services, to promote or encourage such development; (2) authorize certain entities to use or lease certain land for the purpose of community gardening or urban farming; and (3) authorize a partial abatement of certain taxes for a parcel on which a community garden or urban farm is located. (NRS 232.4966, 232.4968, 244.291, 244.339, 268.0191, 408.507, 528.135)

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ê2025 Statutes of Nevada, Page 2738 (CHAPTER 426, AB 405)ê

This bill directs the Council to conduct a study to evaluate food insecurity in this State and develop strategies to coordinate statewide efforts to address food insecurity which must include, without limitation: (1) an evaluation of the existing laws and policies in this State that are designed to address food insecurity; (2) the identification of areas in this State where community gardens or urban farms could be developed to reduce levels of food insecurity; (3) a study of the coordination of the efforts of certain entities to reduce food insecurity; and (4) recommendations for strategies to reduce food insecurity through the coordination of the efforts of certain entities. This bill further requires the Council to prepare and submit a written report of the results of the study to the: (1) Director of the State Department of Agriculture; and (2) Director of the Legislative Counsel Bureau for transmittal to the 84th Session of the Legislature.

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. (Deleted by amendment.)

Sec. 2. 1. During the 2025-2026 interim, the Council on Food Security created by NRS 232.4966 shall conduct a study to evaluate food insecurity in this State and develop strategies to coordinate statewide efforts to address food insecurity. The study must include, without limitation:

(a) An evaluation of the existing laws and policies in this State that are designed to address food insecurity;

(b) An identification of areas in this State where community gardens or urban farms could be developed to reduce levels of food insecurity;

(c) A study of the coordination of the efforts of the State Government, local governments and private organizations to reduce food insecurity in this State; and

(d) Recommendations for strategies to reduce food insecurity in this State through the coordination of the efforts of the State Government, local governments and private organizations that the Council determines are appropriate.

2. On or before December 1, 2026, the Council shall prepare and submit a written report of the results of the study conducted pursuant to this section to the:

(a) Director of the State Department of Agriculture; and

(b) Director of the Legislative Counsel Bureau for transmittal to the 84th Session of the Legislature.

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ê2025 Statutes of Nevada, Page 2739ê

CHAPTER 427, AB 444

Assembly Bill No. 444–Assemblymember Hafen

Joint Sponsor: Senator Neal

CHAPTER 427

[Approved: June 9, 2025]

AN ACT relating to governmental administration; revising provisions relating to the adoption of regulations by certain agencies of the Executive Department of the State Government; revising provisions relating to the adoption by a governing body of a local government of certain ordinances or the taking of certain actions relating to fees paid by businesses; revising provisions relating to impact fees; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

The Nevada Administrative Procedure Act establishes procedural requirements for the adoption of administrative regulations by agencies, officers and employees of the Executive Department of the State Government, with certain exceptions. (NRS 233B.010-233B.120) Under the Act, such state agencies, officers and employees are required to take certain actions to determine the impact of a proposed regulation on for-profit businesses that employ less than 150 employees before adopting a regulation that is likely to impose a direct and significant economic burden upon such a small business or that directly restricts the formation, operation or expansion of such a small business. (NRS 233B.0382, 233B.0608) The Act further requires that after such actions are taken, the state agency, officer or employee is required to prepare a small business impact statement and prescribes the information required to be included in the statement. (NRS 233B.0608, 233B.0609) The Act also requires that an agency, before holding an initial public hearing on a proposed regulation, conduct at least one workshop to solicit comments from interested persons on one or more general topics to be addressed in the regulation. (NRS 233B.061) Existing law also establishes procedural requirements for the adoption by a local government of a rule, which is defined in existing law to mean an ordinance and, with certain exceptions, an action taken that imposes, increases or changes the basis for the calculation of a fee that is paid by a for-profit business. (NRS 237.030-237.150) One of the procedural prerequisites for the adoption by a local government of such a rule that is likely to impose a direct and significant economic burden upon a business or directly restricts the formation, operation or expansion of a business is the notification of chambers of commerce and trade associations of the proposed rule. (NRS 237.080) Existing law requires inclusion in the business impact statement prepared by the local government regarding such a proposed rule: (1) the number of businesses likely to be affected by the proposed rule; and (2) a list of the chambers of commerce and trade associations notified of the proposed rule. (NRS 237.090) Section 1 of this bill imposes the same prerequisite of notifying chambers of commerce and trade associations on a state agency, officer or employee subject to the Nevada Administrative Procedure Act, in determining the impact of a proposed regulation on small businesses, insofar as is practicable. Section 2 of this bill similarly requires the state agency, officer or employee to include in the small business impact statement for the proposed regulation the total number of small businesses likely to be affected by the proposed regulation and a list of any chambers of commerce and trade associations notified pursuant to section 1. Section 2.5 of this bill requires an agency to notify by electronic mail chambers of commerce, trade associations or owners and officers of businesses which are likely be affected by a proposed regulation of the time and place set for a workshop to solicit comments from interested persons on one or more general topics to be addressed in the regulation.

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ê2025 Statutes of Nevada, Page 2740 (CHAPTER 427, AB 444)ê

or more general topics to be addressed in the regulation. Section 2.5 also requires an agency to maintain an electronic mailing list of local chambers of commerce, trade associations and owners and officers of businesses and to update the list not later than January 31 of each year.

Under existing law, a local government is not required to comply with the procedural requirements for adopting a rule if the local government is taking action that imposes, increases or changes the basis for the calculation of an impact fee or sales and use taxes. (NRS 237.060) Section 3 of this bill eliminates these exemptions, thereby requiring a local government to comply with those procedural requirements with respect to a proposed rule that imposes, increases or changes the basis for the calculation of an impact fee or sales and use taxes.

Existing law further provides that any action of a local government to adopt a proposed rule in violation of the requirements for adopting such a rule is void. (NRS 237.140) Section 4 of this bill clarifies that any such action is also unenforceable.

Existing law authorizes local governments to impose by ordinance impact fees to pay the cost of constructing a capital improvement or facility expansions necessitated or attributable to certain new development. (NRS 278B.160) Under existing law, a local government that wishes to impose an impact fee is required to set a public hearing to consider the land use assumptions and to provide certain notice of such a public hearing. (NRS 278B.180) Section 5 of this bill requires copies of such notice be provided, insofar as is practicable, to chambers of commerce and trade associations whose members are owners or officers of businesses that are likely to be affected by the proposed impact fee.

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 233B.0608 is hereby amended to read as follows:

233B.0608 1. Before conducting a workshop for a proposed regulation pursuant to NRS 233B.061, an agency shall make a concerted effort to determine whether the proposed regulation is likely to:

(a) Impose a direct and significant economic burden upon a small business; or

(b) Directly restrict the formation, operation or expansion of a small business.

2. If an agency determines pursuant to subsection 1 that a proposed regulation is likely to impose a direct and significant economic burden upon a small business or directly restrict the formation, operation or expansion of a small business, the agency shall:

(a) Insofar as practicable, consult with owners and officers of small businesses that are likely to be affected by the proposed regulation.

(b) Insofar as practicable, notify chambers of commerce and trade associations whose members are owners or officers of small businesses that are likely to be affected by the proposed regulation.

(c) Conduct or cause to be conducted an analysis of the likely impact of the proposed regulation on small businesses. Insofar as practicable, the analysis must be conducted by the employee of the agency who is most knowledgeable about the subject of the proposed regulation and its likely impact on small businesses or by a consultant or other independent contractor who has such knowledge and is retained by the agency.

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ê2025 Statutes of Nevada, Page 2741 (CHAPTER 427, AB 444)ê

[(c)] (d) Consider methods to reduce the impact of the proposed regulation on small businesses, including, without limitation:

(1) Simplifying the proposed regulation;

(2) Establishing different standards of compliance for a small business; and

(3) Modifying a fee or fine set forth in the regulation so that a small business is authorized to pay a lower fee or fine.

[(d)] (e) Prepare a small business impact statement and make copies of the statement available to the public not less than 15 days before the workshop conducted and the public hearing held pursuant to NRS 233B.061. A copy of the statement must accompany the notice required by subsection 2 of NRS 233B.061 and the agenda for the public hearing held pursuant to that section.

3. The agency shall prepare a statement identifying the methods used by the agency in determining the impact of a proposed regulation on a small business and the reasons for the conclusions of the agency. The director, executive head or other person who is responsible for the agency shall sign the statement certifying that, to the best of his or her knowledge or belief, a concerted effort was made to determine the impact of the proposed regulation on small businesses and that the information contained in the statement is accurate.

4. Each adopted regulation which is submitted to the Legislative Counsel pursuant to NRS 233B.067 must be accompanied by a copy of the small business impact statement and the statement made pursuant to subsection 3. If the agency revises a regulation after preparing the small business impact statement and the statement made pursuant to subsection 3, the agency must include an explanation of the revision and the effect of the change on small businesses.

Sec. 2. NRS 233B.0609 is hereby amended to read as follows:

233B.0609 1. A small business impact statement prepared pursuant to NRS 233B.0608 must set forth the following information:

(a) A description of the manner in which comment was solicited from affected small businesses, a summary of their response and an explanation of the manner in which other interested persons may obtain a copy of the summary.

(b) The total number of small businesses likely to be affected by the proposed regulation.

(c) A list of the chambers of commerce and trade associations notified of the proposed regulation pursuant to paragraph (b) of subsection 2 of NRS 233B.0608.

(d) The manner in which the analysis required pursuant to paragraph (c) of subsection 2 of NRS 233B.0608 was conducted.

[(c)] (e) The estimated economic effect of the proposed regulation on the small businesses which it is to regulate, including, without limitation:

(1) Both adverse and beneficial effects; and

(2) Both direct and indirect effects.

[(d)] (f) A description of the methods that the agency considered to reduce the impact of the proposed regulation on small businesses and a statement regarding whether the agency actually used any of those methods.

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[(e)] (g) The estimated cost to the agency for enforcement of the proposed regulation.

[(f)] (h) If the proposed regulation provides a new fee or increases an existing fee, the total annual amount the agency expects to collect and the manner in which the money will be used.

[(g)] (i) If the proposed regulation includes provisions which duplicate or are more stringent than federal, state or local standards regulating the same activity, an explanation of why such duplicative or more stringent provisions are necessary.

[(h)] (j) The reasons for the conclusions of the agency regarding the impact of a regulation on small businesses.

2. The director, executive head or other person who is responsible for the agency shall sign the small business impact statement certifying that, to the best of his or her knowledge or belief, the information contained in the statement was prepared properly and is accurate.

