[Rev. 8/22/2025 11:17:11 AM]
κ2025 Statutes of Nevada, Page 3485κ
Assembly Bill No. 542Committee on Ways and Means
CHAPTER 507
[Approved: June 10, 2025]
AN ACT relating to offenders; extending the reversion date of the appropriation made by the 81st Session of the Nevada Legislature to the Department of Corrections for certain costs related to the Nevada Offender Tracking Information System; revising provisions governing credits earned by an offender which reduce the term of imprisonment of the offender; and providing other matters properly relating thereto.
Legislative Counsels Digest:
During the 2021 Legislative Session, the Legislature appropriated $1,436,720 to the Department of Corrections for the reintegration of the Offender Sentence Management System into the Nevada Offender Tracking Information System. Any remaining balance of that appropriation was required to be reverted to the State General Fund on or before September 15, 2023. (Chapter 463, Statutes of Nevada 2021, at page 2875) During the 2023 Legislative Session, the Legislature extended the reversion date to on or before September 19, 2025. (Section 84 of chapter 209, Statutes of Nevada 2023, at page 1257) Section 2 of this bill extends the reversion date to on or before September 17, 2027.
Existing law allows an offender to earn certain credits to reduce his or her sentence of imprisonment. (NRS 209.432-209.453) During the 2023 Legislative Session, the Legislature enacted Senate Bill No. 413, which established a revised method for awarding credits to reduce the sentence of an offender that applied to an offender sentenced to a crime committed: (1) on or after July 1, 2025; or (2) before July 1, 2025, if the offender elected to be subject to the revised method. (Chapter 394, Statutes of Nevada 2023, at page 2308) Section 7 of this bill delays the implementation of the revised method to July 1, 2026. Under section 3 of this bill, the revised method for awarding credits to reduce the sentence of an offender applies to an offender sentenced to a crime committed: (1) on or after July 1, 2026; or (2) before July 1, 2026, if the offender elects to be subject to the revised method. Section 3 also: (1) permits an offender to earn additional credit for engaging in exceptional meritorious service; (2) requires the Department to provide an offender with certain information before the offender elects to be subject to the revised method; and (3) makes various other changes relating to the revised method. Sections 4-6 make conforming changes to reflect the change of date in section 3.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 2. Section 2 of chapter 463, Statutes of Nevada 2021, as amended by chapter 209, Statutes of Nevada 2023, at page 1257, is hereby amended to read as follows:
Sec. 2. 1. There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $1,436,720 for the reintegration of the Offender Sentence Management System into the Nevada Offender Tracking Information System.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, [2025,] 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September [19, 2025,] 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September [19, 2025.]
κ2025 Statutes of Nevada, Page 3486 (CHAPTER 507, AB 542)κ
transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September [19, 2025,] 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September [19, 2025.] 17, 2027.
Sec. 3. Section 1 of chapter 394, Statutes of Nevada 2023, at page 2310, is hereby amended to read as follows:
Section 1. Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:
1. [Except as otherwise provided in this subsection, an] An offender [who complies with the programming and placement identified in the risk and needs assessment administered pursuant to NRS 209.341, as determined by the Director,] must be allowed credit against the minimum term or minimum aggregate term, as applicable, of his or her sentence for good behavior in an amount of days that is equivalent to 35 percent of the minimum term or minimum aggregate term, as applicable, of the sentence of the offender. [Any] In addition to this credit , the Director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service. Credit allowed pursuant to this subsection [may reduce the minimum term or the minimum aggregate term imposed by the sentence, as applicable, by not more than 58 percent. Credit] must be allowed only for the period the offender is actually incarcerated pursuant to his or her sentence and applies to eligibility for parole . [, unless the offender was sentenced pursuant to a specific statute which specifies that a minimum sentence must be served before the offender becomes eligible for parole.] Any forfeiture of credit pursuant to a specific statute must be applied after the credit allowed in this subsection. This subsection does not apply to an offender who has been convicted of:
(a) Any crime that is punishable as a felony involving the use or threatened use of force or violence against the victim.
(b) A sexual offense that is punishable as a felony.
(c) A violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430 that is punishable as a felony.
(d) A category A or B felony.
2. [Except as otherwise provided in this subsection, an] An offender [who complies with the programming and placement identified in the risk and needs assessment administered pursuant to NRS 209.341, as determined by the Director,] must be allowed credit against the maximum term or maximum aggregate term, as applicable, of his or her sentence for good behavior in an amount of days that is equivalent to 35 percent of the maximum term or maximum aggregate term, as applicable, of his or her sentence. In addition to this credit, the Director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service. Any forfeiture of credit pursuant to a specific statute must be applied after the credit allowed in this subsection. Credit allowed pursuant to this subsection:
(a) Must be allowed only for any period the offender is:
(1) Actually incarcerated pursuant to his or her sentence;
(2) In residential confinement; or
κ2025 Statutes of Nevada, Page 3487 (CHAPTER 507, AB 542)κ
(3) In the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888.
(b) Is in addition to any credit allowed to reduce the sentence of the offender that is authorized pursuant to a specific statute.
3. An offender who is sentenced to prison for a crime committed before July 1, [2025,] 2026, may irrevocably elect to be subject to the provisions of this section. [The] Any such election [by an offender] must apply to [be subject] both the calculation of credits allowed pursuant to subsection 1 to reduce the minimum term or minimum aggregate term, as applicable, and to the [provisions of this section must not:
(a) Extend the sentence] calculation of credits allowed pursuant to subsection 2 to reduce the [offender;] maximum term or maximum aggregate term, as applicable. Before an offender makes any such election, the Department shall provide the offender with a written projection that compares:
(a) The estimated credit the offender may receive to reduce the term of his or her sentence if the offender elects to be subject to the provisions of this section; and
(b) [Otherwise] The estimated credit the offender may receive to reduce the term of his or her sentence if the offender does not make such an election.
4. Nothing in this section shall be construed to reduce retroactively the amount of credit allowed to reduce the sentence of the offender under the laws of this State as those laws existed before July 1, [2025,] 2026, if doing so would constitute a violation under the United States Constitution or the Nevada Constitution.
[4.] 5. The Director shall:
(a) Provide each offender in the custody of the Department with a list that includes:
(1) The programs identified in the risk and needs assessment administered to the offender pursuant to NRS 209.341, as determined by the Director;
(2) The programs available at the institution or facility to which the offender has been assigned; and
(3) Which of the programs described in subparagraph (1) are available at the institution or facility to which the offender has been assigned; and
(b) At the time the Department compiles and provides to the State Board of Parole Commissioners data that will assist the Board in determining whether parole should be granted to the offender pursuant to NRS 213.131, submit a report to the Board that includes:
(1) The list of programs provided to the offender pursuant to paragraph (a); and
(2) The programs provided to the offender pursuant to paragraph (a) that the offender successfully completed.
[5.] 6. The Board shall adopt regulations to carry out the provisions of this section. Such regulations must:
(a) Include, without limitation, provisions governing the award, forfeiture and restoration of credits pursuant to this section; and
(b) Require the forfeiture of credits awarded pursuant to this section if the offender does not comply with the programming and placement identified in the risk and needs assessment administered pursuant to NRS 209.341, as determined by the Director.
κ2025 Statutes of Nevada, Page 3488 (CHAPTER 507, AB 542)κ
placement identified in the risk and needs assessment administered pursuant to NRS 209.341, as determined by the Director.
Sec. 4. Section 3 of chapter 394, Statutes of Nevada 2023, at page 2311, is hereby amended to read as follows:
Sec. 3. NRS 209.4465 is hereby amended to read as follows:
209.4465 1. Unless an offender has elected to be subject to the provisions of section 1 of this act, an offender who is sentenced to prison for a crime committed on or after July 17, 1997, but before July 1, [2025,] 2026, who has no serious infraction of the regulations of the Department, the terms and conditions of his or her residential confinement or the laws of the State recorded against the offender, and who performs in a faithful, orderly and peaceable manner the duties assigned to the offender, must be allowed:
(a) For the period the offender is actually incarcerated pursuant to his or her sentence;
(b) For the period the offender is in residential confinement; and
(c) For the period the offender is in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888,
Κ a deduction of 20 days from his or her sentence for each month the offender serves.
2. In addition to the credits allowed pursuant to subsection 1, the Director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:
(a) For earning a general educational development certificate or an equivalent document, 60 days.
(b) For earning a high school diploma, 90 days.
(c) For earning his or her first associate degree, 120 days.
3. The Director may, in his or her discretion, authorize an offender to receive a maximum of 90 days of credit for each additional degree of higher education earned by the offender.
4. The Director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, program for reentry of offenders and parolees into the community, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is eligible to earn the entire 30 days of credit each month that is allowed pursuant to subsections 1 and 2.
5. The Director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.
6. The Board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.
7. Except as otherwise provided in subsections 8 and 9, credits earned pursuant to this section:
(a) Must be deducted from the maximum term or the maximum aggregate term imposed by the sentence, as applicable; and
(b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence that must be served before a person becomes eligible for parole.
κ2025 Statutes of Nevada, Page 3489 (CHAPTER 507, AB 542)κ
8. Credits earned pursuant to this section by an offender who has not been convicted of:
(a) Any crime that is punishable as a felony involving the use or threatened use of force or violence against the victim;
(b) A sexual offense that is punishable as a felony;
(c) A violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430 that is punishable as a felony; or
(d) A category A or B felony,
Κ apply to eligibility for parole and, except as otherwise provided in subsection 9, must be deducted from the minimum term or the minimum aggregate term imposed by the sentence, as applicable, until the offender becomes eligible for parole and must be deducted from the maximum term or the maximum aggregate term imposed by the sentence, as applicable.
9. Credits deducted pursuant to subsection 8 may reduce the minimum term or the minimum aggregate term imposed by the sentence, as applicable, by not more than 58 percent for an offender who:
(a) Is serving a sentence for an offense committed on or after July 1, 2014; or
(b) On or after July 1, 2014, makes an irrevocable election to have his or her consecutive sentences aggregated pursuant to NRS 213.1212.
10. In addition to the credits allowed pursuant to this section, if the Governor determines, by executive order, that it is necessary, the Governor may authorize the deduction of not more than 5 days from a sentence for each month an offender serves. This subsection must be uniformly applied to all offenders under a sentence at the time the Governor makes such a determination.
Sec. 5. Section 5 of chapter 394, Statutes of Nevada 2023, at page 2314, is hereby amended to read as follows:
Sec. 5. NRS 209.4477 is hereby amended to read as follows:
209.4477 1. Unless an offender has elected to be subject to the provisions of section 1 of this act, an offender who is serving a sentence for a crime committed before July 1, [2025,] 2026, and who is actually incarcerated in an institution or facility of the Department pursuant to his or her sentence during a period in which a state of emergency due to a communicable or infectious disease has been declared by the Governor and remains in effect must be allowed, in addition to the credits provided pursuant to NRS 209.433, 209.443, 209.446 or 209.4465, a deduction of 5 days from his or her sentence for each month the offender serves during the state of emergency. An offender shall not be allowed more than 60 days of credit pursuant to this section.
2. Credits earned pursuant to this section:
(a) Apply to eligibility for parole and must be deducted from the minimum term or the minimum aggregate term imposed by the sentence, as applicable, until the offender becomes eligible for parole, unless the offender was sentenced pursuant to a statute which specifies a minimum sentence which must be served before a person becomes eligible for parole; and
(b) Must be deducted from the maximum term or the maximum aggregate term imposed by the sentence, as applicable.
κ2025 Statutes of Nevada, Page 3490 (CHAPTER 507, AB 542)κ
3. Not later than 60 days after a state of emergency due to a communicable or infectious disease has been declared by the Governor, the Director shall submit a report containing a list of the offenders who have received credits pursuant to this section to the Chief Justice of the Nevada Supreme Court, the State Public Defender, the Attorney General, the Executive Director of the Department of Sentencing Policy and the Director of the Legislative Counsel Bureau for transmittal to the Legislature or, if the Legislature is not in session, to the Joint Interim Standing Committee on the Judiciary.
4. As used in this section:
(a) Communicable disease means an infectious disease that can be transmitted from person to person, animal to person or insect to person.
(b) Infectious disease means a disease caused by a living organism or other pathogen, including a fungus, bacillus, parasite, protozoan or virus. An infectious disease may or may not be transmissible from person to person, animal to person or insect to person.
Sec. 6. Section 7 of chapter 394, Statutes of Nevada 2023, at page 2315, is hereby amended to read as follows:
Sec. 7. NRS 209.449 is hereby amended to read as follows:
209.449 1. Unless an offender has elected to be subject to the provisions of section 1 of this act, an offender who is serving a sentence for a crime committed before July 1, [2025,] 2026, and who has no serious infraction of the regulations of the Department, the terms and conditions of his or her residential confinement or the laws of the State recorded against the offender must be allowed, in addition to the credits provided pursuant to NRS 209.433, 209.443, 209.446 or 209.4465, a deduction of 60 days from the maximum term or the maximum aggregate term of the offenders sentence, as applicable, for the successful completion of:
(a) A program of vocational education and training; or
(b) Any other program approved by the Director.
2. If the offender completes such a program with meritorious or exceptional achievement, the Director may allow not more than 60 days of credit in addition to the 60 days allowed for completion of the program.
Sec. 7. Section 11 of chapter 394, Statutes of Nevada 2023, at page 2318, is hereby amended to read as follows:
Sec. 11. 1. This section and section 10.5 of this act become effective upon passage and approval.
2. Sections 10.1 and 10.3 of this act become effective on July 1, 2023.
3. Sections 1 to 10, inclusive, of this act become effective 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 on July 1, [2025,] 2026, for all other purposes.
Sec. 8. This act becomes effective upon passage and approval.
________
κ2025 Statutes of Nevada, Page 3491κ
Assembly Bill No. 594Committee on Ways and Means
CHAPTER 508
[Approved: June 10, 2025]
AN ACT relating to taxation; authorizing the Department of Taxation to deliver by electronic means notices, decisions and other written communications under certain circumstances; authorizing the Board of Economic Development to deny an application for an abatement, partial abatement or transferable tax credits under certain circumstances; revising the manner in which the Department determines the industry in which a business is engaged for the purposes of the commerce tax; revising the due date for the payment of sales and use taxes; authorizing businesses that recycle certain materials or produce certain fuels from recycled materials to apply to the Office of Economic Development for a partial abatement of certain taxes; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 1.3 of this bill authorizes the Department of Taxation to deliver by electronic means any notice, decision or other written communication that the Department is required to provide to a person under existing law, unless: (1) the person has opted out of receiving such notices, decisions or written communications by electronic means; or (2) another provision of law specifies the means by which the Department is required to send such a notice, decision or written communication. Under section 1.3, the electronic means by which the Department may send notices, decisions and other written communications are: (1) delivery to a secure account of a person who has registered for an account with an electronic system maintained by the Department; (2) delivery to an electronic mail address at which a person has agreed to receive notices, decisions and other written communications from the Department; and (3) posting a notice, decision or other written communication on an electronic network or Internet website maintained by the Department that is accessible to a person via the Internet or a mobile application and delivering a separate notice of such posting to the electronic mail address of the person. Sections 2 and 3 of this bill clarify that the Department is required to continue to provide notice by personal service or by mail of determinations of deficiency in the payment of taxes or the suspension or revocation of certain permits issued by the Department. (NRS 360.350, 360.5975)
Existing law authorizes the Office of Economic Development to approve transferable tax credits and abatements or partial abatements of certain property taxes, business taxes and sales and use taxes for certain businesses in certain circumstances. (NRS 231.1555, 274.310, 274.320, 274.330, 360.750, 360.753, 360.754, 360.759, 360.889, 360.945) Section 1.5 of this bill authorizes the Board of Economic Development to deny, or approve for a lesser amount, an application for an abatement, partial abatement or transferable tax credits if the Board determines that approving the full amount applied for is not in the best interests of the State. Section 1.5 lists certain factors that the Board may consider in determining whether granting the full amount applied for is in the best interests of the State.
κ2025 Statutes of Nevada, Page 3492 (CHAPTER 508, AB 594)κ
Existing law authorizes the Office to approve a partial abatement from the taxes imposed on real property for a business that: (1) engages in the primary trade of preparing, fabricating, manufacturing or otherwise processing raw material or an intermediate product using a certain percentage of recycled materials or includes as a primary component a facility for the generation of electricity from recycled material; and (2) has as its primary purpose the conservation of energy or the substitution of other sources of energy for fossil fuel sources of energy. (NRS 701A.210) Section 7.5 of this bill authorizes the Office to grant such a partial abatement of property taxes to a business that: (1) includes as a primary component a facility for the production of biofuels, biomass or other primary fuels from recycled material to produce energy; or (2) primarily engages in the recycling or repurposing of materials that were used to produce or store renewable energy, including, without limitation, materials used in solar panels or waste materials resulting from the extraction of minerals.
Existing law imposes a commerce tax on the Nevada gross revenue of certain business entities whose Nevada gross revenue exceeds $4,000,000 in a taxable year, at a rate that is based on the industry in which a business entity is engaged. (Chapter 363C of NRS) Section 13 of this bill repeals the provision of existing law that provides that for the purpose of determining the commerce tax rate of a business entity, the industry in which a business entity is engaged is determined based on the 2012 edition of the North American Industry Classification System (NAICS) published by the Bureau of the Census of the United States Department of Commerce. (NRS 363C.060) Section 4 of this bill instead provides that the industry in which a business entity is engaged is determined based on the most recent edition of the NAICS. Section 5 of this bill updates certain NAICS codes in the publishing, software and data processing business categories to reflect the 2022 version of the NAICS, which is the most recent version published by the Bureau of the Census. (NRS 363C.430) Section 14 of this bill provides that the changes made by sections 4, 5 and 13 apply only to taxable years commencing on or after July 1, 2025, thereby prohibiting retroactive application of the changes made by those sections to previous taxable years.
Under existing law, with certain exceptions, a person required to pay sales or use tax is required to remit such taxes to the Department on or before the last day of the month after the tax was imposed. (NRS 372.355, 374.360) Sections 6 and 7 of this bill revise the due date for remitting such taxes by requiring sales or use tax to be remitted to the Department on or before the 20th day of the month after the tax was imposed. Sections 14 and 15 of this bill provide that the change to the due date for remitting sales and use taxes to the Department applies only to a taxable period beginning on or after January 1, 2026, thereby prohibiting retroactive application of the change to such due date to taxable periods beginning before January 1, 2026.
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 360 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.5 of this act.
Sec. 1.3. 1. Except as otherwise provided by specific statute, the Department may deliver by electronic means any notice, decision or other written communication which the Department is required to provide to a
κ2025 Statutes of Nevada, Page 3493 (CHAPTER 508, AB 594)κ
person pursuant to this title if the notice, decision or other written communication delivered by the Department through electronic means contains or is accompanied by information from which the person can determine the date on which the Department sent the notice, decision or other written communication.
2. The Department shall allow a person, at any time, to opt out of receiving notices, decisions and written communications from the Department through electronic means. Except as otherwise provided by specific statute, if a person opts out of receiving such notices, decisions and written communications through electronic means, the Department shall send such notices, decisions and written communications by mail addressed to the person at his or her address as it appears in the records of the Department.
3. As used in this section, deliver by electronic means means:
(a) To deliver to the secure account of a person who has registered for an account with an electronic system maintained by the Department;
(b) To deliver to an electronic mail address at which a person has agreed to receive notices, decisions and other written communications from the Department; or
(c) To post a notice, decision or other written communication on an electronic network or Internet website maintained by the Department that is accessible via the Internet or a mobile application or by using a computer, mobile device, tablet or any other electronic device and to deliver a separate notice of the posting of the notice, decision or other written communication to the electronic mail address of the person described in paragraph (b).
Sec. 1.5. 1. Notwithstanding any other provisions of law, if the Board of Economic Development determines, with respect to an application for an abatement or partial abatement of taxes or for transferable tax credits which is reviewed by the Board, that granting the full amount of the abatement, partial abatement or transferable tax credits requested or to which the applicant would otherwise be entitled is not in the best interests of the State, the Board must:
(a) Deny the application; or
(b) Approve the application but for a lesser amount, or otherwise place conditions on the approval of the abatement, partial abatement or transferable tax credits.
2. In determining whether granting the full amount of an abatement, partial abatement or transferable tax credits is in the best interests of the State for the purposes of subsection 1, the Board of Economic Development may consider the following factors, with respect to the business that is the subject of the application:
(a) The projected water consumption of the business, particularly if the business is or will be located in a region with limited water resources, with the goal of promoting the sustainable use of the water supplies in this State.
(b) The alignment of the business with the social objectives of the State, including, without limitation, the promotion of equity, education and community well-being.
κ2025 Statutes of Nevada, Page 3494 (CHAPTER 508, AB 594)κ
(c) The potential environmental impact of the business, including, without limitation, the likelihood of a significant adverse effect on air quality, water quality or local ecosystems.
(d) The alignment of the business with the economic objectives of the State, including, without limitation, the creation of jobs, the diversification of the economy of the State and the long-term economic development of the State.
(e) The anticipated impact of the business on local communities, including, without limitation, the impact on traffic, infrastructure and community resources.
(f) The financial stability and viability of the business, including, without limitation, signs of financial instability that may pose a risk to state investments.
3. The Board of Economic Development may consider the factors listed in subsection 2 with respect to any other decision which the Board is authorized to make with respect to an application for an abatement, partial abatement or transferable tax credits, including, without limitation, the duration of the abatement, partial abatement or transferable tax credits.
Sec. 2. NRS 360.350 is hereby amended to read as follows:
360.350 1. The Department shall give a person against whom a determination has been made written notice of its determination [.] in accordance with subsection 2.
2. The notice may be served personally or by mail. If served by mail, the notice must be addressed to the person at his or her address as it appears in the records of the Department.
3. If notice is served by mail, service is complete at the time of deposit with the United States Postal Service.
4. Service of notice tolls any limitation for the determination of a further deficiency.
Sec. 3. NRS 360.5975 is hereby amended to read as follows:
360.5975 1. Whenever any person fails to comply with any provision of chapter 372, 374 or 377 of NRS relating to the taxes imposed by those chapters or any regulation of the Department relating to the taxes imposed by chapters 372, 374 and 377 of NRS, the Department, after a hearing of which the person was given prior notice of at least 10 days in writing specifying the time and place of the hearing and requiring the person to show cause as to why his or her permit or permits should not be revoked or suspended, may revoke or suspend any one or more of the permits held by the person.
2. The Department shall give to the person written notice of the suspension or revocation of any of his or her permits [.] in accordance with subsection 3.
3. The notices may be served personally or by mail in the manner prescribed for service of notice of a deficiency determination.
4. The Department shall not issue a new permit after the revocation of a permit unless it is satisfied that the former holder of the permit will comply with the provisions of chapters 372, 374 and 377 of NRS relating to the taxes imposed by those chapters and the regulations of the Department.
κ2025 Statutes of Nevada, Page 3495 (CHAPTER 508, AB 594)κ
Sec. 4. Chapter 363C of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section and unless the context otherwise requires, for the purposes of this chapter, references to the North American Industry Classification System or NAICS are to the most recent edition of the North American Industry Classification System published by the Bureau of the Census of the United States Department of Commerce.
