Legislative Commission

LEGISLATIVE COMMISSION

OCTOBER 25, 2018

MEETING PACKET

III. MINUTES OF THE JUNE 26, 2018, AND AUGUST 30, 2018, MEETINGS

MINUTES OF THE LEGISLATIVE COMMISSION NEVADA LEGISLATIVE COUNSEL BUREAU Nevada Revised Statutes (NRS) 218E.150

The Legislative Commission held its third meeting in Calendar Year 2018 on Tuesday, June 26, 2018. The meeting began at 9 a.m. in Room 4401 of the Grant Sawyer State Office Building, 555 East Washington Avenue, Las Vegas, Nevada, and was videoconferenced to Room 4100 of the Legislative Building, 401 South Carson Street, Carson City, Nevada.

COMMISSION MEMBERS PRESENT:

Assemblyman Jason Frierson, Chair Assemblywoman Teresa Benitez-Thompson, Vice Chair Senator Kelvin D. Atkinson Senator Moises (Mo) Denis Senator Patricia Farley Senator Scott T. Hammond Senator Ben Kieckhefer Senator David R. Parks for Senator Aaron D. Ford Assemblywoman Maggie Carlton Assemblyman Chris Edwards for Assemblyman James Oscarson Assemblyman Al Kramer for Keith Pickard Assemblyman Jim Wheeler

LEGISLATIVE COUNSEL BUREAU STAFF PRESENT:

Rick Combs, Director Rocky Cooper, Legislative Auditor, Audit Division Cindy Jones, Assembly Fiscal Analyst, Fiscal Analysis Division Risa B. Lang, Chief Deputy Legislative Counsel, Legal Division Kevin C. Powers, Chief Litigation Counsel, Legal Division Michael J. Stewart, Research Director, Research Division Marsheilah D. Lyons, Chief Principal Policy Analyst, Research Division Deborah (Debbie) Gleason, Research Policy Assistant, Research Division Sylvia A. Wiese, Executive Assistant, Director's Office

Items taken out of sequence during the meeting have been placed in agenda order.

AGENDA ITEM I—ROLL CALL

Chair Frierson called the meeting to order.

AGENDA ITEM II—PUBLIC COMMENT

Chair Frierson called for public comment and reviewed meeting protocol. He announced there would be an additional opportunity later in the meeting for public comment regarding the ballot questions.

Mona Lisa Samuelson, advocate for medical marijuana, submitted suggestions for legislative protections for medical marijuana patients (Agenda Item II A).

Bryan C. Mortensen, Nevada resident, expressed concern that basic fundamental principles and ideals that have been taught for many years have been removed in R056-17 (Agenda Item V A-1) and replaced with divisive activities and troubling ideology. He also expressed concern with the cost of revising the social studies curriculum and requested the Legislative Commission return the regulation to Nevada’s Department of Education (NDE) for further public discussion.

Wendy Mulcock, Nevada resident, submitted written testimony (Agenda Item II B) expressing her concerns of R056-17 (Agenda Item V A-1). She suggested the new regulations lower the expectations of students and should be reviewed again before passage.

Hugh Goodwin, tax attorney, Palo Alto, California, counsel for Edible Arrangements, LLC, explained the intent of R038-17 as it relates to his client. He urged the Commission to pass the regulation.

AGENDA ITEM III—APPROVAL OF MINUTES OF THE MAY 16, 2018, MEETING

MOTION: Senator Atkinson moved to approve the minutes of the May 16, 2018, meeting. The motion was seconded by Assemblywoman Carlton and passed unanimously.

AGENDA ITEM IV—PROGRESS REPORT—LITIGATION CURRENTLY IN PROGRESS

Kevin C. Powers, previously identified, reported on the progress of five cases currently in litigation. He mentioned there has been no change to the first two cases since the Legislative Commission’s last meeting.

1. Board of Trustees of the Glazing Health & Welfare Trust v. Chambers, United States District Court, District of Nevada, and U.S. Court of Appeals for the Ninth Circuit:

On March 12, 2018, the Ninth Circuit heard oral arguments, and the parties are awaiting a decision.

2. The homeowners’ associations’ nonjudicial foreclosure super-priority lien statutes, United States District Court, District of Nevada, and Nevada Supreme Court:

On March 21, 2018, the Nevada Supreme Court entered an order submitting the case for a decision on the parties’ briefs without oral argument, and the parties are awaiting a decision.

3. Commission on Ethics v. Hansen

The case has resulted in a final, published decision: Commission on Ethics v. Hansen, 134 Nev. Adv. Op. 40, 419 P.3d 140 (2018). On June 29, 2017, a three-justice panel of the Nevada Supreme Court dismissed the appeal by the Commission on Ethics based on the fact that the Commission did not authorize its counsel to file the appeal in a meeting that complied with the Open Meeting Law (OML). The full seven-member court accepted a petition for en banc reconsideration, and on May 31, 2018, the full seven-member court issued a published decision in the matter. The court held that the Commission’s notice of appeal was filed without the Commission’s prior authorization in a public meeting that complied with the OML; therefore, the notice of appeal was defective and the Supreme Court lacked jurisdiction and it dismissed the appeal. Therefore, this case is now closed.

4. Degraw v. Eighth Judicial District Court, Nevada Supreme Court:

This case involves the legislative continuance statute, and there is a recent published decision from the Nevada Supreme Court: Degraw v. Eighth Jud. Dist. Ct., 134 Nev. Adv. Op. 43, 419 P.3d 136 (2018). This was an underlying family law case where one of the attorneys was a member of the Nevada Legislature, and the attorney requested a continuance for the duration of the 2017 Legislative Session. The district court granted the continuance in part but held that the legislative continuance statute that authorizes the continuance on behalf of the legislator was unconstitutional in violation of separation of powers. The party that was seeking continuance sought a petition in the Nevada Supreme Court to review that constitutional decision. While that petition was pending in the Nevada Supreme Court, the underlying family law case was resolved. The Nevada Supreme Court determined the case had then become moot because there was no longer a live controversy, so it did not get to the merits of whether the legislative 3

continuance statute was constitutional. However, the Nevada Supreme Court suggested that as currently written, the legislative continuance statute raises serious constitutional doubts. Therefore, because the constitutionality of this legislative continuance statute involves important institutional interests of the Legislature, the Legislative Counsel determined, under her power to ask for the clarification of statutes, to submit a bill draft request (BDR) to address the constitutional issues raised by the legislative continuance statute as currently written, which will be presented to the Legislature during the 2019 Session.

5. Pharmaceutical Research and Manufacturers of America (PhRMA) v. Sandoval, United States District Court, District of Nevada:

This case is a challenge to Senate Bill 539 (2017), which created transparency requirements for certain diabetes drugs and required manufacturers of those drugs to submit certain reports to the Department of Health and Human Services (DHHS). At the last Legislative Commission meeting on May 16, 2018, the Commission provided for early review and approval of LCB File No. R042-18, which was the regulation proposed by DHHS to administer the challenged provisions of SB 539. Following the Legislative Commission’s meeting on May 16, 2018, DHHS adopted the regulations in identical form as submitted to the Legislative Commission for its early review and approval. As a result, the regulations became effective on May 31, 2018, and now have the force of law.

After the regulations became effective, the parties entered into negotiations intending to potentially resolve the litigation. First, the parties agreed to file a joint status report with the federal district court regarding the implications of the now effective regulations on the constitutional questions. Second, DHHS represented on its website that it would not bring any enforcement actions against manufacturers between July 1, 2018, when the bill’s challenged provisions become effective, and January 15, 2019, so long as the manufacturers submit compliance reports by the later date of January 15, 2019. As a result of the regulations being adopted and DHHS delaying enforcement until January 15, 2019, the plaintiffs withdrew their renewed motion for preliminary injunction. Finally, once the parties have finalized the language in the joint status report, the plaintiffs have agreed to separately file an unopposed motion for voluntary dismissal of the lawsuit under Fed.R. Civ. P. 41(a)(2). Therefore, it is possible that this litigation may be resolved by agreement of the parties in the near future.

AGENDA ITEM V—LEGISLATIVE COMMISSION POLICY

A. Review of Administrative Regulations Submitted Pursuant to NRS 233B.067.

The list of regulations (Agenda Item V A) can be accessed electronically at: https://www.leg.state.nv.us/Register/IndexesRegsReviewed/LCMtg_List_2018_Jun e26.pdf. 4

The following regulations were identified by members to be held for discussion: R113-16, R159-16, R049-17, R053-17, R056-17, R008-18, R009-18, and R010-18.

MOTION: Assemblywoman Carlton moved approval of R095-16, R038-17, R047-17, R048-17, R050-17, R051-17, R052-17, R077-17, R079-17, R080-17, R081-17, R082-17, R087-17, R096-17, R098-17, R101-17, R102-17, R103-17, R104-17, R105-17, R106-17, R107-17, R119-17, R121-17, R122-17, R123-17, R124-17, R128-17, R131-17, R150-17, R151-17, R153-17, R157-17, R158-17, R011-18, R013-18, R022-18, R023-18, R024-18, R028-18, R033-18, R040-18, R041-18, R047-18, R054-18, and R064-18. The motion was seconded by Senator Denis and passed unanimously.

Regulation 056-17 A REGULATION relating to education; revising the performance standards for a course of study in social studies for pupils enrolled in kindergarten and grades 1 to 12, inclusive; and providing other matters properly relating thereto. (Agenda Item V A-1).

Assemblyman Edwards suggested there is no logical progression of education that expands with each grade in the regulations. He noted that sensible skills, such as using globes and maps, are being removed from geography, and he questioned how intensive reasoning and analysis can be applied in kindergarten when the students are still learning their numbers and alphabet.

Brett Barley, Deputy Superintendent for Student Achievement, NDE, explained that NDE and the drafting committee created “teacher friendly standards,” which were adopted by the State Board of Education in September 2016. He said the standards are separated by grade level, the progression can be seen more easily, and they are color-coded by five content areas: civics, economics, geography, history, and multicultural education. The standards for Grades 6 through 8 and 9 through 12 are banded together to provide districts with the flexibility to align content themes and standards to courses of study and curriculum. The standards for Grades K through 5 are grade-specific. All grade levels and content areas include disciplinary skills and the use of inquiry through primary and secondary text, as well as other media sources. Mr. Barley noted the goal of the drafting committee was to focus more on the development of deeper thinking skills and less on the recall of information and rote memorization of content knowledge.

Jayne Malorni, Education Programs Professional, NDE, stated she was a member of the standards drafting committee, but she was also a curriculum coordinator with the Clark County School District at that time. She said the drafting committee focused on moving students from recall to a deeper analysis and breadth of knowledge, with the intent of helping them become responsible members of their communities. Ms. Malorni explained the students will receive a comprehensive 5

social studies education throughout the K-12 content themes. The standards are not taught in isolation, but rather they are taught together to provide a full overview of what students should bring forward as they move into adulthood.

Assemblyman Edwards expressed concern that these regulations do more harm than good by taking away basic tools, such as learning how to use a globe in geography class. He is of the opinion students must have a base level of knowledge that is rote memory before they can move into critical thinking and analysis. He reiterated his concern that R056-17 does not provide a base level of knowledge.

Ms. Malorni said the standards now use the phrase “multiple types of representations,” which include a map, a globe, and other methods to teach different geographic models. She stated the drafting committee tried to incorporate all possible methods and tools, including technology, that teachers and school districts could utilize to teach these standards. Referring to Assemblyman Edwards’ concern for basic knowledge, she said the teacher’s documents for the standards include a preamble for each grade and grade band as well as content topics to be discussed, which are referenced by each standard. Ms. Malorni mentioned the students will receive basic knowledge foundation in Grades K-5, with a focus on early American history; in middle school and high school, the focus is on referencing our founding documents.

Assemblyman Edwards opined that a solid civics education is needed throughout the entire state, but R056-17, as written, opens the door to misunderstanding and confusion.

Chair Frierson understood the standards were broadened to provide teachers flexibility and creativity to incorporate them and other methods, as technology develops, into their curriculum. He expressed concern about removing the political process, historical comprehension, and the Pledge of Allegiance from the curriculum.

Ms. Malorni stated the drafting committee wanted to provide teachers the flexibility to teach the standards in a nonbiased, nonpartisan way so that students can utilize research and knowledge-based methods to compile their thoughts and develop opinions. She explained the political process is addressed throughout the standards under the civics content themes, and even though historical comprehension is not specifically stated in the standards, it will be taught in the curriculum. Ms. Malorni said the intent was that as districts developed their curriculums, the teachers would use different examples for analysis and review for students to build progression.

Chair Frierson questioned whether the current regulations deprive teachers of creativity and whether R056-17 fixes any possible problems. 6

Ms. Malorni suggested R056-17 fixes the standards by: (1) adding multicultural standards to demonstrate the positive effects diverse cultures bring to the country; (2) adding inquiry standards, giving students the ability to become intense thinkers who can challenge others to do what is best for their communities; (3) allowing for the creation of civil discourse in classrooms; and (4) using a national framework to build the standards.

Senator Hammond questioned whether the current standards prevent inquiry-based education. He expressed concern that R056-17 allows scaffolding in questioning techniques in Grades K-12; the regulation offers no base of knowledge for younger students to compare or contrast ideas or think at a higher level. Senator Hammond also expressed concern with the number of concrete terms removed from the regulation and that flexibility will be eliminated when the standards are tested. He agreed with the inclusion of multicultural standards, but he wondered why the standards are being changed to include something that teachers should already be doing—challenging their students to help them formulate their own thoughts and opinions.