Sec. 2.5. NRS 233B.061 is hereby amended to read as follows:

233B.061 1. All interested persons must be afforded a reasonable opportunity to submit data, views or arguments upon a proposed regulation, orally or in writing.

2. Before holding the public hearing required pursuant to subsection 3, an agency shall conduct at least one workshop to solicit comments from interested persons on one or more general topics to be addressed in a proposed regulation, except that a workshop is not required if it is the second or subsequent hearing on the regulation. Not less than 15 days before the workshop, the agency shall provide notice of the time and place set for the workshop:

(a) In writing to each person who has requested to be placed on a mailing list; [and]

(b) By electronic mail to chambers of commerce, trade associations or owners and officers of businesses which are likely to be affected by the proposed regulation; and

(c) In any other manner reasonably calculated to provide such notice to the general public and any business that may be affected by a proposed regulation which addresses the general topics to be considered at the workshop.

3. With respect to substantive regulations, the agency shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposed regulation and requests an oral hearing, the agency may proceed immediately to act upon any written submissions. The agency shall consider fully all written and oral submissions respecting the proposed regulation.

4. An agency shall not hold the public hearing required pursuant to subsection 3 on the same day that the agency holds the workshop required pursuant to subsection 2.

5. Each workshop and public hearing required pursuant to subsections 2 and 3 must be conducted in accordance with the provisions of chapter 241 of NRS.

6. The agency shall maintain an electronic mailing list of chambers of commerce, trade associations and owners and officers of businesses. The electronic mailing list must be updated on or before January 31 of each year. The agency must provide notification pursuant to this section to each chamber of commerce and trade association by electronic mail regardless of whether the chamber of commerce or trade association has requested that it be placed on the electronic mailing list.

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each chamber of commerce and trade association by electronic mail regardless of whether the chamber of commerce or trade association has requested that it be placed on the electronic mailing list. Nothing in this section prohibits the agency from also providing notification pursuant to this section by mail.

Sec. 3. NRS 237.060 is hereby amended to read as follows:

237.060 1. “Rule” means:

(a) An ordinance by the adoption of which the governing body of a local government exercises legislative powers; and

(b) An action taken by the governing body of a local government that imposes, increases or changes the basis for the calculation of a fee that is paid in whole or in substantial part by businesses [.] , including, without limitation, an impact fee.

2. “Rule” does not include:

(a) An action taken by the governing body of a local government that imposes, increases or changes the basis for the calculation of:

(1) Special assessments imposed pursuant to chapter 271 of NRS;

(2) [Impact fees imposed pursuant to chapter 278B of NRS;

(3)] Fees for remediation imposed pursuant to chapter 540A of NRS;

[(4)] (3) Taxes ad valorem; or

[(5) Sales and use taxes; or

(6)] (4) A fee that has been negotiated pursuant to a contract between a business and a local government.

(b) An action taken by the governing body of a local government that approves, amends or augments the annual budget of the local government.

(c) An ordinance adopted by the governing body of a local government pursuant to a provision of chapter 271, 271A, 278, 278A, 278B or 350 of NRS.

(d) An ordinance adopted by or action taken by the governing body of a local government that authorizes or relates to the issuance of bonds or other evidence of debt of the local government.

Sec. 4. NRS 237.140 is hereby amended to read as follows:

237.140 Any action of the governing body of a local government to adopt a proposed rule in violation of the provisions of NRS 237.030 to 237.150, inclusive, is void [,] and unenforceable, including, without limitation, if the governing body does not comply with the provisions of subsection 3 of NRS 237.100.

Sec. 5. NRS 278B.180 is hereby amended to read as follows:

278B.180 1. A local government which wishes to impose an impact fee must set a time at least 20 days thereafter and place for a public hearing to consider the land use assumptions within the designated service area which will be used to develop the capital improvements plan.

2. The notice must be given:

(a) By publication of a copy of the notice at least once a week for 2 weeks in a newspaper of general circulation in the jurisdiction of the local government.

(b) By posting a copy of the notice at the principal office of the local government and at least three other separate, prominent places within the jurisdiction of the local government.

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(c) Insofar as practicable, by providing copies of the notice to chambers of commerce and trade associations whose members are owners and officers of businesses that are likely to be affected by the proposed impact fee.

3. Proof of publication must be by affidavit of the publisher.

4. Proof of posting must be by affidavit of the clerk or any deputy posting the notice.

5. The notice must contain:

(a) The time, date and location of the hearing;

(b) A statement that the purpose of the hearing is to consider the land use assumptions which will be used to develop a capital improvements plan for which an impact fee may be imposed;

(d) A statement that any person may appear at the hearing and present evidence for or against the land use assumptions.

________

CHAPTER 428, AB 462

Assembly Bill No. 462–Assemblymember Backus

CHAPTER 428

[Approved: June 9, 2025]

AN ACT relating to economic development; authorizing the creation of an industrial park in a contiguous area that meets certain requirements; authorizing the creation of a tax increment area and the issuance of bonds and other securities for certain projects within an inland port or industrial park; requiring the designation of a teacher or other licensed educational personnel to coordinate career pathways programs at each high school which offers such programs; creating the Career Pathways Oversight Committee; requiring the appointment of a Career Pathways Oversight Coordinator; revising provisions governing the Teacher Academy College Pathway Program; revising provisions governing the program for reimbursement of tuition and fees paid by teachers who completed the Program; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law sets forth the Inland Port Authority Act, which authorizes one or more boards of county commissioners of a county or governing bodies of an incorporated city to apply to the Office of Economic Development to create, operate and maintain an inland port and inland port authority in a contiguous area that includes certain transportation infrastructure and no residential property. (NRS 277B.150) Sections 8-15, 17 and 18 of this bill revise the Inland Port Authority Act to additionally authorize the creation, operation and maintenance of an industrial park and an industrial park authority and makes the existing provisions of the Act applicable to industrial parks and industrial park authorities. Section 8 provides that the Act may now be known and cited as the Inland Port and Industrial Park Authority Act. Section 2 of this bill defines the term “industrial park.” Section 11 requires any area designated as an “industrial park” to include only property that includes or is adjacent to an inland port.

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Section 5 of this bill authorizes a participating entity in an inland port or industrial park to adopt an ordinance creating a tax increment area consisting of all or part of the inland port or industrial park for the purpose of creating a special account for the payment of bonds or other securities issued to defray the cost of certain projects within the inland port or industrial park. If a participating entity designates such a tax increment area, section 5 provides for the allocation of a portion of the taxes levied upon taxable property in the tax increment area each year to pay the bond requirements of loans, money advanced to, or indebtedness incurred by the municipality to finance or refinance the project. Section 5.5 of this bill provides for the payment of prevailing wage with respect to work performed in relation to an undertaking that receives an allocation of tax revenue pursuant to section 5. Section 7 of this bill authorizes the issuance of such bonds or securities by counties or incorporated cities that have created an inland port or industrial park. Section 4 of this bill sets forth the projects of an inland port or industrial park which may be undertaken using the funding generated by the tax increment area. Section 3 of this bill defines the term “municipality” for the purposes of the Inland Port and Industrial Park Authority Act. Section 9 of this bill applies the new definitions created by this bill to the existing provisions of the Inland Port and Industrial Park Authority Act.

Sections 6 and 20 of this bill exempt a tax increment area created pursuant to section 5 from certain limits on revenue from taxes ad valorem.

Section 12 authorizes the Office to initiate the creation of an inland port or industrial park and authority with the approval of the Board of Economic Development.

Existing law requires an inland port authority to be governed by a board of directors and sets forth the composition of such a board. (NRS 277B.200) Section 16 of this bill adds an additional director to the board if none of the participating entities in the authority is a city and requires this director to be appointed by the Governor.

Existing law: (1) requires each large school district, meaning a school district in this State which has more than 100,000 pupils enrolled in its public schools (currently the Clark County School District), to offer a Teacher Academy College Pathway Program at every high school in the school district with 250 or more pupils enrolled to enable pupils in grades 9 to 12 to prepare for employment as professionals in K-12 education; and (2) authorizes a large school district, or a school district which is not a large school district, to offer the Program at other high schools. (NRS 388.223) Section 25 of this bill excludes specialty schools from the high schools at which a large school district is required to offer the Program. Section 25 requires a school district to offer dual credit courses at each high school which offers the Program in subjects which align with the requirements to obtain a bachelor’s degree in education and in sufficient quantity to allow a pupil to obtain at least 12 units of college credit. Section 25 authorizes a school district to apply to the State Board of Education for an exemption from the requirement to offer certain internships and dual credit courses as part of the Program at a high school which is not located in an incorporated city if the school district can demonstrate that the location of the high school makes providing such internships or courses impracticable.

Section 25 authorizes a high school pupil, or a parent or legal guardian of such a pupil, who is aggrieved by a final decision regarding the implementation of the Program made by an administrator of the high school or the board of trustees to request a hearing for reconsideration of the decision by the board of trustees.

Existing law requires a school district to ensure that each high school which offers the Program is staffed by a full-time employee who is a licensed teacher or administrator who is responsible for implementing the Program. (NRS 388.223) Section 25 replaces this requirement with a requirement for a school district to ensure that at least one licensed teacher be assigned full-time to implement and teach the Program at each high school which offers the Program if more than two class periods in the Program will be offered at the high school.

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Section 25 requires that for a pupil to complete the Program, the pupil must: (1) complete at least 2 academic years in a program of career and technical education in the area of teaching or in approved dual credit courses in the area of teaching; and (2) participate in at least 15 hours of paid or unpaid work-based learning which is relevant to the field of teaching.

Existing law requires the State Treasurer to establish a program to provide reimbursement for tuition charges, registration fees, laboratory fees and any other mandatory fee paid to an institution within the Nevada System of Higher Education by a person who: (1) completed the Program; and (2) has worked as a full-time, licensed teacher at a public school in this State for at least 3 consecutive school years. Under existing law, the State Treasurer is authorized to provide a partial reimbursement to persons who have completed the Program and who have worked as a full-time, licensed teacher at a public school in this State for 1 year or 2 consecutive years. (NRS 226.420) Section 19 of this bill requires the Program to be established in coordination with the Department of Education, and additionally requires that to be eligible for such a reimbursement or partial reimbursement, a person must have completed the application for federal student aid and have successfully completed at an institution in the Nevada System of Higher Education a program to become a licensed teacher. Section 19 also authorizes a person who was not able to complete the Program because of circumstances beyond the control of that person to obtain the reimbursement or partial reimbursement from the State Treasurer, if the person meets the other requirements for such a reimbursement or partial reimbursement. Finally, section 19 provides that student education loans are not a form of financial aid or financial assistance that may be applied to reduce the reimbursement or partial reimbursement received from the State Treasurer.