2. The Department shall review each new edition of the North American Industry Classification System published by the Bureau of the Census of the United States Department of Commerce after July 1, 2025. If the Department determines that the adoption of the new edition would cause a business entity to be categorized in a different business category set forth in NRS 363C.310 to 363C.550, inclusive, or would cause a business entity categorized in the unclassified business category pursuant to NRS 363C.560 to be categorized in a business category set forth in NRS 363C.310 to 363C.550, inclusive:
(a) The Department shall notify the Office of Finance and the Fiscal Analysis Division of the Legislative Counsel Bureau; and
(b) The new edition of the North American Industry Classification System must not become effective unless legislation adopting the new edition is enacted by the Legislature and approved by the Governor.
Sec. 5. NRS 363C.430 is hereby amended to read as follows:
363C.430 1. The publishing, software and data processing business category (NAICS [511,] 512, [515] 513, 516 and 518) includes all business entities primarily engaged in:
(a) [Publishing, except on the Internet, including, without limitation, the publishing of newspapers, magazines, other periodicals and books, as well as directory and mailing list and software publishing;
(b)] Motion picture and sound recording, including, without limitation, the production and distribution of motion pictures and sound recordings;
(b) Publishing, except on the Internet, including, without limitation, the publishing of newspapers, magazines, other periodicals and books, as well as directory and mailing list and software publishing;
(c) Broadcasting, except on the Internet, including, without limitation, creating content or acquiring the right to distribute content and subsequently broadcast or distribute the content; and
(d) Data processing, hosting and related services, including, without limitation, the provision of infrastructure for hosting and data processing services.
2. The amount of the commerce tax for a business entity included in this category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.253 percent.
Sec. 6. NRS 372.355 is hereby amended to read as follows:
372.355 Except as otherwise provided in NRS 372.380 or required by the Department pursuant to NRS 360B.200, the taxes imposed by this chapter are due and payable to the Department monthly on or before the [last day] 20th day of the month next succeeding each month.
κ2025 Statutes of Nevada, Page 3496 (CHAPTER 508, AB 594)κ
Sec. 7. NRS 374.360 is hereby amended to read as follows:
374.360 Except as otherwise provided in NRS 374.385 or required by the Department pursuant to NRS 360B.200, the taxes imposed by this chapter are due and payable to the Department monthly on or before the [last day] 20th day of the month next succeeding each month.
Sec. 7.5. NRS 701A.210 is hereby amended to read as follows:
701A.210 1. Except as otherwise provided in this section, the Office of Economic Development may grant a business a partial abatement from the taxes imposed on real property pursuant to chapter 361 of NRS if : [a:]
(a) [Business that engages] The business:
(1) Engages in the primary trade of preparing, fabricating, manufacturing or otherwise processing raw material or an intermediate product through a process in which at least 50 percent of the material or product is recycled on-site; [or
(b) Business that includes]
(2) Includes as a primary component a facility for the generation of electricity from recycled material [,
Κ is found by the Office of Economic Development to have] or a facility for the production of biofuels, biomass or other primary fuels from recycled material to produce energy; or
(3) Primarily engages in the recycling or repurposing of materials that were used to produce or store renewable energy, including, without limitation, materials used in solar panels or waste materials resulting from the extraction of minerals;
(b) The Office finds that the business has as a primary purpose the conservation of energy , [or] the substitution of other sources of energy for fossil sources of energy [and] or the advancement of the environmental sustainability and energy goals of this State;
(c) The business obtains certification from the Office [of Economic Development] pursuant to NRS 360.750 [, the Office may, if the] ; and
(d) The business [additionally] satisfies the requirements set forth in subsection 2 of NRS 361.0687 . [, grant to the business a partial abatement from the taxes imposed on real property pursuant to chapter 361 of NRS.]
2. If a partial abatement from the taxes imposed on real property pursuant to chapter 361 of NRS is approved by the Office of Economic Development pursuant to NRS 360.750 for a business described in subsection 1:
(a) The partial abatement must:
(1) Be for a duration of at least 1 year but not more than 10 years;
(2) Not exceed 50 percent of the taxes on real property payable by the business each year; and
(3) Be administered and carried out in the manner set forth in NRS 360.750.
(b) The Executive Director of the Office of Economic Development shall notify the county assessor of the county in which the business is located of the approval of the partial abatement, including, without limitation, the duration and percentage of the partial abatement that the Office granted. The
κ2025 Statutes of Nevada, Page 3497 (CHAPTER 508, AB 594)κ
Executive Director shall, on or before April 15 of each year, advise the county assessor of each county in which a business qualifies for a partial abatement during the current fiscal year as to whether the business is still eligible for the partial abatement in the next succeeding fiscal year.
3. The partial abatement provided in this section applies only to the business for which certification was granted pursuant to NRS 360.750 and the property used in connection with that business. The exemption does not apply to property in this State that is not related to the business for which the certification was granted pursuant to NRS 360.750 or to property in existence and subject to taxation before the certification was granted.
4. As used in this section [, facility] :
(a) Anaerobic digestion means the breaking down of organic waste using anaerobic bacteria to create biofuel.
(b) Biofuel means any alcohol, ether, ester or other chemical compound made from herbaceous plants, woody plants or organic waste.
(c) Biomass means any organic matter that is available on a renewable basis, including, without limitation:
(1) Agricultural crops and agriculture wastes and residues;
(2) Wood and wood wastes and residues;
(3) Animal wastes;
(4) Municipal wastes; and
(5) Aquatic plants.
(d) Facility for the generation of electricity from recycled material means a facility for the generation of electricity that uses recycled material as its primary fuel, including material from:
[(a)] (1) Industrial or domestic waste, other than hazardous waste, even though it includes a product made from oil, natural gas or coal, such as plastics, asphalt shingles or tires;
[(b)] (2) Agricultural crops, whether terrestrial or aquatic, and agricultural waste, such as manure and residue from crops; and
[(c)] (3) Municipal waste, such as sewage and sludge.
Κ The term includes all the equipment in the facility used to process and convert into electricity the energy derived from a recycled material fuel [.] and a facility for the generation of electricity through modified microbial fuel cells.
(e) Facility for the production of biofuels, biomass or other primary fuels from recycled material means a facility for the production of biofuels, biomass or other primary fuels that uses recycled material to produce biofuels, biomass or other primary fuels for use in the generation of energy, including material from:
(1) Industrial or domestic waste, other than hazardous waste, even though it includes a product made from oil, natural gas or coal, such as plastics, asphalt shingles or tires;
(2) Agricultural crops, whether terrestrial or aquatic, and agricultural waste, such as manure and residue from crops; and
(3) Municipal waste, such as sewage and sludge.
κ2025 Statutes of Nevada, Page 3498 (CHAPTER 508, AB 594)κ
Κ The term includes all the equipment in the facility used to process and convert into biofuels, biomass or other primary fuels the energy derived from a recycled material and a facility for the production of biofuels, biomass or other primary fuels through gasification and pyrolysis, anaerobic digestion, the recovery of gas from landfills or triboelectric devices.
(f) Gasification and pyrolysis means the use of heat to convert waste into synthesis gas.
(g) Modified microbial fuel cell means the use of microorganisms to convert the chemical energy in organic waste into electricity while simultaneously treating wastewater.
(h) Recycled material includes, without limitation, critical materials, waste materials from the extraction of minerals and products for the production or storage of renewable energy that are recycled or repurposed.
(i) Renewable energy means biomass. The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.
(j) Triboelectric device means a device that converts energy from ambient vibrations into electricity.
Secs. 8-12. (Deleted by amendment.)
Sec. 13. NRS 363C.060 is hereby repealed.
Sec. 14. 1. The provisions of sections 4, 5 and 13 of this act apply only to a taxable year, as defined in NRS 363C.080, commencing on or after July 1, 2025.
2. The amendatory provisions of sections 6 and 7 of this act apply only to a taxable period commencing on or after January 1, 2026.
Sec. 15. 1. This section, sections 1 to 5, inclusive, and sections 7.5 to 13, inclusive, of this act and subsection 1 of section 14 of this act become effective on July 1, 2025.
2. Sections 6 and 7 of this act and subsection 2 of section 14 of this act become effective on January 1, 2026.
________
κ2025 Statutes of Nevada, Page 3499κ
Assembly Bill No. 595Committee on Ways and Means
CHAPTER 509
[Approved: June 10, 2025]
AN ACT relating to fiscal notes; revising provisions governing the information concerning fiscal effect that must be included in the summary of each bill or joint resolution introduced in the Legislature; revising provisions governing the preparation of fiscal notes; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Fiscal Analysis Division of the Legislative Counsel Bureau to obtain a fiscal note on each bill or joint resolution that: (1) creates or increases any fiscal liability of the State or decreases any revenue of the State which appears to be in excess of $2,000; or (2) increases or newly provides for a term of imprisonment in the state prison or makes release on parole or probation from the state prison less likely. However, such a fiscal note is not required on any bill or joint resolution relating exclusively to the proposed executive budget. (NRS 218D.430) For the purpose of indicating whether the Fiscal Analysis Division is required to obtain a fiscal note on a bill or joint resolution, the summary of each bill or joint resolution introduced in the Legislature is required to include a statement of the fiscal effect on the State. Such a statement may include, without limitation, a statement that the fiscal effect on the State is included in the Executive Budget or contains an appropriation included in the Executive Budget. (NRS 218D.415) This bill clarifies that for the purposes of determining the fiscal effect on the State included in the summary of a bill or joint resolution and whether or not the Fiscal Analysis Division is required to obtain a fiscal note, the Executive Budget is the proposed budget submitted by the Governor to the Legislature not later than 14 calendar days before the commencement of the regular legislative session. (NRS 353.230)
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 218D.415 is hereby amended to read as follows:
218D.415 1. The summary of each bill or joint resolution introduced in the Legislature must include the statement:
(a) Fiscal Note: Effect on Local Government: May have Fiscal Impact,
Fiscal Note: Effect on Local Government: No, or
Fiscal Note: Effect on Local Government: Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility,
Κ whichever is appropriate; and
(b) Effect on the State: Yes,
Effect on the State: No,
Effect on the State: Contains Appropriation included in Executive Budget,
Effect on the State: Executive Budget, or
Effect on the State: Contains Appropriation not included in Executive Budget,
Κ whichever is appropriate.
κ2025 Statutes of Nevada, Page 3500 (CHAPTER 509, AB 595)κ
2. The Legislative Counsel shall consult the Fiscal Analysis Division to secure the appropriate information for summaries of bills and joint resolutions.
3. If an amendment adds an appropriation to a bill that previously did not include an appropriation or removes all appropriations from a bill that previously included one or more appropriations, the Legislative Counsel shall change the summary of the bill to reflect the inclusion or removal.
4. For the purposes of this section, the Executive Budget is the proposed budget that, pursuant to NRS 353.230, the Governor submits to the Director of the Legislative Counsel Bureau for transmittal to the Legislature.
Sec. 2. NRS 218D.430 is hereby amended to read as follows:
218D.430 1. Except as otherwise provided in subsection 4, the Fiscal Analysis Division shall obtain a fiscal note on:
(a) Any bill or joint resolution which creates or increases any fiscal liability or decreases any revenue which appears to be in excess of $2,000; and
(b) Any bill or joint resolution which increases or newly provides for a term of imprisonment in the state prison or makes release on parole or probation from the state prison less likely,
Κ before a vote is taken on such a bill or joint resolution by a committee of the Assembly or the Senate.
2. The fiscal note must contain a reliable estimate of the anticipated change in appropriation authority, fiscal liability or state revenue under the bill or joint resolution, including, to the extent possible, a projection of such changes in future biennia.
3. Except as otherwise provided in NRS 218D.400 to 218D.495, inclusive, or a joint rule, the estimates must be made by the affected agency or agencies.
4. The fiscal note is not required on any bill or joint resolution relating exclusively to the proposed executive budget. For the purposes of this subsection, the proposed executive budget is the proposed budget that, pursuant to NRS 353.230, the Governor submits to the Director of the Legislative Counsel Bureau for transmittal to the Legislature.
Sec. 3. This act becomes effective on July 1, 2025.
________
κ2025 Statutes of Nevada, Page 3501κ
Assembly Bill No. 596Committee on Ways and Means
CHAPTER 510
[Approved: June 10, 2025]
AN ACT relating to public employees; making appropriations and authorizations for the payment of quarterly retention incentives, the implementation of certain provisions of certain collective bargaining agreements and the payment of salary increases for certain public employees; providing that certain provisions of collective bargaining agreements to which the State is a party are void; and providing other matters properly relating thereto.
Whereas, The implementation of collective bargaining for certain state employees provides an efficient mechanism for those employees to have a voice in the terms and conditions of their employment; and
Whereas, The Legislature, although recognizing the tremendous service of those state employees, has a responsibility to ensure the financial solvency of this State; and
Whereas, Economic conditions in this State can change rapidly based on many factors often outside the control of the Legislature and, as a result, funding all the provisions negotiated in such collective bargaining agreements may be limited by these economic realities; now therefore,
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor to pay retention incentives in accordance with subsection 5 to personnel, excluding personnel of the Nevada System of Higher Education, represented by the bargaining units established in paragraphs (a), (e) and (f) of subsection 1 of NRS 288.515 and for the costs of implementing the provisions governing annual leave cash-outs and tool allowances in the collective bargaining agreement covering such personnel the following sums:
For the Fiscal Year 2025-2026................................................. $4,942,719
For the Fiscal Year 2026-2027................................................. $5,144,161
2. There is hereby appropriated from the State Highway Fund to the Office of Finance in the Office of the Governor to pay retention incentives in accordance with subsection 5 to personnel, excluding personnel of the Nevada System of Higher Education, represented by the bargaining units established in paragraphs (a), (e) and (f) of subsection 1 of NRS 288.515 and for the costs of implementing the provisions governing annual leave cash-outs and tool allowances in the collective bargaining agreement covering such personnel the following sums:
For the Fiscal Year 2025-2026...................................................... $17,928
For the Fiscal Year 2026-2027...................................................... $18,094
κ2025 Statutes of Nevada, Page 3502 (CHAPTER 510, AB 596)κ
3. There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor to pay retention incentives in accordance with subsection 5 to personnel of the Nevada System of Higher Education represented by the bargaining units established in paragraphs (a), (e) and (f) of subsection 1 of NRS 288.515 and for the costs of implementing the provisions governing annual leave cash-outs and tool allowances in the collective bargaining agreement covering such personnel the following sums:
For the Fiscal Year 2025-2026.................................................... $694,552
For the Fiscal Year 2026-2027.................................................... $704,999
4. There is hereby authorized for expenditure from the State Highway Fund by the Department of Transportation to pay retention incentives in accordance with subsection 5 to personnel represented by the bargaining units established in paragraphs (a), (e) and (f) of subsection 1 of NRS 288.515 and for the costs of implementing the provisions governing annual leave cash-outs and tool allowances in the collective bargaining agreement covering such personnel the following sums:
For the Fiscal Year 2025-2026................................................. $1,097,722
For the Fiscal Year 2026-2027................................................. $1,119,729
5. The retention incentives paid from the money appropriated or authorized by this section must be:
(a) Paid in accordance with the collective bargaining agreement covering personnel represented by the bargaining units established in paragraphs (a), (e) and (f) of subsection 1 of NRS 288.515.
(b) In the total amount of $1,000 in Fiscal Year 2025-2026 and $1,000 in Fiscal Year 2026-2027.
6. The sums appropriated by subsections 1, 2 and 3 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the fund from which it was appropriated on or before September 17, 2027.
Sec. 1.1. 1. There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor to pay retention incentives in accordance with subsection 5 to personnel, excluding personnel of the Nevada System of Higher Education, represented by the bargaining unit established in paragraph (c) of subsection 1 of NRS 288.515 and for the costs of implementing the provisions governing annual leave cash-outs and tool allowances in the collective bargaining agreement covering such personnel the following sums:
For the Fiscal Year 2025-2026................................................. $1,160,680
For the Fiscal Year 2026-2027................................................. $1,194,138
2. There is hereby appropriated from the State Highway Fund to the Office of Finance in the Office of the Governor to pay retention incentives in accordance with subsection 5 to personnel, excluding personnel of the Nevada System of Higher Education, represented by the bargaining unit established in paragraph (c) of subsection 1 of NRS 288.515 and for the costs of implementing the provisions governing annual leave cash-outs and tool allowances in the collective bargaining agreement covering such personnel the following sums:
κ2025 Statutes of Nevada, Page 3503 (CHAPTER 510, AB 596)κ
of implementing the provisions governing annual leave cash-outs and tool allowances in the collective bargaining agreement covering such personnel the following sums:
For the Fiscal Year 2025-2026................................................. $1,523,615
For the Fiscal Year 2026-2027................................................. $1,540,314
3. There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor to pay retention incentives in accordance with subsection 5 to personnel of the Nevada System of Higher Education represented by the bargaining unit established in paragraph (c) of subsection 1 of NRS 288.515 and for the costs of implementing the provisions governing annual leave cash-outs and tool allowances in the collective bargaining agreement covering such personnel the following sums:
For the Fiscal Year 2025-2026.................................................... $295,689
For the Fiscal Year 2026-2027.................................................... $305,324
4. There is hereby authorized for expenditure from the State Highway Fund by the Department of Transportation to pay retention incentives in accordance with subsection 5 to personnel represented by the bargaining unit established in paragraph (c) of subsection 1 of NRS 288.515 and for the costs of implementing the provisions governing annual leave cash-outs and tool allowances in the collective bargaining agreement covering such personnel the following sums:
For the Fiscal Year 2025-2026.................................................... $500,868
For the Fiscal Year 2026-2027.................................................... $510,866
5. The retention incentives paid from the money appropriated or authorized by this section must be:
(a) Paid in accordance with the collective bargaining agreement covering personnel represented by the bargaining unit established in paragraph (c) of subsection 1 of NRS 288.515.
(b) In the total amount of $1,000 in Fiscal Year 2025-2026 and $1,000 in Fiscal Year 2026-2027.
6. The sums appropriated by subsections 1, 2 and 3 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the fund from which it was appropriated on or before September 17, 2027.
Sec. 1.2. 1. There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor to pay retention incentives in accordance with subsection 4 to personnel, excluding personnel of the Nevada System of Higher Education, represented by the bargaining unit established in paragraph (g) of subsection 1 of NRS 288.515 and for the costs of implementing the provisions governing annual leave cash-outs, education pay, footwear allowances, line-of-duty death reimbursements, uniform and equipment allowances and special adjustments to pay in the collective bargaining agreement covering such personnel the following sums:
For the Fiscal Year 2025-2026................................................. $1,363,267
For the Fiscal Year 2026-2027................................................. $1,323,521
κ2025 Statutes of Nevada, Page 3504 (CHAPTER 510, AB 596)κ
2. There is hereby appropriated from the State Highway Fund to the Office of Finance in the Office of the Governor to pay retention incentives in accordance with subsection 4 to personnel, excluding personnel of the Nevada System of Higher Education, represented by the bargaining unit established in paragraph (g) of subsection 1 of NRS 288.515 and for the costs of implementing the provisions governing annual leave cash-outs, education pay, footwear allowances, line-of-duty death reimbursements, uniform and equipment allowances and special adjustments to pay in the collective bargaining agreement covering such personnel the following sums:
For the Fiscal Year 2025-2026................................................. $2,052,073
For the Fiscal Year 2026-2027................................................. $1,994,922
3. There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor to pay retention incentives in accordance with subsection 4 to personnel of the Nevada System of Higher Education represented by the bargaining unit established in paragraph (g) of subsection 1 of NRS 288.515 and for the costs of implementing the provisions governing annual leave cash-outs, education pay, footwear allowances, line-of-duty death reimbursements, uniform and equipment allowances and special adjustments to pay in the collective bargaining agreement covering such personnel the following sums:
For the Fiscal Year 2025-2026.................................................... $180,465
For the Fiscal Year 2026-2027.................................................... $183,296
4. The retention incentives paid from the money appropriated by this section must be:
(a) Paid in four equal installments throughout the fiscal year beginning in July 2025.
(b) In the total amount of $1,000 in Fiscal Year 2025-2026 and $1,000 in Fiscal Year 2026-2027.
5. The sums appropriated by subsections 1, 2 and 3 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the fund from which it was appropriated on or before September 17, 2027.
Sec. 1.3. 1. There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor to pay retention incentives in accordance with subsection 3 to personnel represented by the bargaining unit established in paragraph (h) of subsection 1 of NRS 288.515 and for the costs of implementing the provisions governing annual leave cash-outs, pay for personnel with an intermediate or advanced certification by the Peace Officers Standards and Training Commission, uniform and equipment allowances and special adjustments to pay in the collective bargaining agreement covering such personnel the following sums:
For the Fiscal Year 2025-2026.................................................... $188,020
For the Fiscal Year 2026-2027.................................................... $208,966
2. There is hereby appropriated from the State Highway Fund to the Office of Finance in the Office of the Governor to pay retention incentives in accordance with subsection 3 to personnel represented by the bargaining unit established in paragraph (h) of subsection 1 of NRS 288.515 and for the costs of implementing the provisions governing annual leave cash-outs, pay for personnel with an intermediate or advanced certification by the Peace Officers Standards and Training Commission, uniform and equipment allowances and special adjustments to pay in the collective bargaining agreement covering such personnel the following sums:
κ2025 Statutes of Nevada, Page 3505 (CHAPTER 510, AB 596)κ
established in paragraph (h) of subsection 1 of NRS 288.515 and for the costs of implementing the provisions governing annual leave cash-outs, pay for personnel with an intermediate or advanced certification by the Peace Officers Standards and Training Commission, uniform and equipment allowances and special adjustments to pay in the collective bargaining agreement covering such personnel the following sums:
For the Fiscal Year 2025-2026.................................................... $171,360
For the Fiscal Year 2026-2027.................................................... $171,956
3. The retention incentives paid from the money appropriated by this section must be:
(a) Paid in four equal installments throughout the fiscal year beginning in July 2025.
(b) In the total amount of $1,000 in Fiscal Year 2025-2026 and $1,000 in Fiscal Year 2026-2027.
4. The sums appropriated by subsections 1 and 2 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the fund from which it was appropriated on or before September 17, 2027.
Sec. 1.4. 1. There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor to pay retention incentives in accordance with subsection 2 to personnel represented by the bargaining unit established in paragraph (i) of subsection 1 of NRS 288.515 and for the costs of implementing the provisions governing annual leave cash-outs, recruitment bonuses and special adjustments to pay, including, without limitation, uniform and equipment allowances and muster pay adjustments, in the collective bargaining agreement covering such personnel the following sums:
For the Fiscal Year 2025-2026.............................................. $26,379,807
For the Fiscal Year 2026-2027.............................................. $26,642,993
2. The retention incentives paid from the money appropriated by this section must be:
(a) Paid in accordance with the collective bargaining agreement covering personnel represented by the bargaining unit established in paragraph (i) of subsection 1 of NRS 288.515.
(b) In the total amount of $1,000 in Fiscal Year 2025-2026 and $1,000 in Fiscal Year 2026-2027.