Senator Denis asked whether the process of updating the social studies standards is part of the natural process of updating all standards.

David Brancamp, Director, Office of Standards and Instructional Support, NDE, explained the normal review cycle for core subject standards is every ten years. He noted this is the third reiteration of the social studies standards. Mr. Barncamp also explained how the members of the review committee were selected.

Ms. Marlorni discussed the drafting committee’s review process and acknowledged that a major discussion point was allowing flexibility for the teachers. She said the committee unanimously agreed on the final proposed regulations.

Chair Frierson questioned what would happen if the Legislative Commission requested NDE to continue working on R056-17.

Mr. Brancamp replied the standards went before the State Board of Education in September and were passed as “teacher friendly.” Districts have already begun work on developing curriculum, and NDE has instructional materials posted to its website. If the Legislative Commission does not approve the regulations today, NDE would inform the districts to hold off on their revisions to curriculum and professional development.

Mr. Barley added the current social studies standards do not include multiculturalism, which was the purpose of Assembly Bill 234 in 2015. If R056-17 is delayed, he said the standards would not be included in the curriculum for School Year 2018–2019.

Chair Frierson questioned whether the current regulations would preclude schools from teaching the new standards added in R056-17 and from teachers continuing to prepare for the upcoming school year.

Mr. Barley stressed the districts desire clarity; they want to know in advance what will be required of them so they can plan and provide professional development. At a minimum, NDE would want to give them clear directions about expectations and professional development for the upcoming school year as a result of this meeting.

Senator Hammond mentioned that five or six years ago, professional development was provided on asking questions using an inquiry-based system. He suggested nothing in the current social studies standards prevents teachers from using that type of questioning. Senator Hammond is of the opinion teachers should already be discussing current events, such as social justices, with middle and high school students and helping them think at a higher level; but he expressed concern about asking kindergarteners to think “outside the box” or critically summarize analyses.

Assemblyman Kramer stated the Nevada Administrative Code (NAC) should make NRS understandable regarding the implementation of law. He expressed concern with a lack of examples in the regulation and a lack of clarity with some of the definitions. He opined that social studies should help students develop pride in our country based on an awareness of both positive and negative aspects of history. Assemblyman Kramer is concerned that removing some of the positive aspects of history from the regulation may result in students feeling ashamed of their country.

Senator Kieckhefer objected to the continuum of civics regulations in Grades K-12. He is of the opinion that civic disposition and democratic principles should include not only the ideas articulated in the regulation that “shall” be taught, but they should also include loyalty and pride. Senator Kieckhefer suggested the regulations will not foster nonpartisan discussion and do not accurately reflect civic life in the United States. He wondered how the drafting committee decided on which standards to include as well as those removed.

Ms. Malorni discussed the drafting committee’s conversations regarding the civics K-12 continuum. Since many subjects are taught, particularly in Grades K-5, the drafting committee wanted the standards to be both supplementary and complimentary. She said service was a passionate topic of the committee, and the inquiry standards promote the idea that students can take action in their schools or communities.

Senator Kieckhefer stated his opinion that service is not always necessary to make a change, but rather it is part of the gears that make our society move. He suggested the list in the regulation identified as the items that “shall be taught” ignores much of what brings us together and plays to the extreme individualism that is creating some of the problems in our country. 8

Assemblyman Edwards shared that 50 percent of his college students did not know when the Declaration of Independence was signed; 90 percent did not know when the Emancipation Proclamation was signed; and 80 percent of them could not score 80 percent on the citizenship exam. He concluded that what is being taught in the schools now is not sufficient to prepare Nevada’s students to participate and serve as members of society in the political realm. He expressed concern that we are setting up our children for failure, and the standards are constantly changing, but not for the better. Assemblyman Edwards questioned how the regulation will ensure that our students will understand the subject matter when so many concrete examples have been eliminated and replaced with ambiguous ideas.

Ms. Malorni suggested his concerns will be addressed in the instructional materials that will be provided to the teachers.

Assemblyman Edwards disagreed with her comment.

Chair Frierson said this lengthy regulation reflects a tremendous amount of work. He said he would entertain a motion to defer the regulation in order to make further adjustments to address the concerns expressed by members.

MOTION: Senator Atkinson moved to defer R056-17. Assemblyman Edwards seconded the motion.

Senator Hammond questioned whether the regulation was being deferred until the next Commission meeting.

Chair Frierson stated he did not know whether there would be time to address the regulation at the next meeting scheduled for August 30, 2018. He verified that “defer” means to put off indefinitely.

Senator Denis acknowledged there are challenges with the regulation, but he expressed concern that the motion to defer means the regulation will not be passed today and the Commission is not giving any direction as to the changes that need to be made for passage. Senator Denis suggested the regulation should be moved forward and it can always be changed later. He disagreed with delaying the regulation for another year because it contains ideas that need to be implemented now before school starts in a few weeks. Senator Denis said he does not support the motion to defer.

Senator Farley asked whether the positive aspects of the regulation can be implemented if R056-17 is not passed today. She questioned not teaching the fundamentals that provide our values as a country.

Mr. Barley clarified that deferring the regulation today would not prohibit a school district from including the multicultural standards in its curriculum, but there also would be nothing that would require the school district to do so.

Mr. Brancamp said if R056-17 is deferred today and someone challenged a district about what should be taught, the district would have to defer to the current NAC.

Assemblywoman Carlton asked for clarity regarding the removal of the Pledge of Allegiance. She asked for verification that students will not only learn the Pledge but that they will understand what the flag and citizenship truly means.

Mr. Brancamp said the Pledge can be brought back to the standards if the Commission so requests.

Chair Frierson said the Commission has the option of calling the Subcommittee to Review Regulations (NRS 233B.067) to meet on the regulation rather than having to wait until the next Commission meeting. He pointed out that state law, independent of the regulation, requires the Pledge of Allegiance. Chair Frierson suggested that putting it back in would not conflict with anything. He suggested deferring the regulation with direction to NDE to include the Pledge of Allegiance and review page 109 through the end of the regulation.

Senator Denis said he would support the motion, but he expressed concern that this regulation will not be implemented this year.

The previous motion by Senator Atkinson and seconded by Assemblyman Edwards passed unanimously.

Regulation 049-17 A REGULATION relating to education; revising the authorized activates of the holder of a conditional license; providing for the conversion of a conditional license to a license that is not conditional under certain circumstances; providing that a conditional license becomes invalid under certain circumstances; authorizing the holder of an invalid conditional license to apply for the reinstatement of the license under certain circumstances; and providing other matters properly relating thereto (Agenda Item V A-2).

Senator Hammond expressed concern that more is being asked of those people who use the alternative route to licensure (ARL) program than those who obtain a teaching license through the normal process.

Jason Dietrich, Director, Office of Educator Licensure, NDE, and Secretary, Commission on Professional Standards in Education (CPSE), NDE, explained that current law requires CPSE to adopt regulations that allow for the completion of an alternative license within two years or less. He said CPSE decided two years would 10

be a standard to uphold, keeping in line with statute. The license for the ARL program is issued for a three-year period as a conditional license for an educator to teach and continue to take coursework throughout the three-year period. The CPSE felt it was important that these individuals obtain an evaluation rating of standard or above to be deemed effective to maintain their license in the ARL program. He clarified the ARL program differs greatly depending on the strand of licensure received. Mr. Dietrich stated there are traditional ARL programs whose oversight is provided by higher education institutions—degree-granting bodies that provide traditional coursework. He mentioned nontraditional ARL providers, or private entities, offer a professional development-type training that do not grant degrees. Nevada allows both pathways for educators in the ARL system. To ensure that both pathways receive appropriate preparation, CPSE uses the Nevada Educator Performance Framework as its method of measurement.

Senator Hammond said he understands that some people in the ARL program are hired and teaching in the classroom, but when they receive the provisional license, their two years of experience in the classroom do not count.

Mr. Dietrich questioned whether those individuals, to which Senator Hammond referred, are teaching in the classroom under a substitute license.

Senator Hammond replied they are either teaching under a substitute license or they are enrolled in a program designed to offer a substitute license.

Mr. Dietrich explained that Nevada law currently precludes an individual from obtaining teaching experience under a substitute license; therefore, those prior two years in the classroom are excluded intentionally. To be treated as a teacher of record and have that time count towards evaluation, licensure period, or time as a contracted educator in the retirement system, the time starts when a person is placed under contract as an educator. He reiterated the substitute period is intentionally excluded.

MOTION: Senator Farley moved to approve R049-17. The motion was seconded by Assemblywoman Carlton and passed unanimously.

Regulation R053-17 A REGULATION relating to education; providing that an applicant for issuance or renewal of a special license with an endorsement as a substitute teacher is exempt from certain requirements; authorizing a person who holds a license to teach pupils in a program of early childhood education to serve as a substitute teacher; and providing other matters properly relating thereto (Agenda Item V A-3).

Regulation R009-18 A REGULATION relating to education; converting an endorsement as an emergency substitute teacher to a special license as an emergency substitute teacher; establishing the period of validity of such a special license; authorizing a person to reapply for such a special license not more than two times, except as otherwise authorized by the Superintendent of Public Instruction; authorizing certain charter schools to hire an emergency substitute teacher in certain circumstances; and providing other matters properly relating thereto (Agenda item V A-4).

Senator Denis asked for verification that R053-17 pertains to substitutes and the pre-K endorsement.

Mr. Dietrich said AB 77 from the 2017 Session clearly identifies that an early childhood license was only an endorsement on an elementary license. Regulations that limited a license at kindergarten through Grade 12 have been updated, so the language in the regulation is modified to allow for early childhood through Grade 12 as a substitute.

Senator Denis questioned why R009-18 is needed at this time.

Mr. Dietrich explained that R009-18 provides significant changes regarding the endorsement as an emergency substitute. To receive such an endorsement, he said a district’s enrollment must be less than 9,000 students; this means the rural and smaller districts can employ emergency substitutes. Mr. Dietrich noted a substantive change was to allow charter schools located within those boundaries the same availability to hire emergency substitutes, which they were not previously afforded. Additionally, emergency substitutes had no preclusion from obtaining an emergency substitute license in perpetuity; these individuals merely required a high school education or equivalency and no formal college education, whereas a standard substitute license requires at least 60 college credits. He mentioned some individuals have held emergency substitute licenses for over 20 years in rural districts. The intent is that if a person wants to substitute teach in a rural or smaller district with an emergency endorsement, they would take college courses to obtain a standard substitute license and eventually obtain an actual educator’s license. The CPSE reduced the availability to the emergency substitute license to two periods, but if the superintendent of a rural or small district needs to request an exception to that rule, Steve Canavaro, Ph.D., Superintendent of Public Instruction, NDE, can grant an exception and allow the emergency substitute license to be renewed.

Senator Denis asked for confirmation that: (1) an individual has the ability to meet the requirements to obtain a standard substitute license within the two periods; and (2) someone who has been in a district for 20 years still has the ability to request an exemption. 12

Mr. Dietrich confirmed both instances are correct.

MOTION: Senator Denis moved to approve R053-17 and R009-18. The motion was seconded by Assemblywoman Carlton and passed unanimously.

Regulation R113-16 A REGULATION relating to economic development; establishing requirements for certain allocations, grants or loans of money or other incentives for economic development provided by the Office of Economic Development; adopting provisions governing certain nonprofit entities formed by the Executive Director of the Office to promote economic development in this State; establishing certain application requirements for authorized providers applying to the Office for approval of programs of workforce recruitment, assessment and training; requiring certain authorized providers of programs of workforce recruitment, assessment and training to submit periodic reports to the Executive Director; and providing other matters properly relating thereto (Agenda Item V A-5)

Regulation R159-16 A REGULATION relating to economic development; establishing provisions governing the confidentiality of certain records and documents in the possession of the Office of Economic Development; establishing criteria for the designation of regional development authorities; adopting requirements for certain plans submitted by a regional development authority to the Executive Director of the Office; establishing requirements for certain allocations, grants or loans of money or other incentives for economic development provided by the Office; establishing certain requirements relating to the approval of applications for certain transferable tax credits; establishing certain requirements relating to the application for and disbursement of grants or loans of money from the Catalyst Account in the State General Fund to promote economic development in this State; repealing certain regulations relating to economic development; and providing other matters properly relating thereto (Agenda Item V A-6).

Vice Chair Benitez-Thompson requested that R113-16 and R159-16 be heard simultaneously since R113-16 addresses the creation of the nonprofit corporations and R159-16 clearly pertains to the Catalyst Account in the State General Fund. She asked which funds would be used to support the establishment of nonprofit corporations.

Derek Armstrong, Deputy Director, Las Vegas Office, Office of Economic Development, Office of the Governor (GOED), stated the funding for nonprofit corporations comes directly out of GOED’s budget.

She asked whether the funding is a combination of federal dollars and GOED’s Knowledge Fund.

Mr. Armstrong said Knowledge Fund dollars can be used if it is tied to a university.

Referring to subsection 2 of Section 5 of R113-16, which states, “The Executive Director shall evaluate the information in the report submitted by the nonprofit corporation pursuant to subsection 1 and may create an assessment of the overall performance of the nonprofit corporation,” Vice Chair Benitez-Thompson wondered if the assessment will judge the overall performance of the nonprofit corporations based on the performance measures GOED provided to the Interim Finance Committee in response to questions asked by that Committee.