Existing law requires the Governor’s Office of Workforce Innovation to: (1) establish and administer a Career Pathways Demonstration Program; and (2) establish a program for work-based learning opportunities outside of school for pupils enrolled in grades 7 to 12, in coordination with the Department of Education. (NRS 232.985, 232.990) Sections 22 and 23 of this bill designate these programs, as well as the Teacher Academy College Pathway Program, as career pathways programs. Section 22 requires a school district which offers a career pathways program at a high school to designate a teacher or other licensed educational personnel, including, without limitation a school counselor, at the high school to coordinate career pathways programs.

Section 23 creates within the Department of Education a Career Pathways Oversight Committee and requires the Committee to: (1) establish metrics to measure the success of the career pathways programs; (2) evaluate the progress and success of the career pathways programs; (3) evaluate programs for dual credit provided by the Nevada System of Higher Education; (4) report certain findings to the State Board and the Joint Interim Standing Committee on Education; and (5) identify state agencies with the jurisdiction and expertise to oversee, implement and regulate the career pathways programs for different industries. Section 23 requires the Superintendent of Public Instruction to appoint an employee of the Department to act as the Career Pathways Oversight Coordinator to provide certain technical support and assistance in implementing career pathways programs.

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 277B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

Sec. 2. 1. “Industrial park” means land, including, without limitation, all necessary rights, appurtenances, easements and franchises relating to such land, that is acquired and developed by a participating entity or authority for the establishment and location of a series of sites for plants and other buildings for industrial, distribution and wholesale use.

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ê2025 Statutes of Nevada, Page 2747 (CHAPTER 428, AB 462)ê

entity or authority for the establishment and location of a series of sites for plants and other buildings for industrial, distribution and wholesale use.

2. The term includes, without limitation, the acquisition and provision of water, sewage, drainage, street, road, sidewalk, curb, gutter, street lighting, electrical distribution, railroad or docking facilities, to the extent such facilities are incidental to the use of the land as an industrial park.

Sec. 3. “Municipality” means any county or city in this State.

Sec. 4. “Undertaking” means any enterprise to acquire, improve or equip, or any combination thereof, in the case of a county or incorporated city with respect to any tax increment area created by an ordinance adopted pursuant to section 5 of this act:

1. A drainage and flood control project, as defined in NRS 244A.027;

2. An overpass project, as defined in NRS 244A.037;

3. A sewerage project, as defined in NRS 244A.0505;

4. A street project, as defined in NRS 244A.053;

5. An underpass project, as defined in NRS 244A.055;

6. A water project, as defined in NRS 244A.056;

7. A rail project, as defined in NRS 278C.105;

8. An airport project; or

9. A utility project.

Sec. 5. 1. If an inland port or industrial park is created by one participating entity, the participating entity, on behalf of the county or incorporated city in which the inland port or industrial park is located, may adopt an ordinance creating a tax increment area within the inland port or industrial park consisting of all or any portion of the inland port or industrial park for the purpose of creating a special account for the payment of bonds or securities issued or loans, money advanced or indebtedness incurred to defray the costs of an undertaking, as supplemented by the Local Government Securities Law.

2. If an inland port or industrial park is created by two or more participating entities, the participating entities may enter into an interlocal or cooperative agreement for the ordering of an undertaking whose boundaries encompass all or part of the inland port or industrial park and the creation of a tax increment area and the tax increment account pertaining thereto. A tax increment area created pursuant to this subsection must be administered as provided in the interlocal or cooperative agreement, notwithstanding any provision of this section to the contrary. If the participating entities enter into an interlocal or cooperative agreement pursuant to this subsection, the participating entities may, in accordance with the procedures set forth in the interlocal or cooperative agreement:

(a) Jointly take any action required to be taken by a participating entity for the creation of a tax increment area pursuant to this section, except that each participating entity must adopt an ordinance in order to create the tax increment area;

(b) Enter into contracts for the undertaking; and

3. A participating entity may amend an ordinance creating a tax increment area pursuant to this section by adopting a supplemental ordinance to:

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ê2025 Statutes of Nevada, Page 2748 (CHAPTER 428, AB 462)ê

(a) Modify the undertaking by specifying new undertakings or removing or modifying undertakings specified in the original ordinance.

(b) Add areas to or remove areas from a tax increment area.

Ê The amount of taxes to be allocated to a tax increment account pursuant to subsection 5 must be computed separately for the original tax increment area and each addition of land thereto.

4. A participating entity shall not adopt an ordinance creating a tax increment area pursuant to this section unless:

(a) The board has determined that the undertaking described in the ordinance is necessary or desirable to further the purposes of the inland port or industrial park.

(b) The participating entity makes a finding at a public hearing that the undertaking will benefit the inland port or industrial park.

5. After the effective date of the ordinance adopted pursuant to subsection 1, any taxes levied upon taxable property in the tax increment area each year by or for the benefit of the State, the municipality and any public body must be divided as follows:

(a) That portion of the taxes that would be produced by the rate upon which the tax is levied each year by or for each of those taxing agencies upon the total sum of the assessed value of the taxable property in the tax increment area as shown upon the last equalized assessment roll used in connection with the taxation of the property by the taxing agency, must be allocated to, and when collected must be paid into, the funds of the respective taxing agencies as taxes by or for the taxing agencies on all other property are paid.

(b) Except as otherwise provided in this section, the portion of the taxes levied each year in excess of the amount determined pursuant to paragraph (a) must be allocated to, and when collected must be paid into, the tax increment account pertaining to the undertaking to pay the bond requirements of loans, money advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, incurred by the municipality to finance or refinance, in whole or in part, the undertaking. Unless the total assessed valuation of the taxable property in the tax increment area exceeds the total assessed value of the taxable property in the tax increment area as shown by the last equalized assessment roll referred to in this subsection, all of the taxes levied and collected upon the taxable property in the tax increment area must be paid into the funds of the respective taxing agencies. When the loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the tax increment area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.

6. The portion of the taxes levied each year in excess of the amount determined pursuant to paragraph (a) of subsection 5 which is attributable to any tax rate levied by a taxing agency:

(a) To produce revenue in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness that was approved by a majority of the registered voters within the area of the taxing agency voting upon the question, must be allocated to, and when collected must be paid into, the debt service fund of that taxing agency.

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ê2025 Statutes of Nevada, Page 2749 (CHAPTER 428, AB 462)ê

(b) In excess of any tax rate of that taxing agency applicable to the last taxation of the property before the effective date of the ordinance, if that additional rate was approved by a majority of the registered voters within the area of the taxing agency voting upon the question, must be allocated to, and when collected must be paid into, the appropriate fund of that taxing agency.

(c) Pursuant to NRS 387.3285 or 387.3287, if that rate was approved by a majority of the registered voters within the area of the taxing agency voting upon the question, must be allocated to, and when collected must be paid into, the appropriate fund of the taxing agency.

(d) For the support of the public schools within a county school district pursuant to NRS 387.195, must be allocated to, and when collected must be paid into, the State Education Fund.

7. The provisions of paragraph (a) of subsection 6 include, without limitation, a tax rate approved for bonds of a county school district issued pursuant to NRS 350.020, including, without limitation, amounts necessary for a reserve account in the debt service fund.

8. A tax increment area must expire not more than 30 years after the date on which the ordinance which creates the area becomes effective.

9. As used in this section, the term “last equalized assessment roll” means the assessment roll in existence on the 15th day of March immediately preceding the effective date of the ordinance.

Sec. 5.5. The provisions of NRS 338.013 to 338.090, inclusive, apply to any construction work to be performed under any contract or other agreement related to any undertaking pursuant to this chapter. With respect to the undertaking, the participating entity, the owner of any property within a tax increment area created pursuant to this chapter, the developer, any contractor who is awarded the contract or enters into the agreement to perform the construction work and any subcontractor who performs any portion of the construction work related to such an undertaking shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the participating entity had undertaken the undertaking or had awarded the contract.

Sec. 6. The allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811 does not apply to a tax increment area created pursuant to this chapter.

Sec. 7. 1. To defray in whole or in part the cost of any undertaking, a participating entity may issue the following securities:

(a) Notes;

(b) Warrants;

(d) Bonds; and

(e) Temporary bonds.

2. Any net revenues derived from the operation of an undertaking supported by the issuance of securities pursuant to this section must be pledged for the payment of the securities. The securities must be made payable from any such net pledged revenues as the bond requirements become due from time to time by the bond ordinance, trust indenture or other proceedings that authorize the issuance of the securities or otherwise pertain to their issuance.

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ê2025 Statutes of Nevada, Page 2750 (CHAPTER 428, AB 462)ê

3. Securities issued pursuant to this section:

(a) Must be made payable from tax proceeds accounted for in the tax increment account maintained by the participating entity pursuant to section 5 of this act; and

(b) May, at the option of the participating entity and if otherwise so authorized by law, be made payable from the taxes levied by the participating entity against all taxable property within the boundaries of the participating entity.

Ê A participating entity may also issue general obligation securities other than the ones authorized by this chapter that are made payable from taxes without also making the securities payable from any net pledged revenues or tax proceeds accounted for in the tax increment account maintained by the participating entity pursuant to section 5 of this act.

4. Any securities payable only in the manner provided in either paragraph (a) of subsection 3 or in both subsection 2 and paragraph (a) of subsection 3:

(a) Are special obligations of the participating entity and are not in their issuance subject to any debt limitation imposed by law;

(b) While they are outstanding, do not exhaust the debt incurring power of the participating entity; and

(c) May be issued under the provisions of the Local Government Securities Law without any compliance with the provisions of NRS 350.020 to 350.070, inclusive, except as otherwise provided in the Local Government Securities Law, only after the issuance of municipal bonds is approved under the provisions of NRS 350.011 to 350.0165, inclusive.

5. Any securities payable from taxes in the manner provided in paragraph (b) of subsection 3, regardless of whether they are also payable in the manner provided in paragraph (a) of subsection 3 or in both subsection 2 and paragraph (a) of subsection 3:

(a) Are general obligations of the participating entity and are in their issuance subject to such debt limitation;

(b) While they are outstanding, do exhaust the power of the participating entity to incur debt; and

(c) May be issued under the provisions of the Local Government Securities Law only after the issuance of municipal bonds is approved under the provisions of:

(1) NRS 350.011 to 350.0165, inclusive; or

(2) NRS 350.020 to 350.070, inclusive,

Ê except for the issuance of notes or warrants under the Local Government Securities Law that are payable out of the revenues for the current year and are not to be funded with the proceeds of interim debentures or bonds in the absence of such bond approval under the two acts designated in subparagraphs (1) and (2).