3. The sums appropriated by subsection 1 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2027.
κ2025 Statutes of Nevada, Page 3506 (CHAPTER 510, AB 596)κ
Sec. 1.5. 1. There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor to pay retention incentives in accordance with subsection 2 to personnel represented by the bargaining unit established in paragraph (k) of subsection 1 of NRS 288.515 and for the costs of implementing the provisions governing annual leave cash-outs and cancer screenings in the collective bargaining agreement covering such personnel the following sums:
For the Fiscal Year 2025-2026.................................................... $171,262
For the Fiscal Year 2026-2027.................................................... $172,354
2. The retention incentives paid from the money appropriated by this section must be:
(a) Paid in four equal installments throughout the fiscal year beginning in July 2025.
(b) In the total amount of $1,000 in Fiscal Year 2025-2026 and $1,000 in Fiscal Year 2026-2027.
3. The sums appropriated by subsection 1 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2027.
Sec. 1.6. 1. There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor to pay retention incentives in accordance with subsection 4 to personnel, excluding personnel of the Nevada System of Higher Education, represented by the bargaining unit established in paragraph (l) of subsection 1 of NRS 288.515 and for the costs of implementing the provisions governing education pay, uniform and equipment allowances, footwear allowances, line-of-duty death reimbursements and special adjustments to pay in the collective bargaining agreement covering such personnel the following sums:
For the Fiscal Year 2025-2026.................................................... $392,010
For the Fiscal Year 2026-2027.................................................... $368,575
2. There is hereby appropriated from the State Highway Fund to the Office of Finance in the Office of the Governor to pay retention incentives in accordance with subsection 4 to personnel, excluding personnel of the Nevada System of Higher Education, represented by the bargaining unit established in paragraph (l) of subsection 1 of NRS 288.515 and for the costs of implementing the provisions governing education pay, uniform and equipment allowances, footwear allowances, line-of-duty death reimbursements and special adjustments to pay in the collective bargaining agreement covering such personnel the following sums:
For the Fiscal Year 2025-2026.................................................... $393,974
For the Fiscal Year 2026-2027.................................................... $370,213
3. There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor to pay retention incentives in accordance with subsection 4 to personnel of the Nevada System of Higher Education represented by the bargaining unit established in paragraph (l) of subsection 1 of NRS 288.515 and for the costs of implementing the provisions governing education pay, uniform and equipment allowances, footwear allowances, line-of-duty death reimbursements and special adjustments to pay in the collective bargaining agreement covering such personnel the following sums:
κ2025 Statutes of Nevada, Page 3507 (CHAPTER 510, AB 596)κ
footwear allowances, line-of-duty death reimbursements and special adjustments to pay in the collective bargaining agreement covering such personnel the following sums:
For the Fiscal Year 2025-2026...................................................... $47,395
For the Fiscal Year 2026-2027...................................................... $47,933
4. The retention incentives paid from the money appropriated by this section must be:
(a) Paid in accordance with the collective bargaining agreement covering personnel represented by the bargaining unit established in paragraph (l) of subsection 1 of NRS 288.515.
(b) In the total amount of $1,000 in Fiscal Year 2025-2026 and $1,000 in Fiscal Year 2026-2027.
5. The sums appropriated by subsections 1, 2 and 3 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the fund from which it was appropriated on or before September 17, 2027.
Sec. 1.7. 1. There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor to pay retention incentives in accordance with subsection 3 to personnel represented by the bargaining unit established in paragraph (m) of subsection 1 of NRS 288.515 the following sums:
For the Fiscal Year 2025-2026......................................................... $6,956
For the Fiscal Year 2026-2027......................................................... $6,956
2. There is hereby appropriated from the State Highway Fund to the Office of Finance in the Office of the Governor to pay retention incentives in accordance with subsection 3 to personnel represented by the bargaining unit established in paragraph (m) of subsection 1 of NRS 288.515 the following sums:
For the Fiscal Year 2025-2026......................................................... $8,852
For the Fiscal Year 2026-2027......................................................... $8,852
3. The retention incentives paid from the money appropriated by this section must be:
(a) Paid in four equal installments throughout the fiscal year beginning in July 2025.
(b) In the total amount of $1,000 in Fiscal Year 2025-2026 and $1,000 in Fiscal Year 2026-2027.
4. The sums appropriated by subsections 1 and 2 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the fund from which it was appropriated on or before September 17, 2027.
κ2025 Statutes of Nevada, Page 3508 (CHAPTER 510, AB 596)κ
Sec. 1.8. 1. There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor to pay retention incentives in accordance with subsection 2 to personnel represented by the bargaining unit established in paragraph (n) of subsection 1 of NRS 288.515 and for the costs of implementing the provisions governing annual leave cash-outs and special adjustments to pay, including, without limitation, muster pay adjustments and uniform and equipment allowances in the collective bargaining agreement covering such personnel the following sums:
For the Fiscal Year 2025-2026................................................. $3,096,857
For the Fiscal Year 2026-2027................................................. $3,150,528
2. The retention incentives paid from the money appropriated by this section must be:
(a) Paid in accordance with the collective bargaining agreement covering personnel represented by the bargaining unit established in paragraph (n) of subsection 1 of NRS 288.515.
(b) In the total amount of $1,000 in Fiscal Year 2025-2026 and $1,000 in Fiscal Year 2026-2027.
3. The sums appropriated by subsection 1 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2027.
Sec. 1.9. 1. There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor to pay retention incentives in accordance with subsection 2 to personnel represented by the bargaining unit established in paragraph (o) of subsection 1 of NRS 288.515 and for the costs of implementing the provisions governing cancer screenings in the collective bargaining agreement covering such personnel the following sums:
For the Fiscal Year 2025-2026...................................................... $40,300
For the Fiscal Year 2026-2027...................................................... $40,300
2. The retention incentives paid from the money appropriated by this section must be:
(a) Paid in four equal installments throughout the fiscal year beginning in July 2025.
(b) In the total amount of $1,000 in Fiscal Year 2025-2026 and $1,000 in Fiscal Year 2026-2027.
3. The sums appropriated by subsection 1 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2027.
κ2025 Statutes of Nevada, Page 3509 (CHAPTER 510, AB 596)κ
Sec. 1.10. 1. With respect to any collective bargaining agreement to which the State of Nevada is a party and which is intended to be in effect during all or part of the 2025-2027 biennium, any provision of such an agreement which requires the Legislature to appropriate money is void, except for those provisions for which the 83rd Session of the Nevada Legislature specifically appropriated or authorized the expenditure of money in this or another act of this session that was approved by the Governor.
2. For the purposes of subsection 1, the provisions of a collective bargaining agreement which provide for personal leave or union leave for personnel represented by a bargaining unit established in paragraph (a), (c), (e) to (i), inclusive, or (k) to (o), inclusive, of subsection 1 of NRS 288.515 do not require the Legislature to appropriate money and such provisions become effective regardless of whether the 83rd Session of the Nevada Legislature specifically appropriates or authorizes the expenditure of money to implement such provisions.
Sec. 1.11. The Legislature hereby declares its intent that the appropriations and authorizations made by sections 1 to 1.9, inclusive, of this act are one-time grants of money intended to provide retention incentives and to fund the costs of implementing the collective bargaining agreement provisions described therein solely during the 2025-2027 biennium. The appropriation or authorization of money by sections 1 to 1.9, inclusive, of this act shall not be construed as an agreement by the Legislature or the State of Nevada to provide or fund such incentives or other benefits in any future biennium or to include in any future collective bargaining agreement the same or similar provisions to the provisions for which money is authorized or appropriated by sections 1 to 1.9, inclusive, of this act.
Sec. 1.12. 1. For personnel represented by a bargaining unit established in paragraph (a), (c), (e) to (i), inclusive, or (k) to (o), inclusive, of subsection 1 of NRS 288.515, there must be an increase in salary of 1 percent for Fiscal Year 2025-2026, and an increase in salary of 1 percent for Fiscal Year 2026-2027.
2. To effect increases in salaries, as provided in subsection 1, effective on July 1, 2025, and July 1, 2026, there is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor the sum of $4,880,386 for Fiscal Year 2025-2026 and the sum of $10,139,431 for Fiscal Year 2026-2027 for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada as fixed by the 83rd Session of the Nevada Legislature and the requirements for salaries of the classified personnel of those departments, commissions and agencies, necessary under the adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2025, and July 1, 2026.
3. To effect increases in salaries as provided in subsection 1, effective on July 1, 2025, and July 1, 2026, there is hereby appropriated from the State Highway Fund to the Office of Finance in the Office of the Governor the sum of $1,132,216 for Fiscal Year 2025-2026 and the sum of $2,331,018 for Fiscal Year 2026-2027 for the purpose of meeting any deficiencies which may exist between the appropriated money of the Office of Finance in the Office of the Governor, Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority as fixed by the 83rd Session of the Nevada Legislature and the requirements for salaries of classified personnel of the Office of Finance in the Office of the Governor, Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority necessary under the adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2025, and July 1, 2026.
κ2025 Statutes of Nevada, Page 3510 (CHAPTER 510, AB 596)κ
classified personnel of the Office of Finance in the Office of the Governor, Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority necessary under the adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2025, and July 1, 2026.
4. To effect increases in salaries as provided in subsection 1 effective on July 1, 2025, and July 1, 2026, there is hereby appropriated from the State General Fund to the Nevada System of Higher Education the sum of $459,795 for Fiscal Year 2025-2026 and the sum of $940,731 for Fiscal Year 2026-2027 for the purpose of meeting any deficiencies which may be created between the appropriated money of the Nevada System of Higher Education as fixed by the 83rd Session of the Nevada Legislature and the requirements for salaries of the classified personnel of the Nevada System of Higher Education whose positions are included in the Executive Budget as approved by the 83rd Session of the Nevada Legislature necessary under the adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2025, and July 1, 2026.
5. To effect increases in salaries as provided in subsection 1, effective on July 1, 2025, and July 1, 2026, there is hereby authorized for expenditure from the State Highway Fund by the Department of Transportation the sum of $533,446 for Fiscal Year 2025-2026 and the sum of $1,097,092 for Fiscal Year 2026-2027 for the purpose of meeting any deficiencies which may exist between the appropriated or authorized money of the Department of Transportation as fixed by the 83rd Session of the Nevada Legislature and the requirements for salaries of classified personnel of the Department of Transportation necessary under the adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2025, and July 1, 2026.
6. Any balance of the sums appropriated by subsection 2, 3 or 4 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2026, and September 17, 2027, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the fund from which it was appropriated on or before September 18, 2026, and September 17, 2027, respectively.
Sec. 2. This act becomes effective on July 1, 2025.
________
κ2025 Statutes of Nevada, Page 3511κ
Senate Bill No. 465Committee on Finance
CHAPTER 511
[Approved: June 10, 2025]
AN ACT relating to criminal procedure; revising the procedure for evaluating certain criminal defendants whom the court finds to be incompetent; revising provisions relating to the involuntary administration of psychiatric medication to certain criminal defendants; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that a defendant must be competent to stand trial or receive a pronouncement of judgment. (NRS 178.400) Under existing law, if the court finds a defendant incompetent and certain other requirements are met: (1) the judge is required to commit the defendant to the custody of the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services or the Administrators designee for detention and treatment at a secure facility of the Division; and (2) the defendant must be held in such custody until the court orders the defendants release or until the defendant is returned for trial or judgment. (NRS 178.425) Existing law requires the Administrator of the Division or the Administrators designee to periodically evaluate each such defendant and report certain information relating to the competence of the defendant to the court that ordered the defendant committed. (NRS 178.450) Existing law prescribes the procedure governing these evaluations. (NRS 178.455) In general, section 4 of this bill revises this procedure by reducing the number of evaluators the Administrator or designee is required to appoint to evaluate the competence of the defendant from three evaluators to two evaluators. However, if those two evaluators disagree concerning the competence of the defendant, section 4 requires the Administrator or designee to appoint a third evaluator to evaluate the defendant.
Under existing law, a court is authorized to include the involuntary administration of medication in an order committing a defendant to the custody of the Division. (NRS 178.425) Section 3 of this bill removes this authorization and instead requires the prosecuting attorney to seek a separate court order for the involuntary administration of psychiatric medication.
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 and 2. (Deleted by amendment.)
Sec. 3. NRS 178.425 is hereby amended to read as follows:
178.425 1. If the court finds the defendant incompetent, and dangerous to himself or herself or to society and that commitment is required for a determination of the defendants ability to receive treatment to competency and to attain competence, the judge shall order the sheriff to convey the defendant forthwith, together with a copy of the complaint, the commitment and the physicians certificate, if any, into the custody of the Administrator or the Administrators designee for detention and treatment at a division facility that is secure. [The] If the treating psychiatrist of the defendant determines that psychiatric medication is necessary to restore the defendant to competency and the defendant refuses to take such medication voluntarily, the prosecuting attorney may seek an order [may include] for the involuntary administration of psychiatric medication [if appropriate for treatment] to [competency.]
κ2025 Statutes of Nevada, Page 3512 (CHAPTER 511, SB 465)κ
include] for the involuntary administration of psychiatric medication [if appropriate for treatment] to [competency.] the defendant.
2. [The] A defendant committed into the custody of the Administrator or the Administrators designee must be held in such custody until a court orders the defendants release or until the defendant is returned for trial or judgment as provided in NRS 178.450, 178.455 and 178.460.
3. If the court finds the defendant incompetent but not dangerous to himself or herself or to society, and finds that commitment is not required for a determination of the defendants ability to receive treatment to competency and to attain competence, the judge shall order the defendant to report to the Administrator or the Administrators designee as an outpatient for treatment, if it might be beneficial, and for a determination of the defendants ability to receive treatment to competency and to attain competence. The court may require the defendant to give bail for any periodic appearances before the Administrator or the Administrators designee.
4. Except as otherwise provided in subsection 5, proceedings against the defendant must be suspended until the Administrator or the Administrators designee or, if the defendant is charged with a misdemeanor, the judge finds the defendant capable of standing trial or opposing pronouncement of judgment as provided in NRS 178.400.
5. Whenever the defendant has been found incompetent, with no substantial probability of attaining competency in the foreseeable future, and released from custody or from obligations as an outpatient pursuant to paragraph (d) of subsection 4 of NRS 178.460, the proceedings against the defendant which were suspended must be dismissed. No new charge arising out of the same circumstances may be brought except upon application by the prosecuting attorney to the chief judge of the district court, or his or her designee, and with leave of the court where:
(a) The State has a good faith belief, based on articulable facts, that the defendant has attained competency;
(b) The State has a compelling interest in bringing charges again; and
(c) The period, equal to the maximum time allowed by law for commencing a criminal action for the crime with which the defendant was charged, has not lapsed since the date of the alleged offense.
Κ The prosecuting attorney must give notice of an application made pursuant to this subsection to the attorney for the defendant not less than 24 hours before the hearing on the application.
6. If a defendant is found incompetent pursuant to this section, the court shall cause, within 5 business days after the finding, on a form prescribed by the Department of Public Safety, a record of that finding to be transmitted to the Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System.
7. As used in this section, National Instant Criminal Background Check System has the meaning ascribed to it in NRS 179A.062.
Sec. 4. NRS 178.455 is hereby amended to read as follows:
178.455 1. Except as otherwise provided for persons charged with or convicted of a misdemeanor, the Administrator or the Administrators designee shall appoint a licensed psychiatrist and a licensed psychologist [from the treatment team] who is certified pursuant to NRS 178.417 to separately evaluate the defendant. [The] One such appointee must be a member of the treatment team.
κ2025 Statutes of Nevada, Page 3513 (CHAPTER 511, SB 465)κ
2. If the appointees who conduct the evaluations required by subsection 1 disagree concerning whether the defendant has the present ability to understand the nature of the offense charged and the nature and purpose of the court proceedings or to aid and assist his or her counsel during the court proceedings, the Administrator or the Administrators designee shall [also] appoint a third evaluator [who] to evaluate the defendant. The third evaluator must be a licensed psychiatrist or psychologist [, must be] who is certified pursuant to NRS 178.417 . [and must not be a member of the treatment team.]
3. Upon the completion of the [evaluation and treatment of the defendant,] evaluations required by subsection 1 and, if applicable, subsection 2, the Administrator or the Administrators designee shall report to the court in writing [his or her] the specific findings and opinion [upon] of each appointee.
4. The specific findings and opinion of an appointee must include, without limitation:
(a) The opinion of the appointee as to whether the [person] defendant has the present ability to:
[(a)] (1) Understand the nature of the offense charged;
[(b)] (2) Understand the nature and purpose of the court proceedings; and
[(c)] (3) Aid and assist [the persons] his or her counsel in the defense at any time during the proceedings with a reasonable degree of rational understanding [.
2.] ; and
(b) If , in the opinion of the appointee, the [Administrator or the Administrators designee finds that the person] defendant does not have the present ability [pursuant to paragraph (a), (b) or (c) of subsection 1] to understand or to aid and assist his or her counsel during the court proceedings, [the Administrator or the Administrators designee shall include in the written report] a statement of the reason or reasons for the finding and whether there is a substantial probability that the [person] defendant can receive treatment to competency and will attain competency in the foreseeable future.
[3.] 5. A copy of the report must be:
(a) Maintained by the Administrator or the Administrators designee and incorporated in the medical record of the [person;] defendant; and
(b) Sent to the office of the district attorney and to the counsel for the [outpatient or person committed.] defendant.
[4.] 6. In the case of a person charged with or convicted of a misdemeanor, the judge shall, upon receipt of the report set forth in NRS 178.450 from the Administrator or the Administrators designee:
(a) Send a copy of the report by the Administrator or the Administrators designee to the prosecuting attorney and to the defendants counsel;
(b) Hold a hearing, if one is requested within 10 days after the report is sent pursuant to paragraph (a), at which the attorneys may examine the Administrator or the Administrators designee or the members of the defendants treatment team on the determination of the report; and
(c) Within 10 days after the hearing, if any, or 10 days after the report is sent if no hearing is requested, enter a finding of competence or incompetence in the manner set forth in subsection 4 of NRS 178.460.
Sec. 5. This act becomes effective on July 1, 2025.
________
κ2025 Statutes of Nevada, Page 3514κ
Senate Bill No. 466Committee on Finance
CHAPTER 512
[Approved: June 10, 2025]
AN ACT relating to public safety; transferring the authority to regulate and permit food establishments from the Division of Public and Behavioral Health of the Department of Health and Human Services to the State Department of Agriculture; transferring the authority of the State Board of Health to adopt, amend and enforce regulations to provide for the sanitary protection of water and food supplies to the State Department of Agriculture; repealing various provisions governing food establishments; requiring, with certain exceptions, a county to pay an assessment to the Department for services relating to food establishments; revising provisions relating to cottage food operations; revising provisions relating to farm-to-fork events; revising provisions relating to the purchase or use of hemp or commodities or products made using hemp by certain persons who operate a food establishment; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the permitting and regulation of food establishments, cottage food operations and farm-to-fork events by the Division of Public and Behavioral Health of the Department of Health and Human Services and, in some instances, the local boards of health. (Chapter 446 of NRS) Sections 2-13 and 16-44 of this bill transfer the authority for the permitting and regulation of food establishments, cottage food operations and farm-to-fork events from the Division to the State Department of Agriculture and the local boards of health. Section 9 defines the term food safety authority to mean the officers and agents of the Department or the officers and agents of the local boards of health. Section 77 of this bill repeals the existing provisions of law governing food establishments. Section 74 of this bill provides that any permit issued by the Division or health authority pursuant to the repealed provisions of law shall remain effective until the expiration of the permit. Section 75 of this bill provides that any regulation adopted by a local board of health which was previously required to be approved by the State Board of Health shall be deemed approved by the Department. Sections 45-50, 52-60 and 63-70 of this bill make conforming changes to internal references to reflect the transfer of authority to the Department.
Existing law authorizes the State Board of Health to adopt, amend and enforce regulations to provide for the sanitary protection of water and food supplies. (NRS 439.200) Existing law further authorizes a district board of health to adopt regulations consistent with law to provide for the sanitary protection of water and food supplies. (NRS 439.366, 439.410) Section 14 of this bill transfers the authority to adopt regulations to provide for the sanitary protection of water and food supplies from the State Board of Health to the Department. Sections 61 and 62 of this bill require any regulations adopted by a district board of health relating to the sanitary protection of water and food supplies to be consistent with any regulations adopted by the Department.
κ2025 Statutes of Nevada, Page 3515 (CHAPTER 512, SB 466)κ
Existing law requires each county to pay an assessment to the Division in an amount determined by the Division for the costs of services provided in that county by the Division, including services relating to food establishments. Existing law authorizes a county to request to carry out these services and receive an exemption from this assessment from the Interim Finance Committee. (NRS 439.4905) Section 15 of this bill requires each county to pay an assessment for the costs of any services provided in the county by the Department relating to food establishments and authorizes a county to request to carry out these services and receive an exemption from the Interim Finance Committee. Section 15 also authorizes the Department to adopt regulations as necessary to carry out the provisions of the section which, if adopted, must ensure the financial solvency of the Department in providing such services. Section 51 of this bill authorizes the Interim Finance Committee to perform this duty during a regular or special session. Section 75.5 of this bill requires the State Department of Agriculture to review the budget of the Department, any fee charged to a food establishment by the Division and the assessments paid to the Division for the costs of services provided to a county by the Division relating to food establishments to determine the amount of the assessments that are necessary to ensure the financial solvency of the Department in providing such services and, based on the results of the review, the Department may increase the assessments required by section 15. Section 76 of this bill provides that any county which has already received such an exemption shall be deemed to have received an exemption from the assessment required by section 15.
Existing law exempts a cottage food operation from certain requirements governing food establishments. Existing law limits the definition of cottage food operation to a natural person whose gross sales of certain food items are not more than $35,000 per year. (NRS 446.866) Section 22 of this bill increases this limit on gross sales to $100,000 and requires the State Department of Agriculture to adjust this amount on an annual basis based on the percentage increase in the Consumer Price Index (All Items).
Existing law exempts a farm from certain provisions governing food establishments for the purposes of holding a farm-to-fork event under certain conditions, including that any poultry and meat from a rabbit that is served at such an event is raised and prepared on the farm and is butchered and processed on the farm in accordance with certain requirements relating to the inspection of meat and poultry. (NRS 446.868) Section 23 of this bill provides that a farm may also serve at a farm-to-fork event: (1) meat from livestock under the same circumstances; and (2) poultry, meat from livestock and meat from a rabbit if the poultry or meat is obtained from a facility that meets certain requirements of state law relating to the inspection of meat and poultry or from a facility under a federal inspection program.
Existing law authorizes a person who holds a permit to operate a food establishment and who operates a food establishment at which food is not prepared or served for immediate consumption to purchase and use hemp or a commodity or product made using hemp to manufacture or prepare and sell, offer or display food that contains an approved hemp component at the food establishment. (NRS 446.844) Section 18 provides that a person may only purchase or use hemp or a commodity or product made using hemp that the United States Food and Drug Administration has determined to be safe or generally recognized as safe for use as an ingredient in food intended for human consumption.
κ2025 Statutes of Nevada, Page 3516 (CHAPTER 512, SB 466)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 51 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 44, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 13, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Department means the State Department of Agriculture.
Sec. 4. Farm-to-fork event means an event organized on a farm where prepared food is provided for immediate consumption to paying guests and that meets the requirements of section 23 of this act.