Mr. Armstrong said the criteria listed evaluates whether a nonprofit corporation is following the intent of the law as well as what GOED is asking for regarding the number of jobs created. He noted GOED posts the performances of nonprofit corporations on its website.

Vice Chair Benitez-Thompson questioned changing the definition of “economic development” in Section 17 of R113-16.

Mr. Armstrong replied the definition was changed to be more in line and accurate with GOED’s mission and operation. He verified the change in the definition does not enlarge or limit GOED’s scope or the types of businesses it affects.

Referring to Section 4 of R159-16, Vice Chair Benitez-Thompson questioned why Item J (details relating to transferring tax credits to a third party) and Item K (salaries and other personnel information) would be kept confidential.

Mr. Armstrong said Section 4 is not a complete list of confidential items but rather a list of examples. He explained that when companies provide GOED with a list of salaries, GOED aggregates that data to come up with an average wage and does not incentivize companies unless they meet an average wage of $21.95, which is the current state median wage. He said GOED will not disclose information relating to a person’s salary that a company deems as proprietary, confidential, or sensitive.

Vice Chair Benitez-Thompson asked for confirmation that R159-16 would not prohibit average salary information for an employer from being disclosed and that only information regarding the salaries of specific employees would be confidential.

Mr. Armstrong confirmed that average salary information would still be included in reports and that the regulation only addresses proprietary or sensitive salary information.

Vice Chair Benitez-Thompson asked why details relating to transferrable tax credits to a third party would be kept confidential.

Mr. Armstrong explained it is a private transaction between two companies.

Vice Chair Benitez-Thompson questioned if the intent of the regulation is to keep the actual date, time, and information related to the transaction confidential and whether the Legislature would still be able to determine when tax credits had been used.

Mr. Armstrong said he would have to get back with a specific answer.

Vice Chair Benitez-Thompson questioned repealing the definition of “nonprofit private entity.”

Mr. Armstrong said Section 8 of R113-16 contains clarifying language to define nonprofit corporations in NRS and align them with the state plan.

Vice Chair Benitez-Thompson asked the legal staff to provide clarification on the transferable tax credits.

Kevin Powers, previously identified, stated his interpretation is that the regulation protects the details of a transaction between two private parties. Ultimately, the parties who purchase the transferrable tax credits will have to submit those to the Department of Taxation in order to use them. Therefore, we will know who purchased the transferrable tax credits and used them; we just will not know the details of the transaction and the price paid. He suggested the intent of that is to ensure there is a market for these transferrable tax credits in which the private parties can negotiate on terms and prices. If that was public information, then it would create a competitive disadvantage in that market. Mr. Powers is of the opinion that this is only about the details of the private transaction, but eventually, who purchases the tax credits will be known when the information is submitted to the Department of Taxation.

Vice Chair Benitez-Thompson stated she is satisfied with Mr. Powers’s explanation.

MOTION: Assemblywoman Benitez-Thompson moved to approve R113-16 and R159-16. The motion was seconded by Senator Denis and passed unanimously.

Regulation R008-18 A REGULATION relating to education; removing references to a business and industry endorsement of a license for which such an endorsement is not available; removing a requirement that a licensee who wishes to renew an endorsement to teach reading has completed certain graduate courses; and providing other mattes properly relating thereto (Agenda Item V A-7).

Regulation R010-18

A REGULATION relating to education; revising the requirements to obtain or renew a business and industry endorsement; and providing other matters properly relating thereto (Agenda Item V A-8).

Senator Hammond asked how R008-18 relates to R010-18 and whether they are getting rid of the business and industry endorsement.

Mr. Dietrich said the substantive change made in the regulation primarily addressed the renewal requirements for the business and industry endorsement. Previously, six semester hours at the graduate level were required to renew this endorsement. The regulation states that individuals with a standard or even a general professional license are still required to complete the six credits, just not at the graduate level since courses at this level cost more and some institutions may not allow these individuals to take the courses because they are not seeking a degree.

Mr. Dietrich indicated that the regulation also makes it clear that a business and industry endorsement is only available for a license to teach secondary education. In the regulation, all other types of licenses are excluded from eligibility for the business and industry endorsement.

Mr. Dietrich said R010-18 allows an individual who is not classically trained through the educational realm to teach career and technical courses by obtaining a business and industry endorsement. He stated the existing regulation requires an applicant for a business and industry endorsement to have been employed for at least five years after 16 years of age in a position which relates to the program for which they apply to teach. After engaging in group discussions about how the age requirement and the mandatory 12 credits were affecting the districts, CPSE decided to change the requirements for a person who wishes to obtain a business and industry endorsement. The regulation now requires that an applicant must have been employed full-time for at least two years after 18 years of age in such a position. He stated the most substantial modification was to allow the mandatory 12 credits of training (4 courses) to be acquired at a professional development level and not require a traditional college transcript. Mr. Dietrich acknowledged this is foreign territory in a traditional license setting; however, he reminded Commission members that obtaining coursework through institutions that do not grant degrees occurs in the ARL program. To better serve the education community, especially in rural districts, CPSE wanted to break down as many barriers as possible to allow individuals to maintain these licenses and teach.

Senator Hammond said he was satisfied with the explanation.

MOTION: Senator Hammond moved to approve R008-18 and R010-18. The motion was seconded by Assemblywoman Carlton and passed unanimously. 16

B. Approval of Bill Draft Request Concerning the Legislature and the Legislative Counsel Bureau

Rick Combs, previously identified, explained that a BDR is submitted prior to session as a placeholder for issues that come up between now and the end of session regarding the Legislature and the Legislative Counsel Bureau (LCB).

MOTION: Assemblywoman Carlton moved to approve the BDR for the Legislature and the LCB. The motion was seconded by Senator Farley and passed unanimously.

C. Approval of Language of Ballot Questions Pursuant to NRS 218D.810

Chair Frierson stated he would allow public comment at this time regarding the ballot questions; however, no testimony was presented.

Mr. Combs explained the process for legislatively approved ballot questions.

He presented the LCB’s draft ballot question language for Senate Joint Resolution No. 17 (2015), which asks:

Shall the Nevada Constitution be amended to: (1) remove existing provisions that require the Legislature to provide certain statutory rights for crime victims; and (2) adopt in their place certain expressly stated constitutional rights that victims may assert throughout the criminal or juvenile justice process? (Agenda Item V C-1)

He mentioned this question is commonly referred to as “Marsy’s Law.”

Mr. Combs also presented draft ballot question language for SB 415 (2015), which asks:

Shall the Sales and Use Tax Act of 1955 be amended to provide an exemption from the taxes imposed by this Act on the gross receipts from the sale and the storage, use, or other consumption of feminine hygiene products? (Agenda Item V C-2)

Senator Hammond asked whether any public comments changed the language of either ballot question.

Mr. Powers said all public comments were reviewed to see whether they were already included in the draft language. He said the changes were not elaborate and most comments focused on SJR 17; if the draft language accurately reflected the public’s comments, the language was not changed. Mr. Powers pointed out the goal is to present a legally and factually accurate description of the explanation and 17

how the proposal would change existing law in language that is not argumentative or inflammatory but rather fair, even-handed, and balanced. He said the goal of the ballot question team was to draft legally strong and factually accurate policy-based arguments that attempted to convince the voter of the policy behind the proposal. He said the same was true with the arguments against the ballot question—provide a counter proposal based solely on policy, not intending to inflame or incite the emotions of the voters.

MOTION: Assemblywoman Carlton moved to approve the draft ballot language for both questions. The motion was seconded by Senator Atkinson and passed unanimously.

D. Request by the Legislative Committee on Health Care (NRS 439B.200) for an Extension of the Deadline to Submit Bill Draft Requests

Marsheilah D. Lyons, previously identified, presented a memorandum on behalf of Senator Patricia (Pat) Spearman, Chair, Legislative Committee on Health Care (LCHC), requesting approval to submit BDRs after the September deadline for statutory committees (Agenda Item V D). She noted the LCHC will have a work session in August and a second work session in September.

MOTION: Senator Denis moved to approve the request by the LCHC to submit BDRs after the September deadline. The motion was seconded by Assemblywoman Carlton and passed unanimously.

E. Request by the Interim Committee to Study the Advisability and Feasibility of Treating Certain Traffic and Related Violations as Civil Infractions (ACR 9, 2017) for Approval to Meet Later than June 30, 2018

On behalf of Assemblyman Steve Yeager, Chair, Committee to Study the Advisability and Feasibility of Treating Certain Traffic and Related Violations as Civil Infractions, Mr. Combs reported the Committee is required to complete its work by June 30, 2018, but due to difficulty in obtaining a quorum for a previously scheduled meeting, the Committee has not met its allotted number of meetings. Therefore, Chair Yeager has requested that the Committee be allowed to meet in the month of July, and he does not anticipate the need to extend the September deadline for submitting BDRs.

MOTION: Assemblywoman Carlton moved to approve the request by the Committee to Study the Advisability and Feasibility of Treating Certain Traffic and Related Violations as Civil Infractions to meet after June 30, 2018. The motion was seconded by Senator Farley and passed unanimously.

AGENDA ITEM VI—APPOINTMENTS AND NOMINATIONS OF MEMBERS TO NONLEGISLATIVE COMMITTEES AND OTHER ENTITIES

A. Advisory Task Force on School Leader Management (SB 497, 2017)

Rick Combs, previously identified, stated the appointment by the Legislative Commission to the Advisory Task Force on School Leader Management, which must be a member of the business community, is vacant (Agenda Item VI A).

Chair Frierson said he would like to take additional time to find a replacement and that no action would be taken on this item.

B. Commission on Ethics (NRS 281A.200)

Mr. Combs reviewed the qualifications that must be met as a member of the Commission on Ethics (Agenda Item VI B). He reported three applications were received, of which two did not meet the qualifications in subsection 5 of NRS 281A. 200. He said the only application that met the requirements was that of Kim Wallen, former state controller.

Chair Frierson mentioned he received several recommendations for Kim Wallen and would support her appointment to the Commission.

MOTION: Senator Denis moved to approve the appointment of Kim Wallen to the Commission on Ethics. The motion was seconded by Assemblywoman Carlton and passed unanimously.

C. Southern Nevada Enterprise Community Board (AB 304, 2009)

Mr. Combs mentioned the Southern Nevada Enterprise Community Board carries a three-year term and anyone who is appointed must live in the Southern Nevada Enterprise Community, which includes Senate Districts 2, 3, 4, and 10 and Assembly Districts 6, 7, 10, 11, 15, and 16. He said Senator Atkinson and Assemblywoman Dina Neal were appointed to the Board and they can be reappointed (Agenda Item VI C).

Chair Frierson said he has spoken to the current members and both of them have agreed to reappointment.

MOTION: Senator Kieckhefer moved to reappoint Senator Atkinson and Assemblywoman Neal to the Southern Nevada Enterprise Community Board. The motion was seconded by Assemblyman Wheeler and passed unanimously.

AGENDA ITEM VII—INFORMATIONAL ITEMS

(This agenda item was taken out of order.)

A. Interim Committee Reports

B. Summary of Quarterly Reports on Disciplinary Action From the Licensing Boards and State Agencies

C. Miscellaneous Reports or Correspondence From State Agencies and Others:

1. Department of Transportation, Construction Manager at Risk (CMAR) Report for 2017 Pursuant to Section 14.5 of AB 283 (2013 Session)

2. Women Veterans Advisory Committee, 2018 Biennial Report Pursuant to NRS 417.330

The members of the Legislative Commission did not have any questions on the informational items.

AGENDA ITEM VIII—PUBLIC COMMENT

Chair Frierson called for public comment.

Mona Lisa Samuelson, previously identified, stated she is Nevada’s first medical marijuana patient advocate and community activist. She requested the Commission consider medical marijuana patients as a relevant part of their communities and consider issues that are important to them.

AGENDA ITEM IX—ADJOURNMENT

There being no further business to come before the Commission, the meeting was adjourned at 11:46 a.m.

Respectfully submitted,

Janet Coons Manger of Research Policy Assistants

APPROVED BY:

Jason Frierson, Chair Legislative Commission

MEETING MATERIALS

AGENDA ITEM WITNESS/ENTITY DESCRIPTION Agenda Item II A Mona Lisa Samuelson, advocate List of legislative for medical marijuana patients protections for medical marijuana patients Agenda Item II B Wendy Mulcock, Nevada resident Written testimony Agenda Item V A Legal Division, Legislative Counsel State agency Bureau (LCB) regulations to be reviewed Agenda Item V A-1 Legal Division, LCB Adopted Regulation of the State Board of Education, LCB File No. R056-17 Agenda Item V A-2 Legal Division, LCB Adopted Regulation of the Commission on Professional Standards in Education, LCB File No. R049-17 Agenda Item V A-3 Legal Division, LCB Adopted Regulation of the Commission on Professional Standards in Education, LCB File No. R053-17 Agenda Item V A-4 Legal Division, LCB Adopted Regulation of the Commission on Professional Standards in Education, LCB File No. R009-18 Agenda Item V A-5 Legal Division, LCB Adopted Regulation of the Office of Economic Development, LCB File No. R113-16 Agenda Item V A-6 Legal Division, LCB Adopted Regulation of the Executive Director of the Office of Economic Development, LCB File No. R159-16

Agenda Item V A-7 Legal Division, LCB Adopted Regulation of the Commission on Professional Standards in Education, LCB File No. R008-18 Agenda Item V A-8 Legal Division, LCB Adopted Regulation of the Commission on Professional Standards in Education, LCB File No. R010-18 Agenda Item V C-1 Legislative Counsel Bureau Draft ballot question language for Senate Joint Resolution No. 17 of the 78th Session Agenda Item V C-2 Legislative Counsel Bureau Draft ballot question language for Senate Bill 415 of the 79th Session Agenda Item V D Senator Patricia (Pat) Spearman, Memorandum Chair, Legislative Committee on Health Care Agenda Item VI A Rick Combs, Director, LCB Information regarding the Advisory Task Force on School Leader Management Agenda Item VI B Rick Combs, Director, LCB Information regarding the appointment of members to the Commission on Ethics Agenda Item VI C Rick Combs, Director, LCB Information regarding appointments to the Southern Nevada Enterprise Community Board

This set of “Minutes of the Legislative Commission” is an informational service. Meeting materials are on file in the Director’s Office of the Legislative Counsel Bureau, Carson City, Nevada.