Sec. 8. NRS 277B.010 is hereby amended to read as follows:

277B.010 This chapter may be known and cited as the Inland Port and Industrial Park Authority Act.

Sec. 9. NRS 277B.020 is hereby amended to read as follows:

277B.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 277B.030 to 277B.070, inclusive, and sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.

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Sec. 10. NRS 277B.030 is hereby amended to read as follows:

277B.030 “Authority” means an inland port authority or industrial park authority created pursuant to this chapter.

Sec. 11. NRS 277B.150 is hereby amended to read as follows:

277B.150 1. Subject to the requirements set forth in NRS 277B.150 to 277B.180, inclusive, an inland port or industrial park may be created only in a contiguous area that:

(a) Includes at least two of the following:

(1) A municipally owned airport with a runway of at least [4,500] 5,001 feet.

(2) A portion of a highway that is part of the National Highway System.

(3) Operating assets of at least one Class I railroad as classified by the Surface Transportation Board.

(b) Does not include any residential property.

(c) In the case of an industrial park, may include property adjacent to the industrial park but may only include property that includes or is adjacent to an inland port.

2. All areas within the boundaries of an inland port or industrial park must be within the boundaries of the county or counties and incorporated city or cities, as applicable, of the one or more participating entities which apply to the Office pursuant to NRS 277B.160 for the creation of the inland port [.] or industrial park.

3. If the boundaries of an inland port or industrial park will include a municipally owned airport as described in subparagraph (1) of paragraph (a) of subsection 1:

(a) The municipality that owns and operates the airport must be a participating entity; or

(b) If the municipality that owns and operates the airport is not a participating entity, the municipality, by ordinance, must approve of the inclusion of the airport within the boundaries of the inland port [.] or industrial park.

Sec. 12. NRS 277B.160 is hereby amended to read as follows:

277B.160 1. One or more participating entities may apply to the Office to create, operate and maintain an inland port or industrial park and authority. In a county whose population is 700,000 or more, only the board of county commissioners of the county may apply to the Office to create, operate and maintain an inland port or industrial park and authority within the boundaries of the county, including the boundaries of any incorporated city within the county.

2. A participating entity is eligible to apply to the Office pursuant to subsection 1 if the county or incorporated city, as applicable, of the participating entity is located in whole or in part within the proposed boundaries of the inland port [.] or industrial park.

3. The Office may [approve] :

(a) Approve the creation of an inland port or industrial park and authority if the Office determines that the proposed inland port or industrial park and authority will serve the economic interests of this State.

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ê2025 Statutes of Nevada, Page 2752 (CHAPTER 428, AB 462)ê

(b) With the approval of the Board of Economic Development created by NRS 231.033, initiate the creation of an inland port or industrial park, as applicable, and authority.

Sec. 13. NRS 277B.170 is hereby amended to read as follows:

277B.170 1. If the Office approves the creation of an inland port or industrial park and authority pursuant to NRS 277B.160, each participating entity shall hold at least two public hearings to discuss the creation of the inland port or industrial park and authority.

2. The participating entity shall give notice of the hearing by publication in a newspaper published in the county not later than 7 days before the hearing. The notice must include, without limitation:

(a) The date, time and place for the hearing;

(b) The boundaries of the proposed inland port [,] or industrial park, including, without limitation, a map of the proposed inland port [;] or industrial park; and

Sec. 14. NRS 277B.180 is hereby amended to read as follows:

277B.180 If a participating entity obtains approval of the Office for the creation of an inland port or industrial park and authority pursuant to NRS 277B.160, the participating entity shall create the inland port or industrial park and authority by ordinance. The ordinance must include, without limitation:

1. A description of the boundaries of the inland port [;] or industrial park;

2. The location of the principal office of the authority;

3. The name of the inland port or industrial park and authority; and

4. The number of directors who will compose the board of the authority pursuant to NRS 277B.200.

Sec. 15. NRS 277B.190 is hereby amended to read as follows:

277B.190 1. If a participating entity wishes to withdraw from an authority with regard to which there is more than one participating entity, the participating entity shall:

(a) Adopt an ordinance providing for the withdrawal;

(b) Obtain approval from the board; and

Ê at least 6 months before the date on which the withdrawal would be effective.

2. Upon the withdrawal of a participating entity from the authority pursuant to subsection 1:

(a) The boundaries of the inland port or industrial park must be adjusted by the other participating entity or entities to comply with the provisions of NRS 277B.150; or

(b) The authority must be dissolved pursuant to subsection 3 as soon as practicable.

3. An authority is dissolved if:

(a) The dissolution is approved by the board;

(b) Each participating entity agrees to the dissolution;

(c) All debts and other liabilities of the authority have been paid or discharged, or adequate provision has been made for the payment of all debts and other liabilities;

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ê2025 Statutes of Nevada, Page 2753 (CHAPTER 428, AB 462)ê

(d) There are no suits pending against the authority, or adequate provision has been made for the satisfaction of any judgment, order or decree that may be entered against the authority in any pending suit; and

(e) The authority has a commitment from another governmental entity to assume jurisdiction of all property of the authority.

Sec. 16. NRS 277B.200 is hereby amended to read as follows:

277B.200 1. An authority must be governed by a board of directors with an odd-numbered membership set by the participating entity or entities. If there is more than one participating entity, the membership of the board of directors must be agreed to by all of the participating entities. The board of directors must be composed of:

(a) One director appointed by each county that is a participating entity, if any;

(b) One director appointed by each city that is a participating entity, if any;

(d) If the authority includes a municipally owned airport described in subparagraph (1) of paragraph (a) of subsection 1 of NRS 277B.150, one director appointed by:

(1) In a county whose population is 700,000 or more, the department of aviation of the county; or

(2) In a county whose population is less than 700,000, the governing body of the airport authority, if any, and if there is not an airport authority, by the governing body of the municipality which owns the airport; and

[(d)] (e) Any other directors appointed in accordance with this section and as provided in an ordinance adopted by a participating entity pursuant to NRS 277B.180.

2. A director must reside within the boundaries of the participating entity that appoints him or her.

3. The following persons are not eligible to be appointed to a board:

(a) An elected official of any governmental entity.

(b) An employee of a participating entity.

4. Except as otherwise provided in this section, the directors described in subsection 1 must be appointed to terms of 4 years. The terms must be staggered in such a manner that, to the extent possible, the terms of one-half of the directors will expire every 2 years. The initial directors of the authority shall, at the first meeting of the board after their appointment, draw lots to determine which directors will initially serve terms of 2 years and which will serve terms of 4 years. A director may be reappointed.

5. A vacancy occurring during the term of a director must be filled by the appointing participating entity for the unexpired term as soon as is reasonably practicable.

Sec. 17. NRS 277B.320 is hereby amended to read as follows:

277B.320 1. The governing body of an authority shall adopt bylaws for the governance of the authority, and shall not impose any fees unless at least two-thirds of the members of the governing body approve the imposition of the fee.

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ê2025 Statutes of Nevada, Page 2754 (CHAPTER 428, AB 462)ê

2. An authority may enter into an agreement that provides for the lease of rights-of-way, the granting of easements or the issuance of franchises, concessions, licenses or permits.

[2.] 3. Except as otherwise provided in subsections [3,] 4 , 5 and [5,] 6, with the consent of any county, city or other governmental entity, an authority may:

(a) Use streets, alleys, roads, highways and other public ways of the county, city or other governmental entity; and

(b) Relocate, raise, reroute, change the grade of or alter, at the expense of the authority:

(1) A street, alley, highway, road or railroad;

(2) Electric lines and facilities;

(3) Telegraph and telephone properties and facilities;

(4) Pipelines and facilities;

(5) Conduits and facilities; and

(6) Other property,

Ê as necessary or useful in the construction, reconstruction, repair, maintenance and operation of the inland port [.] or industrial park, as applicable.

[3.] 4. An authority may not alter:

(a) A highway that is part of the state highway system without the consent of the Department of Transportation.

(b) A railroad without the consent of the railroad company.

[4.] 5. If an inland port or industrial park includes a municipally owned airport:

(a) An authority may not interfere with or exercise any control over commercial air transportation operations or airlines that operate at the airport; and

(b) The airport authority, department of aviation or other existing governing body that owns or manages the airport retains such ownership or management control.

[5.] 6. Nothing in this section authorizes an authority to perform any action in violation of any requirement of federal law or condition to the receipt of federal money.

Sec. 18. NRS 277B.340 is hereby amended to read as follows:

277B.340 An authority may market, advertise and promote the use of the inland port or industrial park that the authority constructs, owns, operates, regulates or maintains.

Sec. 19. NRS 226.420 is hereby amended to read as follows:

226.420 1. The State Treasurer , in coordination with the Department of Education, shall establish by regulation a program to provide reimbursement for tuition charges, registration fees, laboratory fees and any other mandatory fees paid to an institution within the Nevada System of Higher Education by a person who:

(a) [Completed a] Except as otherwise provided in subsection 4, has completed a Teacher Academy College Pathway Program offered pursuant to NRS 388.223; [and]

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ê2025 Statutes of Nevada, Page 2755 (CHAPTER 428, AB 462)ê

(b) Except as otherwise provided in subsection 3, has worked as a full-time, licensed teacher at a public school in this State for at least 3 consecutive school years ;

(d) Has successfully completed a program at an institution within the Nevada System of Higher Education for the preparation of a person to become a licensed teacher.

2. The program may not provide reimbursement for any tuition charge, registration fee, laboratory fee or any other mandatory fee which was paid or otherwise provided for through a scholarship, financial aid, waiver or similar financial assistance. For the purposes of this subsection, a student education loan, as defined in NRS 226.510, must not be considered financial aid or financial assistance.

3. [The] Except as otherwise provided in subsection 4, the State Treasurer may provide partial reimbursement of tuition charges, registration fees, laboratory fees and any other mandatory fees paid by a person who [completed a Teacher Academy College Pathway Program offered pursuant to NRS 388.223] satisfies the criteria set forth in paragraphs (a), (c) and (d) of subsection 1 and who has worked as a full-time, licensed teacher at a public school in this State for 1 year or 2 consecutive years in an amount not to exceed, for each year of service at a public school in this State, one-third of the total tuition charges, registration fees, laboratory fees and any other mandatory fees paid by the person to an institution within the Nevada System of Higher Education which are subject to reimbursement pursuant to this section and the regulations adopted pursuant thereto.