Sec. 5. Food means any food, drink, confection or beverage, or any component in the preparation or manufacture thereof, intended for ultimate human consumption, stored, being prepared or manufactured, displayed, offered for sale, sold or served in a food establishment.
Sec. 6. 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.
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;
(c) Vehicles operated by common carriers engaged in interstate commerce;
(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 regulated under chapter 583 of NRS where animals, including, without limitation, mammals, fish and poultry, are slaughtered;
(f) Dairy farms and plants regulated under chapter 584 of NRS which process milk and products of milk or frozen desserts;
(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 regulated under chapter 583 of NRS that produces eggs;
(i) A cottage food operation that meets the requirements of section 22 of this act with respect to food items as defined in that section;
(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.
κ2025 Statutes of Nevada, Page 3517 (CHAPTER 512, SB 466)κ
3. As used in this section, poultry has the meaning ascribed to it in NRS 583.405.
Sec. 7. 1. Food handler means any person employed in or operating a food establishment, whether that person is an employer, employee or other natural person, who handles, stores, transports, prepares, manufactures, serves or sells food, or who comes in contact with eating or cooking utensils or other equipment used in the handling, preparation, manufacture, service or sale of food.
2. The term does not include a person who:
(a) Only handles, stores, transports, sells or otherwise comes in contact with food that is sealed and packaged for sale directly to the consumer;
(b) If the food is potentially hazardous food, handles the food only occasionally and incidentally to his or her responsibilities or employment, and such handling is not part of his or her regularly scheduled responsibilities or employment; or
(c) Is providing services as a cashier, salesperson, stock clerk, warehouse or dockworker, delivery person or maintenance staff or providing services in a similar position with limited food-handling responsibility.
Sec. 8. Food processing establishment means a commercial establishment in which food is processed or otherwise prepared and packaged for human consumption.
Sec. 9. Food safety authority means the officers and agents of the Department or the officers and agents of the local boards of health.
Sec. 10. Misbranded means the presence of any written, printed or graphic matter, upon or accompanying food or containers of food, which is false or misleading or which violates any applicable state or local labeling requirements.
Sec. 11. Potentially hazardous food has the meaning ascribed to it in subpart 1-201 of the 1999 edition of the Food Code published by the Food and Drug Administration of the United States Department of Health and Human Services, unless the Department has adopted a later edition of the Food Code for this purpose.
Sec. 12. Temporary food establishment means any food establishment which operates at a fixed location for a temporary period of time, not to exceed 2 weeks, in connection with a fair, carnival, circus, public exhibition, celebration or similar transitory gathering.
Sec. 13. Wholesome means in sound condition, clean, free from adulteration and otherwise suitable for use as human food.
Sec. 14. The Department may adopt regulations:
1. Necessary to carry out the provisions of this chapter; and
2. To provide for the sanitary protection of water and food supplies.
Sec. 15. 1. Unless an exemption is approved pursuant to subsection 3, each county shall pay an assessment to the Department, in an amount determined by the Department, for the costs of services provided in that county by the Department pursuant to this chapter and any regulations adopted pursuant thereto, regardless of whether the county has a local health authority.
2. Each county shall pay the assessment to the Department in quarterly installments that are due on the first day of the first month of each calendar quarter.
κ2025 Statutes of Nevada, Page 3518 (CHAPTER 512, SB 466)κ
3. A county may submit a proposal to the Governor for the county to carry out the services that would otherwise be provided by the Department pursuant to this chapter and any regulations adopted pursuant thereto. If the Governor approves the proposal, the Governor shall submit a recommendation to the Interim Finance Committee to exempt the county from the assessment required pursuant to subsection 1. The Interim Finance Committee, upon receiving the recommendation from the Governor, shall consider the proposal and determine whether to approve the exemption. In considering whether to approve the exemption, the Interim Finance Committee shall consider, among other things, the best interests of the State, the effect of the exemption and the intent of the Legislature in requiring the assessment to be paid by each county.
4. An exemption that is approved by the Interim Finance Committee pursuant to subsection 3 must not become effective until at least 6 months after that approval.
5. A county that receives approval pursuant to subsection 3 to carry out the services that would otherwise be provided by the Department pursuant to this chapter and any regulations adopted pursuant thereto shall carry out those services in the manner set forth in those chapters and regulations.
6. The Department may adopt such regulations as necessary to carry out the provisions of this section. Any regulation adopted pursuant to this subsection must ensure the financial solvency of the Department in the provision of services pursuant to this chapter and any regulations adopted pursuant thereto.
Sec. 16. A food establishment engaged in the cutting and packaging of meat, poultry or fish for retail sale may use sawdust on the floors in that area of such establishment not visited by the public if:
1. Such sawdust is treated in a manner approved by the Department; and
2. The floors are cleaned and fresh sawdust is used daily.
Sec. 17. 1. Except as otherwise provided in subsection 5, each food establishment in which alcoholic beverages are sold by the drink for consumption on the premises shall post at least one sign that meets the requirements of this section in a location conspicuous to the patrons of the establishment. The conspicuous location described in this subsection may include, without limitation, a womens restroom that is located within the establishment.
2. Each sign required by subsection 1 must be not less than 8 1/2 by 11 inches in size and must contain a notice in boldface type that is clearly legible and, except as otherwise provided in paragraph (a) of subsection 4, in substantially the following form:
HEALTH WARNING
Drinking wine, beer and other alcoholic beverages during pregnancy can cause birth defects.
‘ADVERTENCIA!
El consumo de vino, cerveza y otras bebidas alcohσlicas durante el embarazo puede causar defectos fνsicos y/o mentales en el feto.
κ2025 Statutes of Nevada, Page 3519 (CHAPTER 512, SB 466)κ
3. The letters in the words HEALTH WARNING and ‘ADVERTENCIA! in the sign must be written in not less than 40-point type, and the letters in all other words in the sign must be written in not less than 30-point type.
4. The Department may:
(a) Provide by regulation for one or more alternative forms for the language of the warning to be included on the signs required by subsection 1 to increase the effectiveness of the signs. Each alternative form must contain substantially the same message as is stated in subsection 2.
(b) Solicit and accept the donation of signs that satisfy the requirements of this section from a nonprofit organization or any other source. To the extent that such signs are donated, the Department shall distribute the signs upon request to food establishments that are required to post the signs.
5. A food establishment is not required to post the sign otherwise required by this section if the food establishment provides to its patrons a food or drink menu that contains a notice, in boldface type that is clearly legible and not less than the size of the type used for the items on the menu, in substantially the same form and language as is set forth in subsection 2 or authorized pursuant to paragraph (a) of subsection 4.
6. As used in this section, alcoholic beverage means:
(a) Beer, ale, porter, stout and other similar fermented beverages, including, without limitation, sake and similar products, of any name or description containing one-half of 1 percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor.
(b) Any beverage obtained by the fermentation of the natural content of fruits or other agricultural products containing sugar, of one-half of 1 percent or more of alcohol by volume.
(c) Any distilled spirits commonly referred to as ethyl alcohol, ethanol or spirits of wine in any form, including, without limitation, all dilutions and mixtures thereof from whatever process produced.
Sec. 18. 1. A person who holds a permit issued pursuant to section 26 of this act and who operates a food establishment at which food is not prepared or served for immediate consumption may:
(a) Purchase hemp or a commodity or product made using hemp from a grower or handler registered by the Department pursuant to chapter 557 of NRS;
(b) Use hemp or a commodity or product made using hemp to manufacture or prepare food that contains an approved hemp component at the food establishment; and
(c) In compliance with the provisions of NRS 439.532, sell, offer or display for sale food that contains an approved hemp component at the food establishment.
Κ Any hemp or commodity or product made using hemp purchased or used pursuant to this subsection must have been determined to be safe or generally recognized as safe for use as an ingredient in food intended for human consumption by the United States Food and Drug Administration.
2. As used in this section:
κ2025 Statutes of Nevada, Page 3520 (CHAPTER 512, SB 466)κ
(a) Approved hemp component means any component of hemp that the United States Food and Drug Administration has determined to be safe or generally recognized as safe for use as an ingredient in food intended for human consumption.
(b) Hemp has the meaning ascribed to it in NRS 557.160.
Sec. 19. The Department shall adopt reasonable rules and regulations requiring that any person employed in the preparation or service of food or beverages to patrons on the premises of a food establishment, or who comes in contact with eating or cooking utensils used for such service, whose hair length exceeds specified limits shall wear a hair net, cap or other suitable covering which confines the hair while such person is engaged in the performance of his or her duties. Such rules and regulations shall specify the minimum hair length to which such requirement applies.
Sec. 20. 1. A local board of health in a county whose population is 100,000 or more or a city in a county whose population is 100,000 or more shall adopt regulations pursuant to section 40 of this act regulating sidewalk vendors of food which must, without limitation:
(a) Establish a process for a person to apply to the local board of health for a permit, license or other authorization to operate as a sidewalk vendor;
(b) Provide for a person applying for a permit, license or other authorization for sidewalk vending to pay any fees required by the local board of health using a payment plan;
(c) Establish procedures for a person seeking to operate as a sidewalk vendor who does not have a drivers license or identification card issued by this State or another state, the District of Columbia or any territory of the United States to obtain any certification required by the local board of health as a food handler; and
(d) Include any other regulation determined to be necessary by the Task Force on Safe Sidewalk Vending pursuant to NRS 225.610.
2. As used in this section, sidewalk vendor means a person who sells food upon a public sidewalk or other pedestrian path from a conveyance, including, without limitation, a pushcart, stand, display, pedal-driven cart, wagon, showcase or rack. The term includes a nonstationary sidewalk vendor and a stationary sidewalk vendor.
Sec. 21. A temporary food establishment shall comply with all the provisions of this chapter which are applicable to its operation. The food safety authority may:
1. Augment such requirements when needed to assure the service of safe food.
2. Prohibit the sale of certain potentially hazardous food.
3. Modify specific requirements for physical facilities when in the opinion of the food safety authority no imminent health hazard will result.
Sec. 22. 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 section 6 of this act 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 by telephone or via the Internet;
κ2025 Statutes of Nevada, Page 3521 (CHAPTER 512, SB 466)κ
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 by telephone or via the Internet;
(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), 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; 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 food safety 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 cottage food operation.
3. Each natural person who wishes to conduct a cottage food operation must, before selling any food item, register the cottage food operation with the food safety authority by submitting such information as the food safety authority deems appropriate, including, without limitation:
(a) The name, address and contact information of the natural person conducting the cottage food operation; and
(b) If the cottage food 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 food safety authority may charge a fee for the registration of a cottage food operation pursuant to subsection 3 in an amount not to exceed the actual cost of the food safety authority to establish and maintain a registry of cottage food operations.
5. The food safety authority may inspect a cottage food operation 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 cottage food operation shall cooperate with the food safety authority in any such inspection. If, as a result of such inspection, the food safety authority 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 food safety authority may charge and collect from the cottage food operation a fee in an amount that does not exceed the actual cost of the food safety authority to conduct the investigation.
6. Beginning with Fiscal Year 2026-2027, the amount of gross sales of a cottage food operation specified in paragraph (a) of subsection 7 must be adjusted for each fiscal year by the Department by adding to the amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) published by the United States Department of Labor from July 2025 to the July preceding the fiscal year for which the adjustment is calculated.
κ2025 Statutes of Nevada, Page 3522 (CHAPTER 512, SB 466)κ
be adjusted for each fiscal year by the Department by adding to the amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) published by the United States Department of Labor from July 2025 to the July preceding the fiscal year for which the adjustment is calculated. The Department shall publish the adjusted amount on the Internet website of the Department on or before September 30 of each year.
7. As used in this section:
(a) Cottage food operation means a natural person who manufactures or prepares food items in his or her private home or, if allowed by the food safety 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 food items are not more than $100,000, as adjusted pursuant to subsection 6, per calendar year.
(b) Food item means:
(1) Nuts and nut mixes;
(2) Candies;
(3) Jams, jellies and preserves;
(4) Vinegar and flavored vinegar;
(5) Dry herbs and seasoning mixes;
(6) Dried fruits;
(7) Cereals, trail mixes and granola;
(8) Popcorn and popcorn balls; or
(9) Baked goods that:
(I) Are not potentially hazardous foods;
(II) Do not contain cream, uncooked egg, custard, meringue or cream cheese frosting or garnishes; and
(III) Do not require time or temperature controls for food safety.
Sec. 23. 1. Except as otherwise provided in subsection 3, a farm is not a food establishment for the purposes of holding a farm-to-fork event provided that:
(a) Any poultry, meat from livestock and meat from a rabbit that is served at the farm-to-fork event is:
(1) Raised and prepared on the farm and is butchered and processed on the farm pursuant to the requirements of chapter 583 of NRS; or
(2) Obtained from and processed in a facility pursuant to the requirements of chapter 583 of NRS or a facility that is inspected and approved under an inspection program administered by the United States Department of Agriculture; and
(b) 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.
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 farm which holds more than two 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.
κ2025 Statutes of Nevada, Page 3523 (CHAPTER 512, SB 466)κ
the remainder of that calendar year subject to all of the requirements of this chapter and any regulations adopted pursuant thereto concerning food establishments.
Sec. 24. 1. A farm that wishes to hold farm-to-fork events must register with the food safety authority by submitting such information as the food safety authority 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
(c) The address of the farm.
2. The food safety authority 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 food safety authority to establish and maintain a registry of farms holding farm-to-fork events.
3. The food safety authority shall not inspect a farm that holds a farm-to-fork event, except as otherwise provided in subsection 3 of section 23 of this act and except that the food safety authority 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 food safety authority in any such inspection.
4. If, as a result of an inspection conducted pursuant to subsection 3, the food safety authority 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 food safety authority may charge and collect from the farm a fee in an amount not to exceed the actual cost of the food safety authority to conduct the investigation.
Sec. 25. 1. Except as otherwise provided in this section, it is unlawful for any person to operate a food establishment unless the person possesses a valid permit issued to him or her by the food safety authority.
2. The food safety authority may exempt a food establishment from the provisions of this chapter if the food safety authority determines that the food which is sold, offered or displayed for sale, or served at the establishment does not constitute a potential or actual hazard to the public health.
3. Food that is prepared in a private home and given away free of charge or consideration of any kind is exempt from the provisions of this chapter, unless it is given to a food establishment.
4. Except as otherwise provided in subsection 5, food that is prepared in a private home must not be sold, or offered or displayed for sale or for compensation or contractual consideration of any kind, unless the person preparing the food possesses a valid permit issued to him or her by the food safety authority for that purpose.
5. A religious, charitable or other nonprofit organization may, without possessing a permit from the food safety authority, sell food occasionally to raise money, whether or not the food was prepared in a private home, if the sale occurs on the premises of the organization. If the sale is to occur off the premises of the organization, a permit from the food safety authority is required unless an exemption is granted pursuant to subsection 2.
κ2025 Statutes of Nevada, Page 3524 (CHAPTER 512, SB 466)κ
Sec. 26. 1. Any person desiring to operate a food establishment must make written application for a permit on forms provided by the food safety authority. The application must:
(a) Include the applicants full name and post office address. An applicant may include on the application an electronic mail address by which the food safety authority may communicate with the applicant and send any inspection report form or other notice.
(b) Include a statement whether the applicant is a natural person, firm or corporation, and, if a partnership, the names of the partners, together with their addresses.
(c) Include a statement of the location and type of the proposed food establishment.
(d) Include the signature of the applicant or applicants.
(e) Be accompanied by a fee prescribed by the food safety authority.
2. An application for a permit to operate a temporary food establishment must also include the inclusive dates of the proposed operation.
3. Upon receipt of such an application, the food safety authority shall make an inspection of the food establishment to determine compliance with the provisions of this chapter. When inspection reveals that the applicable requirements of this chapter have been met, the food safety authority shall issue a permit to the applicant.
4. A permit to operate a temporary food establishment may be issued for a period not to exceed 14 days.
5. A permit issued pursuant to this section:
(a) Is not transferable from person to person or from place to place.
(b) Must be posted in every food establishment.
Sec. 27. 1. Except as otherwise provided in subsection 2, no license under any license ordinance of any licensing authority may be issued for the operation of a food establishment to any person owning or operating such food establishment unless the permit required by this chapter has first been granted by the food safety authority.
2. A board of county commissioners or the city council or other governing body of an incorporated city, whether organized under general law or special charter, may issue a license to operate a food establishment to any person owning or operating the food establishment contingent upon the persons obtaining the permit required by this chapter from the food safety authority.
Sec. 28. 1. Permits issued under the provisions of this chapter may be suspended temporarily by the food safety authority for failure of the holder to comply with the requirements of this chapter.
2. Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of this chapter, the permit holder or operator must be notified in writing that the permit is, upon service of the notice, immediately suspended or that the establishment is downgraded if that is the case. The notice must also contain a statement informing the permit holder or operator that an opportunity for a hearing will be provided if a written request for a hearing is filed by him or her with the food safety authority.
3. Whenever the food safety authority finds an insanitary or other condition in the operation of a food establishment which, in the judgment of the food safety authority, constitutes a substantial hazard to the public health, the food safety authority may, without warning, notice or hearing, issue a written order to the permit holder or operator citing the condition, specifying the corrective action to be taken and specifying the time within which the action must be taken.
κ2025 Statutes of Nevada, Page 3525 (CHAPTER 512, SB 466)κ
health, the food safety authority may, without warning, notice or hearing, issue a written order to the permit holder or operator citing the condition, specifying the corrective action to be taken and specifying the time within which the action must be taken. The order may state that the permit is immediately suspended and all food operations must be immediately discontinued. Any person to whom such an order is issued shall comply with it immediately. Upon written petition to the food safety authority, the person must be afforded a hearing as soon as possible.
4. Any person whose permit has been suspended may, at any time, make application for a reinspection for reinstatement of the permit. Within 10 days following receipt of a written request, including a statement signed by the applicant that in the opinion of the applicant the conditions causing suspension of the permit have been corrected, the food safety authority shall make a reinspection. If the applicant is complying with the requirements of this chapter, the permit must be reinstated.
5. For serious or repeated violations of any of the requirements of this chapter or for interference with the food safety authority in the performance of the duties of the food safety authority, the permit may be permanently revoked after an opportunity for a hearing has been provided by the food safety authority. Before taking such an action, the food safety authority shall notify the permit holder in writing, stating the reasons for which the permit is subject to revocation and advising the permit holder of the requirements for filing a request for a hearing. A permit may be suspended for cause pending its revocation or a hearing relative thereto.
6. The food safety authority may permanently revoke a permit after 5 days following service of the notice unless a request for a hearing is filed with the food safety authority by the permit holder within 5 days.
7. The hearings provided for in this section must be conducted by the food safety authority at a time and place designated by the food safety authority. Based upon the record of the hearing, the food safety authority shall make a finding and may sustain, modify or rescind any official notice or order considered in the hearing. A written report of the hearing decision must be furnished to the permit holder by the food safety authority.
Sec. 29. 1. A license to operate a food establishment issued by any licensing authority to a person owning or operating such food establishment shall be revoked when such persons permit has been revoked by the food safety authority, and no new license may be issued until such person again possesses an unrevoked permit from the food safety authority.
2. Licensing authorities shall be notified by the food safety authority of the revocation of any permit.
Sec. 30. 1. At least once every year, the food safety authority shall inspect each food establishment located in the State.
2. The food safety authority shall make as many additional inspections and reinspections as are necessary for the enforcement of this chapter.
3. It is unlawful for any person to interfere with the food safety authority in the performance of his or her duties.
Sec. 31. 1. The food safety authority, after he or she has properly identified himself or herself, must be permitted to enter, at any reasonable time, any food establishment within the State for the purpose of making any inspection to determine compliance with this chapter. The food safety authority must be permitted to examine the records of the establishment to obtain pertinent information pertaining to food and supplies purchased, received or used, and persons employed.
κ2025 Statutes of Nevada, Page 3526 (CHAPTER 512, SB 466)κ
authority must be permitted to examine the records of the establishment to obtain pertinent information pertaining to food and supplies purchased, received or used, and persons employed.
2. Whenever the food safety authority makes an inspection of a food establishment, the food safety authority shall record his or her findings on an inspection report form provided for this purpose. The food safety authority shall furnish the original or an electronic original of the inspection report form to the permit holder or operator. The form must summarize the requirements of this chapter.
Sec. 32. Except as otherwise provided in subsection 3 of section 28 of this act, whenever the food safety authority makes an inspection of a food establishment and discovers that any of the requirements of this chapter have been violated, the food safety authority shall notify the permit holder or operator of the violations by means of an inspection report form or other written notice. The notice must:
1. Set forth the specific violations found;
2. Establish a specific and reasonable time for the correction of those violations;
3. In the case of temporary food establishments, state that the violations must be corrected within a specified period which must not be more than 24 hours. Failure to comply with the notice results in immediate suspension of the permit;
4. State that failure to comply with the requirements of any notice issued in accordance with the provisions of this chapter may result in immediate suspension of the permit or in downgrading of the establishment; and
5. State that an opportunity for appeal from any notice or inspection findings will be provided if a written request for a hearing is filed with the food safety authority within the period established in the notice for correction.
Sec. 33. 1. Notices provided for in section 32 of this act shall be deemed to have been properly served when the original of the inspection report form or other notice has been:
(a) Delivered personally to the permit holder or person in charge;
(b) Sent by registered or certified mail, return receipt requested, to the last known address of the permit holder; or
(c) Except for any notice required pursuant to section 28 of this act, sent to the electronic mail address, if any, provided by the permit holder to the food safety authority.
2. A copy of any inspection report form or other notice provided pursuant to subsection 1 shall be filed with the records of the food safety authority.
Sec. 34. Any person who knowingly sells any flesh of any diseased animal or any container containing shellfish, if the container does not have an approved stamp authorized by the Division of Animal Industry of the Department, is guilty of a gross misdemeanor.
Sec. 35. 1. Food may be examined or sampled by the food safety authority as often as may be necessary to determine freedom from adulteration or misbranding. The food safety authority may, upon written notice to the owner or person in charge, place a hold order on any food which the food safety authority determines is or has probable cause to believe to be unwholesome or otherwise adulterated or misbranded.
κ2025 Statutes of Nevada, Page 3527 (CHAPTER 512, SB 466)κ
2. Under a hold order, food shall be permitted to be suitably stored. It shall be unlawful for any person to remove or alter a hold order, notice or tag placed on food by the food safety authority. Neither such food nor the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of or destroyed without permission of the food safety authority, except by order of a court of competent jurisdiction.
3. After the owner or person in charge has had a hearing as provided for in section 32 of this act, and on the basis of evidence produced at such hearing, or on the basis of his or her examination in the event a written request for a hearing is not received within 10 days, the food safety authority may vacate the hold order, or may by written order direct the owner or person in charge of the food which was placed under the hold order to denature or destroy such food or to bring it into compliance with the provisions of this chapter. Such order of the food safety authority to denature or destroy such food or bring it into compliance with the provisions of this chapter shall be stayed if the order is appealed to a court of competent jurisdiction within 3 days.