MINUTES OF THE LEGISLATIVE COMMISSION NEVADA LEGISLATIVE COUNSEL BUREAU Nevada Revised Statutes (NRS) 218E.150

The Legislative Commission held its fourth meeting in Calendar Year 2018 on Thursday, August 30, 2018. The meeting began at 9 a.m. in Room 4401 of the Grant Sawyer State Office Building, 555 East Washington Avenue, Las Vegas, Nevada, and was videoconferenced to Room 4100 of the Legislative Building, 401 South Carson Street, Carson City, Nevada.

COMMISSION MEMBERS PRESENT:

Assemblyman Jason Frierson, Chair Assemblywoman Teresa Benitez-Thompson, Vice Chair Senator Kelvin D. Atkinson Senator Moises (Mo) Denis Senator Patricia Farley Senator Scott T. Hammond Senator Ben Kieckhefer Senator Julia Ratti for Senator Aaron D. Ford Assemblywoman Maggie Carlton Assemblyman Chris Edwards for Assemblyman James Oscarson Assemblyman Al Kramer for Keith Pickard Assemblyman Jim Wheeler

OTHER LEGISLATOR PRESENT:

Assemblywoman Lesley E. Cohen, Assembly District 29

LEGISLATIVE COUNSEL BUREAU STAFF PRESENT:

Rick Combs, Director Rocky Cooper, Legislative Auditor, Audit Division Cindy Jones, Assembly Fiscal Analyst, Fiscal Analysis Division Brenda J. Erdoes, Legislative Counsel, Legal Division Risa B. Lang, Chief Deputy Legislative Counsel, Legal Division Kevin C. Powers, Chief Litigation Counsel, Legal Division Michael J. Stewart, Research Director, Research Division Carol M. Stonefield, Deputy Research Director, Research Division

Janet Coons, Manager or Research Policy Assistants, Research Division Sylvia A. Wiese, Executive Assistant, Director's Office

Items taken out of sequence during the meeting have been placed in agenda order.

AGENDA ITEM I—ROLL CALL

Chair Frierson called the meeting to order.

AGENDA ITEM II—PUBLIC COMMENT

Chair Frierson called for public comment and reviewed meeting protocol. He reminded those who want to testify to sign the attendance sheets and that public comment will be held at the beginning and the end of the meeting.

Lindsay Dalley, resident of Logandale, Nevada, suggested the transgender regulation R099-17 has been totally vetted. He assumed it was pulled for political reasons because he suspected there were not enough votes to pass it. Mr. Dalley opined this was not fair to the constituents who took time out of their busy schedules to attend the meeting today.

Mona Lisa Samuelson, medical marijuana patient lobbyist, stated the 2019 Legislature should pass corrective patient protections for marijuana regulation in Nevada.

Eduardo Vela, Nevada resident, said he attended 30 hours of meetings held by Nevada’s Department of Education (NDE) regarding R099-17. He claimed parents against the regulation were ignored at the meetings, and Gender Justice was identified as the key stakeholder during the regulation process. Mr. Vela suggested NDE and the Clark County School District (CCSD) abused their power over the people in an oppressive manner. He suggested R099-17 is not about bullying or protecting students, but rather the execution of a strategically crafted agenda set out to destroy the nucleus of the family.

Charlie Melvin, mother of four in Clark County, shared her frustration with not being heard by NDE during the regulation process for R09917. She stated that Amber Reid, Education Programs Professional, NDE, admitted to her that she did not speak with parents or parent groups who have a differing opinion on the gender diversity issue and that she only consulted with special interest groups. Ms. Melvin expressed that she and other parents are tired of the pushback they are experiencing in Nevada. She requested the Commission send R099-17 back to NDE whenever it is heard.

Amanda (last name not given), Nevada resident, asked the Commission to read R099-17 and think about the children whose rights will be trampled because of who they are and what they believe. She is worried about disciplinary actions imposed if a student does not use the desired pronoun of another student. Amanda said that, according to the ACLU (American Civil Liberties Union), the First Amendment of the United States Constitution ensures that students cannot be punished for exercising 3

their free speech rights even if school administrators do not approve of what they are saying.

David W. Carter, Member, State Board of Education, District 2, submitted written comments regarding the rights of transgender students versus the rights of other students (Agenda Item II A). He suggested a compromise where transgender students are allowed their own restrooms and locker rooms.

Jake Wiskerchen, Chair, Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors, submitted testimony regarding R094-18, which brings Nevada in alignment with national standards (Agenda Item II B). He thanked numerous state employees who helped him with the regulation process.

Carol Fineberg, resident, Reno, Nevada, provided written comments regarding possible unintended consequences of Senate Bill 225 (2017) that will affect 99 percent of the student population in a negative way (Agenda Item II C). She stated she would like to see SB 225 repealed during the 2019 Session.

Lynn Chapman, Vice President, Nevada Families for Freedom, stated the ordinance of the Nevada Constitution requires, “That perfect toleration of religious sentiment shall be secured, and no inhabitant of said state shall ever be molested, in person or property. . . .” She suggested that R099-17 violates the requirement of perfect toleration for students and parents who may object to the transgender ideology/religion being promoted in the classroom and enforced by punishment. Ms. Chapman opined R099-17 gives no regard for the rights of other students and violates the right to privacy identified by the U. S. Supreme Court.

Karen England, Executive Director, Nevada Family Alliance, offered to sit down with stakeholders and discuss the unintended consequences of R099-17 and come to a resolution that protects all students’ free speech and privacy. She expressed concern with the influence of Gender Justice on the regulation process, and she reported NDE has not fulfilled her open records request, and yet, it has publicized personal information of those who attended the meetings on its website.

William Tarbell, Nevada resident, shared three main points regarding R099-17: (1) it is inherently discriminatory because it focuses on only one of the categories listed in the antibullying law; (2) the regulation process did not consult with major sectors of the community; and (3) there are numerous problems associated with implementing the regulation.

Lisa Wolfley, Nevada resident, testified that R099-17 is a bad regulation because children with disabilities and those with autism have been left out. She said this regulation will fail to protect the very children it claims to support. Ms. Wolfley suggested NDE’s regulation process was unethical as no consideration was given to parents, community, or medical professionals. She also suggested the regulation 4

process for R056-17 has been sneaky and underhanded. Ms. Wolfley said the Pledge of Allegiance was to be added back into the regulation, but NDE only changed two words in the entire 130-page document.

Joel Hansen, Nevada resident, and candidate for attorney general, stated that if he were to become the attorney general, he would prosecute anyone who walks into a shower room and disrobes in front of members of the opposite sex because this is indecent exposure, which is against the law. He discussed how R099-17 violates the right of privacy which is strongly defined by the U.S. Supreme Court freedom of religion, and freedom of speech. He requested the Commission stop R099-17.

Mindy Davies, Nevada resident, stated R099-17 is not a neutral policy, and it does not address the constitutional rights for all students regarding free speech and privacy rights. She said the regulation forces students, teachers, and volunteers to use proper pronouns that do not align with science and biological facts. Regarding R056-17, Ms. Davies stated this regulation was pushed through by NDE in unethical ways. She is of the opinion that the regulation not only threatens to undermine the very fundamental rights that we claim to honor and protect as Americans, but it spews divisiveness, screams propaganda, and disregards the foundation of our government and the fabric of America.

Erin Phillips, President, Power2Parent, said she agrees with the antibullying policies that are in place to protect children, but she suggested R099-17 goes beyond the intent of SB 225. Ms. Phillips opined the regulation drafting process with NDE has not been followed, and public records indicate that Gender Justice is essentially writing regulations and has been promised the training contracts. She requested the regulation process and the law be followed, and parents should be included in the writing process of the regulation.

Amy Dalley, Nevada resident, expressed the frustration of parents who attended public meetings and were not given the opportunity to testify. She thanked the Commission for pulling R099-17 and requested the members consider the time parents take from their jobs and daily lives to attend meetings. Ms. Dalley suggested a better solution to R099-17 can be found if the parents are involved.

Catherine Velas, Nevada resident, stated parents have been ignored in the process for R099-17, and Gender Justice has been the key stakeholder in writing the regulation, which completely ignores children with disabilities, and it infringes on her religious freedom. She asked the Commission to send R099-17 back to NDE to be rewritten.

Patti Smith, resident of Bunkerville, Nevada, shared her opposition to R099-17 and R056-17. She stated we must teach our children the correct history of America and reverence for our flag.

Taci May, Nevada resident, stated her opposition to R056-17 and R099-17. She shared that her daughter has disabilities and had to leave the state for two years to obtain the appropriate education and support she needed. Ms. May said R099-17 was supposed to support children with disabilities, but they have been neglected in the process. She asked the Commission to focus more on giving our children a quality education so that Nevada can welcome the kids who need extra help.

Bill Johnson, Nevada resident, and candidate for Washoe County Commissioner, District 3, submitted written testimony regarding SB 225 (Agenda Item II D). He suggested there is corruption within society that has spilled over into our educational system.

Patricia Gates, Nevada resident, and retired first and second grade teacher from the Los Angeles Unified School District, provided written testimony regarding her opposition to R099-17 (Agenda Item II E). She suggested the regulation will interrupt learning in the classroom.

John Eppalito, former teacher, and president, Protect Nevada Children (PNC), requested an opportunity to make a presentation regarding student data mining to the Legislative Committee on Education. He claimed third-party vendors are paid with student data, and they create secret profiles on our children. Mr. Eppalito said the Washoe County School District experienced a data breach involving student IDs for sale on the dark web but chose not to tell parents about the data breach.

An unidentified member of the public stated R099-17 needs to be translated into different languages so parents and guardians can understand the material and the consequences of the proposed regulation. She said the pronoun policy will punish those whose languages do not have certain sounds, and those with speech deficiencies and mental challenges will be punished unfairly. She also expressed concern with R056-17.

Erica Whitmore, Nevada resident, said she attended the CCSD meetings regarding R099-17. She shared research that she discovered about other school districts and states that have implemented a transgender bathroom policy. Ms. Whitmore also addressed her opposition to R056-17; she opined the tone of the regulation was anti- American and asked the Commission to reconsider the curriculum.

Rachel Ferguson, clinical professional counselor, asked the Commission to return R099-17 to NDE, which she suggested has behaved dishonestly and tainted the regulations by referring to Gender Justice as the key stakeholder. She requested NDE rewrite the regulation with parents as the primary stakeholder and limit the overreaching nature of the regulation, which infringes on children’s rights as well as the rights of their parents to protect them.

Alicia Sanchez, Nevada resident, spoke against R099-17. She opined the regulation 6

is racist against Christians, Hispanics, and parents who are opposed to the regulation. Ms. Sanchez said she does not want any law or policy by a specific group to be imposed on her children just as she does not impose her Christian values on others. She stated her children will be punished if they use the wrong language and requested that her children’s rights and the Constitution of the United States not be ignored

An unidentified member of the public asked the Commission to pay attention to the parents that came to testify today against R099-17. She said the government is too big and is now a tyranny.

Rebecca Rasmussen, mother of five school-age children, shared her concern that no matter how many times she expresses concern and compassion for transgender students, she is called a bigot, a hater, and closed-minded for asking questions about the transgender movement. She stated something is wrong in 2018 if people are afraid to speak what they think. Ms. Rasmussen cited a multitude of questions that are not answered by the regulation. She is of the opinion that reasonable people can agree on reasonable measures that accommodate everyone.

Lori Wagoner, parent of two school-age children, expressed concern that the rights of her children will be stripped away with the passage of a radical gender diverse policy. She stated her children should be secure knowing that their gender identities, which match their biology, will be treated as respectfully as a transgender individual. Ms. Wagoner also stated that while tolerance should be taught, if there is no place for God in the classroom, she opined a certain group’s ideology has no place in the classroom. She requested that someone’s hurt should not drive blanket policies.

Josué (last name not given), college student, stated he is against bullying of any kind and he knows what it is like to be bullied. He suggested R099-17 is trying to take away parents’ voices, and it allows students who identify with the opposite sex to force their classmates to call them by certain pronouns. Josué is of the opinion the regulations do not solve bullying issues, but rather they infringe on rights to privacy and the rights of parents to know what is happening in their children’s schools. He said the definitions of family and parenthood and the roles of parents are being threatened by R099-17. He asked the regulations be reviewed again to find a better solution.