4. If a person has not completed a Teacher Academy College Pathway Program offered pursuant to NRS 388.223 because of circumstances beyond the control of that person, including, without limitation, because the person attended a high school that did not offer a Program, but the person satisfies the criteria set forth in paragraph (c) and (d) of subsection 1, the State Treasurer may, upon the submission of an application by that person, provide:

(a) Reimbursement for tuition charges, registration fees, laboratory fees and any other mandatory fees paid to an institution within the Nevada System of Higher Education by the person if the person has worked as a full-time, licensed teacher at a public school in this State for at least 3 consecutive years.

(b) Partial reimbursement for tuition charges, registration fees, laboratory fees and any other mandatory fees paid to an institution within the Nevada System of Higher Education, in the amount described in subsection 3, if the person has worked as a full-time, licensed teacher at a public school in this State for 1 year or 2 consecutive years.

Sec. 20. NRS 354.59811 is hereby amended to read as follows:

354.59811 1. Except as otherwise provided in NRS 244.377, 278C.260, 354.59813, 354.59815, 354.59818, 354.5982, 354.5987, 354.705, 354.723, 450.425, 450.760, 540A.265 and 543.600, and section 6 of this act, for each fiscal year beginning on or after July 1, 1989, the maximum amount of money that a local government, except a school district, a district to provide a telephone number for emergencies or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as general long-term debt of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:

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ê2025 Statutes of Nevada, Page 2756 (CHAPTER 428, AB 462)ê

provide a telephone number for emergencies or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as general long-term debt of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:

(a) The rate must be set so that when applied to the current fiscal year’s assessed valuation of all property which was on the preceding fiscal year’s assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding any assessed valuation attributable to the net proceeds of minerals, assessed valuation attributable to a redevelopment area and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year, except that the rate so determined must not be less than the rate allowed for the previous fiscal year, except for any decrease attributable to the imposition of a tax pursuant to NRS 354.59813 in the previous year.

(b) This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, but including new real property, possessory interests and mobile homes, for the current fiscal year to determine the allowed revenue from taxes ad valorem for the local government.

2. As used in this section, “general long-term debt” does not include debt created for medium-term obligations pursuant to NRS 350.087 to 350.095, inclusive.

Sec. 21. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 22, 23 and 24 of this act.

Sec. 22. 1. A school district shall designate a teacher or other licensed educational personnel, including, without limitation, a school counselor, employed at each high school which offers a career pathways program to coordinate the career pathways programs at the high school.

2. As used in this section, “career pathways program” means:

(a) A Teacher Academy College Pathway Program offered pursuant to NRS 388.223;

(b) A career pathway offered as part of the Career Pathways Demonstration Program pursuant to NRS 232.985; or

Sec. 23. 1. There is hereby created within the Department the Career Pathways Oversight Committee consisting of the following members:

(a) The Executive Director of the Governor’s Office of Workforce Innovation, or his or her designee;

(b) The Superintendent of Public Instruction, or his or her designee;

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ê2025 Statutes of Nevada, Page 2757 (CHAPTER 428, AB 462)ê

(c) The superintendent of schools of each school district that is required to establish a Teacher Academy College Pathway Program pursuant to NRS 388.223, or his or her designee; and

(d) The following three members appointed by the Governor:

(1) One member who is a teacher at a public school who is assigned to implement and teach a Teacher Academy College Pathway Program offered pursuant to NRS 388.223, nominated by the employee organization representing the plurality of teachers employed by a large school district;

(2) One member who is a teacher at a public school who is assigned to implement and teach a Teacher Academy College Pathway Program offered pursuant to NRS 388.223, nominated by the employee organization representing the plurality of teachers employed by school districts in this State that are required to establish a Teacher Academy College Pathway Program pursuant to NRS 388.223, other than a large school district;

(3) One member who is an administrator of a public school in a school district that is required to establish a Teacher Academy College Pathway Program pursuant to NRS 388.223, nominated by the Nevada Association of School Superintendents; and

(4) One member who represents the Nevada System of Higher Education, nominated by the Board of Regents of the University of Nevada.

2. The Committee shall:

(a) Establish metrics to measure the short- and long-term success of the career pathways programs.

(b) Evaluate the progress and success of the career pathways programs.

(d) Report the results of the evaluations conducted pursuant to paragraphs (b) and (c) to the State Board and the Joint Interim Standing Committee on Education on or before June 1 of each year.

(e) Identify the agency of this State with jurisdiction and expertise necessary to assist in the oversight and implementation of a career pathways program. An agency of this State identified pursuant to this paragraph shall oversee, implement and regulate the career pathways program.

3. The Superintendent of Public Instruction shall appoint an employee of the Department to act as the Career Pathways Oversight Coordinator, who shall:

(a) Provide technical support to assist in the implementation of career pathways programs.

(b) Assist in coordinating the efforts of entities involved in the implementation of career pathways programs, including, without limitation, the Department, school districts, the Nevada System of Higher Education, institutions within the System and the Governor’s Office of Workforce Innovation.

4. As used in this section, “career pathways program” has the meaning ascribed to it in section 22 of this act.

Sec. 24. (Deleted by amendment.)

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ê2025 Statutes of Nevada, Page 2758 (CHAPTER 428, AB 462)ê

Sec. 25. NRS 388.223 is hereby amended to read as follows:

388.223 1. [Each] Except as otherwise provided in subsection 2, each large school district shall offer a Teacher Academy College Pathway Program at every high school in the school district with 250 or more pupils enrolled that will enable interested pupils in grades 9 to 12, inclusive, to prepare for employment in professions in K-12 education. A large school district may offer a Program at high schools with fewer than 250 pupils. A school district that is not a large school district may offer a Program at one or more high schools in the school district.

2. A large school district is not required to offer a Program at a specialty school.

3. A large school district, and a school district that is not a large school district which elects to offer the Program, shall:

(a) Advertise the Program and the benefits of participation in the Program.

(b) Ensure that at least one licensed teacher is assigned full-time to implement and teach the Program at each high school in the school district which offers such a Program [is staffed by a full-time employee who is:

(1) A licensed teacher or administrator; and

(2) Responsible for implementing the Program at the school.] and at which more than two class periods of the Program are offered, except that such a teacher may also serve as the person designated pursuant to section 22 of this act to coordinate the career pathways programs at the high school.

(c) Assess each pupil entering grade 9 who is or will be enrolled in a high school which offers such a Program and who is interested in participating in the Program, identify any barriers, including, without limitation, academic, financial, socioeconomic and transportation barriers, to the participation in and completion of the Program by such interested pupils and, if such barriers are identified, inform the pupil and the parents or legal guardian of the pupil of any programs and services which are available to help the pupil to overcome such barriers and provide such programs and services to the pupil.

(d) Offer internships at elementary, junior high or middle schools in the school district to qualified pupils in grades 11 and 12 who participate in the Program.

(e) Offer employment as a paraprofessional to qualified high school graduates who have completed the Program and are enrolled in a program to become a teacher at an institution in the Nevada System of Higher Education.

(f) For qualified applicants for employment with the school district who have completed the Program and who have submitted a timely application, provide an offer of employment or decline to provide an offer of employment to such an applicant not later than January 31 of the year immediately preceding the school year for which the applicant applied for employment.

(g) Enter into an agreement with the Board of Regents of the University of Nevada to:

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ê2025 Statutes of Nevada, Page 2759 (CHAPTER 428, AB 462)ê

(1) Enable pupils who participate in the Program to earn up to 12 units of college credit for courses taken and internships engaged in as part of the Program and, to the extent that money is available, the provision of such courses and internships at no cost or reduced cost to the pupil.

(2) Establish qualifications for teachers of the school district who teach courses in the Program which are eligible for college credit, which may include, without limitation, a minimum of 4 years of classroom teaching experience or a Master’s degree.

(3) Guarantee the admission of otherwise academically qualified pupils who complete the Program to institutions in the Nevada System of Higher Education.

(4) Provide programs, services, scholarships and financial aid to assist pupils who participate in the Program in applying for admission to institutions in the Nevada System of Higher Education and completing the Program at such an institution.

(h) Offer dual credit courses at each high school in the school district which offers the Program:

(1) In subjects which align with the requirements for obtaining a bachelor’s degree in education; and

(2) In sufficient quantity that a pupil may obtain at least 12 units of college credit through the Program.

(i) Inform pupils who participate in the Program and the parents and legal guardians of such pupils about programs, services, scholarships and financial aid which are available to assist pupils in applying for admission to institutions in the Nevada System of Higher Education and completing the Program at such an institution.

[3.] 4. A school district may apply to the State Board for an exemption from the provisions of paragraph (d) or (h) of subsection 3 with respect to a high school which is not located in an incorporated city if the school district can demonstrate that the location of the high school makes compliance with those provisions impracticable.

5. A large school district, and a school district that is not a large school district which elects to offer the Program, may enter into an agreement with the Board of Regents of the University of Nevada to provide a faculty mentor from the Nevada System of Higher Education to teachers of the school district who teach courses in the Program to ensure such courses align with the contents and rigor of equivalent courses taught at institutions within the Nevada System of Higher Education. If the provisions of this subsection conflict with the provisions of chapter 388G of NRS, the provisions of this subsection prevail.

[4.] 6. To complete the Program a pupil must:

(a) Successfully complete at least 2 academic years in a program of career and technical education established pursuant to NRS 388.380 in the area of teaching or in approved dual credit courses in the area of teaching; and

(b) Participate in at least 15 hours of paid or unpaid work-based learning which is relevant to the field of teaching and may include, without limitation, an internship offered pursuant to paragraph (d) of subsection 3 or a work-based learning opportunity provided pursuant to NRS 232.990.

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ê2025 Statutes of Nevada, Page 2760 (CHAPTER 428, AB 462)ê

7. The State Board:

(a) Shall adopt regulations that prescribe the curriculum for the Program which are consistent with the provisions of this section. To the extent a school district provides programs of career and technical education other than the Program, such programs of career and technical education must nonetheless be consistent with the regulations adopted pursuant to this paragraph, to the extent applicable.

(b) May adopt such other regulations as are necessary to carry out the provisions of this section.

[5.] 8. A pupil who is enrolled in a high school within a school district, or a parent or legal guardian of such a pupil, who is aggrieved by a final decision regarding the implementation of the Program made by an administrator of the high school or the board of trustees may, within 30 days after the decision is rendered, make a written request to the board of trustees for a hearing for reconsideration of the decision. The board shall schedule the hearing within 30 days after receiving the request. The decision of the board of trustees after its reconsideration hearing is a final decision subject to judicial review as provided by law.