Sec. 36. 1. Except as otherwise provided in this subsection, whenever the food safety authority determines there are reasonable grounds to suspect that the food processed or otherwise prepared by a food processing establishment may constitute a substantial health hazard, the food safety authority may require that the food processing establishment have its food tested for the presence of contaminants typically associated with the suspected health hazard. When carrying out the provisions of this subsection, the food safety authority shall comply with the Federal Food Safety Modernization Act, 21 U.S.C. §§ 2201 et seq., and any regulations adopted pursuant thereto. The provisions of this subsection do not apply to the extent that a food processing establishment is under investigation for the same purpose pursuant to federal law.
2. If the food safety authority requires pursuant to subsection 1 that the food processed or otherwise prepared by a food processing establishment be tested:
(a) The food processing establishment:
(1) Is responsible for the cost of the testing; and
(2) May perform such testing itself or cause the testing to be performed by a third party.
(b) The testing must be conducted in a manner that is consistent with nationally recognized laboratory standards.
3. Records of the results of any tests conducted pursuant to this section must be retained by the food processing establishment to which the tests pertain for a period of not less than 2 years. The food processing establishment shall, upon request, make those records available to the food safety authority for its review.
4. If the testing required pursuant to subsection 1 indicates that the food processed or otherwise prepared by a food processing establishment is contaminated, the person or entity that conducted the testing shall, within 24 hours after obtaining the test results, report those test results to the food safety authority.
Sec. 37. Food from food establishments outside the jurisdiction of the Department may be sold within the State of Nevada if such food establishments conform to the provisions of this chapter or to substantially equivalent provisions.
κ2025 Statutes of Nevada, Page 3528 (CHAPTER 512, SB 466)κ
equivalent provisions. To determine the extent of compliance with such provisions, the food safety authority may accept reports from responsible authorities in the jurisdictions where such food establishments are located.
Sec. 38. If, after April 18, 1963, a food establishment is constructed or extensively remodeled, or if an existing structure is converted for use as a food establishment, properly prepared plans and specifications for such construction, remodeling or alteration showing the layout, arrangement and construction materials of work areas and the location, size and type of fixed equipment and facilities shall be submitted to the food safety authority for approval before such work is begun. Where full-time city, county or district health departments exist, such plans and specifications shall be submitted to such food safety authorities for approval before such work is begun.
Sec. 39. 1. When the food safety authority has reasonable cause to suspect the possibility of disease transmission from any food handler of a food establishment, the food safety authority shall secure a morbidity history of the suspected food handler, or make such other investigation as may be indicated, and take appropriate action.
2. The food safety authority may require any or all of the following measures:
(a) The immediate exclusion of the food handler from all food establishments.
(b) The immediate closure of the food establishment concerned until, in the opinion of the food safety authority, no further danger of disease outbreak exists.
(c) Restriction of the food handlers services to some area of the establishment where there would be no danger of transmitting disease.
(d) Adequate medical and laboratory examinations of:
(1) The food handler and his or her body discharges; and
(2) Other food handlers and their body discharges.
Sec. 40. 1. Except as provided in subsection 2, this chapter must be enforced by the food safety authority in accordance with any regulations adopted by the Department pursuant to section 14 of this act.
2. A local board of health may adopt such regulations as it may deem necessary to carry out the requirements of this chapter. Such regulations:
(a) Become effective when approved by the Department;
(b) Must be enforced by the food safety authority; and
(c) Supersede the regulations adopted by the Department pursuant to subsection 1.
3. All sheriffs, constables, police officers, marshals and other peace officers shall render such services and assistance to the food safety authority in regard to enforcement as the food safety authority may request.
Sec. 41. 1. Any regulation adopted by the Department or a local board of health pursuant to section 40 of this act that establishes a standard for the construction of a food establishment or the equipment required to be present in a food establishment does not apply to any child care facility that limits its menu to:
(a) Food that does not constitute a potential or actual hazard to the public health; and
κ2025 Statutes of Nevada, Page 3529 (CHAPTER 512, SB 466)κ
(b) Potentially hazardous food that has been:
(1) Commercially prepared and precooked; or
(2) Pasteurized,
Κ regardless of whether the child care facility includes a kindergarten.
2. As used in this section:
(a) Child care facility includes:
(1) A child care facility licensed pursuant to chapter 432A of NRS; or
(2) A child care facility licensed by a city or county.
(b) Kindergarten means a program of education for children who are 5 and 6 years of age which is:
(1) Licensed to operate as such pursuant to chapter 394 of NRS or which is exempt from licensure pursuant to NRS 394.211; and
(2) Located on the premises of a child care facility.
Sec. 42. Before the Department may adopt any regulation concerning the construction, maintenance, operation or safety of a building, structure or other property in this State, the Department shall consult with the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section for the purposes of subsection 9 of NRS 341.100.
Sec. 43. The district attorney of each county shall prosecute any person who violates any provision of this chapter or any provision of the regulations of the Department or the local board of health adopted pursuant to this chapter.
Sec. 44. Except as otherwise provided in section 34 of this act, any person who violates any of the provisions of this chapter is guilty of a misdemeanor. In addition thereto, such persons may be enjoined from continuing such violations. Each day upon which such a violation occurs shall constitute a separate violation.
Sec. 45. NRS 583.040 is hereby amended to read as follows:
583.040 1. It shall be unlawful for any person, firm or corporation to sell within this State, or to possess with the intent to sell within this State, for human food, the carcass or parts of the carcass of any animal which has been slaughtered, or is prepared, handled or kept under insanitary conditions, or any primal cut of meat which is not stamped with an approved stamp authorized by the Department.
2. Insanitary conditions shall be deemed to exist in any slaughterhouse that does not comply with the provisions of [chapter 446 of NRS.] sections 2 to 44, inclusive, of this act.
3. Any person, firm or corporation violating any of the provisions of this section is subject to a civil penalty pursuant to NRS 583.700.
Sec. 46. NRS 585.310 is hereby amended to read as follows:
585.310 1. Except as otherwise provided in subsection 2, a food shall be deemed to be adulterated:
(a) If any valuable constituent has been in whole or in part omitted or abstracted therefrom;
(b) If any substance has been substituted wholly or in part therefor;
(c) If damage or inferiority has been concealed in any manner; or
(d) If any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.
2. A food shall not be deemed to be adulterated solely because it contains an approved hemp component.
κ2025 Statutes of Nevada, Page 3530 (CHAPTER 512, SB 466)κ
3. As used in this section, approved hemp component has the meaning ascribed to it in [NRS 446.844.] section 18 of this act.
Sec. 47. 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] food safety 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 per calendar year.
Sec. 48. NRS 587.694 is hereby amended to read as follows:
587.694 [Health] Food safety authority [means the officers and agents of the Division of Public and Behavioral Health of the Department of Health and Human Services, or the officers and agents of the local boards of health.] has the meaning ascribed to it in section 9 of this act.
Sec. 49. 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] section 6 of this act 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 by telephone or via the Internet;
(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:
(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] food safety 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.
κ2025 Statutes of Nevada, Page 3531 (CHAPTER 512, SB 466)κ
Sec. 50. NRS 202.2483 is hereby amended to read as follows:
202.2483 1. Except as otherwise provided in subsection 3, smoking in any form is prohibited within indoor places of employment including, but not limited to, the following:
(a) Child care facilities;
(b) Movie theatres;
(c) Video arcades;
(d) Government buildings and public places;
(e) Malls and retail establishments;
(f) All areas of grocery stores; and
(g) All indoor areas within restaurants.
2. Without exception, smoking in any form is prohibited within school buildings and on school property.
3. Smoking is not prohibited in:
(a) Areas within casinos where loitering by minors is already prohibited by state law pursuant to NRS 463.350;
(b) Completely enclosed areas with stand-alone bars, taverns and saloons in which patrons under 21 years of age are prohibited from entering;
(c) Age-restricted stand-alone bars, taverns and saloons;
(d) Strip clubs or brothels;
(e) Retail tobacco stores;
(f) The area of a convention facility in which a meeting or trade show is being held, during the time the meeting or trade show is occurring, if the meeting or trade show:
(1) Is not open to the public;
(2) Is being produced or organized by a business relating to tobacco or a professional association for convenience stores; and
(3) Involves the display of tobacco products; and
(g) Private residences, including private residences which may serve as an office workplace, except if used as a child care, an adult day care or a health care facility.
4. A supervisor on duty or employee of an age-restricted stand-alone bar, tavern or saloon or a stand-alone bar, tavern or saloon shall not allow a person who is under 21 years of age to loiter in an age-restricted stand-alone bar, tavern or saloon or an area of a stand-alone bar, tavern or saloon where smoking is allowed pursuant to this section. A person who violates the provisions of this subsection is guilty of a misdemeanor.
5. If a supervisor on duty or employee of an age-restricted stand-alone bar, tavern or saloon or a stand-alone bar, tavern or saloon violates the provisions of subsection 4, the age-restricted stand-alone bar, tavern or saloon or stand-alone bar, tavern or saloon is liable for a civil penalty of:
(a) For the first offense, $1,000.
(b) For a second or subsequent offense, $2,000.
6. In any prosecution or other proceeding for a violation of the provisions of subsection 4 or 5, it is no excuse for a supervisor, employee, age-restricted bar, tavern or saloon, or stand-alone bar, tavern or saloon alleged to have committed the violation to plead that a supervisor or employee believed that the person who was permitted to loiter was 21 years of age or older.
κ2025 Statutes of Nevada, Page 3532 (CHAPTER 512, SB 466)κ
7. In areas or establishments where smoking is not prohibited by this section, nothing in state law shall be construed to prohibit the owners of said establishments from voluntarily creating nonsmoking sections or designating the entire establishment as smoke free.
8. Nothing in state law shall be construed to restrict local control or otherwise prohibit a county, city or town from adopting and enforcing local smoking control measures that meet or exceed the minimum applicable standards set forth in this section.
9. No Smoking signs or the international No Smoking symbol shall be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by this section. Each public place and place of employment where smoking is prohibited shall post, at every entrance, a conspicuous sign clearly stating that smoking is prohibited. All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited.
10. Health authorities, police officers of cities or towns, sheriffs and their deputies shall, within their respective jurisdictions, enforce the provisions of this section and shall issue citations for violations of this section pursuant to NRS 202.2492 and 202.24925.
11. No person or employer shall retaliate against an employee, applicant or customer for exercising any rights afforded by, or attempts to prosecute a violation of, this section.
12. For the purposes of this section, the following terms have the following definitions:
(a) Age-restricted stand-alone bar, tavern or saloon means an establishment:
(1) Devoted primarily to the sale of alcoholic beverages to be consumed on the premises;
(2) In which food service or sales may or may not be incidental food service or sales, in the discretion of the operator of the establishment;
(3) In which patrons under 21 years of age are prohibited at all times from entering the premises; and
(4) That must be located within:
(I) A physically independent building that does not share a common entryway or indoor area with a restaurant, public place or any other indoor workplace where smoking is prohibited by this section; or
(II) A completely enclosed area of a larger structure, which may include, without limitation, a strip mall or an airport, provided that indoor windows must remain closed at all times and doors must remain closed when not actively in use.
(b) Casino means an entity that contains a building or large room devoted to gambling games or wagering on a variety of events. A casino must possess a nonrestricted gaming license as described in NRS 463.0177 and typically uses the word casino as part of its proper name.
(c) Child care facility has the meaning ascribed to it in NRS 441A.030.
(d) Completely enclosed area means an area that is enclosed on all sides by any combination of solid walls, windows or doors that extend from the floor to the ceiling.
(e) Government building means any building or office space owned or occupied by:
(1) Any component of the Nevada System of Higher Education and used for any purpose related to the System;
κ2025 Statutes of Nevada, Page 3533 (CHAPTER 512, SB 466)κ
(2) The State of Nevada and used for any public purpose; or
(3) Any county, city, school district or other political subdivision of the State and used for any public purpose.
(f) Health authority has the meaning ascribed to it in NRS 202.2485.
(g) Incidental food service or sales means the service of prepackaged food items including, but not limited to, peanuts, popcorn, chips, pretzels or any other incidental food items that are exempt from food licensing requirements pursuant to subsection 2 of [NRS 446.870.] section 25 of this act.
(h) Place of employment means any enclosed area under the control of a public or private employer which employees frequent during the course of employment including, but not limited to, work areas, restrooms, hallways, employee lounges, cafeterias, conference and meeting rooms, lobbies and reception areas.
(i) Public places means any enclosed areas to which the public is invited or in which the public is permitted.
(j) Restaurant means a business which gives or offers for sale food, with or without alcoholic beverages, to the public, guests or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere.
(k) Retail tobacco store means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.
(l) School building means all buildings on the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394.103.
(m) School property means the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394.103.
(n) Smoking means inhaling, exhaling, burning or carrying any liquid or heated cigar, cigarette or pipe or any other lighted or heated tobacco or plant product intended for inhalation, in any manner or in any form. The term includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, and the use of any oral smoking device. As used in this paragraph, electronic smoking device:
(1) Means any product containing or delivering nicotine, a product made or derived from tobacco or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor or aerosol from the product.
(2) Includes any component part of a product described in subparagraph (1), regardless of whether the component part is sold separately.
(3) Does not include any product regulated by the United States Food and Drug Administration pursuant to Subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 352 et seq.
(o) Stand-alone bar, tavern or saloon means an establishment:
(1) Devoted primarily to the sale of alcoholic beverages to be consumed on the premises;
(2) In which food service or sales may or may not be incidental food service or sales, in the discretion of the operator of the establishment;
(3) In which smoke from such establishments does not infiltrate into areas where smoking is prohibited under the provisions of this section; and
κ2025 Statutes of Nevada, Page 3534 (CHAPTER 512, SB 466)κ
(4) That must be housed in either:
(I) A physically independent building that does not share a common entryway or indoor area with a restaurant, public place or any other indoor workplaces where smoking is prohibited by this section; or
(II) A completely enclosed area of a larger structure, such as a strip mall or an airport, provided that indoor windows must remain shut at all times and doors must remain closed when not actively in use.
(p) Video arcade has the meaning ascribed to it in paragraph (d) of subsection 3 of NRS 453.3345.
13. Any statute or regulation inconsistent with this section is null and void.
14. The provisions of this section are severable. If any provision of this section or the application thereof is declared by a court of competent jurisdiction to be invalid or unconstitutional, such declaration shall not affect the validity of the section as a whole or any provision thereof other than the part declared to be invalid or unconstitutional.
Sec. 51. NRS 218E.405 is hereby amended to read as follows:
218E.405 1. Except as otherwise provided in subsection 2, the Interim Finance Committee may exercise the powers conferred upon it by law only when the Legislature is not in a regular or special session.
2. During a regular or special session, the Interim Finance Committee may also perform the duties imposed on it by NRS 228.1111, subsection 5 of NRS 284.115, NRS 285.070, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, subsection 3 of NRS 341.126, NRS 341.142, paragraph (f) of subsection 1 of NRS 341.145, subsection 3 of NRS 349.073, NRS 353.220, 353.224, 353.2705 to 353.2771, inclusive, 353.288, 353.335, 353.3375, 353C.224, 353C.226, paragraph (b) of subsection 4 of NRS 407.0762, NRS 428.375, 433.732, 439.4905, 439.620, 439.630, 445B.830, subsection 1 of NRS 445C.320 and NRS 538.650 [.] and section 15 of this act. In performing those duties, the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means may meet separately and transmit the results of their respective votes to the Chair of the Interim Finance Committee to determine the action of the Interim Finance Committee as a whole.
3. The Chair of the Interim Finance Committee may appoint a subcommittee consisting of six members of the Committee to review and make recommendations to the Committee on matters of the State Public Works Division of the Department of Administration that require prior approval of the Interim Finance Committee pursuant to subsection 3 of NRS 341.126, NRS 341.142 and paragraph (f) of subsection 1 of NRS 341.145. If the Chair appoints such a subcommittee:
(a) The Chair shall designate one of the members of the subcommittee to serve as the chair of the subcommittee;
(b) The subcommittee shall meet throughout the year at the times and places specified by the call of the chair of the subcommittee; and
(c) The Director or the Directors designee shall act as the nonvoting recording secretary of the subcommittee.
Sec. 52. NRS 232.320 is hereby amended to read as follows:
232.320 1. The Director:
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:
κ2025 Statutes of Nevada, Page 3535 (CHAPTER 512, SB 466)κ
(1) The Administrator of the Aging and Disability Services Division;
(2) The Administrator of the Division of Welfare and Supportive Services;
(3) The Administrator of the Division of Child and Family Services;
(4) The Administrator of the Division of Health Care Financing and Policy; and
(5) The Administrator of the Division of Public and Behavioral Health.
(b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, [446] 447 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, 422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
(c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.
(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
2. Notwithstanding any other provision of law, the Director, or the Directors designee, is responsible for appointing and removing subordinate officers and employees of the Department.
κ2025 Statutes of Nevada, Page 3536 (CHAPTER 512, SB 466)κ
Sec. 53. NRS 244.35486 is hereby amended to read as follows:
244.35486 1. In addition to the provisions of NRS 244.35485, an ordinance adopted by a board of county commissioners that regulates sidewalk vendors may:
(a) Adopt requirements regulating the time, place and manner of sidewalk vending if the requirements are objectively and directly related to the health, safety or welfare concerns of the public, which may include, without limitation:
(1) Restrictions on the hours of operation of a sidewalk vendor, which may not be more restrictive than any restriction imposed by any applicable ordinance regulating noise or any restriction on the hours of operation imposed on home-based businesses that are similar to sidewalk vending; and
(2) Requirements to:
(I) Maintain sanitary conditions and comply with the regulations adopted by a local board of health pursuant to [NRS 446.861.] section 20 of this act.
(II) Ensure compliance with the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.
(b) Restrict or prohibit sidewalk vendors from operating:
(1) In areas located within the immediate vicinity of a farmers market licensed pursuant to NRS 244.337 during the operating hours of the farmers market.
(2) Within the immediate vicinity of an area designated for a temporary special event by the board of county commissioners, provided that any notice or other right provided to affected businesses or property owners during the temporary special event is also provided to any sidewalk vendors permitted to operate in the area, if applicable. A prohibition of sidewalk vendors pursuant to this subparagraph must only be effective for the limited duration of the temporary special event.
(3) Within a set distance established by the board of county commissioners of:
(I) Except as otherwise provided in NRS 244.35484, an establishment that holds a nonrestricted gaming license described in subsection 1 or 2 of NRS 463.0177;
(II) A food establishment;
(III) A school, child care facility, community center, polling place, religious institution or place of worship or park or recreational facility owned by the county; or
(IV) A highly trafficked pedestrian mall, convention center or designated entertainment district.
(4) In residential areas, but must not prohibit nonstationary sidewalk vendors from operating in such areas.
2. As used in this section:
(a) Entertainment district means a contiguous area located within a county that:
(1) Is zoned for or customarily used for commercial purposes; and
(2) Contains any number and combination of restaurants, bars, entertainment establishments, music venues, theaters, art galleries or studios, dance studios or athletic stadiums.
(b) Pedestrian mall has the meaning ascribed to it in NRS 268.811.
κ2025 Statutes of Nevada, Page 3537 (CHAPTER 512, SB 466)κ
Sec. 54. NRS 244.35487 is hereby amended to read as follows:
244.35487 1. In accordance with an ordinance adopted pursuant to NRS 244.35481 to 244.35488, inclusive, a board of county commissioners or its designee may:
(a) Suspend or revoke any permit or license for sidewalk vending for any violation of the ordinance or the terms or conditions of the permit or license in the same manner as such suspensions or revocations are imposed for other types of businesses;
(b) Impose a civil penalty on the holder of a permit or license for sidewalk vending that engages in sidewalk vending in a prohibited residential area or for any violation of the terms or conditions of the permit or license in accordance with the schedule of civil penalties set forth in the ordinance, if any;
(c) Impose a civil penalty on a person who engages in sidewalk vending without holding a permit or license for sidewalk vending required by the ordinance in accordance with the schedule of civil penalties set forth in the ordinance, if any; and
(d) Authorize any other action to prevent the sale or consumption of any food or drink that violates any requirements established by a local board of health pursuant to [NRS 446.861.] section 20 of this act.
2. For any person who engages in sidewalk vending without holding a permit or license for sidewalk vending or who engages in sidewalk vending in a prohibited area, a board of county commissioners or its designee may also take any other action authorized under existing law to enforce any prohibition on unlicensed business activities, including, without limitation, any action authorized pursuant to NRS 244.35484.
Sec. 55. NRS 244.369 is hereby amended to read as follows:
244.369 1. Subject to the limitations contained in subsection 2, any board of county commissioners may by ordinance require that any food handler, as defined in [NRS 446.030,] section 7 of this act, submit to physical examination as a prerequisite to engaging in or continuing to engage in such occupation.
2. Any ordinance enacted pursuant to the provisions of subsection 1 shall provide that no food handler is required to pay in excess of $5 for any or all required physical examinations in any 2-year period.
Sec. 56. NRS 268.097996 is hereby amended to read as follows:
268.097996 1. In addition to the provisions of NRS 268.097995, an ordinance adopted by a city council or other governing body of an incorporated city that regulates sidewalk vendors may:
(a) Adopt requirements regulating the time, place and manner of sidewalk vending if the requirements are objectively and directly related to the health, safety or welfare concerns of the public, which may include, without limitation:
(1) Restrictions on the hours of operation of a sidewalk vendor, which may not be more restrictive than any restriction imposed by any applicable ordinance regulating noise or any restriction on the hours of operation imposed on home-based businesses that are similar to sidewalk vending; and
(2) Requirements to:
(I) Maintain sanitary conditions and comply with the regulations adopted by a local board of health pursuant to [NRS 446.861.] section 20 of this act.
κ2025 Statutes of Nevada, Page 3538 (CHAPTER 512, SB 466)κ
(II) Ensure compliance with the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.
(b) Restrict or prohibit sidewalk vendors from operating:
(1) In areas located within the immediate vicinity of a farmers market licensed pursuant to NRS 268.092 during the operating hours of the farmers market.
(2) Within the immediate vicinity of an area designated for a temporary special event by the city council or other governing body of an incorporated city, provided that any notice or other right provided to affected businesses or property owners during the temporary special event is also provided to any sidewalk vendors permitted to operate in the area, if applicable. A prohibition of sidewalk vendors pursuant to this subparagraph must only be effective for the limited duration of the temporary special event.
(3) Within a set distance established by the city council or other governing body of an incorporated city of:
(I) Except as otherwise provided in NRS 268.097994, an establishment that holds a nonrestricted gaming license described in subsection 1 or 2 of NRS 463.0177;
(II) A food establishment;
(III) A school, child care facility, community center, polling place, religious institution or place of worship or a park or recreational facility owned by the city; or
(IV) A highly trafficked pedestrian mall, convention center or designated entertainment district.
(4) In residential areas, but must not prohibit nonstationary sidewalk vendors from operating in such areas.
2. As used in this section:
(a) Entertainment district means a contiguous area located within a city that:
(1) Is zoned for or customarily used for commercial purposes; and
(2) Contains any number and combination of restaurants, bars, entertainment establishments, music venues, theaters, art galleries or studios, dance studios or athletic stadiums.
(b) Pedestrian mall has the meaning ascribed to it in NRS 268.811.