Jesus Faz, Nevada resident, and father of four children, spoke on R099-17. He said he came to the United States as a child not knowing the rights and privileges of the American people. But as an adult, he now realizes his blessings as an American citizen. He said R099-17 infringes on his children’s freedom of speech and the freedom to practice the faith of their choosing without fear of retaliation.

Amy Webster, Nevada resident, suggested the process has been deceitful and sneaky by excluding parents from the process of writing the regulations. She urged the 7

Commission not to process or continue with R099-17 and R056-17 as written. Ms. Webster stated it is not acceptable to bring ideology into the school curriculum.

Nicole Mason, Nevada resident, asked the Commission not to implement the changes in R056-17, stressing that every reference to the Pledge of Allegiance was deleted in the regulation. She shared her opinion that R099-17 is not properly written and does not respect both sides of the issue. Ms. Mason said she spoke with a school psychologist from Carlsbad, California, who worked at a school district that implemented a transgender policy allowing children to use bathrooms of the opposite sex, and the situation was traumatic to individuals who did not understand what was going on; psychological and emotional impacts were felt on both sides of the issue, but especially on the transgender side. She asked the Commission to reconsider R099-17 and not implement the changes of R056-17.

Meleen (last name unknown), Nevada resident, strongly stated her opposition to SB 225 and that she will continue to defend all children.

Mack Miller, Las Vegas resident, and candidate for Assembly District 5, stated that while he understands the goal and intention of SB 225, he suggested R099-17, which he strongly opposes, does not address the bullying of children with special needs or autism but only the bullying of transgender children.

Sheila Collins, community advocate, and small business owner, stated the greatest thing about living in America is choice. She suggested that R099-17 is harmful and threatens the safety of our children.

James (last name unknown), Las Vegas resident, said he is staunchly against the discrimination of any person for any reason other than his or her or other individual competence as it pertains to the context in which it is applied, which includes gender identity and expression. However, the proposed amendments to SB 225 cause him concern, particularly the idea of forcing a person to say certain words with consequences attached to ensure compliance. He said the punishment for the pronoun violation is vague, which indicates the law is unworkable as written.

Sue Ellen Abney, mother of four children, stated her opposition to R099-17 and R056-17. She stated how proud she is to be an American citizen even though she was born in Mexico.

Naomi (last name not given), Nevada resident, stated her opposition to R099-17 because it threatens children’s right to privacy and violates their right to free speech. She said parents voiced these concerns during the regulation process but they were ignored by NDE and CCSD. She asked the Commission to listen to the parents and not approve R099-17.

Martina (last name not given), Nevada resident, said she was born in Mexico but is willing to do what is necessary to protect America from being destroyed. She said she is disappointed with R099-17. As a parent, she pays taxes to keep the schools open, and she said her thoughts should be considered and she demands protection for her children. Martina urged the Commission not to pass R099-17.

Rex Reed, representing the ACLU of Nevada, stated her support for R056-17 to incorporate multicultural education into the K-12 social studies curriculum. She suggested the regulation will benefit everyone by teaching students that there are multiple and historical perspectives that will encourage critical thinking and increase awareness of global issues and help strengthen social consciousness and intercultural awareness, which will allow for a learning environment free from stereotypes and prejudice. Regarding SB 225, she pointed out that the bill does not mention bathrooms or locker rooms; access to those facilities has been the law since 2011 according to NRS 651.070, and there have been no problems over the last seven years.

Erin Francom, resident of Logandale, Nevada, and mother of three children, stated her opposition to R099-17. She also shared her disappointment that the voices of parents were not heard or considered when developing the regulation. Ms. Francom questioned why she would choose to put her children in a public school that threatens their rights, compels them to use speech she does not agree with, and teaches them sensitive subjects, such as sexuality and gender, in a way that she does not agree. She stated that if R099-17 is approved, she will pull her children out of public schools; she predicted there would be a statewide exodus from public schools.

Tim Watkins, Nevada resident, and father of five children who attended CCSD, stated his opposition to R099-17 and R056-17 as currently written. He said the regulations will cause many parents to seek other educational sources who have the resources to do so, while economically challenged parents would be forced to participate regardless of their disagreement with the regulations. Mr. Watkins asked Commission members if they were willing to discriminate against these parents who are doing their best to raise their children under challenging circumstances.

Bryan Mortensen, stated his opposition to R056-17 and that unethical and possibly illegal actions may have taken place during the development and adoption of the regulation. He said he is disturbed by the removal of any reference to the Pledge and that it has not been restored, when parents were led to believe that it would. Mr. Mortensen stated his opinion that teaching the history of the flag, what it represents, and why we pledge our allegiance to it is just as important as reciting the Pledge, as provided in NRS 389.014.

Tiffany Frederick, Nevada resident, stated the importance of knowing the positions of candidates running for office and for whom we vote. She said she will always fight for her children. 9

Alissa Wolfley, sophomore in CCSD, stated her opposition to R099-17 and the changes proposed to the social studies curriculum in R056-17.

Keshia Phillipenas, Nevada resident, echoed the comments of Mr. Mortensen. She stated the social studies standards were implemented for School Year 2018–2019 without being accompanied by completed regulations. Ms. Phillipenas agreed that all education standards need to be revised because Nevada ranks last in the nation according to the latest Quality Counts report. She stressed the standard should be an American one; key historical events, facts, figures, and patriotic topics should not be reserved for only a single course in high school, but should be a K–12 standard. She acknowledged history is messy and not pleasing to every culture, but suggested the model she is opposed to in R056-17 begins to destroy or replace the American narrative by approaching the makeup of our country as groups instead of individuals.

Blake Holmstead, Las Vegas resident, expressed his love for Nevada, but stated he would move his five children out of the state and close his small business if R056-17 is passed.

Tamika Shauntee, executive committee member of the local Las Vegas branch of the NAACP 1111, stated the NAACP commends the Commission for proposing diversity in social studies education. She stated the world has different perspectives on history and appreciates including multiculturalism in the curriculum.

Jason Daggert, student at the University of Nevada, Las Vegas (UNLV), stated his support of R056-17. Mr. Daggert said he was born in Beirut, Lebanon, where he learned about American and African culture by regions and different social movements that promote equality and civil liberties. He suggested that a multicultural education: (1) promotes cognitive and moral growth; (2) develops problem-solving skills and positive relationships with other students; (3) decreases stereotyping and prejudice; and (4) increases productivity through the diversity of natural resources. Mr. Daggert opined that students become open to the interchangeable nature of society, and children are able to identify with other cultures regardless of their differences in a healthy and educated environment.

Jean Perry Jones, Nevada resident, stated her support for R038-18, which requires trappers to register their snares, traps, or similar devices and submit the application to Nevada’s Department of Wildlife (NDOW) for the assignment of registration. She stated the regulation is responsible and will promote the safety of our children, pets, and wildlife.

Jonathan Jimenez, Nevada resident, stated his opposition to R099-17, which he said will take away his freedoms and the rights of his family. If the Commission takes away his rights, he suggested that is tyranny. Mr. Jimenez is of the opinion that R099-17 is based on feelings of weakness. 10

Leo (last name unknown), Hispanic American, read the First Amendment of the Constitution. He stated that R099-17 infringes on our freedom of religion and speech by telling us what we can or cannot say and how to say it. He said he is proud to be an American and asked the Commission not to pass R099-17.

Maggie (no last name given), Nevada resident, stated her opposition to R099-17 because it takes away the students’ freedom of speech. Her parents have come to numerous meetings expressing their concerns but have been ignored by the NDE. She questioned whether her parents have not been heard because they are Hispanic or because they are Christians. Maggie said R099-17 would trample her rights as an American citizen.

Joel (no last name given), Nevada resident, said he opposes R099-17. He questioned why the schools want to teach students that there are preferred ways of living, and he questioned what has happened to democracy. Joel said he and many other parents have been ignored at numerous meetings. He urged the Commission to listen to the majority of parents who voted against R099-17.

Kimberly (no last name given), Nevada resident, stated her opposition to R099-17, which she said is only concerned with protecting and pleasing a certain group’s needs. She opined that all children should have protection, and many parents have been ignored. Kimberly asked the Commission to reconsider R099-17.

Tina Holmstead, Nevada resident, and mother of five children, stated her opposition to R056-17. She suggested that if children are not taught their constitutional rights at a young age, they will grow into adults who do not respect the country or the flag. Ms. Holmstead also stated her opposition to R099-17. She said the problem is already addressed with the use of stalls in locker rooms and restrooms.

Rudy Hernandez, Nevada resident, stated his pride in being an American citizen. He said he opposes R099-17 and that activist groups are using SB 225 for their own agenda. He said CCSD tainted the process was tainted by referring to Gender Justice as the primary stakeholder during the regulation process. Mr. Hernandez said his children’s Christian beliefs will be contradicted and violated if they have to share a bathroom or locker room with a member of the opposite sex.

Andrea (no last name given), Nevada resident, stated her opposition to R099-17. She said she refuses to accept that compelling speech is a solution to the issue of bullying. Andrea suggested there will be many legal issues if R099-17 passes. She stated the opposition has been the majority and yet the regulation continues to be pushed forward. Andrea urged the Commission not to ignore the rights of parents in opposition and to vote against R099-17.

Olivia Hernandez, Nevada resident, expressed her opposition to R099-17. She said the parents in opposition have been the majority at the meetings, but they have been ignored. Ms. Hernandez said she has been called unreasonable and misinformed. She requested the Commission not to ignore her rights.

Elizabeth Pouiones, Nevada resident, echoed the voices of the parents opposed to R099-17. She requested the Commission to send it back to NDE to find a solution for everyone. Ms. Pouiones also stated her opposition to R056-17. She said the proudest moment of her life was when she took the oath of citizenship. Ms. Pouiones said she was appalled at the items deleted from the regulation, and strongly urged the Commission to reconsider R056-17.

Moses (no last name given), Nevada resident, stated his opposition to R099-17. He suggested that bullies should be stopped, but we also need students who will make sacrifices for their education.

May (no last name given), Nevada resident, stated her opposition to R099-17 because the policies only protect the transgender students. If the policies are passed, she said they will affect all students and their parents. She questioned why students are being forced to use certain pronouns and go against their beliefs.

David (no last name given), Nevada resident, stated his opposition to R099-17 because it focuses on a certain group and takes away the God-given rights of parents to raise their children according to the Bible. He said he is against all bullying, but questions why the regulation focuses on only one group.

Andrea (no last name given) stated her opposition to R099-17. She said she has attended every meeting regarding the regulation in which the majority has been in opposition, and yet, the trustees and Dr. Canavero did not care and passed the regulation. She questioned why the regulation was written by Gender Justice rather than the parents. She said it is her responsibility as a parent to teach her children her beliefs and to be responsible and respect others, and it is the school’s responsibility to teach her children how to read and write and to understand history and math.

Estefonia Rangel, Nevada resident, stated her support for R038-18 as written.

Celia Villaloroz, Nevada resident, and single mother of three children, stated she is opposed to R099-17. She shared her experience with her daughter being bullied at school and how the principal worked with her to protect her child; the current policies helped her daughter.

Mike (no last name given), Nevada resident, stated his opposition to R099-17. He said the regulation is immoral, illogical, and extremely controversial because it takes away freedom of speech; the subjective feelings of transgender students wanting to

be called by their preferred pronoun will be dictated in all school policy; and violations of personal privacy of students in disclosed facilities will be excused.

Patti Jesinoski, Nevada resident, stated her taxes pay for the education of the upcoming generation and she opposes R099-17. She suggested the schools should spend more time in the classroom teaching reading, writing, and arithmetic to improve the state’s ranking in education.

Maria Hernandez, Nevada resident, stated her opposition to R099-17. She shared how her traumatic personal experiences caused her to use a stall in a locker room to help her feel more comfortable. She said she will fight to protect her children and requested the Commission not pass the regulation.

Adriana (no last name given), Nevada resident, stated her opposition to R099-17. She said it saddens her to think that in the future her children will have to attend CCSD. Adriana said the voices of the opposition have not been heard, and she pays taxes for students to be educated in English, math, science, and history, not gender diversity. She requested the legislators to stop using their platform to impose their agenda on the community and let parents educate their children the way they want on religion and freedom.

Wendy Mulcock, Vice Chair, Moapa Valley Community Advisory Board, stated the Board unanimously voted against R056-17. As a parent, she stated her opposition to the “erase and replace” solution to changing regulations for the sake of change. She expressed concern that at the last Commission meeting regarding R056-17, some legislators seemed pressed to pass proposed regulations since CCSD had already rolled out its 2018–2019 curriculum, assuming it would pass. She stated she is disturbed that CCSD is sending marching orders to the state legislature; it seems the same practice is happening with the transgender regulations. She is not opposed to what has been added to R056-17, but she is opposed to erasing everything that teaches children the history of their liberties and freedoms they enjoy.

Kenneth Ostrander, Nevada resident, testified against R038-18 because it will harm wildlife and pets.

Angela Dormer, Nevada resident, military wife, and mother of four children, shared her fascination with R099-17 getting pushed forward when nearly 100 percent of the speakers today oppose the regulation. She questioned whether the Commission members are listening.

Melina Bradshaw, Nevada resident, suggested that if her children were school age right now, she would homeschool them. She also suggested there will be consequences if R099-17 is implemented. Ms. Bradshaw encouraged the Commission to include the parents in writing policies and to think about the long-term effects of R099-17. 13

John Ridgeway, Las Vegas resident, stated the Legislative Counsel Bureau (LCB) has done a good job and submitted information on the Bill of Rights for the record (Agenda Item II F).