9. As used in this section:

(a) “Large school district” means any school district in this State which has more than 100,000 pupils enrolled in its public schools.

(b) “Program” means the Teacher Academy College Pathway Program created pursuant to this section.

(c) “Specialty school” means a public school that operates as a magnet school or program, a school or program for career and technical education, a school or program for special education or an alternative program of education.

Secs. 26 and 27. (Deleted by amendment.)

Sec. 28. 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. 29. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

Sec. 30. This act becomes effective on July 1, 2025.

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ê2025 Statutes of Nevada, Page 2761ê

CHAPTER 429, AB 460

Assembly Bill No. 460–Assemblymember González

Joint Sponsor: Senator Doñate

CHAPTER 429

[Approved: June 9, 2025]

AN ACT relating to child welfare; establishing a form by which a parent or guardian may request to nominate a guardian of a minor; authorizing the filing of such a form in the Nevada Lockbox; removing the authority of the Secretary of State to charge and collect a fee for filing a form in the Nevada Lockbox; creating a presumption that temporary guardianship is in the best interest of a minor in certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law authorizes any person requesting to nominate another person to be appointed as his or her guardian to complete a form requesting to nominate a guardian. (NRS 159.0753) Existing law also authorizes the Secretary of State to establish and maintain the Nevada Lockbox, which is an electronic registry where a person may register a form requesting to nominate a guardian, among other documents. (NRS 225.360) Section 1 of this bill authorizes a parent or guardian of a minor who wishes to request to nominate another person to be appointed as the guardian for the minor to complete a form requesting to nominate a guardian of the minor. Section 1 clarifies that a person nominated to be a guardian of a minor is required to obtain appointment from a court before exercising the power of a guardian. Section 3 of this bill requires a court to consider a form requesting to nominate a guardian of a minor in determining which person is most suitable to be the guardian for the minor. Section 4 of this bill includes a form requesting to nominate a guardian of a minor in the list of documents that may be submitted for inclusion in the Nevada Lockbox. Sections 4.5 and 5.5 of this bill remove the authority of the Secretary of State to charge and collect a fee for the registration of a will or other document in the Nevada Lockbox. Section 5 of this bill authorizes the Secretary of State to provide access to the lockbox when required by a court, hospital, law enforcement agency or other entity that needs to determine whether a person has designated a guardian for a minor. Section 7 of this bill makes a conforming change to indicate the proper placement of section 1 in the Nevada Revised Statutes.

Existing law establishes a procedure by which a petitioner may request the appointment of a temporary guardian for the person or estate, or both, of a proposed protected minor in circumstances where it is not feasible or would be harmful to notify the persons and entities who are normally entitled to notice of a guardianship hearing. Existing law presumes that temporary guardianship is in the best interest of the minor if no parent has had the care, custody and control of the minor for the immediately preceding 6 months. (NRS 159A.053) Section 2 of this bill creates an additional presumption that a temporary guardianship is in the best interest of the proposed protected minor during a period of time in which no parent has the care, custody and control of the minor due to one or both parents being separated from the minor due to a federal immigration order.

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ê2025 Statutes of Nevada, Page 2762 (CHAPTER 429, AB 460)ê

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 159A of NRS is hereby amended by adding thereto a new section to read as follows:

1. Any parent or guardian of a minor who wishes to request to nominate another person to be appointed as the guardian for the minor may do so by completing a form requesting to nominate a guardian of a minor in accordance with this section.

2. A form requesting to nominate a guardian of a minor pursuant to this section must be:

(a) Signed by the parent or guardian who is executing the form;

(b) Signed by two impartial adult witnesses who have no interest, financial or otherwise, in the estate of the minor or the parent or guardian of the minor and who attest that the parent or guardian has the mental capacity to understand and execute the form; and

3. A nomination of a guardian of a minor made pursuant to this section may be in substantially the following form, and must be witnessed and executed in the same manner as the following form:

REQUEST TO NOMINATE GUARDIAN OF A MINOR

I, .................... (insert your name), residing at ................... (insert your address), am executing this notarized document as my written declaration and request for the person(s) designated below to be appointed as guardian for my child should it become necessary. I am advising the court and all persons and entities as follows:

1. As of the date I am executing this request to nominate a guardian for my child, I have the mental capacity to understand and execute this request.

2. This request pertains to a (circle one): (guardian of the minor)/(guardian of the estate of the minor)/(guardian of the minor and estate).

3. Should the need arise, I request that the court give my preference to the person(s) designated below to serve as the appointed guardian for my child.

4. I request that my .................... (insert relation), .................... (insert name), serve as appointed guardian of my child.

5. If .................... (insert name) is unable or unwilling to serve as my appointed guardian, then I request that my .................... (insert relation), .................... (insert name), serve as appointed guardian of my child.

6. I do not, under any circumstances, desire to have any private, for-profit guardian serve as appointed guardian of my child.

(YOU MUST DATE AND SIGN THIS DOCUMENT)

I sign my name to this document on ................. (date)

(Signature)

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ê2025 Statutes of Nevada, Page 2763 (CHAPTER 429, AB 460)ê

(YOU MUST HAVE TWO QUALIFIED ADULT WITNESSES DATE AND SIGN THIS DOCUMENT)

I declare under penalty of perjury that the principal is personally known to me, that the principal signed this request to nominate a guardian of a minor in my presence, that the principal appears to be of sound mind, has the mental capacity to understand and execute this document and is under no duress, fraud or undue influence, and that I have no interest, financial or otherwise, in the estate of the principal or minor.

(Signature of first witness)

(Print name)

(Date)

(Signature of second witness)

(Print name)

(Date)

CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC

State of Nevada }

}

County of ................................................. }

On this .......... day of ..............., in the year ......., before me, .................... (insert name of notary public), personally appeared .................... (insert name of principal), .................... (insert name of first witness) and .................... (insert name of second witness), personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to this instrument, and acknowledged that they have signed this instrument.

(Signature of notarial officer)

(Seal, if any)

4. The Secretary of State shall make the form established in subsection 3 available on the Internet website of the Secretary of State.

5. The person nominated for appointment as the guardian of a minor pursuant to this section must file a petition and obtain an appointment from the court before exercising the powers of a guardian.

6. The Secretary of State may adopt any regulations necessary to carry out the provisions of this section.

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ê2025 Statutes of Nevada, Page 2764 (CHAPTER 429, AB 460)ê

Sec. 2. NRS 159A.053 is hereby amended to read as follows:

159A.053 1. A petitioner may request that the court appoint a temporary guardian for the person or the estate, or both, of a proposed protected minor by filing a verified petition.

2. The petition must state facts which establish good cause for the appointment of a temporary guardian and which show that:

(a) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159A.047 by telephone or in writing before the filing of the petition;

(b) The proposed protected minor would be exposed to an immediate risk of physical, emotional or financial harm if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159A.047 before the court determines whether to appoint a temporary guardian; or

3. A petition which seeks an ex parte appointment of a temporary guardian must be accompanied by an affidavit which explains the emergency that requires a temporary guardian to be appointed before a hearing.

4. [If no parent of the proposed protected minor has had the care, custody and control of the minor for the 6 months immediately preceding the petition, temporary] Temporary guardianship of the person of [the] a proposed protected minor is presumed to be in the best interest of the minor [.] :

(a) If no parent of the minor has had the care, custody and control of the minor for the 6 months immediately preceding the petition; or

(b) During a period of time in which no parent has the care, custody and control of the minor because one or both parents are separated from the minor due to a federal immigration order.

5. The court may, upon that petition or other showing as it may require, appoint a temporary guardian of the person or the estate, or both, of the proposed protected minor.

6. Except as otherwise provided in subsection 7, after the appointment of a temporary guardian, the petitioner shall attempt in good faith to notify the persons entitled to notice pursuant to NRS 159A.047, including, without limitation, notice of any hearing to extend the temporary guardianship. If the petitioner fails to make such an effort, the court may terminate the temporary guardianship.

7. If, before the appointment of a temporary guardian, the court was satisfied that giving notice to the persons entitled to notice pursuant to NRS 159A.047 was not feasible under the circumstances or determined that such notice was not required pursuant to paragraph (b) or (c) of subsection 2, the petitioner shall notify the persons entitled to notice pursuant to NRS 159A.047 without undue delay, but not later than 48 hours after the appointment of the temporary guardian or not later than 48 hours after the petitioner discovers the existence, identity and location of the persons entitled to notice pursuant to that section. If the petitioner fails to provide such notice, the court may terminate the temporary guardianship.

8. Not later than 10 days after the date of an ex parte appointment of a temporary guardian pursuant to subsection 5, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in subsection 9, if the court finds by clear and convincing evidence that the protected minor continues to be in need of a temporary guardian, the court may, pursuant to subsection 10, extend the temporary guardianship until a general guardian is appointed.

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ê2025 Statutes of Nevada, Page 2765 (CHAPTER 429, AB 460)ê

guardian, the court may, pursuant to subsection 10, extend the temporary guardianship until a general guardian is appointed.

9. The court may not extend a temporary guardianship pursuant to subsection 8 beyond the initial period of 10 days unless the petitioner demonstrates that:

(a) The provisions of NRS 159A.0475 have been satisfied; or

(b) Notice by publication pursuant to the Nevada Rules of Civil Procedure is currently being undertaken.

10. The court may extend the temporary guardianship, for good cause shown, for not more than two successive 60-day periods, unless extraordinary circumstances necessitate a longer duration for the temporary guardianship.

11. If for any reason a guardian who is appointed for a protected minor cannot perform the duties of a guardian, the court may, upon a petition filed to request temporary guardianship for the minor, appoint a temporary guardian to exercise the powers of a guardian until another guardian is appointed for the minor.

Sec. 3. NRS 159A.061 is hereby amended to read as follows:

159A.061 1. The parents of a proposed protected minor, or either parent, if qualified and suitable, are preferred over all others for appointment as guardian for the person or estate or person and estate of the proposed protected minor. The appointment of a parent as guardian for the person or estate of a proposed protected minor must not conflict with a valid order for custody of the proposed protected minor.

2. Except as otherwise provided in subsection 4, if a parent of a proposed protected minor files a petition seeking appointment as guardian for the proposed protected minor, the parent is presumed to be suitable to serve as guardian for the proposed protected minor.