Sec. 57. NRS 268.097997 is hereby amended to read as follows:
268.097997 1. In accordance with an ordinance adopted pursuant to NRS 268.097991 to 268.097998, inclusive, a city council or other governing body of an incorporated city, or a designee of the city council or other governing body, may:
(a) Suspend or revoke any permit or license for sidewalk vending for any violation of the ordinance or the terms or conditions of the permit or license in the same manner as such suspensions or revocations are imposed for other types of businesses;
(b) Impose a civil penalty on the holder of a permit or license for sidewalk vending that engages in sidewalk vending in a prohibited residential area or for any violation of the terms or conditions of the permit or license in accordance with the schedule of civil penalties set forth in the ordinance, if any;
κ2025 Statutes of Nevada, Page 3539 (CHAPTER 512, SB 466)κ
(c) Impose a civil penalty on a person who engages in sidewalk vending without holding a permit or license for sidewalk vending required by the ordinance in accordance with the schedule of civil penalties set forth in the ordinance, if any; and
(d) Authorize any other action to prevent the sale or consumption of any food or drink that violates any requirements established by a local board of health pursuant to [NRS 446.861.] section 20 of this act.
2. For any person who engages in sidewalk vending without holding a permit or license for sidewalk vending or who engages in sidewalk vending in a prohibited area, a city council or other governing body of an incorporated city, or a designee of the city council or other governing body, may also take any other action authorized under existing law to enforce any prohibition on unlicensed business activities, including, without limitation, any action authorized pursuant to NRS 268.097994.
Sec. 58. NRS 341.100 is hereby amended to read as follows:
341.100 1. The Administrator and the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section serve at the pleasure of the Director of the Department.
2. The Administrator shall appoint:
(a) A Deputy Administrator of the Public Works - Professional Services Section; and
(b) A Deputy Administrator of the Buildings and Grounds Section.
Κ Each deputy administrator appointed pursuant to this subsection serves at the pleasure of the Administrator.
3. The Administrator shall recommend and the Director shall appoint a Deputy Administrator of the Public Works - Compliance and Code Enforcement Section. The Deputy Administrator appointed pursuant to this subsection has the final authority in the interpretation and enforcement of any applicable building codes.
4. The Administrator may appoint such other technical and clerical assistants as may be necessary to carry into effect the provisions of this chapter.
5. The Administrator and each deputy administrator are in the unclassified service of the State. Except as otherwise provided in NRS 284.143, the Administrator and each deputy administrator shall devote his or her entire time and attention to the business of the office and shall not pursue any other business or occupation or hold any other office of profit.
6. The Administrator must:
(a) Have a masters degree or doctoral degree in civil or environmental engineering, architecture, public administration or a related field and experience in management, public administration or public policy; or
(b) Be a licensed professional engineer pursuant to the provisions of chapter 625 of NRS or an architect registered pursuant to the provisions of chapter 623 of NRS.
7. The Deputy Administrator of the:
(a) Public Works - Professional Services Section must be a licensed professional engineer pursuant to the provisions of chapter 625 of NRS or an architect registered pursuant to the provisions of chapter 623 of NRS.
κ2025 Statutes of Nevada, Page 3540 (CHAPTER 512, SB 466)κ
(b) Public Works - Compliance and Code Enforcement Section must have a comprehensive knowledge of building codes and a working knowledge of the principles of engineering or architecture as determined by the Administrator.
8. The Administrator shall:
(a) Serve as the Secretary of the Board.
(b) Manage the daily affairs of the Division.
(c) Represent the Board and the Division before the Legislature.
(d) Prepare and submit to the Board, for its approval, the recommended priority for proposed capital improvement projects and provide the Board with an estimate of the cost of each project.
(e) Select architects, engineers and contractors.
(f) Accept completed projects.
(g) Submit in writing to the Director of the Department, the Governor and the Interim Finance Committee a monthly report regarding all public works projects which are a part of the approved capital improvement program. For each such project, the monthly report must include, without limitation, a detailed description of the progress of the project which highlights any specific events, circumstances or factors that may result in:
(1) Changes in the scope of the design or construction of the project or any substantial component of the project which increase or decrease the total square footage or cost of the project by 10 percent or more;
(2) Increased or unexpected costs in the design or construction of the project or any substantial component of the project which materially affect the project;
(3) Delays in the completion of the design or construction of the project or any substantial component of the project; or
(4) Any other problems which may adversely affect the design or construction of the project or any substantial component of the project.
(h) Have final authority to approve the architecture of all buildings, plans, designs, types of construction, major repairs and designs of landscaping.
9. The Deputy Administrator of the Public Works - Compliance and Code Enforcement Section shall:
(a) Serve as the building official for all buildings and structures on property of the State or held in trust for any division of the State Government; and
(b) Consult with an agency or official that is considering adoption of a regulation described in NRS [446.942,] 449.345, 455C.115, 461.173 or 477.0325 or section 42 of this act and provide recommendations regarding how the regulation, as it applies to buildings and structures on property of this State or held in trust for any division of the State Government, may be made consistent with other regulations which apply to such buildings or structures.
Sec. 59. NRS 426.700 is hereby amended to read as follows:
426.700 A licensee operating a vending facility under the provisions of NRS 426.630 to 426.715, inclusive, is subject to:
1. The provisions of any and all laws and ordinances applying within the territory within which the vending facility is located, including those requiring a license or permit for the conduct of such business or any particular aspect thereof.
κ2025 Statutes of Nevada, Page 3541 (CHAPTER 512, SB 466)κ
2. The provisions of [chapter 446 of NRS.] sections 2 to 44, inclusive, of this act.
Sec. 60. NRS 439.200 is hereby amended to read as follows:
439.200 1. The State Board of Health may by affirmative vote of a majority of its members adopt, amend and enforce reasonable regulations consistent with law:
(a) To define and control dangerous communicable diseases.
(b) To prevent and control nuisances.
(c) To regulate sanitation and sanitary practices in the interests of the public health.
(d) [To provide for the sanitary protection of water and food supplies.
(e)] To govern and define the powers and duties of local boards of health and health officers, except with respect to the provisions of NRS 444.440 to 444.620, inclusive, 444.650, 445A.170 to 445A.955, inclusive, and chapter 445B of NRS.
[(f)] (e) To protect and promote the public health generally.
[(g)] (f) To carry out all other purposes of this chapter.
2. Except as otherwise provided in NRS 444.650, those regulations have the effect of law and supersede all local ordinances and regulations inconsistent therewith, except those local ordinances and regulations which are more stringent than the regulations provided for in this section.
3. The State Board of Health may grant a variance from the requirements of a regulation if it finds that:
(a) Strict application of that regulation would result in exceptional and undue hardship to the person requesting the variance; and
(b) The variance, if granted, would not:
(1) Cause substantial detriment to the public welfare; or
(2) Impair substantially the purpose of that regulation.
4. Each regulation adopted by the State Board of Health must be published immediately after adoption and issued in pamphlet form for distribution to local health officers and the residents of the State.
Sec. 61. NRS 439.366 is hereby amended to read as follows:
439.366 1. The district board of health has the powers, duties and authority of a county board of health in the health district.
2. The district health department has jurisdiction over all public health matters in the health district.
3. In addition to any other powers, duties and authority conferred on a district board of health by this section, the district board of health may by affirmative vote of a majority of all the members of the board adopt regulations consistent with law, which must take effect immediately on their approval by the State Board of Health, to:
(a) Prevent and control nuisances;
(b) Regulate sanitation and sanitary practices in the interests of the public health;
(c) [Provide] Consistent with any regulations adopted by the State Department of Agriculture pursuant to section 14 of this act, provide for the sanitary protection of water and food supplies;
(d) Protect and promote the public health generally in the geographical area subject to the jurisdiction of the health district; and
(e) Improve the quality of health care services for members of minority groups and medically underserved populations.
κ2025 Statutes of Nevada, Page 3542 (CHAPTER 512, SB 466)κ
4. Before the adoption, amendment or repeal of a regulation, the district board of health must give at least 30 days notice of its intended action. The notice must:
(a) Include a statement of either the terms or substance of the proposal or a description of the subjects and issues involved, and of the time when, the place where and the manner in which interested persons may present their views thereon;
(b) State each address at which the text of the proposal may be inspected and copied; and
(c) Be mailed to all persons who have requested in writing that they be placed on a mailing list, which must be kept by the board for such purpose.
5. All interested persons must be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing, on the intended action to adopt, amend or repeal the regulation. With respect to substantive regulations, the district board of health shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposal and requests an oral hearing, the district board of health may proceed immediately to act upon any written submissions. The district board of health shall consider fully all written and oral submissions respecting the proposal.
6. The district board of health shall file a copy of all of its adopted regulations with the county clerk.
Sec. 62. NRS 439.410 is hereby amended to read as follows:
439.410 1. The district board of health has the powers, duties and authority of a county board of health in the health district.
2. The district health department has jurisdiction over all public health matters in the health district, except in matters concerning emergency medical services pursuant to the provisions of chapter 450B of NRS.
3. In addition to any other powers, duties and authority conferred on a district board of health by this section, the district board of health may by affirmative vote of a majority of all the members of the board adopt regulations consistent with law, which must take effect immediately on their approval by the State Board of Health, to:
(a) Prevent and control nuisances;
(b) Regulate sanitation and sanitary practices in the interests of the public health;
(c) [Provide] Consistent with any regulations adopted by the State Department of Agriculture pursuant to section 14 of this act, provide for the sanitary protection of water and food supplies; and
(d) Protect and promote the public health generally in the geographical area subject to the jurisdiction of the health district.
4. Before the adoption, amendment or repeal of a regulation, the district board of health must give at least 30 days notice of its intended action. The notice must:
(a) Include a statement of either the terms or substance of the proposal or a description of the subjects and issues involved, and of the time when, the place where and the manner in which interested persons may present their views thereon.
(b) State each address at which the text of the proposal may be inspected and copied.
κ2025 Statutes of Nevada, Page 3543 (CHAPTER 512, SB 466)κ
(c) Be mailed to all persons who have requested in writing that they be placed on a mailing list, which must be kept by the district board for such purpose.
5. All interested persons must be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing, on the intended action to adopt, amend or repeal the regulation. With respect to substantive regulations, the district board shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposal and requests an oral hearing, the district board may proceed immediately to act upon any written submissions. The district board shall consider fully all written and oral submissions respecting the proposal.
6. Each district board of health shall file a copy of all of its adopted regulations with the county clerk of each county in which it has jurisdiction.
Sec. 63. NRS 439.4905 is hereby amended to read as follows:
439.4905 1. Unless an exemption is approved pursuant to subsection 3, each county shall pay an assessment to the Division, in an amount determined by the Division, for the costs of services provided in that county by the Division or by the Chief Medical Officer, including, without limitation, services provided pursuant to this chapter and chapters 441A, 444 [, 446] and 583 of NRS and the regulations adopted pursuant to those chapters, regardless of whether the county has a local health authority.
2. Each county shall pay the assessment to the Division in quarterly installments that are due on the first day of the first month of each calendar quarter.
3. A county may submit a proposal to the Governor for the county to carry out the services that would otherwise be provided by the Division or the Chief Medical Officer pursuant to this chapter and chapters 441A, 444 [, 446] and 583 of NRS and the regulations adopted pursuant to those chapters. If the Governor approves the proposal, the Governor shall submit a recommendation to the Interim Finance Committee to exempt the county from the assessment required pursuant to subsection 1. The Interim Finance Committee, upon receiving the recommendation from the Governor, shall consider the proposal and determine whether to approve the exemption. In considering whether to approve the exemption, the Interim Finance Committee shall consider, among other things, the best interests of the State, the effect of the exemption and the intent of the Legislature in requiring the assessment to be paid by each county.
4. An exemption that is approved by the Interim Finance Committee pursuant to subsection 3 must not become effective until at least 6 months after that approval.
5. A county that receives approval pursuant to subsection 3 to carry out the services that would otherwise be provided by the Division or the Chief Medical Officer pursuant to this chapter and chapters 441A, 444 [, 446] and 583 of NRS and the regulations adopted pursuant to those chapters shall carry out those services in the manner set forth in those chapters and regulations.
6. The Division may adopt such regulations as necessary to carry out the provisions of this section.
κ2025 Statutes of Nevada, Page 3544 (CHAPTER 512, SB 466)κ
Sec. 64. NRS 439.532 is hereby amended to read as follows:
439.532 1. Unless federal law or regulation otherwise requires, a person shall not sell or offer to sell any commodity or product containing hemp which is intended for human consumption or any other commodity or product that purports to contain cannabidiol with a THC concentration that does not exceed the maximum THC concentration established by federal law for hemp unless such a commodity or product:
(a) Has been tested by an independent testing laboratory and meets the standards established by regulation of the Department pursuant to subsection 3; and
(b) Is labeled in accordance with the regulations adopted by the Department pursuant to subsection 3.
2. A person who produces or offers for sale a commodity or product described in subsection 1 may submit such a commodity or product to a cannabis independent testing laboratory for testing pursuant to this section and a cannabis independent testing laboratory may perform such testing.
3. The Department shall adopt regulations requiring the testing and labeling of any commodity or product described in subsection 1. Such regulations must:
(a) Set forth protocols and procedures for the testing of the commodities and products described in subsection 1;
(b) Identify contaminants of the commodities and products described in subsection 1 which are foods that contain an approved hemp component, as defined in [NRS 446.844,] section 18 of this act, and prescribe tolerances for such contaminants; and
(c) Require that any commodity or product described in subsection 1 is labeled in a manner that is not false or misleading in accordance with the applicable provisions of [chapters 446] sections 2 to 44, inclusive, of this act and chapter 585 of NRS.
4. As used in this section:
(a) Cannabis independent testing laboratory has the meaning ascribed to it in NRS 678A.115.
(b) Food has the meaning ascribed to it in [NRS 446.017.] section 5 of this act.
(c) Hemp has the meaning ascribed to it in NRS 557.160.
(d) Intended for human consumption means intended for ingestion or inhalation by a human or for topical application to the skin or hair of a human.
(e) THC has the meaning ascribed to it in NRS 453.139.
Sec. 65. NRS 444.350 is hereby amended to read as follows:
444.350 1. Any construction, alteration or change in the use of a building or other structure in this State must be in compliance with the Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials in the form most recently adopted by that Association, unless the State Public Works Board posts a notice of disapproval of any amendment to the Code pursuant to subsection 5.
2. Any city or county may adopt such modifications as are deemed reasonably necessary because of its geographic, topographic or climatic conditions. Any city or county desiring to make changes to the Uniform Plumbing Code must, before its adoption, submit the Code with the proposed amendments to the State Public Works Board.
κ2025 Statutes of Nevada, Page 3545 (CHAPTER 512, SB 466)κ
3. No city or county may allow the use of any solder or flux that contains more than 0.2 percent lead or allow the use of any pipe or pipe fitting that contains more than 8 percent lead in the installation or repair of a public water system or any residence or facility connected to a public water system. As used in this subsection, public water system has the meaning ascribed to it in NRS 445A.840.
4. A facility used by members of the public whose construction or renovation begins on or after January 1, 1994, must provide on its premises a sufficient number of water closets and urinals to comply with the minimum standards set forth in the Uniform Plumbing Code. As used in this subsection, facility used by members of the public means any motion picture house, theater, concert hall, community hall, sports arena, stadium, ski resort or other permanent place of exhibition or entertaining to which members of the public are invited or which is intended for public use. The term does not include:
(a) A hotel as defined in NRS 447.010.
(b) A food establishment as defined in [NRS 446.020.] section 6 of this act.
(c) A childrens camp as defined in NRS 444.220.
(d) A historic structure as defined in NRS 244A.6825.
(e) A public or private school.
(f) A convention hall.
5. The Chair of the State Public Works Board or the Chairs designee shall review each amendment to the Uniform Plumbing Code and approve or disapprove of the amendment for use in Nevada. If the Chair does not post a notice of disapproval within 30 days after an amendment is published, the amendment shall be deemed approved for this State.
6. As used in this section, unless the context otherwise requires, convention hall means a facility which incorporates both space for exhibitions and a substantial number of smaller spaces for meetings, and which is primarily for use by trade shows, public shows, conventions or related activities.
Sec. 66. NRS 557.190 is hereby amended to read as follows:
557.190 The provisions of this chapter do not apply to:
1. A person who purchases, for the purpose of resale, hemp or a commodity or product made using hemp which was not grown or processed by the person;
2. A person who transports hemp or a commodity or product made using hemp which was not grown or processed by the person; or
3. A person described in [NRS 446.844] section 18 of this act who, for the purpose of engaging in any of the activities set forth in [NRS 446.844,] section 18 of this act, purchases or handles hemp or a commodity or product made using hemp which was not grown or processed by the person,
Κ if such a person reasonably believes the hemp or commodity or product made using hemp was grown or processed in compliance with the provisions of this chapter.
Sec. 67. NRS 576.128 is hereby amended to read as follows:
576.128 1. The Department shall adopt regulations pursuant to which a person who is an actual producer of farm products other than any livestock, livestock product or poultry must obtain certification as an actual producer of farm products. The regulations may include provisions for the certification by reciprocity of a person who holds a similar certification from another jurisdiction where the requirements for that certification are substantially equal to the requirements in this state.
κ2025 Statutes of Nevada, Page 3546 (CHAPTER 512, SB 466)κ
by reciprocity of a person who holds a similar certification from another jurisdiction where the requirements for that certification are substantially equal to the requirements in this state.
2. The Department may impose fees for the certification of a person as an actual producer of farm products specified in subsection 1 and any inspections necessary for that certification. The fees must be set in an amount which approximates the cost to the Department of performing those services and activities.
3. A person who obtains certification pursuant to this section is exempt from any:
(a) Tax or other fee imposed pursuant to NRS 244.335, 266.355, subsection 7 of NRS 266.600, NRS 268.095, 269.170 or 269.175, relating to the issuance of any license to sell or offer to sell, in its natural and unprocessed state directly to any consumer, restaurant or grocery store, farm products specified in subsection 1 for which the person has obtained certification pursuant to this section.
(b) Fee imposed for:
(1) The issuance of a permit pursuant to the provisions of [chapter 446 of NRS] sections 2 to 44, inclusive, of this act to sell or offer to sell, in its natural and unprocessed state directly to any consumer, restaurant or grocery store, farm products specified in subsection 1 for which the person has obtained certification pursuant to this section; or
(2) Any inspection conducted pursuant to the provisions of [chapter 446 of NRS] sections 2 to 44, inclusive, of this act relating to such a sale or offer to sell.
Sec. 68. NRS 597.7629 is hereby amended to read as follows:
597.7629 1. Food dispensing establishment means a food establishment 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) Food establishment has the meaning ascribed to it in [NRS 446.020.] section 6 of this act.
(c) Grocery store has the meaning ascribed to it in NRS 597.225.
Sec. 69. NRS 678B.290 is hereby amended to read as follows:
678B.290 1. The Board shall establish standards for and certify one or more cannabis independent testing laboratories to:
(a) Test cannabis for adult use and adult-use cannabis products that are to be sold in this State;
(b) Test cannabis for medical use and medical cannabis products that are to be sold in this State; and
(c) In addition to the testing described in paragraph (a) or (b), test commodities or products containing hemp, as defined in NRS 557.160, or cannabidiol which are intended for human or animal consumption and sold by a cannabis establishment or a person described in [NRS 446.844.] section 18 of this act.
2. Such a cannabis independent testing laboratory must be able to:
(a) Determine accurately, with respect to cannabis or cannabis products that are sold or will be sold at cannabis sales facilities in this State:
κ2025 Statutes of Nevada, Page 3547 (CHAPTER 512, SB 466)κ
(1) The concentration therein of THC and cannabidiol.
(2) The presence and identification of microbes, molds and fungi.
(3) The composition of the tested material.
(4) The presence of chemicals in the tested material, including, without limitation, pesticides, heavy metals, herbicides or growth regulators.
(b) Demonstrate the validity and accuracy of the methods used by the cannabis independent testing laboratory to test cannabis and cannabis products.
3. To obtain a license to operate a cannabis independent testing laboratory, an applicant must:
(a) Apply successfully as required pursuant to NRS 678B.210 or 678B.250, as applicable.
(b) Pay the fees required pursuant to NRS 678B.390.
(c) Agree to become accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization within 1 year after licensure by an impartial organization that operates in accordance with standard ISO/IEC 17011 of the International Organization for Standardization and is a signatory to the Mutual Recognition Arrangement of the International Laboratory Accreditation Cooperation.
Sec. 70. NRS 678B.520 is hereby amended to read as follows:
678B.520 1. Each cannabis establishment shall, in consultation with the Board, cooperate to ensure that all cannabis products offered for sale:
(a) Are labeled clearly and unambiguously:
(1) As cannabis with the words THIS PRODUCT CONTAINS CANNABIS in bold type; and
(2) As required by the provisions of this chapter and chapters 678C and 678D of NRS.
(b) Are not presented in packaging that contains an image of a cartoon character, mascot, action figure, balloon or toy, except that such an item may appear in the logo of the cannabis production facility which produced the product.
(c) Are regulated and sold on the basis of the concentration of THC in the products and not by weight.
(d) Are packaged and labeled in such a manner as to allow tracking by way of an inventory control system.
(e) Are not packaged and labeled in a manner which is modeled after a brand of products primarily consumed by or marketed to children.
(f) Are labeled in a manner which indicates the amount of THC in the product, measured in milligrams, and includes a statement that the product contains cannabis and its potency was tested with an allowable variance of the amount determined by the Board by regulation.
(g) Are not labeled or marketed as candy.
(h) Are labeled with:
(1) The words Keep out of reach of children;
(2) A list of all ingredients used in the cannabis product;
(3) A list of all major food allergens in the cannabis product; and
(4) Any other information the Board may require by regulation.
2. A cannabis production facility shall not produce cannabis products in any form that:
κ2025 Statutes of Nevada, Page 3548 (CHAPTER 512, SB 466)κ
(a) Is or appears to be a lollipop.
(b) Bears the likeness or contains characteristics of a real or fictional person, animal or fruit, including, without limitation, a caricature, cartoon or artistic rendering.
(c) Is modeled after a brand of products primarily consumed by or marketed to children.
(d) Is made by applying concentrated cannabis, as defined in NRS 453.042, to a commercially available candy or snack food item other than dried fruit, nuts or granola.
3. A cannabis production facility shall:
(a) Seal any cannabis product that consists of cookies or brownies in a bag or other container which is not transparent.
(b) Maintain a hand washing area with hot water, soap and disposable towels which is located away from any area in which cannabis products are cooked or otherwise prepared.
(c) Require each person who handles cannabis products to restrain his or her hair, wear clean clothing and keep his or her fingernails neatly trimmed.
(d) Package all cannabis products produced by the cannabis production facility on the premises of the cannabis production facility.
4. A cannabis establishment shall not engage in advertising that in any way makes cannabis or cannabis products appeal to children, including, without limitation, advertising which uses an image of a cartoon character, mascot, action figure, balloon, fruit or toy.
5. Each cannabis sales facility shall offer for sale containers for the storage of cannabis and cannabis products which lock and are designed to prohibit children from unlocking and opening the container.