Laura Hale, Carson City resident, submitted written testimony supporting R099-17. (Agenda Item II G).

AGENDA ITEM III—PROGRESS REPORT—LITIGATION CURRENTLY IN PROGRESS

Kevin Powers, previously identified, reported on the progress of three cases currently in litigation.

1. Board of Trustees of the Glazing Health & Welfare Trust v. Chambers, United States District Court, District of Nevada, and U.S. Court of Appeals for the Ninth Circuit:

This case involved a challenge to the validity of SB 223 (2015). There is no change from the last meeting of the Commission. On March 12, 2018, the Ninth Circuit heard oral arguments, and the parties are awaiting the decision.

2. Pharmaceutical Research and Manufacturers of America v. Sandoval, United States District Court, District of Nevada:

This case is a challenge to SB 539 (2017). The legislation created transparency requirements for diabetes drugs and required manufacturers of those drugs to submit certain reports to the Department of Health and Human Services (DHHS). At the Legislative Commission meeting of May 16, 2018, the Commission provided for early review and approval of DHHS regulations, which were LCB File R042-18. The Department thereafter approved those regulations. They became effective on May 31, 2018, and they now have the force of law. After the regulations became effective, the parties entered into negotiations and resolved the case to the agreement of the parties. First, the parties agreed to file a joint status report with the federal district court explaining the impact of the regulations on the constitutional claims of the plaintiffs. Second, DHHS on its website, represented that it would not bring any enforcement action against manufacturers between July 1, 2018, when the bill’s challenged provisions became effective and January 15, 2019, as long as the manufacturers submit their compliance reports by that later date of January 15, 2019.

As a result of the DHHS delay of enforcement following the adoption of the regulations, the plaintiffs withdrew the motion for a preliminary injunction. The parties then filed a joint status report, and the plaintiffs also filed an unopposed motion for voluntary dismissal of the lawsuit under Federal Rule of Civil Procedure 41(a)(2). The federal district court granted dismissal in the case on June 28, 2018. 14

This case in now closed, and the Department is in the process of implementing SB 539 (2017) based on the regulations that the Legislative Commission approved and the Department adopted.

3. The homeowners’ associations (HOA) nonjudicial foreclosure super-priority lien statutes, United States District Court, District of Nevada, and Nevada Supreme Court:

These cases were in both federal and state courts. They involved the version of the statutes that existed before the 2015 amendments, so they will be referred to as preamendment statutes. In 2016, in the case Bourne Valley Court Trust v. Wells Fargo Bank, the Ninth Circuit interpreted the pre-2015 statutes and decided the statutes did not require HOAs to provide notice to mortgage lenders before HOAs foreclosed on their super-priority liens. Based on that statutory interpretation of Nevada law, the Ninth Circuit concluded that the statutes on their face did not provide mortgage lenders with proper procedural due process and the Ninth Circuit struck the statute down. However, the Nevada Supreme Court as the final arbiter on the meaning of state law was presented with the same issue of statutory construction. The Legal Division of the LCB filed an amicus brief in this case.

Recently, on August 2, 2018, in the case of SFR Investments Pool 1, LLC v. Bank of New York Mellon the Nevada Supreme Court interpreted those same statutes and concluded that the preamendment statutes required homeowner associations to provide notice to mortgage lenders before they foreclosed on their super-priority liens. Because it is an issue of state law, the Bourne Valley case of the Ninth Circuit is no longer controlling on that issue of state law. However, although this particular case is closed, and the constitutionality of the statute seems to be supported by the Nevada Supreme Court’s decision, it should be noted that although the Ninth Circuit has to adopt the statutory construction, the Ninth Circuit is free in a future case to consider the separate federal constitutional issue of whether the notice that the statute required HOAs to provide to mortgage lenders satisfies the requirements of procedural due process. For the moment, the Nevada Supreme Court’s decision, and not the Bourne Valley case, is controlling on statutory construction.

AGENDA ITEM IV—LEGISLATIVE COMMISSION POLICY

A. Review of Administrative Regulations Submitted Pursuant to NRS 233B.067.

The list of regulations (Agenda Item IV-A) can be accessed electronically at: https://www.leg.state.nv.us/Register/IndexesRegsReviewed/LCMtg_List_2018_Aug 30.pdf.

The following regulations were identified by members to be held for discussion: R056-17, R147-17, R020-18, R038-18, and R049-18.

MOTION: Assemblywoman Carlton moved approval of R130-16, R143-16, R163-16, R135-17, R136-17, R137-17, R148-17, R149-17, R152-17, R159-17, R001-18, R030-18, R034-18, R035-18, R045-18, R046-18, R079-18, R087-18, R094-18, and R108-18. The motion was seconded by Senator Denis and passed unanimously.

Regulation 049-18 A REGULATION relating to public water systems; revising the requirements for determining whether certain products are lead-free; providing that the dimensions of certain catch basins or manholes are not required to be included when calculating distances required for the separation of certain lines; authorizing, under certain circumstances, the connection from certain fire hydrants to certain water mains to not include an assembly for the prevention of backflow; requiring work on a water project to commence not later than 1 year after the project is approved; revising certain definitions related to public water systems; revising references to certain standards and publications adopted by reference; authorizing certain exceptions to the required standards for the design and construction of a public water system; revising certain definitions related to the separation of sewer and water lines; authorizing, under certain circumstances, an engineer to request approval for a modification to the minimum requirements related to the separation of sewer and water lines; making various other changes relating to public water systems; and providing other matters properly relating thereto (Agenda Item IV A-1).

Assemblyman Pickard noted that independent design reviews are conducted by a number of agencies. He suggested that because interlocal agreements are not addressed in the regulation, it is important to develop a parallel process for tracking and evaluating water systems.

Greg Lovato, Administrator, Division of Environmental Protection, State Department of Conservation and Natural Resources, explained the updated regulations are part of a comprehensive effort underway to clarify, streamline, and make consistent all engineering project reviews of drinking water distribution systems and expansions.

Mr. Lovato stated the goal of developing interlocal agreements is to standardize engineering design details. He said providing these clarifications in regulation and including updated technical information on the Department’s website allows for the opportunity to streamline reviews. Concluding, Mr. Lovato said final versions of interlocal agreements will be completed in the month of September and will be circulated prior to being heard by health districts and/or water authorities.

Assemblyman Pickard requested an update on interlocal agreements during the next meeting of the Commission. He noted that some county health districts do not have engineers on staff who are qualified to perform these reviews.

MOTION: Assemblyman Pickard moved to approve R049-18. The motion was seconded by Senator Farley and passed unanimously.

Regulation 038-18 A REGULATION relating to trapping; requiring certain persons to register a trap, snare or similar device; requiring the submission of an application to the Department of Wildlife for the assignment of a registration number to the applicant; setting forth the information which must be included in the application; providing for the transferability of a registration number; requiring each registered trap, snare or similar device to display only the registration number of the person who owns the trap, snare or similar device; requiring the Department, upon payment of the fee to register a trap, snare or similar device, to issue a metallic seal to a person who registers a trap, snare or similar device; requiring the person to attach the metallic seal to the trap, snare or similar device; and providing other matters properly relating thereto (Agenda Item IV A-2).

Assemblyman Wheeler expressed concern about the proposed regulation. He noted that in order to retain their privacy, individuals will be required to pay a registration fee. Tyler Turnipseed, Chief Game Warden, Nevada’s Department of Wildlife (NDOW), stated the requirement was outlined in SB 364 (2017). He said anyone trapping on public lands can choose between placing their name and address on each trap, or have a confidential number assigned and stamped on each trap by NDOW for a $5 fee. Mr. Turnipseed clarified that rather than adding a new cost, the legislation allowed for the option of not paying a fee as long as the trapper’s name and address are imprinted on each trap. Assemblyman Edwards asked how many confidential numbered traps are expected to be issued.

Mr. Turnipseed said, historically, there are between 1,000 and 1,100 licensed trappers each year in the state. He indicated it is not clear how many traps requiring a fee will be requested in the future.

Senator Kieckhefer noted Section 5 of SB 364 provides that unless a trapper includes his or her name and address on a trap it must be registered. He asked whether the regulation gives trappers the option of maintaining their privacy by using a registration number.

Mr. Turnipseed answered that providing an option for privacy is one of the objectives of the regulation.

Assemblywoman Carlton inquired about the confidentiality of individuals’ physical addresses and requested clarification.

Mr. Turnipseed noted traps imprinted with individuals’ names can, by regulation, include only a mailing address. He said a physical address is not required.

In response to Assemblyman Pickard’s question, Jack Robb, Deputy Director, NDOW, explained it is not possible, at this time, to estimate a total administrative cost for the registration and tagging of confidential traps. He noted that details will be determined by the number of requests the Department receives.

Assemblyman Pickard expressed concern that the program’s costs may be higher than expected.

Senator Hammond inquired about trapping fees.

Mr. Robb explained the $5 per trap fee is in addition to the cost of obtaining a trapping license.

MOTION: Senator Kieckhefer moved to approve R038-18. The motion was seconded by Assemblywoman Carlton and passed. Senator Hammond, Assemblyman Edwards, Assemblyman Pickard, and Assemblyman Wheeler voted no.

Regulation 147-17 A REGULATION relating to telecommunications; revising provisions governing the administration of Lifeline service in this State; and providing other matters properly relating thereto (Agenda Item IV A-3).

Dallas Harris, Administrative Attorney, Nevada Public Utilities Commission, responding to a question from Senator Denis, clarified the proposed regulation will allow for implementation of an eligibility verifier when the required Lifeline service is operational. She explained the Federal Communication Commission is moving states on to the eligibility verifier system in phases and said Nevada is scheduled for the second phase.

Senator Denis asked whether individuals without computer access would be able to certify their eligibility for the program.

Ms. Dallas indicated more information will become available, but she said the national system should be easily accessible.

In response to a question from Assemblywoman Benitez-Thompson, Ms. Dallas stated the updated eligibility verification process is expected to be streamlined and more easily understood.

MOTION: Senator Denis moved to approve R147-17. The motion was seconded by Assemblywoman Carlton and passed unanimously.

Regulation 020-18 A REGULATION relating to education; revising the dates on which certain information relating to the Nevada Educational Choice Scholarship Program must be submitted; and providing other matters properly relating thereto (Agenda Item IV A-4).

Senator Denis asked for clarification regarding revision of the dates on which program data is required to be submitted. Steve Canavero, Ph.D., Superintendent of Public Instruction, NDE, explained that the dates were adjusted to align with the allocation of scholarships and the beginning of the school year. He said these changes will provide more accurate data on the program.

Assemblywoman Benitez-Thompson, referring to page 4 of R020-18, inquired about the process for determining household income.

Dr. Canavero explained NDE utilizes a number of measures in creating a chart, which categorizes household income percentages. He noted that incomes reported on applications are reviewed and validated by the scholarship granting organizations.

Responding to a question from Assemblywoman Benitez-Thompson, Dr. Canavero explained NDE and the scholarship granting organizations provide guidance to applicants for calculating household income.

MOTION: Senator Atkinson moved to approve R020-18. The motion was seconded by Assemblywomen Carlton and passed unanimously.

Assemblyman Pickard drew attention to AB 235 (2015) and said the legislation required standards in social studies to include multi-cultural education. He said the proposed regulations go beyond the approved legislation and deleted specific guidelines. Assemblyman Pickard asked about the impetus for changing the standards from measurable outcomes to more general and vague strategies. He inquired about measurements for student success.

Steve Canavero, Ph.D., Superintendent of Public Instruction, NDE, explained that when standards were assessed in order to comply with AB 234 the Council to Establish Academic Standards recognized a need for comprehensive review. He explained that the standards had not been updated since 2008.

Sarah Brown, Northwest Regional Professional Development Program (NWRPDP) and member of the standards drafting committee, said standards were shifted to an inquiry based system, which focuses on instilling critical thinking skills. She explained that by broadening curriculum it may appear there have been deletions of content, but instead, critical concepts are included throughout the courses of study, from Grades K-12. Ms. Brown said, as examples, students will learn about major historical events and national identity; have deliberative discussions about themes such as equality, freedom, liberty, and respect for individual freedom; and study how our nation has been shaped by founding documents.

Responding to Assemblyman Pickard’s question relating to the measurement of students’ success, Ms. Brown noted, while standards proposed under the regulation are comparable to earlier versions, students will be tasked to approach the material with a higher level of rigor and depth of knowledge. She acknowledged that assessing their success will be a complex process.

Assemblyman Pickard expressed his concern that without fully developed assessment tools it will be difficult to measure student achievement or to set clear expectations. He asked if content standards are deleted, how would it be possible to know what educators are actually teaching.

Dr. Canavero indicated that proposed standards communicate direction and broad instructional categories. He said students will be assessed on their deeper level of understanding of social studies concepts.

In response to Assemblyman Pickard’s suggestion of including specific goals within the broadened standards, Dr. Canavero explained that in developing curriculum, when adding specificity, the process can become contentious.

Assemblyman Edwards expressed his concerns and those of some of his constituents. He suggested R056-17 will make unnecessary changes and are not grade-level appropriate. Assemblyman Edwards said that specifics in curriculum provide consistency and clarity. He noted several deletions, including the Pledge of Allegiance, the national anthem, the use of maps and charts, and the recognition of personal choice. Concluding, Assemblyman Edwards questioned the need to make the concepts ambiguous.