3. In determining whether the parents of a proposed protected minor, or either parent, or any other person who seeks appointment as guardian for the proposed protected minor is qualified and suitable, the court shall consider, if applicable and without limitation:

(a) Which parent has physical custody of the proposed protected minor;

(b) The ability of the parents, parent or other person to provide for the basic needs of the proposed protected minor, including, without limitation, food, shelter, clothing and medical care, taking into consideration any special needs of the proposed protected minor;

(c) Whether the parents, parent or other person has engaged in the habitual use of alcohol or any controlled substance during the previous 6 months, except the use of cannabis in accordance with the provisions of chapter 678C of NRS;

(d) Whether the parents, parent or other person has been convicted of a crime of moral turpitude, a crime involving domestic violence or a crime involving the abuse, neglect, exploitation, isolation or abandonment of a child, his or her spouse, his or her parent or any other adult;

(e) Whether the parents, parent or other person has been convicted in this State or any other jurisdiction of a felony; and

(f) Whether the parents, parent or other person has engaged in one or more acts of domestic violence against the proposed protected minor, a parent of the proposed protected minor or any other person who resides with the proposed protected minor.

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ê2025 Statutes of Nevada, Page 2766 (CHAPTER 429, AB 460)ê

4. A parent of a proposed protected minor is presumed to be unsuitable to care for the proposed protected minor if:

(a) The parent is unable to provide for any or all of the basic needs of the proposed protected minor, including, without limitation:

(1) Food;

(2) Shelter;

(3) Clothing;

(4) Medical care; and

(5) Education;

(b) Because of action or inaction, the parent poses a significant safety risk of either physical or emotional danger to the proposed protected minor; or

(c) The proposed protected minor has not been in the care, custody and control of the parent for the 6 months immediately preceding the filing of the petition. The presumption created by this paragraph is a rebuttable presumption.

5. Subject to the preference set forth in subsection 1 and except as otherwise provided in subsection 7, the court shall appoint as guardian the qualified person who is most suitable and is willing to serve.

6. In determining which qualified person is most suitable, the court shall, in addition to considering any applicable factors set forth in subsections 2, 3 and 4, give consideration, among other factors, to:

(a) Any nomination of a guardian for the proposed protected minor contained in a will , a form requesting to nominate a guardian of a minor that is executed in accordance with section 1 of this act or other written instrument executed by a parent of the proposed protected minor.

(b) Any request made by the proposed protected minor, if he or she is 14 years of age or older, for the appointment of a person as guardian for the proposed protected minor.

(c) The relationship by blood or adoption of the proposed guardian to the proposed protected minor. In considering preferences of appointment, the court may consider relatives of the half blood equally with those of the whole blood. The court may consider relatives in the following order of preference:

(1) Parent.

(2) Adult sibling.

(3) Grandparent.

(4) Uncle or aunt.

(d) Any recommendation made by a master of the court or special master pursuant to NRS 159A.0615.

(e) Any recommendation made by:

(1) An agency which provides child welfare services, an agency which provides child protective services or a similar agency; or

(2) A guardian ad litem or court appointed special advocate who represents the proposed protected minor.

(f) Any request for the appointment of any other interested person that the court deems appropriate.

7. The court may award temporary guardianship pursuant to this section, supported by findings of suitability, pending a trial or evidentiary hearing if that appointment is supported by findings.

8. Notwithstanding the presumption set forth in subsection 4, in the event of competing petitions for the appointment of guardianship of a proposed protected minor, any finding of unsuitability of a parent of the proposed protected minor must be found by clear and convincing evidence after a hearing on the merits or an evidentiary hearing.

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ê2025 Statutes of Nevada, Page 2767 (CHAPTER 429, AB 460)ê

proposed protected minor, any finding of unsuitability of a parent of the proposed protected minor must be found by clear and convincing evidence after a hearing on the merits or an evidentiary hearing.

9. In determining whether to appoint a guardian of the person or estate of a proposed protected minor and who should be appointed, the court must always act in the best interests of the proposed protected minor.

10. A court shall not refuse to appoint a person as a guardian of the person or estate of a proposed protected minor solely because the person:

(a) Is deaf, is blind or has another physical disability; or

(b) Is the holder of a valid registry identification card.

11. As used in this section:

(a) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

(b) “Blind” has the meaning ascribed to it in NRS 426.082.

(c) “Holder of a valid registry identification card” means a person who holds a valid registry identification card as defined in NRS 678C.080 that identifies the person as:

(1) Exempt from state prosecution for engaging in the medical use of cannabis; or

(2) A designated primary caregiver as defined in NRS 678C.040.

Sec. 4. NRS 225.330 is hereby amended to read as follows:

225.330 “Other document” means a document registered with the Secretary of State pursuant to NRS 225.370 and may include, without limitation, a passport, a birth certificate, a marriage license, a form requesting to nominate a guardian that is executed in accordance with NRS 159.0753 , a form requesting to nominate a guardian of a minor that is executed in accordance with section 1 of this act or a power of attorney for health care that is properly executed pursuant to NRS 162A.790.

Sec. 4.5. NRS 225.370 is hereby amended to read as follows:

225.370 If the Nevada Lockbox is established pursuant to NRS 225.360:

1. A person who wishes to establish a lockbox and thereby register a will or other document in the Nevada Lockbox must submit to the Secretary of State:

(a) An application in the form prescribed by the Secretary of State; and

(b) A copy of the will or other document to be registered . [; and

2. If the person satisfies the requirements of subsection 1, the Secretary of State shall:

(a) Make an electronic reproduction of the will or other document and post it within the registrant’s lockbox;

(b) Assign to the registrant a registration number and access code for the lockbox; and

(1) The name of the registrant;

(2) The registration number assigned to the registrant pursuant to paragraph (b); and

(3) The access code assigned to the registrant pursuant to paragraph (b).

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ê2025 Statutes of Nevada, Page 2768 (CHAPTER 429, AB 460)ê

3. The Secretary of State shall establish procedures for, without limitation:

(a) The registration of a will or other document which replaces a will or other document that has been registered previously and posted within the Nevada Lockbox;

(b) The removal from the Nevada Lockbox of a will or other document that has been revoked at the request of the registrant; and

(c) The issuance of a duplicate registration card or the provision of other access by a registrant to his or her registration number and access code if a registration card issued pursuant to this section is lost, stolen, mutilated, destroyed or otherwise unavailable.

Sec. 5. NRS 225.380 is hereby amended to read as follows:

225.380 If the Nevada Lockbox is established pursuant to NRS 225.360:

1. Except as otherwise provided in this section, the Secretary of State shall not provide access to the lockbox of a registrant unless:

(a) The person requesting access provides the registration number and access code of the registrant;

(b) The Secretary of State determines that providing access to the lockbox is in the best interest of the registrant;

(d) Access to the lockbox is requested by the registrant or his or her personal representative; or

(e) Access to the lockbox is requested by a court, hospital, law enforcement agency or other entity that needs to determine whether a person has designated a guardian [.] for himself or herself or a minor. Except as otherwise provided in subsection 2, the Secretary of State shall ensure that a person who needs access to the lockbox pursuant to this paragraph does not have access to any document contained in the lockbox other than a form requesting to nominate a guardian that is executed in accordance with NRS 159.0753 [.] or a form requesting to nominate a guardian of a minor that is executed in accordance with section 1 of this act.

2. A court that requests access to the lockbox pursuant to paragraph (e) of subsection 1 may access any other document contained in the lockbox as is necessary to determine whether a person has made more than one designation of a guardian.

3. A registrant or his or her personal representative may access the lockbox of the registrant for any purpose.

Sec. 5.5. NRS 225.410 is hereby amended to read as follows:

225.410 [1. If the Nevada Lockbox is established pursuant to NRS 225.360, the Secretary of State may charge and collect fees for the registration of a will or other document pursuant to NRS 225.370.

2.] The Secretary of State may accept gifts, grants, bequests and other contributions from any source for the purpose of carrying out the provisions of NRS 225.300 to 225.440, inclusive. A person who gives a gift, grant, bequest or other contribution may designate a specific purpose for the gift, grant, bequest or other contribution to carry out the provisions of NRS 225.300 to 225.440, inclusive.

Sec. 6. (Deleted by amendment.)

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ê2025 Statutes of Nevada, Page 2769 (CHAPTER 429, AB 460)ê

Sec. 7. NRS 432B.4665 is hereby amended to read as follows:

432B.4665 1. The court may, upon the filing of a petition pursuant to NRS 432B.466, appoint a person as a guardian for a child if:

(a) The court finds:

(1) That the proposed guardian is suitable and is not disqualified from guardianship pursuant to NRS 159A.061;

(2) That the child has been in the custody of the proposed guardian for 6 months or more pursuant to a determination by a court that the child was in need of protection, unless the court waives this requirement for good cause shown;

(3) That the proposed guardian has complied with the requirements of chapter 159A of NRS; and

(4) That the burden of proof set forth in chapter 159A of NRS for the appointment of a guardian for a child has been satisfied;

(b) The child consents to the guardianship, if the child is 14 years of age or older; and

2. A guardianship established pursuant to this section:

(a) Provides the guardian with the powers and duties provided in NRS 159A.079, and subjects the guardian to the limitations set forth in NRS 159A.0805;

(b) Is subject to the provisions of NRS 159A.065 to 159A.076, inclusive, and section 1 of this act and 159A.185 to 159A.199, inclusive;

(d) Does not result in the termination of parental rights of a parent of the child; and

(e) Does not affect any rights of the child to inheritance, a succession or any services or benefits provided by the Federal Government, this state or an agency or political subdivision of this state.

Sec. 8. (Deleted by amendment.)

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

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ê2025 Statutes of Nevada, Page 2770 (CHAPTER 429, AB 460)ê

EMERGENCY REQUEST of Speaker of the Assembly

CHAPTER 430, AB 598

Assembly Bill No. 598–Assemblymember Yeager

CHAPTER 430

[Approved: June 9, 2025]

AN ACT relating to state land; exempting the development of state land for a certain qualified project or for certain cottages from certain provisions governing the oversight of certain buildings by the State Public Works Division of the Department of Administration and certain provisions governing public works; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law sets forth certain duties of the State Public Works Division of the Department of Administration which include, without limitation, the oversight and involvement of the Division in the planning, maintenance and construction of buildings upon property of the State. (Chapter 341 of NRS) Existing law sets forth general provisions applicable to public works, including provisions requiring, with certain exceptions, the payment of prevailing wages for public works projects. (NRS 338.013-338.090) Additionally, existing law establishes a program to provide matching funds to qualified projects that are facilities to provide support services to individuals and families experiencing homelessness or at risk of becoming homeless. (NRS 231.3711-231.3739) This bill exempts the development of certain state land for a qualified project or cottages to provide services related to behavioral health issues in children undertaken by the Campus for Hope Foundation, or its successor organization, from: (1) certain provisions governing state buildings and the oversight or involvement of the Division; and (2) certain provisions governing public works. This bill also requires a contractor or subcontractor who is awarded a contract for the development of certain state land for a qualified project to comply with prevailing wage requirements.