6. A cannabis sales facility shall:
(a) Convey to each purchaser of cannabis or cannabis products the following information in a manner prescribed by the Board:
(1) To keep cannabis and cannabis products out of the reach of children;
(2) That cannabis products can cause severe illness in children;
(3) That allowing children to ingest cannabis or cannabis products or storing cannabis or cannabis products in a location which is accessible to children may result in an investigation by an agency which provides child welfare services or criminal prosecution for child abuse or neglect;
(4) That the intoxicating effects of edible cannabis products may be delayed by 2 hours or more and users of edible cannabis products should initially ingest a small amount of the product, then wait at least 120 minutes before ingesting any additional amount of the product;
(5) That pregnant women should consult with a physician before ingesting cannabis or cannabis products;
(6) That ingesting cannabis or cannabis products with alcohol or other drugs, including prescription medication, may result in unpredictable levels of impairment and that a person should consult with a physician before doing so;
(7) That cannabis or cannabis products can impair concentration, coordination and judgment and a person should not operate a motor vehicle while under the influence of cannabis or cannabis products; and
κ2025 Statutes of Nevada, Page 3549 (CHAPTER 512, SB 466)κ
(8) That ingestion of any amount of cannabis or cannabis products before driving may result in criminal prosecution for driving under the influence.
(b) Enclose all cannabis and cannabis products in opaque, child-resistant packaging upon sale.
7. A cannabis sales facility shall allow any person who is at least 21 years of age to enter the premises of the cannabis sales facility.
8. If the [health] food safety authority, as defined in [NRS 446.050,] section 9 of this act, where a cannabis production facility, cannabis sales facility or cannabis consumption lounge which sells edible cannabis products is located requires persons who handle food at a food establishment to obtain certification, the cannabis production facility, cannabis sales facility or cannabis consumption lounge shall ensure that at least one employee maintains such certification.
9. A cannabis production facility may sell a commodity or product made using hemp, as defined in NRS 557.160, or containing cannabidiol to a cannabis sales facility.
10. In addition to any other product authorized by the provisions of this title, a cannabis sales facility may sell:
(a) Any commodity or product made using hemp, as defined in NRS 557.160;
(b) Any commodity or product containing cannabidiol with a THC concentration of not more than 0.3 percent; and
(c) Any other product specified by regulation of the Board.
11. A cannabis establishment:
(a) Shall not engage in advertising which contains any statement or illustration that:
(1) Is false or misleading;
(2) Promotes overconsumption of cannabis or cannabis products;
(3) Depicts the actual consumption of cannabis or cannabis products; or
(4) Depicts a child or other person who is less than 21 years of age consuming cannabis or cannabis products or objects suggesting the presence of a child, including, without limitation, toys, characters or cartoons, or contains any other depiction which is designed in any manner to be appealing to or encourage consumption of cannabis or cannabis products by a person who is less than 21 years of age.
(b) Shall not advertise in any publication or on radio, television or any other medium if 30 percent or more of the audience of that medium is reasonably expected to be persons who are less than 21 years of age.
(c) Shall not place an advertisement:
(1) Within 1,000 feet of a public or private school, playground, public park or library, but may maintain such an advertisement if it was initially placed before the school, playground, public park or library was located within 1,000 feet of the location of the advertisement;
(2) On or inside of a motor vehicle used for public transportation or any shelter for public transportation;
(3) At a sports event to which persons who are less than 21 years of age are allowed entry; or
κ2025 Statutes of Nevada, Page 3550 (CHAPTER 512, SB 466)κ
(4) At an entertainment event if it is reasonably estimated that 30 percent or more of the persons who will attend that event are less than 21 years of age.
(d) Shall not advertise or offer any cannabis or cannabis product as free or donated without a purchase.
(e) Shall ensure that all advertising by the cannabis establishment contains such warnings as may be prescribed by the Board, which must include, without limitation, the following words:
(1) Keep out of reach of children; and
(2) For use only by adults 21 years of age and older.
(f) Shall ensure that all advertising by the cannabis establishment contains:
(1) The name of the cannabis establishment; and
(2) Except as otherwise provided in subsection 12, the adult-use cannabis establishment license number or medical cannabis establishment license number of the cannabis establishment or any other unique identifier assigned to the cannabis establishment by the Board.
12. A cannabis establishment that holds more than one license may satisfy the requirement set forth in subparagraph (2) of paragraph (f) of subsection 11 if the cannabis establishment includes in all advertising conducted by the cannabis establishment:
(a) Any one of the adult-use cannabis establishment license numbers or medical cannabis establishment license numbers of the cannabis establishment; or
(b) Any one unique identifier assigned to the cannabis establishment by the Board.
13. Nothing in subsection 11 shall be construed to prohibit a local government, pursuant to chapter 244, 268 or 278 of NRS, from adopting an ordinance for the regulation of advertising relating to cannabis which is more restrictive than the provisions of subsection 11 relating to:
(a) The number, location and size of signs, including, without limitation, any signs carried or displayed by a natural person;
(b) Handbills, pamphlets, cards or other types of advertisements that are distributed, excluding an advertisement placed in a newspaper of general circulation, trade publication or other form of print media;
(c) Any stationary or moving display that is located on or near the premises of a cannabis establishment; and
(d) The content of any advertisement used by a cannabis establishment if the ordinance sets forth specific prohibited content for such an advertisement.
14. If a cannabis establishment engages in advertising for which it is required to determine the percentage of persons who are less than 21 years of age and who may reasonably be expected to view or hear the advertisement, the cannabis establishment shall maintain documentation for not less than 5 years after the date on which the advertisement is first broadcasted, published or otherwise displayed that demonstrates the manner in which the cannabis establishment determined the reasonably expected age of the audience for that advertisement.
κ2025 Statutes of Nevada, Page 3551 (CHAPTER 512, SB 466)κ
15. To the extent that they are inconsistent or otherwise conflict with the regulations adopted by the Board pursuant to NRS 678D.480, the requirements of this section pertaining to cannabis products do not apply to ready-to-consume cannabis products prepared and sold by a cannabis consumption lounge.
16. In addition to any other penalties provided for by law, the Board may impose a civil penalty upon a cannabis establishment that violates the provisions of subsection 11 or 14 as follows:
(a) For the first violation in the immediately preceding 2 years, a civil penalty not to exceed $1,250.
(b) For the second violation in the immediately preceding 2 years, a civil penalty not to exceed $2,500.
(c) For the third violation in the immediately preceding 2 years, a civil penalty not to exceed $5,000.
(d) For the fourth violation in the immediately preceding 2 years, a civil penalty not to exceed $10,000.
17. As used in this section, motor vehicle used for public transportation does not include a taxicab, as defined in NRS 706.124.
Sec. 71. The Director of the Department of Health and Human Services shall coordinate with the Director of the State Department of Agriculture to transfer employees whose primary duties relate to food establishments pursuant to chapter 446 of NRS to the State Department of Agriculture.
Sec. 72. 1. Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.
2. Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.
3. Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.
Sec. 73. The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
Sec. 74. Notwithstanding the amendatory provisions of this act, any person who, on June 30, 2025, holds a permit issued by the Division of Public and Behavioral Health of the Department of Health and Human Services or a local health authority pursuant to NRS 446.875, as that section existed on June 30, 2025, is not required to obtain a permit from the State Department of Agriculture or other food safety authority pursuant to section 26 of this act until the expiration of the permit issued pursuant to NRS 446.875, as that section existed on June 30, 2025.
κ2025 Statutes of Nevada, Page 3552 (CHAPTER 512, SB 466)κ
Department of Agriculture or other food safety authority pursuant to section 26 of this act until the expiration of the permit issued pursuant to NRS 446.875, as that section existed on June 30, 2025.
Sec. 75. Notwithstanding the amendatory provisions of this act, any regulation adopted by a local board of health pursuant to NRS 446.940, as that section existed on June 30, 2025, shall be deemed to be approved by the State Department of Agriculture pursuant to section 40 of this act.
Sec. 75.5. Notwithstanding the amendatory provisions of this act, the State Department of Agriculture shall review the budget of the Department, any fee charged to a food establishment pursuant to chapter 446 of NRS, as that chapter existed on June 30, 2025, and the assessments charged pursuant to NRS 439.4905, as that section existed on June 30, 2025, to each county for services provided by the Division of Public and Behavioral Health of the Department of Health and Human Services pursuant to chapter 446 of NRS and any regulations adopted pursuant thereto to determine the amount of the assessments that are necessary to ensure the financial solvency of the State Department of Agriculture in providing all such services pursuant to sections 2 to 44, inclusive, of this act and any regulations adopted pursuant thereto. Based on the results of the review conducted pursuant to this section, the State Department of Agriculture may increase the assessments charged pursuant to section 15 of this act.
Sec. 76. Notwithstanding the amendatory provisions of this act, if a county has received an exemption from the Interim Finance Committee pursuant to NRS 439.4905, as that section existed on June 30, 2025, for the county to carry out the services that would otherwise be provided by the Division of Public and Behavioral Health of the Department of Health and Human Services or the Chief Medical Officer pursuant to chapter 446 of NRS and the regulations adopted pursuant thereto, the county shall be deemed to be exempt from the assessment required to be paid to the State Department of Agriculture pursuant to section 15 of this act for any service provided by the State Department of Agriculture pursuant to sections 2 to 44, inclusive, of this act and any regulations adopted pursuant thereto.
Sec. 77. NRS 446.0145, 446.017, 446.020, 446.030, 446.035, 446.050, 446.053, 446.057, 446.067, 446.069, 446.841, 446.842, 446.844, 446.846, 446.861, 446.865, 446.866, 446.868, 446.869, 446.870, 446.872, 446.875, 446.877, 446.880, 446.883, 446.885, 446.890, 446.895, 446.900, 446.920, 446.923, 446.925, 446.930, 446.935, 446.940, 446.941, 446.942, 446.943 and 446.945 are hereby repealed.
Sec. 78. This act becomes effective on July 1, 2025.
________
κ2025 Statutes of Nevada, Page 3553κ
Senate Bill No. 467Committee on Finance
CHAPTER 513
[Approved: June 10, 2025]
AN ACT relating to governmental administration; transferring the Nevada Office of Cyber Defense Coordination of the Department of Public Safety to the Office of the Chief Information Officer within the Office of the Governor; merging the Nevada Office of Cyber Defense Coordination with the Office of Information Security in the Office of the Chief Information Officer; setting forth the duties of the Office of Information Security and Cyber Defense; providing certain records are confidential; repealing provisions relating to the Nevada Office of Cyber Defense Coordination; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Nevada Office of Cyber Defense Coordination within the Department of Public Safety, which is headed by an Administrator appointed by the Director of the Department of Public Safety. (NRS 480.920) Existing law sets forth the duties of the Office of Cyber Defense Coordination which include: (1) various duties relating to the security of information systems of state agencies; (2) establishing partnerships with local governments, the Nevada System of Higher Education, private entities and the Federal Government relating to the security of information systems; (3) to prepare and maintain a statewide strategic plan regarding the security of information systems in this State; (4) submitting certain quarterly and annual reports relating to cybersecurity and the progress of the Office; and (5) maintaining certain cybersecurity incident response plans filed by a political subdivision. (NRS 480.924-480.935)
Existing law creates the Office of the Chief Information Officer within the Office of the Governor, consisting of certain units, offices and other units, groups, divisions or departments, including the Office of Information Security. (NRS 242.080) Sections 2, 3, 5-16, 26 and 27 of this bill move the Nevada Office of Cyber Defense Coordination to the Office of the Chief Information Officer. Section 17 of this bill merges the Nevada Office of Cyber Defense Coordination and the Office of Information Security and renames the offices the Office of Information Security and Cyber Defense. Sections 20-22, 28 and 29 of this bill make conforming changes by applying various provisions of existing law relating to the Office of Information Security to the Office of Information Security and Cyber Defense.
Existing law requires the Chief Information Officer to appoint a Deputy Chief of the Office of Information Security who is in the classified service of this State. (NRS 242.101) Section 18 renames the position of Deputy Chief of the Office of Information Security the Deputy Director of the Office of Information Security and Cyber Defense and places the Deputy Director of the Office in the unclassified service of this State. Section 31 of this bill provides that the person who is in the position of Deputy Chief of the Office of Information Security on July 1, 2025, is in the classified service and must remain in the classified service until he or she vacates that position.
Existing law requires the Chief Information Officer to adopt regulations necessary for the administration of laws relating to information services for state agencies, elected state officers and, under certain circumstances, agencies not under the control of the Governor and local governmental agencies. (NRS 242.111) Section 19 of this bill requires the Chief Information Officer to adopt by regulation the policies and procedures necessary to coordinate the cybersecurity activities of state agencies and local governments.
κ2025 Statutes of Nevada, Page 3554 (CHAPTER 513, SB 467)κ
Existing law provides that certain plans and records of a state agency or local government relating to a threat or attack on the security of an information system is not a public record. (NRS 480.935, 480.940) Sections 1, 15 and 16 of this bill similarly provide that such plans and records are not public records and may be disclosed only by the Deputy Director only under certain circumstances.
Section 35 of this bill repeals the provisions of law creating and providing for the powers and duties of the Nevada Office of Cyber Defense Coordination within the Department of Public Safety. Sections 23-25 of this bill make conforming changes to revise references to provisions that are repealed by section 35.
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 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.
κ2025 Statutes of Nevada, Page 3555 (CHAPTER 513, SB 467)κ
388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, [480.935, 480.940,] 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and sections 15 and 16 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391,
κ2025 Statutes of Nevada, Page 3556 (CHAPTER 513, SB 467)κ
Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
4. If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium. Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
(b) Providing the public record in an electronic format or by means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 2. NRS 239C.120 is hereby amended to read as follows:
239C.120 1. The Nevada Commission on Homeland Security is hereby created.
κ2025 Statutes of Nevada, Page 3557 (CHAPTER 513, SB 467)κ
2. The Governor shall appoint to the Commission 16 voting members that the Governor determines to be appropriate and who serve at the Governors pleasure, which must include at least:
(a) The sheriff of each county whose population is 100,000 or more.
(b) The chief of the county fire department in each county whose population is 100,000 or more.
(c) A member of the medical community in a county whose population is 700,000 or more.
(d) An employee of the largest incorporated city in each county whose population is 700,000 or more.
(e) A representative recommended by the Inter-Tribal Council of Nevada, Inc., or its successor organization, to represent tribal governments in Nevada.
(f) The Director of the Department of Public Safety or his or her designee.
3. The Governor shall appoint the President and CEO, or his or her designee, of the Nevada Broadcasters Association, or its successor organization, to serve as an ex officio voting member of the Commission.
4. The Governor shall appoint:
(a) An officer of the United States Department of Homeland Security whom the Department of Homeland Security has designated for this State;
(b) The agent in charge of the office of the Federal Bureau of Investigation in this State;
(c) The Chief of the Division; and
(d) The [Administrator] Deputy Director of the [Nevada] Office of Information Security and Cyber Defense [Coordination] appointed pursuant to NRS [480.920,] 242.101,
Κ as nonvoting members of the Commission.
5. The Senate Majority Leader shall appoint one member of the Senate as a nonvoting member of the Commission.
6. The Speaker of the Assembly shall appoint one member of the Assembly as a nonvoting member of the Commission.
7. The term of office of each member of the Commission who is a Legislator is 2 years.
8. The Governor or his or her designee shall:
(a) Serve as Chair of the Commission; and
(b) Appoint a member of the Commission to serve as Vice Chair of the Commission.
Sec. 3. NRS 239C.160 is hereby amended to read as follows:
239C.160 The Commission shall, within the limits of available money:
1. Make recommendations to the Governor, the Legislature, agencies of this State, political subdivisions, tribal governments, businesses located within this State and private persons who reside in this State with respect to actions and measures that may be taken to protect residents of this State and visitors to this State from potential acts of terrorism and related emergencies.
2. Upon consideration of the most recent statewide strategic plan prepared by the [Nevada] Office of Information Security and Cyber Defense [Coordination] pursuant to [NRS 480.930,] section 13 of this act,
κ2025 Statutes of Nevada, Page 3558 (CHAPTER 513, SB 467)κ
make recommendations to the Governor, through the Division, on the use of money received by the State from any homeland security grant or related program, including, without limitation, the State Homeland Security Grant Program and Urban Area Security Initiative, in accordance with the following:
(a) The Division shall provide the Commission with program guidance and briefings;
(b) The Commission must be provided briefings on existing and proposed projects, and shall consider statewide readiness capabilities and priorities for the use of money, administered by the Division, from any homeland security grant or related program;
(c) The Commission shall serve as the public body which reviews and makes recommendations for the States applications to the Federal Government for homeland security grants or related programs, as administered by the Division; and
(d) The Commission shall serve as the public body which recommends, subject to approval by the Governor, the distribution of money from any homeland security grant or related program for use by state, local and tribal government agencies and private sector organizations.
3. Propose goals and programs that may be set and carried out, respectively, to counteract or prevent potential acts of terrorism and related emergencies before such acts of terrorism and related emergencies can harm or otherwise threaten residents of this State and visitors to this State.
4. With respect to buildings, facilities, geographic features and infrastructure that must be protected from acts of terrorism and related emergencies to ensure the safety of the residents of this State and visitors to this State, including, without limitation, airports other than international airports, the Capitol Complex, dams, gaming establishments, governmental buildings, highways, hotels, information technology infrastructure, lakes, places of worship, power lines, public buildings, public utilities, reservoirs, rivers and their tributaries, and water facilities:
(a) Identify and categorize such buildings, facilities, geographic features and infrastructure according to their susceptibility to and need for protection from acts of terrorism and related emergencies; and
(b) Study and assess the security of such buildings, facilities, geographic features and infrastructure from acts of terrorism and related emergencies.
5. Examine the use, deployment and coordination of response agencies within this State to ensure that those agencies are adequately prepared to protect residents of this State and visitors to this State from acts of terrorism and related emergencies.
6. Assess, examine and review the use of information systems and systems of communication used by response agencies within this State to determine the degree to which such systems are compatible and interoperable. After conducting the assessment, examination and review, the Commission shall:
(a) Establish a state plan setting forth criteria and standards for the compatibility and interoperability of those systems when used by response agencies within this State; and
κ2025 Statutes of Nevada, Page 3559 (CHAPTER 513, SB 467)κ
(b) Advise and make recommendations to the Governor relative to the compatibility and interoperability of those systems when used by response agencies within this State, with particular emphasis upon the compatibility and interoperability of public safety radio systems.
7. Assess, examine and review the operation and efficacy of telephone systems and related systems used to provide emergency 911 service.
8. To the extent practicable, cooperate and coordinate with the Division to avoid duplication of effort in developing policies and programs for preventing and responding to acts of terrorism and related emergencies.
9. Submit an annual briefing to the Governor assessing the preparedness of the State to counteract, prevent and respond to potential acts of terrorism and related emergencies, including, but not limited to, an assessment of response plans and vulnerability assessments of utilities, public entities and private business in this State. The briefing must be based on information and documents reasonably available to the Commission and must be compiled with the advice of the Division after all utilities, public entities and private businesses assessed have a reasonable opportunity to review and comment on the Commissions findings.
10. Perform any other acts related to their duties set forth in subsections 1 to 9, inclusive, that the Commission determines are necessary to protect or enhance:
(a) The safety and security of the State of Nevada;
(b) The safety of residents of the State of Nevada; and
(c) The safety of visitors to the State of Nevada.
Sec. 4. Chapter 242 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 16, inclusive, of this act.
Sec. 5. The Legislature hereby finds and declares that:
1. The protection and security of information systems, and the coordination of efforts to promote the protection and security of information systems, are essential to protecting the health, safety and welfare of the people of this State.
2. The continued development of technologies relating to information systems and the expanding and diverse applications of those technologies pose significant implications for the functioning of any infrastructure in this State that is critical to the health, safety and welfare of the people of this State, particularly in the areas of transportation, health care, energy, education, law enforcement and commercial enterprises.
3. Information systems and the application of information systems relating to the operation of the State Government and local governments make up a statewide cyberinfrastructure that is integral to the delivery of essential services to the people of this State and the essential functions of government that ensure the protection of the health, safety and welfare of the people of this State.
4. Protecting and securing the statewide cyberinfrastructure requires the identification of the areas in which information systems may be vulnerable to attack, unauthorized use or misuse or other dangerous, harmful or destructive acts.
κ2025 Statutes of Nevada, Page 3560 (CHAPTER 513, SB 467)κ
5. Protecting and securing the statewide cyberinfrastructure requires an ability to identify and eliminate threats to information systems in both the public and private sectors.
6. Protecting and securing the statewide cyberinfrastructure requires a strategic statewide plan for responding to incidents in which information systems are compromised, breached or damaged, including, without limitation, actions taken to:
(a) Minimize the harmful impacts of such incidents on the health, safety and welfare of the people of this State;
(b) Minimize the disruptive effects of such incidents on the delivery of essential services to the people of this State and on the essential functions of government that ensure the protection of the health, safety and welfare of the people of this State; and
(c) Ensure the uninterrupted and continuous delivery of essential services to the people of this State and the uninterrupted and continuous operations of the essential functions of government that ensure the protection of the health, safety and welfare of the people of this State.
7. Protecting and securing the statewide cyberinfrastructure depends on collaboration and cooperation, including the sharing of information and analysis regarding cybersecurity threats, among local, state and federal agencies and across a broad spectrum of the public and private sectors.
8. Institutions of higher education play a critical role in protecting and securing statewide cyberinfrastructure by developing programs that support a skilled workforce, promote innovation and contribute to a more secure statewide cyberinfrastructure.
9. It is therefore in the public interest that the Legislature enact provisions to enable the State to prepare for and mitigate risks to, and otherwise protect, information systems and statewide cyberinfrastructure.
Sec. 6. As used in sections 5 to 16, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 7, 8 and 9 of this act have the meanings ascribed to them in those sections.
Sec. 7. Deputy Director means the Deputy Director of the Office of Information Security and Cyber Defense appointed by the Chief pursuant to NRS 242.101.
Sec. 8. Security of an information system includes, without limitation, the security of:
1. The physical infrastructure of an information system; and
2. Information, including, without limitation, personal information, that is stored on, transmitted to, from or through or generated by an information system.
Sec. 9. State agency means every public agency, bureau, board, commission, department or division of the Executive Branch of the State Government.
Sec. 10. The Office of Information Security and Cyber Defense shall:
1. Develop procedures for risk-based assessments that identify vulnerabilities in the information systems that are operated or maintained by state agencies and any potential threats that may exploit such vulnerabilities;
κ2025 Statutes of Nevada, Page 3561 (CHAPTER 513, SB 467)κ
2. Based on the results of risk-based assessments, identify risks to the security of information systems that are operated or maintained by state agencies; and
3. Develop best practices for preparing for and mitigating risks to, and otherwise protecting, the security of information systems that are operated or maintained by state agencies.
Sec. 11. The Office of Information Security and Cyber Defense shall:
1. Establish partnerships with:
(a) Local governments;
(b) The Nevada System of Higher Education; and
(c) Private entities, to the extent practicable,
Κ to encourage the development of strategies to prepare for and mitigate risks to, and otherwise protect, the security of information systems that are operated or maintained by a public or private entity in this State.