Addressing Assemblyman Edwards’ concern about grade appropriate expectations, Ms. Brown said that themes, ideas, and concepts will be built upon, sequentially, throughout students’ school years. She explained the material will be grade-level appropriate, reflected in the curriculum, and based on approved standards in each school district.

Assemblyman Edwards suggested goals of the regulations would be better met with more specific guidelines and that flexibility can lead to ambiguity. He said the regulations, as written, will not benefit schools, teachers, or students.

Ms. Brown stated, in her role with the NWRPDP, she has contacted all secondary social studies teachers in Carson City, Douglas and Churchill Counties, as well as many teachers in Washoe and Lyon Counties. There has been wide-spread acknowledgement of the value of the proposed regulations. She said teachers have reported that specific guidelines, which seem to have been deleted have been included in subsequent sections of the regulations. Ms. Brown added the importance of the alignment of skills and standards in Grades K–12.

Senator Denis asked whether the development of social studies standards was consistent with the development of content standards for other disciplines.

Dr. Canavero said the process has not changed.

Ms. Brown added a four week period of public comment was conducted. She said the results were reviewed and reconciled with the final document.

Senator Denis asked for clarification relating to concerns that subjects such as the pledge of allegiance have been removed from social studies standards.

Ms. Brown, reading from the Nevada Academic Content Standards for Social Studies outlined specific examples of content guidelines, which include the study of national identity and culture. She cited one of the content themes titled “The U.S.: Creating a New Nation”. She said there will be opportunity for students to explore many critical concepts and ideas.

Mary Holsclaw, Education Programs Professional, Office of Standards and Instructional Support, NDE, explained the content standards report was developed from the proposed regulations as a companion guide to educators and the public in understanding the objectives of the standards.

Senator Denis, addressing a concern voiced by a member of the public, stated confidence that the proposed regulations would provide opportunity for understanding our history and our country. He explained that he has had discussions with teachers who support the concepts and are confident they will be able to assess student achievement.

Senator Hammond suggested educators could achieve similar results without the need to change academic standards. He asked about performance measurements and evaluations of teachers in the event goals of particular standards are not met. He cited as an example the deletion of the requirement to teach concepts, which informed writing of the Pledge of Allegiance. 21

Dr. Canavero said the standards do allow for flexibility. Continuing, he noted that NRS 389.014 requires each public school to set aside time for the Pledge of Allegiance.

Senator Hammond indicated concern about the need to interpret academic standards following their adoption through regulation. He noted educators have had to “unpack” regulations in order to understand them and said that is a troubling and unproductive development. Continuing, Senator Hammond opined that standards requiring abstract and conceptual thinking would be beyond the abilities of students in their early years. He asked for clarification regarding regulations as they apply to each grade-level.

Dr. Canavero described the requested sections.

Assemblywoman Carlton indicated R056-17 has been thoughtfully prepared by educational professionals. She stated her confidence that critical concepts such as the origin of the Constitution and the history of the Declaration of Independence will be taught in Nevada schools. Concluding, Assemblywoman Carlton noted that NRS 389.057 requires instruction in American history, including the constitutions of the United States and Nevada, the Bill of Rights, and the Declaration of Independence.

Assemblywoman Carlton voiced her support for R056-17 and said the regulations will provide an opportunity for students to acquire more depth of knowledge of social studies.

Chair Frierson commented on the importance of reading through R056-17 before drawing conclusions. He noted that items deleted in one section are introduced in another form later in the document and offered several examples. He drew attention to page 54, which requires an evaluation of:

…how persons and groups used ideas in foundational documents, including, without limitation, the United States Constitution, the Declaration of Independence and the Bill of Rights, to create communities of respect, equity and diversity throughout the history of the United States.

Chair Frierson said he supports the regulations because they will assist educators and provide tools they need to be creative in the ways they provide instruction.

Senator Farley commented on the importance of teaching diversity and multiculturalism in schools and suggested that students of all ages should be taught skills in critical thinking.

Senator Kieckhefer expressed concern that consistently stricken throughout the document is reference to civil engagement and citizenship. He said without discussion of what it means to engage effectively and actively with government through civic responsibilities and duties, we fail to prepare future generations for citizenship. Senator Kieckhefer concluded by noting that our relationship with our country is critically important.

Ms. Brown suggested the civil engagement was one of the primary focuses in developing R056-17. She drew attention to the disciplinary skills standards, which begin in kindergarten and are taught through Grade 12, and noted that one section requires the ability of students in kindergarten to “use deliberative and democratic procedures to take action about an issue in the classroom of the pupil, the school in which the pupil is enrolled or the community in which the pupil lives”. This section is included for each grade level with increasingly more sophisticated requirements.

Senator Kieckhefer said exploring how collaboration solves problems is an example of democratic processes and asked how it relates the responsibilities of citizenship.

Ms. Brown explained that as pupils progress through the disciplinary skills, such as building collaboration, argumentation, and reasoning, the hope would be that they would develop the potential to be actively engaged community citizens.

MOTION: Assemblywoman Benitez-Thompson moved to approve R056-17. The motion was seconded by Senator Atkinson.

Prior to the vote, Senator Hammond noted that educators are permitted to teach to the recommended standards without the need for regulations. Commenting further, he said younger students benefit from learning information through memorization with the expectation of building comprehensive skills and critical thinking as they mature.

Assemblyman Pickard voiced his concern for moving to a standard without the ability to measure success.

Assemblyman Edwards expressed his intention to vote against the motion to approve R056-17. He was concerned about broadening the original intent, which was compliance with AB 234 to include multi-cultural education in curriculum standards. He said the regulation focuses more on deleting concepts.

The previous motion made by Assemblywoman Benitez-Thompson and seconded by Senator Atkinson passed. Senator Hammond, Senator Kieckhefer, Assemblyman Edwards, Assemblyman Pickard, and Assemblyman Wheeler voted no.

B. Approval of Session Hires for the 2019 Legislative Session

Rick Combs, Director, LCB, drew the Commission’s attention to a letter addressing proposed session hire positions for the 2019 Legislative Session. Additionally, he requested revisions to positions approved at the May 16, 2018, meeting of the Commission (Agenda Item IV B).

MOTION: Assemblywoman Carlton moved to approve session hires for the 2019 Legislative Session. The motion was seconded by Senator Denis and passed unanimously.

C. Approval of Transfer of $245,960 Appropriated for Fiscal Year 2017–2018 to Fiscal Year 2018–2019 for Paper Purchases for the Legal Division

Rick Combs, previously identified, requested approval of a transfer of funds from Fiscal Year (FY) 2017–2018 to support printing NRS in FY 2018–2019.

MOTION: Assemblywoman Carlton moved to approve the request to transfer funds for paper purchases. The motion was seconded by Senator Atkinson and passed unanimously.

D. Approval of a Request by the Nevada Silver Haired Legislative Forum for an Extension of the September 1, 2018, Deadline for Submitting Its Bill Draft Request

John A. Yacenda, Ph.D., M.P.H., P.A.H.M., President, Nevada Silver Haired Legislative Forum, Senate District 16, request an extension of the September 1, 2018, deadline for submission of its sole bill draft request (BDR). He clarified that the Forum plans to meet during the first half of October and approve the details of its BDR request at that time.

MOTION: Assemblyman Wheeler moved to extend the deadline for submission of a BDR from the Silver Haired Forum to October 15, 2018. The motion was seconded by Senator Farley and passed unanimously.

AGENDA ITEM V—LEGISLATIVE AUDITOR

A. Request for Approval to Continue Audits Currently in Progress Beyond the Beginning of the 2019 Legislative Session Pursuant to Subsection 4 of NRS218E.205

Rocky Cooper, Legislative Auditor, Audit Division read and commented upon a letter submitted to the Commission requesting approval to continue audits currently in progress (Agenda Item V-A).

In response to Assemblyman Pickard’s question, Mr. Cooper said audits are in process and have not been delayed based on action from the Commission. He indicated that the audit of providers of supported living arrangement services (SLA) 24

approved by the Commission would be in progress before those listed on Schedule 2 on page 15 of Agenda Item V-A, and added that multiple audits are conducted simultaneously.

MOTION: Senator Denis moved to approve continuation of audits currently in progress beyond the beginning of the 2019 Legislative Session. The motion was seconded by Assemblyman Pickard and passed unanimously.

B. Request for Approval of Basic Audit Program Pursuant to NRS 218G.120

Rocky Cooper, previously identified, referring to the letter submitted to the Commission (Agenda Item V-A), requested approval of the basic audit program as set forth in Schedule 2 on page 15 of Agenda Item V-A.

MOTION: Assemblywoman Carlton moved to approve the request for a basic audit program of state agencies. The motion was seconded by Senator Farley and passed unanimously.

C. Request for an Audit of Providers of Supported Living Arrangement Services Certified by the Aging and Disability Services Division of the Department of Health and Human Services

(This agenda item was taken out of order)

Assemblywoman Lesley E. Cohen, Assembly District 29, Chair, Legislative Committee on Senior Citizens, Veterans, and Adults with Special Needs, shared that during the interim, the Committee conducted a study pursuant to AB 299 (2017) to review training programs implemented by certain homes and facilities in five categories: (1) those providing intermediate care, skilled nursing, and adult day-care; (2) residential facilities for groups and homes for individual care; (3) agencies providing in home nursing and/or personal care; (4) providers of community-based living arrangement services (CBLA); and (5) SLA facilities. Continuing, Assemblywoman Cohen said that supported living arrangement services are unique in that they serve individuals with intellectual and/or developmental disability and are certified by the Aging and Disability Services Division (ADSD), DHHS.

Assemblywoman Cohen noted the other programs are covered under Chapter 449 of NRS and are licensed by the Division of Public and Behavioral Health, DHHS. She stated during the interim, the Committee members were concerned that some of the SLAs may not fit the definition provided under NRS 435.3315, which reads as follows:

Flexible, individualized services provided in the home, for compensation, to a person with an intellectual disability or a person with a developmental disability who is served by the Division that are designed 25

and coordinated to assist the person in maximizing the person’s independence, including, without limitation, training and habilitation services.

Assemblywoman Cohen stated that based on these findings, the Committee at its work session on July 19, 2018, voted to request legislation to require the Audit Division, LCB to conduct an audit of SLAs during the 2018—2019 Interim and forward findings to the Committee. She concluded with a request that the audit of SLAs to be conducted during the current fiscal year to determine whether facilities certified as SLAs are providing services as described under NRS 435.3315. Assemblyman Pickard asked for details relating to the cost and scope of the requested audit.

Rocky Cooper, previously identified, explained there would be no cost as the Audit Division does not bill for services; but he noted that complying with the request would delay initiating other scheduled audits.

Assemblyman Pickard and Senator Hammond questioned whether prioritizing the audit would negatively impact the Audit Division’s workload.

Mr. Cooper assured the Commission that the Division’s reports will be completed in a timely manner.

Assemblywoman Benitez-Thompson stressed the importance and relevance of conducting a timely evaluation of SLAs in light of the serious health and safety violations that have been recently reported. She noted that audit findings could guide potential legislation in the upcoming session.

MOTION: Senator Atkinson moved to approve an audit as requested by the Legislative Committee on Senior Citizens, Veterans, and Adults with Special Needs. The motion was seconded by Assemblywoman Carlton and passed unanimously.

AGENDA ITEM VI—APPOINTMENT OF MEMBER TO NEVADA SILVER HAIRED LEGISLATIVE FORUM

Rick Combs, previously identified, referred to a memorandum requesting an appointment of Mercedes Maharis to the Nevada Silver Haired Legislative Forum (Agenda Item VI) from Senate District 3.

MOTION: Assemblywoman Carlton moved to approve the appointment of Mercedes Maharis to the Nevada Silver Haired Legislative Forum. The motion was seconded by Senator Denis and passed unanimously.

AGENDA ITEM VII—REVIEW OF RECOMMENDATIONS OF THE SUNSET SUBCOMMITTEE OF THE LEGISLATIVE COMMISSION (NRS 252B.250)

Carol M. Stonefield, Deputy Research Director, Research Division, and Policy Analyst, Sunset Subcommittee of the Legislative Commission, drew the Commission’s attention to a draft report of the Sunset Subcommittee (Agenda Item VII). She explained the subcommittee reviewed 23 licensing boards and two additional associated entities.

Ms. Stonefield elaborated on recommendations of the Sunset Subcommittee as follows: (1) continuing three boards without any further reporting or revisions; and (2) continuing 18 boards with additional actions and reporting. Concerning boards, which require additional reporting, Ms. Stonefield cited examples of identified concerns: (1) boards did not have reserve policies for operating expenses; (2) boards’ fee policies require review; (3) boards’ internal fiscal and budgetary controls require review; and (4) boards’ examination requirements and continuing education policies require updates.

Ms. Stonefield outlined the Subcommittee’s recommendations, which will require legislation: (1) three entities are recommended for continuation with statutory revisions; (2) one entity is recommended for termination with functions transferred; (3) recommendation to authorize each board or commission, created in Title 54 (“Professions, Occupations and Businesses”) of NRS to enter into or participate in a contract for the acceptance of credit cards and other electronic transfers of money or to participate in such a contract entered into by the director of the Office of Finance, Office of the Governor; and (4) recommendation to establish an interim study of the operations of the professional and occupational licensing boards during the 2019–2020 Interim.