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. The development of state land for a qualified project or for cottages to provide services related to behavioral health issues in children by the Campus for Hope Foundation, or its successor organization, is:

(a) Exempt from the provisions of chapter 341 of NRS and not subject to the oversight or involvement of the State Public Works Division of the Department of Administration; and

(b) Except as otherwise provided in subsection 2, exempt from the provisions of chapter 338 of NRS.

2. The provisions of NRS 338.013 to 338.090, inclusive, apply to any contract awarded to a contractor or subcontractor by the Campus for Hope Foundation, or its successor organization, for the development of state land for a qualified project in the same manner as if a public body had awarded the contract.

3. As used in this section:

(a) “Development” includes, without limitation, any construction, improvement, repair, demolition, reconstruction, acquisition, equipment, operation or maintenance related to the qualified project or the cottages to provide services related to behavioral health issues in children by the Campus for Hope Foundation, or its successor organization.

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ê2025 Statutes of Nevada, Page 2771 (CHAPTER 430, AB 598)ê

operation or maintenance related to the qualified project or the cottages to provide services related to behavioral health issues in children by the Campus for Hope Foundation, or its successor organization.

(b) “Qualified project” has the meaning ascribed to it in NRS 231.3723.

(c) “State land” means that portion of the real property commonly known as the Southern Nevada Adult Mental Health Services Campus which includes Clark County parcel numbers 163-02-601-007 and 163-02-601-005.

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

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CHAPTER 431, AB 515

Assembly Bill No. 515–Committee on Health and Human Services

CHAPTER 431

[Approved: June 9, 2025]

AN ACT relating to the protection of children; revising provisions relating to certain categorical grants to fund the adoption assistance program; providing for a study of and the development of a plan for reinvesting certain money; making appropriations; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing federal law requires each child welfare agency to calculate savings realized from expanded eligibility for children under Title IV-E of the Social Security Act, known as “adoption savings,” and reinvest an equal amount in the state’s child welfare system. (42 U.S.C. § 673(a)(8)(D)) Existing law requires the Division of Child and Family Services of the Department of Health and Human Services to provide a categorical grant to each agency which provides child welfare services in a county whose population is 100,000 or more (currently Clark and Washoe Counties) for each fiscal year for its adoption assistance program. Existing law requires the Division to base the amount of such a categorical grant on the estimated cost of the projected growth in the adoption assistance program. (NRS 432B.219)

Under existing law, any money remaining from such a categorical grant that has not been used or committed for expenditure by the agency by the end of the fiscal year reverts to the State General Fund in most cases. However, existing law provides that the portion of such money remaining at the end of a fiscal year that is identified as adoption savings does not revert until the end of the immediately following fiscal year. Existing law authorizes the agency which provides child welfare services that received the categorical grant to use that money for any costs of providing child welfare services without restriction during that fiscal year. (NRS 432B.219) Section 1 of this bill instead provides that money awarded through such a categorical grant never reverts to the State General Fund, regardless of whether the money is identified as adoption savings. Additionally, section 1 requires an agency which provides child welfare services to continue to use such money for the costs of providing child welfare services in a manner consistent with the requirements and restrictions imposed by federal law. Section 2 of this bill defines “Division” for the purposes of sections 3, 4 and 5 of this bill to refer to the Division of Child and Family Services of the Department of Health and Human Services. Sections 3 and 4 appropriate to the Division certain unexpended adoption savings for expenditure in accordance with federal law to provide child welfare services. Section 5 requires the Division and other agencies which provide child welfare services in this State to study and develop a plan for reinvesting unexpended adoption savings.

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ê2025 Statutes of Nevada, Page 2772 (CHAPTER 431, AB 515)ê

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 432B.219 is hereby amended to read as follows:

432B.219 1. The Division of Child and Family Services shall provide a categorical grant to each agency which provides child welfare services for each fiscal year for its adoption assistance program to the extent that money has been appropriated to the Division for that purpose. The amount of the grant must be based upon the estimated cost of the projected growth in the adoption assistance program.

2. The amount of the grant awarded pursuant to subsection 1 must be determined for 2 years beginning on July 1 of each odd-numbered year and allocated each fiscal year.

3. Except as otherwise provided in subsection 4 , [:

(a) An] an agency which provides child welfare services that receives a grant pursuant to subsection 1 must use the money allocated only for costs associated with the adoption assistance program.

[(b)] 4. Any money from the grant awarded pursuant to subsection 1 that has not been used or committed for expenditure by the agency which provides child welfare services by the end of the fiscal year [reverts] :

(a) Does not revert to the State General Fund [.

4. The portion of any money remaining at the end of a fiscal year from a grant awarded pursuant to subsection 1 that is identified as savings pursuant to the calculation required under 42 U.S.C. § 673(a)(8)(D)(ii) does not revert to the State General Fund and may be carried forward to the next fiscal year and used for any costs of providing child welfare services without restriction. Any such money identified as savings that has not been used or committed for expenditure by the agency which provides child welfare services by the end of the fiscal year to which the money was carried forward reverts to the State General Fund.] ; and

(b) Must be used to pay the costs of providing child welfare services in a manner that is consistent with the requirements and restrictions set forth in 42 U.S.C. § 673(a)(8)(D).

Sec. 2. As used in sections 3, 4 and 5 of this act, “Division” means the Division of Child and Family Services of the Department of Health and Human Services.

Sec. 3. 1. There is hereby appropriated from the State General Fund to the Division for the Rural Child Welfare budget account for the reinvestment of adoption savings calculated pursuant to 42 U.S.C. § 673(a)(8)(A) in Fiscal Year 2022-2023 and Fiscal Year 2023-2024 the following sums:

For the Fiscal Year 2025-2026....................................................... $83,824

For the Fiscal Year 2026-2027.................................................... $345,309

2. There is hereby appropriated from the State General Fund to the Division for the Washoe County Child Welfare budget account for the

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ê2025 Statutes of Nevada, Page 2773 (CHAPTER 431, AB 515)ê

reinvestment of adoption savings calculated pursuant to 42 U.S.C. § 673(a)(8)(A) in Fiscal Year 2022-2023 and Fiscal Year 2023-2024 the following sums:

For the Fiscal Year 2025-2026.................................................... $607,022

For the Fiscal Year 2026-2027.................................................... $364,788

3. There is hereby appropriated from the State General Fund to the Division for the Clark County Child Welfare budget account for the reinvestment of adoption savings calculated pursuant to 42 U.S.C. § 673(a)(8)(A) in Fiscal Year 2022-2023 and Fiscal Year 2023-2024 the following sums:

For the Fiscal Year 2025-2026................................................. $1,820,305

For the Fiscal Year 2026-2027.................................................... $770,698

5. The sums appropriated by subsections 1, 2 and 3 are available for either fiscal year and any remaining balance does not revert to the State General Fund.

Sec. 4. 1. There is hereby appropriated from the State General Fund to the Division for the Rural Child Welfare budget account for the reinvestment of adoption savings as a result of the cumulative total unexpended balance reported to the United States Secretary of Health and Human Services pursuant to 42 U.S.C. § 673(a)(8)(B) the following sums:

For the Fiscal Year 2025-2026....................................................... $83,824

For the Fiscal Year 2026-2027.................................................... $345,309

2. There is hereby appropriated from the State General Fund to the Division for the Washoe County Child Welfare budget account for the reinvestment of adoption savings as a result of the cumulative total unexpended balance reported to the United States Secretary of Health and Human Services pursuant to 42 U.S.C. § 673(a)(8)(B) the following sums:

For the Fiscal Year 2025-2026.................................................... $607,022

For the Fiscal Year 2026-2027.................................................... $364,788

3. There is hereby appropriated from the State General Fund to the Division for the Clark County Child Welfare budget account for the reinvestment of adoption savings as a result of the cumulative total unexpended balance reported to the United States Secretary of Health and Human Services pursuant to 42 U.S.C. § 673(a)(8)(B) the following sums:

For the Fiscal Year 2025-2026................................................. $1,820,305

For the Fiscal Year 2026-2027.................................................... $770,698

4. The Division shall use the money appropriated pursuant to subsections 1, 2 and 3 for the costs of providing child welfare services in a manner that is consistent with the requirements and restrictions set forth in 42 U.S.C. § 673(a)(8)(D) in order to reduce the cumulative total unexpended balance reported to the United States Secretary of Health and Human Services pursuant to 42 U.S.C. § 673(a)(8)(B).

5. The sums appropriated by subsections 1, 2 and 3 are available for either fiscal year and any remaining balance does not revert to the State General Fund.

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ê2025 Statutes of Nevada, Page 2774 (CHAPTER 431, AB 515)ê

Sec. 5. 1. During the 2025-2026 interim, the Division, in consultation with the Office of Finance and the other agencies which provide child welfare services in this State, shall:

(a) Study the reinvestment, in accordance with 42 U.S.C. § 673(a)(8)(D), of adoption savings as a result of the cumulative total unexpended balance reported to the United States Secretary of Health and Human Services pursuant to 42 U.S.C. § 673(a)(8)(B); and

(b) Based on the findings of the study, develop a plan to reinvest those adoption savings as described in paragraph (a).

2. The study conducted pursuant to paragraph (a) of subsection 1 must include, without limitation, an internal audit by each agency which provides child welfare services in this State to determine which expenditures of state revenue by the agency may be eligible uses under 42 U.S.C. § 673(a)(8)(D) for reinvested adoption savings.

3. The Division shall coordinate with the United States Secretary of Health and Human Services to amend the cumulative total unexpended balance reported to the Secretary pursuant to 42 U.S.C. § 673(a)(8)(B) as necessary based on the study conducted pursuant to paragraph (a) of subsection 1.

4. The Division shall utilize the plan developed pursuant to paragraph (b) of subsection 1 when developing its budget for the 2027-2029 biennium. The Governor shall utilize that plan when developing the proposed executive budget for the 2027-2029 biennium.

5. On or before February 1, 2026, the Division shall submit the plan developed pursuant to paragraph (b) of subsection 1 and any recommendations resulting from the study pursuant to paragraph (a) of subsection 1 to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee.

6. As used in this section, “agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

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

2. Sections 2 to 5, inclusive, of this act become effective on July 1, 2025.

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