2. Establish partnerships to assist and receive assistance from local governments and appropriate agencies of the Federal Government regarding the development of strategies to prepare for and mitigate risks to, and otherwise protect, the security of information systems.
3. Consult with the Division of Emergency Management of the Office of the Military regarding the development of strategies to prepare for and mitigate risks to, and otherwise protect, the security of information systems.
4. Coordinate with the Investigation Division of the Department of Public Safety regarding gathering intelligence on and initiating investigations of cyber threats and incidents.
Sec. 12. 1. The Office of Information Security and Cyber Defense shall establish policies and procedures for:
(a) A state agency to notify the Office of any specific threat to the security of an information system operated or maintained by the state agency;
(b) Any other public or private entity to voluntarily notify the Office of any specific threat to the security of an information system;
(c) The Office to notify state agencies, appropriate law enforcement and prosecuting authorities and any other appropriate public or private entity of any specific threat to the security of an information system of which the Office has been notified; and
(d) The Deputy Director to convene a cybersecurity incident response team appointed pursuant to subsection 2 upon notification of the Office of a specific threat to the security of an information system.
2. In consultation with appropriate state agencies, local governments and agencies of the Federal Government, the Deputy Director shall appoint a cybersecurity incident response team or teams. Such a team may include, without limitation, an investigator employed by the Investigation Division of the Department of Public Safety.
3. A cybersecurity incident response team appointed pursuant to subsection 2 shall convene at the call of the Deputy Director and, subject to the direction of the Deputy Director, shall assist the Office of Information Security and Cyber Defense and any appropriate state agencies, local governments or agencies of the Federal Government in responding to a threat to the security of an information system.
κ2025 Statutes of Nevada, Page 3562 (CHAPTER 513, SB 467)κ
4. A private entity may, in its discretion, use the services of a cybersecurity incident response team appointed pursuant to subsection 2.
Sec. 13. 1. The Office of Information Security and Cyber Defense shall prepare and make publicly available a statewide strategic plan that outlines policies, procedures, best practices and recommendations for preparing for and mitigating risks to, and otherwise protecting, the security of information systems in this State and for recovering from and otherwise responding to threats to or attacks on the security of information systems in this State. The statewide strategic plan prepared and made available pursuant to this subsection must not identify or include information which allows for the identification of specific vulnerabilities in the information systems in this State.
2. The statewide strategic plan must include, without limitation, policies, procedures, best practices and recommendations for:
(a) Identifying, preventing and responding to threats to and attacks on the security of information systems in this State;
(b) Ensuring the safety of, and the continued delivery of essential services to, the people of this State in the event of a threat to or attack on the security of an information system in this State;
(c) Protecting the confidentiality of personal information that is stored on, transmitted to, from or through or generated by an information system in this State;
(d) Investing in technologies, infrastructure and personnel for protecting the security of information systems; and
(e) Enhancing the voluntary sharing of information and any other collaboration among state agencies, local governments, agencies of the Federal Government and appropriate private entities regarding protecting the security of information systems.
3. The statewide strategic plan prepared pursuant to this section must be updated at least every 2 years.
4. A private entity may, in its discretion, make use of the information set forth in the statewide strategic plan.
5. Each agency of the State Government that has adopted a cybersecurity policy shall test the adherence of its employees to that policy on a periodic basis. Such an agency shall submit the results of the testing to the Office of Information Security and Cyber Defense annually for consideration in the update of the statewide strategic plan.
Sec. 14. 1. The Office of Information Security and Cyber Defense shall quarterly prepare and submit to the Governor a report assessing the preparedness of the State, as of the date of the report, to counteract, prevent and respond to potential cybersecurity threats. The report must be based on information and documents readily available to the Office.
2. Not later than July 1 of each year, the Office of Information Security and Cyber Defense shall prepare and submit to the Governor and the Nevada Commission on Homeland Security created by NRS 239C.120 a report that includes, without limitation:
κ2025 Statutes of Nevada, Page 3563 (CHAPTER 513, SB 467)κ
(a) A summary of the progress made by the Office during the immediately preceding year in executing, administering and enforcing the provisions of sections 5 to 16, inclusive, of this act and performing such duties and exercising such powers as are conferred upon it pursuant to sections 5 to 16, inclusive, of this act and any other specific statute;
(b) A general description of any threat during the immediately preceding year to the security of an information system that prompted the Deputy Director to convene a cybersecurity incident response team pursuant to section 12 of this act, and a summary of the response to the threat;
(c) A summary of the goals and objectives of the Office for the upcoming year;
(d) A summary of any issues presenting challenges to the Office; and
(e) Any other information that the Deputy Director determines is appropriate to include in the report.
Sec. 15. 1. Each political subdivision shall adopt and maintain a cybersecurity incident response plan. Each new or revised plan must be filed within 10 days after adoption or revision with the Office of Information Security and Cyber Defense.
2. The Chief shall, by regulation, prescribe the contents of a cybersecurity incident response plan, which must include, without limitation, a plan:
(a) To prepare for a cybersecurity threat;
(b) To detect and analyze a cybersecurity threat;
(c) To contain, eradicate and recover from a cybersecurity incident; and
(d) For postincident activity that includes a discussion regarding information learned and any analytics associated with the cybersecurity incident.
3. Each political subdivision shall review its cybersecurity incident response plan at least once each year and, as soon as practicable after the review is completed but not later than December 31 of each year, file with the Office of Information Security and Cyber Defense:
(a) Any revised cybersecurity incident response plan resulting from the review; or
(b) A written certification that the most recent cybersecurity incident response plan filed pursuant to subsection 1 is the current cybersecurity incident response plan for the political subdivision.
4. Except as otherwise provided in NRS 239.0115, a cybersecurity incident response plan filed pursuant to the requirements of this section, including any revisions adopted thereto, is confidential and must be securely maintained by the Office of Information Security and Cyber Defense. An officer, employee or other person to whom the plan is entrusted by the Office shall not disclose the contents of such a plan except:
(a) Upon the lawful order of a court of competent jurisdiction;
(b) As is reasonably necessary in the case of an act of terrorism or related emergency; or
κ2025 Statutes of Nevada, Page 3564 (CHAPTER 513, SB 467)κ
(c) Pursuant to the provisions of NRS 239.0115.
5. As used in this section, political subdivision means a city or county of this State.
Sec. 16. 1. Any record of a state agency, including, without limitation, a record of the Office of Information Security and Cyber Defense or local government or a record obtained from a private entity which identifies the detection or investigation of or a response to a suspected or confirmed threat to or attack on the security of an information system is not a public record and may be disclosed by the Deputy Director only to another state agency, local government, a cybersecurity incident response team convened pursuant to section 12 of this act and appropriate law enforcement or prosecuting authorities and only for the purposes of preparing for and mitigating risks to, and otherwise protecting, the security of an information system or as part of a criminal investigation.
2. The Office of Information Security and Cyber Defense shall not require any private entity to provide any information or data that, in the sole discretion of the private entity, would compromise any information system operated or maintained by the private entity if such information or data were made public.
Sec. 17. NRS 242.080 is hereby amended to read as follows:
242.080 1. The Office of the Chief Information Officer is hereby created within the Office of the Governor.
2. The Office consists of the Chief and:
(a) The Administration Unit. The Chief is the head of the Administration Unit.
(b) The Client Services Unit.
(c) The Computing Services Unit.
(d) The Network Services Unit.
(e) The Office of Information Security [.] and Cyber Defense.
(f) Other units, groups, divisions or departments deemed necessary by the Chief to the extent such functions are supported by the appropriations allocated to the functions of the Office.
3. A Network Transport Services Group and a Telecommunications Group are hereby created within the Network Services Unit of the Office.
Sec. 18. NRS 242.101 is hereby amended to read as follows:
242.101 1. The Chief Information Officer shall:
(a) Appoint a Deputy [Chief] Director of the Office of Information Security and Cyber Defense who is in the [classified] unclassified service of the State;
(b) Administer the provisions of this chapter and other provisions of law relating to the duties of the Office of the Chief Information Officer;
(c) Employ, within the limits of the approved budget of the Office, such other staff as is necessary for the performance of the duties of the Office; and
(d) Carry out other duties and exercise other powers specified by law.
2. The Chief may form committees to establish standards and determine criteria for evaluation of policies relating to informational services.
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Sec. 19. NRS 242.111 is hereby amended to read as follows:
242.111 The Chief shall adopt regulations necessary for the administration of this chapter, including:
1. The policy for the information systems of the Executive Branch of Government, excluding the Nevada System of Higher Education and the Nevada Criminal Justice Information System, as that policy relates, but is not limited, to such items as standards for systems and programming and criteria for selection, location and use of information systems to meet the requirements of state agencies and officers at the least cost to the State;
2. The procedures of the Office in providing information services, which may include provision for the performance, by an agency which uses the services or equipment of the Office, of preliminary procedures, such as data recording and verification, within the agency;
3. The effective administration of the Office, including, without limitation, security to prevent unauthorized access to information systems and plans for the recovery of systems and applications after they have been disrupted;
4. The development of standards to ensure the security of the information systems of the Executive Branch of Government; [and]
5. Specifications and standards for the employment of all personnel of the Office [.] ; and
6. The policies and procedures necessary to coordinate the cybersecurity activities of state agencies and local governments.
Sec. 20. NRS 242.181 is hereby amended to read as follows:
242.181 1. Any state agency or elected state officer which uses the equipment or services of the Office shall adhere to the regulations, standards, practices, policies and conventions of the Office.
2. Each state agency or elected state officer described in subsection 1 shall report any suspected incident of:
(a) Unauthorized access to an information system or application of an information system of the Office used by the state agency or elected state officer; and
(b) Noncompliance with the regulations, standards, practices, policies and conventions of the Office that is identified by the Office as security-related,
Κ to the Office of Information Security and Cyber Defense of the Office within 24 hours after discovery of the suspected incident. If the Office of Information Security and Cyber Defense determines that an incident of unauthorized access or noncompliance occurred, it shall immediately report the incident to the Chief. The Chief shall assist in the investigation and resolution of any such incident.
3. The Office shall provide services to each state agency and elected state officer described in subsection 1 uniformly with respect to degree of service, priority of service, availability of service and cost of service.
Sec. 21. NRS 242.183 is hereby amended to read as follows:
242.183 1. The [Chief] Deputy Director of the Office of Information Security and Cyber Defense shall investigate and resolve any breach of an
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information system of a state agency or elected officer that uses the equipment or services of the Office of the Chief Information Officer or an application of such an information system or unauthorized acquisition of computerized data that materially compromises the security, confidentiality or integrity of such an information system.
2. The Chief Information Officer or [Chief] Deputy Director of the Office of Information Security [,] and Cyber Defense, at his or her discretion, may inform members of the Technological Crime Advisory Board created by NRS 205A.040, the Nevada Commission on Homeland Security created by NRS 239C.120 and the Information Technology Advisory Board created by NRS 242.122 of any breach of an information system of a state agency or elected officer or application of such an information system or unauthorized acquisition of computerized data or information that materially compromises the security, confidentiality or integrity of such an information system.
Sec. 22. NRS 205.4765 is hereby amended to read as follows:
205.4765 1. Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization:
(a) Modifies;
(b) Damages;
(c) Destroys;
(d) Discloses;
(e) Uses;
(f) Transfers;
(g) Conceals;
(h) Takes;
(i) Retains possession of;
(j) Copies;
(k) Obtains or attempts to obtain access to, permits access to or causes to be accessed; or
(l) Enters,
Κ data, a program or any supporting documents which exist inside or outside a computer, system or network is guilty of a misdemeanor.
2. Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization:
(a) Modifies;
(b) Destroys;
(c) Uses;
(d) Takes;
(e) Damages;
(f) Transfers;
(g) Conceals;
(h) Copies;
(i) Retains possession of; or
(j) Obtains or attempts to obtain access to, permits access to or causes to be accessed,
Κ equipment or supplies that are used or intended to be used in a computer, system or network is guilty of a misdemeanor.
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3. Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization:
(a) Destroys;
(b) Damages;
(c) Takes;
(d) Alters;
(e) Transfers;
(f) Discloses;
(g) Conceals;
(h) Copies;
(i) Uses;
(j) Retains possession of; or
(k) Obtains or attempts to obtain access to, permits access to or causes to be accessed,
Κ a computer, system or network is guilty of a misdemeanor.
4. Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization:
(a) Obtains and discloses;
(b) Publishes;
(c) Transfers; or
(d) Uses,
Κ a device used to access a computer, network or data is guilty of a misdemeanor.
5. Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization introduces, causes to be introduced or attempts to introduce a computer contaminant into a computer, system or network is guilty of a misdemeanor.
6. If the violation of any provision of this section:
(a) Was committed to devise or execute a scheme to defraud or illegally obtain property;
(b) Caused response costs, loss, injury or other damage in excess of $500; or
(c) Caused an interruption or impairment of a public service, including, without limitation, a governmental operation, a system of public communication or transportation or a supply of water, gas or electricity,
Κ the person is guilty of a category C felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $100,000. In addition to any other penalty, the court shall order the person to pay restitution.
7. The provisions of this section do not apply to a person performing any testing, including, without limitation, penetration testing, of an information system of an agency that uses the equipment or services of the Office of the Chief Information Officer within the Office of the Governor that is authorized by the Chief of that Office or the [head] Deputy Director of the Office of Information Security and Cyber Defense of the Office of the Chief Information Officer. As used in this subsection:
(a) Information system has the meaning ascribed to it in NRS 242.057.
(b) Penetration testing has the meaning ascribed to it in NRS 242.171.
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Sec. 23. NRS 293.0635 is hereby amended to read as follows:
293.0635 Information system has the meaning ascribed to it in NRS [480.906.] 242.057.
Sec. 24. NRS 293.104 is hereby amended to read as follows:
293.104 Security of an information system has the meaning ascribed to it in [NRS 480.910.] section 8 of this act.
Sec. 25. NRS 293.870 is hereby amended to read as follows:
293.870 1. Any records of the Secretary of State or a county or city clerk that relate to the security of an information system used for elections are confidential and are not public records pursuant to chapter 239 of NRS. Such records include, without limitation:
(a) Risk assessments;
(b) Vulnerability assessments; and
(c) Any other information that identifies the preparation for or prevention of a threat or attack on an information system used for elections.
2. The Secretary of State or a county or city clerk shall not disclose any records that are confidential pursuant to this section, except that such records may be provided confidentially to:
(a) Any state agency or local government;
(b) A cybersecurity incident response team [appointed] convened pursuant to [NRS 480.928;] section 12 of this act; or
(c) Appropriate law enforcement officers or prosecuting attorneys,
Κ but only for the purpose of preparing for and mitigating risks to or otherwise protecting the security of elections or as part of a criminal investigation.
Sec. 26. NRS 480.130 is hereby amended to read as follows:
480.130 The Department consists of:
1. An Investigation Division;
2. A Nevada Highway Patrol Division;
3. A State Fire Marshal Division;
4. A Division of Parole and Probation;
5. A Capitol Police Division;
6. [A Nevada Office of Cyber Defense Coordination;
7.] A Training Division; and
[8.] 7. A Records, Communications and Compliance Division.
Sec. 27. NRS 480.140 is hereby amended to read as follows:
480.140 The primary functions and responsibilities of the divisions of the Department are as follows:
1. The Investigation Division shall:
(a) Execute, administer and enforce the provisions of chapter 453 of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous drugs;
(b) Investigate technological crime, as defined in NRS 205A.030, and enforce the provisions of the law of this State relating to technological crime, as defined in NRS 205A.030;
(c) Provide investigative services to the divisions of the Department as determined by the Director;
(d) Assist the Secretary of State in carrying out an investigation pursuant to NRS 293.124;
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(e) Upon request, assist:
(1) The Department of Taxation in carrying out a criminal investigation relating to cannabis pursuant to NRS 372A.200 to 372A.380, inclusive, and chapter 678A of NRS;
(2) The Division of Public and Behavioral Health of the Department of Health and Human Services in carrying out a criminal investigation relating to cannabis pursuant to chapter 678C of NRS; and
(3) The Cannabis Compliance Board in carrying out a criminal investigation pursuant to title 56 of NRS; and
(f) Perform such duties and exercise such powers as may be conferred upon it pursuant to this chapter and any other specific statute.
2. The Nevada Highway Patrol Division shall, in conjunction with the Department of Motor Vehicles, execute, administer and enforce the provisions of chapters 484A to 484E, inclusive, of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to NRS 480.360 and any other specific statute.
3. The State Fire Marshal Division shall execute, administer and enforce the provisions of chapter 477 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 477 of NRS and any other specific statute.
4. The Division of Parole and Probation shall execute, administer and enforce the provisions of chapters 176A and 213 of NRS relating to parole and probation and perform such duties and exercise such powers as may be conferred upon it pursuant to those chapters and any other specific statute.
5. The Capitol Police Division shall assist in the enforcement of subsection 1 of NRS 331.140.
6. [The Nevada Office of Cyber Defense Coordination shall:
(a) Serve as the strategic planning, facilitating and coordinating office for cybersecurity policy and planning in this State; and
(b) Execute, administer and enforce the provisions of NRS 480.900 to 480.950, inclusive, and perform such duties and exercise such powers as may be conferred upon it pursuant to NRS 480.900 to 480.950, inclusive, and any other specific statute.
7.] The Training Division shall provide training to the employees of the Department.
[8.] 7. The Records, Communications and Compliance Division shall:
(a) Execute, administer and enforce the provisions of chapter 179A of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 179A of NRS and any other specific statute;
(b) Provide dispatch services for the Department and other agencies as determined by the Director;
(c) Maintain records of the Department as determined by the Director; and
(d) Provide support services to the Director, the divisions of the Department and the Nevada Criminal Justice Information System as may be imposed by the Director.
Sec. 28. NRS 603A.210 is hereby amended to read as follows:
603A.210 1. A data collector that maintains records which contain personal information of a resident of this State shall implement and maintain reasonable security measures to protect those records from unauthorized access, acquisition, destruction, use, modification or disclosure.
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2. If a data collector is a governmental agency and maintains records which contain personal information of a resident of this State, the data collector shall, to the extent practicable, with respect to the collection, dissemination and maintenance of those records, comply with the current version of the CIS Controls as published by the Center for Internet Security, Inc. or its successor organization, or corresponding standards adopted by the National Institute of Standards and Technology of the United States Department of Commerce.
3. A contract for the disclosure of the personal information of a resident of this State which is maintained by a data collector must include a provision requiring the person to whom the information is disclosed to implement and maintain reasonable security measures to protect those records from unauthorized access, acquisition, destruction, use, modification or disclosure.
4. If a state or federal law requires a data collector to provide greater protection to records that contain personal information of a resident of this State which are maintained by the data collector and the data collector is in compliance with the provisions of that state or federal law, the data collector shall be deemed to be in compliance with the provisions of this section.
5. The Office of Information Security and Cyber Defense of the Office of the Chief Information Officer within the Office of the Governor shall create, maintain and make available to the public a list of controls and standards with which the State is required to comply pursuant to any federal law, regulation or framework that also satisfy the controls and standards set forth in subsection 2.
Sec. 29. NRS 603A.215 is hereby amended to read as follows:
603A.215 1. If a data collector doing business in this State accepts a payment card in connection with a sale of goods or services, the data collector shall comply with the current version of the Payment Card Industry (PCI) Data Security Standard, as adopted by the PCI Security Standards Council or its successor organization, with respect to those transactions, not later than the date for compliance set forth in the Payment Card Industry (PCI) Data Security Standard or by the PCI Security Standards Council or its successor organization.
2. A data collector doing business in this State to whom subsection 1 does not apply shall not:
(a) Transfer any personal information through an electronic, nonvoice transmission other than a facsimile to a person outside of the secure system of the data collector unless the data collector uses encryption to ensure the security of electronic transmission; or
(b) Move any data storage device containing personal information beyond the logical or physical controls of the data collector, its data storage contractor or, if the data storage device is used by or is a component of a multifunctional device, a person who assumes the obligation of the data collector to protect personal information, unless the data collector uses encryption to ensure the security of the information.
3. A data collector shall not be liable for damages for a breach of the security of the system data if:
(a) The data collector is in compliance with this section; and
(b) The breach is not caused by the gross negligence or intentional misconduct of the data collector, its officers, employees or agents.
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4. The requirements of this section do not apply to:
(a) A telecommunication provider acting solely in the role of conveying the communications of other persons, regardless of the mode of conveyance used, including, without limitation:
(1) Optical, wire line and wireless facilities;
(2) Analog transmission; and
(3) Digital subscriber line transmission, voice over Internet protocol and other digital transmission technology.
(b) Data transmission over a secure, private communication channel for:
(1) Approval or processing of negotiable instruments, electronic fund transfers or similar payment methods; or
(2) Issuance of reports regarding account closures due to fraud, substantial overdrafts, abuse of automatic teller machines or related information regarding a customer.
5. As used in this section:
(a) Data storage device means any device that stores information or data from any electronic or optical medium, including, but not limited to, computers, cellular telephones, magnetic tape, electronic computer drives and optical computer drives, and the medium itself.
(b) Encryption means the protection of data in electronic or optical form, in storage or in transit, using:
(1) An encryption technology that has been adopted by an established standards setting body, including, but not limited to, the Federal Information Processing Standards issued by the National Institute of Standards and Technology, which renders such data indecipherable in the absence of associated cryptographic keys necessary to enable decryption of such data;
(2) Appropriate management and safeguards of cryptographic keys to protect the integrity of the encryption using guidelines promulgated by an established standards setting body, including, but not limited to, the National Institute of Standards and Technology; and
(3) Any other technology or method identified by the Office of Information Security and Cyber Defense of the Office of the Chief Information Officer within the Office of the Governor in regulations adopted pursuant to NRS 603A.217.
(c) Facsimile means an electronic transmission between two dedicated fax machines using Group 3 or Group 4 digital formats that conform to the International [Telecommunications] Telecommunication Union T.4 or T.38 standards or computer modems that conform to the International [Telecommunications] Telecommunication Union T.31 or T.32 standards. The term does not include onward transmission to a third device after protocol conversion, including, but not limited to, any data storage device.
(d) Multifunctional device means a machine that incorporates the functionality of devices, which may include, without limitation, a printer, copier, scanner, facsimile machine or electronic mail terminal, to provide for the centralized management, distribution or production of documents.
(e) Payment card has the meaning ascribed to it in NRS 205.602.
(f) Telecommunication provider has the meaning ascribed to it in NRS 704.027.
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Sec. 30. The Office of Information Security and Cyber Defense shall prepare and make available to the public the statewide strategic plan required by section 13 of this act not later than January 1, 2026.
Sec. 31. Notwithstanding any provision of law to the contrary, a person who has been appointed to or is otherwise incumbent in the position of Deputy Chief of the Office of Information Security as of July 1, 2025, is in the classified service of the State and must remain in the classified service of the State until he or she vacates the position.
Sec. 32. The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
Sec. 33. 1. Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.
2. Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.
3. Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.
Sec. 34. 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. 35. NRS 480.900, 480.902, 480.904, 480.906, 480.908, 480.910, 480.912, 480.920, 480.924, 480.926, 480.928, 480.930, 480.932, 480.935, 480.940 and 480.950 are hereby repealed.
Sec. 36. This act becomes effective on July 1, 2025.
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