MOTION: Assemblyman Pickard moved to accept the report from the Sunset Subcommittee and grant authority to the Legal Division of the LCB to determine the number of required BDRs. The motion was seconded by Senator Denis and passed unanimously.

AGENDA ITEM VIII—INFORMATIONAL ITEMS

A. Interim Committee Reports

B. Summary of Quarterly Reports on Disciplinary Action From the Licensing Boards and State Agencies

C. Miscellaneous Reports or Correspondence From State Agencies and Others:

1. Reports on Contracts for Public Works Awarded to Contractors, Applicants or Design-Build Teams Who Receive a Preference in Bidding Pursuant to NRS 338.0117(7):

a. Las Vegas Convention and Visitors Authority

b. Department of Transportation

c. Clark County School District

d. Clark County Water Reclamation District

e. City of Las Vegas

2. Annual Report of City of Sparks Tourism Improvement District Pursuant to NRS 271A.105

3. Storey County, Annual report Regarding economic Diversification District Pursuant to NRS 271B.100

4. Nevada Department of Education, Nevada Educator Code of Ethics Advisory group’s July 2018 Progress Report, Dated June 20, 2018, Pursuant to Assembly Bill 124 (2017)

The members of the Legislative Commission did not have any questions on the informational items.

AGENDA ITEM IX—PUBLIC COMMENT

Chair Frierson called for public comment.

Mona Lisa Samuelson, medical marijuana patient lobbyist, stated her goal to protect those who are sick, injured, and dying. She said these are people who are vulnerable and need legislative protection.

Patti Jesinoski, commented on R056-17, and said there is no reference in the regulation to a discussion of the history of the Pledge of Allegiance. Additionally, she expressed concern about the Sunset Subcommittee’s recommendation that the Legislature explore the idea of central personnel consolidation of Nevada’s professional and occupational licensing boards.

AGENDA ITEM X—ADJOURNMENT

There being no further business to come before the Commission, the meeting was adjourned at 2:37 p.m.

Respectfully submitted,

Janet Coons Manger of Research Policy Assistants

APPROVED BY:

Jason Frierson, Chair Legislative Commission

MEETING MATERIALS

AGENDA ITEM WITNESS/ENTITY DESCRIPTION Agenda Item II A David W. Carter, Member, State Letter Board of Education, District 2 Agenda Item II B Jake Wiskerchen, Chair, Board of Letter Examiners for Marriage and Family Therapists and Clinical Professional Counselors Agenda Item II C Carol Fineberg, resident, Reno, Letter Nevada Agenda Item II D Bill Johnson, Nevada resident Letter Agenda Item II E Patricia Gates, Nevada resident Letter Agenda Item II F John Ridgeway, Las Vegas Letter resident Agenda Item II G Laura Hale, Carson City resident Letter Agenda Item IV A Legal Division, Legislative Counsel State agency Bureau (LCB) regulations to be reviewed Agenda Item IV A-1 Legal Division, LCB Adopted Regulation of the State Environmental Commission, LCB File No. R049-18 Agenda Item IV A-2 Legal Division, LCB Adopted Regulation of the Board of Wildlife Commissioners, LCB File No. R038-18 Agenda Item IV A-3 Legal Division, LCB Adopted Regulation of the Public Utilities Commission of Nevada, LCB File No. R147-17 Agenda Item IV A-4 Legal Division, LCB Adopted Regulation of the Department of Education, LCB File No. R202-18 Agenda Item IV A-5 Legal Division, LCB Adopted Regulations of the State Board of Education, LCB File No. R056-17

Agenda Item IV B Rick Combs, Director, LCB Information regarding session hires for the 2019 Legislative Session Agenda Item V A Rocky Cooper, Legislative Auditor, Request for approval Audit Division, LCB to continue audits Agenda Item VI Rick Combs, Director, LCB Request for new member appointment to Nevada Silver Haired Forum Agenda Item VII Carol M. Stonefield, Deputy Draft summary report Research Director, Research of the Sunset Division, LCB, and Policy Analyst, Subcommittee of the Sunset Subcommittee of the Legislative Legislative Commission Commission

This set of “Minutes of the Legislative Commission” is an informational service. Meeting materials are on file in the Director’s Office of the Legislative Counsel Bureau, Carson City, Nevada.

IV.A. REVIEW OF ADMINISTRATION REGULATIONS

STATE AGENCY REGULATIONS TO BE REVIEWED BY THE LEGISLATIVE COMMISSION

October 25, 2018

REGULATIONS SUBMITTED PURSUANT TO NRS 233B.067: LCB NO. NAC AGENCY/ SUBJECT

2017 REGULATIONS R099-17 388 DEPARTMENT OF EDUCATION A REGULATION revising provisions relating to a safe and respectful environment CONTACT Amber Reid (775) 687-9225 [email protected] 2018 REGULATIONS R016-18 388C/388C/391 STATE BOARD OF EDUCATION A REGULATION establishing provisions governing volunteers CONTACT Steve Canavero (775) 687-9221 [email protected] R051-18 424 DIVISION OF CHILD AND FAMILY SERVICES OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES A REGULATION revising provisions relating to gender expression and identity as it relates to children in foster care CONTACT Laurie Jackson (775) 684-7944 [email protected] BettyJo Heaton ((775) 684-7294 [email protected] R060-18 704 PUBLIC UTILITIES COMMISSION OF NEVADA A REGULATION amending provisions related to resource plans CONTACT Dallas Harris (702) 486-7244 [email protected]

--1-- . R066-18 635 STATE BOARD OF PODIATRY A REGULATION revising provisions related to continuing education CONTACT Carolyn Cramer (775) 789-2605 [email protected] R067-18 635 STATE BOARD OF PODIATRY A REGULATION amending provisions governing unprofessional conduct CONTACT Carolyn Cramer (775) 789-2605 [email protected] R082-18 623A STATE BOARD OF LANDSCAPE ARCHITECTURE A REGULATION revising various provisions CONTACT Ellis L. Antunez (775) 671-3242 [email protected] R083-18 623A STATE BOARD OF LANDSCAPE ARCHITECTURE A REGULATION establishing provisions governing continuing education CONTACT Ellis L. Antunez (775) 671-3242 [email protected] R088-18 391 STATE BOARD OF EDUCATION A REGULATION revising provisions relating to the statewide performance evaluation system for school-level administrators and teachers CONTACT Kathleen Galland-Collins (702) 668-4326 [email protected] R089-18 387/388/389 STATE BOARD OF EDUCATION A REGULATION establishing criteria for a pupil with significant cognitive disability to earn an alternative diploma CONTACT Will Jensen (7752) 687-9146 [email protected] R095-18 62B DIVISION OF CHILD AND FAMILY SERVICES OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES A REGULATION establishing protocols to follow and factors to consider before placing a child in certain placements CONTACT Laurie Jackson (775) 684-7944 [email protected] BettyJo Heaton ((775) 684-7294 [email protected]

--2-- R102-18 450B STATE BOARD OF HEALTH A REGULATION revising provisions related to paramedicine CONTACT Tina Smith (775) 687-7597 [email protected] R122-18 433B DIVISION OF CHILD AND FAMILY SERVICES OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES A REGULATION establishing policies and protocols for children’s mental health and placement of a child CONTACT Laurie Jackson (775) 684-7944 [email protected] BettyJo Heaton ((775) 684-7294 [email protected] R125-18 679B COMMISSIONER OF INSURANCE A REGULATION establishing certain standards for developing and implementing administrative, technical and physical safeguards of customer information CONTACT Sue Bell (775) 687-0704 [email protected] R142-18 484E DEPARTMENT OF MOTOR VEHICLES A REGULATION revising provisions relating to reports required after certain motor vehicle crashes and the security deposit required after a motor vehicle crash in certain circumstances CONTACT Peter Olson (775) 684-4960 [email protected] R151-18 502 BOARD OF WILDLIFE COMMISSIONERS A REGULATION revising provisions related to bighorn sheep and mountain goat tags CONTACT Brian Wakeling (775) 688-1520 [email protected] R152-18 502 BOARD OF WILDLIFE COMMISSIONERS A REGULATION revising the list of protected reptiles CONTACT Jen Newmark (775) 688-1996 [email protected] R167-18 322 STATE LAND REGISTRAR A REGULATION revising provisions related to State land use and fees CONTACT Brenda Swart (775) 684-2735 [email protected]

--3-- REGULATIONS SUBMITTED PURSUANT TO NRS 233B.067 AND DEFERRED AT A PREVIOUS MEETING: LCB NO. NAC AGENCY/ SUBJECT

2017 REGULATIONS R118-17 284 PERSONNEL COMMISSION A REGULATION revising provisions relating to disciplinary actions and transporting employees in certain circumstances CONTACT Michelle Garton (775) 684-0136 [email protected]

--4--

IV.B. AMENDMENT OT THE RULES AND POLICIES OF THE LEGISLATIVE COUNSEL BUREAU PROPOSED REVISIONS TO THE RULES AND

POLICIES OF THE LEGISLATIVE COUNSEL BUREAU

Section 1. Rule No. 7 of the Rules and Policies of the Legislative Counsel Bureau is hereby amended to read as follows:

Rule No. 7 Preliminary drafts: Approval for release. [Preliminary drafts of studies and reports]

Reports from legislative committees and subcommittees created pursuant to statute or resolution or reports prepared as a result of a study or investigation ordered by the Legislative

Commission or for any other legislative business must be approved for release by the Legislative

Commission before they are sent for final printing and distribution. Drafts of bills, reports or other materials considered by a subcommittee in an open meeting may be distributed to interested parties, but any such materials must be conspicuously stamped “PRELIMINARY WORKING DRAFT—

NOT APPROVED BY THE LEGISLATIVE COMMISSION.”

Sec. 2. Rule No. 11.5 of the Rules and Policies of the Legislative Counsel Bureau is hereby amended to read as follows:

Rule No. 11.5 General provisions for travel.

1. Overnight lodging less than 50 miles from a Legislator’s residence or an employee’s principal place of work must be justified in writing and must not be allowed unless:

(a) Inclement weather makes travel difficult;

(b) Late official meetings are required; or

2. The allowances authorized by Rule 12 constitute full compensation for all meals and lodgings, including tips and minor miscellaneous expenses such as local telephone calls from pay booths or hotel rooms. Toll calls should be charged to a telephone credit card, not to a hotel bill

1 unless the numbers called are printed automatically on the billing for verification. In addition, a claimant staying at a hotel or motel that charges a fixed daily rate for having a telephone in the room cannot be reimbursed for this expense if it exceeds the established reimbursement for lodging. If charges for the telephone are based on its usage or activity, the claimant may claim these charges if he details the numbers called and certifies that the calls were made for business or if the numbers called are automatically printed on the billing for verification.

3. A Legislator or an employee of the Legislative Counsel Bureau who uses a private vehicle on state business will be allowed reimbursement from the State for out-of-pocket deductible expenses as a result of an accident under the following circumstances:

(a) Reimbursement for an amount deductible from collision insurance is limited to $200. If no collision insurance is in force, reimbursement is limited to the estimated damages or $200, whichever is less.

(b) Reimbursement for an amount deductible from state group insurance, if industrial insurance does not cover the injury, is limited to the amount deductible per person at the time of the accident, up to the amount not yet satisfied by the employee at the time of the accident.

(1) Manslaughter as a result of operating a vehicle;

(2) Driving under the influence of intoxicating liquor, controlled substance or other drug;

(3) Failure to stop, failure to give information or failure to render assistance in the event of an accident;

(4) Reckless driving;

(5) Careless or imprudent driving;

(6) Passing a school bus while loading or unloading passengers; or

(7) Contest or exhibition of speed. 2

(d) Reimbursement may be refused if the claimant:

(1) Fails to submit a written report to the Director within 5 working days after the accident, unless the report is delayed because of injury. If so delayed, the written report should be submitted as soon as practicable after the accident.

(2) Collects the full amount of damages (including any amounts deductible) from the person responsible for the accident.

(e) To claim deductible expenses, the claimant must submit a written request for reimbursement within 1 year after the accident and attach any supporting documents regarding the accident, including, but not limited to:

(1) Copy of the accident report submitted to the Director.

(2) Copy of the police report, if available.

(3) Copies of at least two estimates for repair.

(4) Any receipts for medical care received as a result of the accident. A statement from the Administrator of the state’s group insurance may be required to substantiate the amount deductible not yet satisfied as of the date of the accident.

(5) Any other documents or information the Director may require regarding the accident.

(f) If the Legislative Counsel Bureau makes any payment, it is entitled to recover what was paid by others on account of the accident for the same injury or damage. If a payment is made to a claimant, he must assign to the Legislative Counsel Bureau his rights of recovery against any other party.

(g) For the purposes of this rule, “accident” means an unplanned happening involving a motor vehicle in motion which results in personal injury, death or damage to property.

[4. Airline travel cards may be issued to:

(a) The Majority and Minority Leaders of the Senate and the Speaker and Minority

Leader of the Assembly;

(b) The Chairman of the Legislative Commission; and

Travel by Legislators authorized by the Legislative Commission or by virtue of membership on a standing committee of the Council of State Governments or the National Conference of

State Legislatures may be charged against one of these cards.

Airline travel cards may also be issued to chiefs of divisions of the Legislative Counsel

Bureau. Authorized travel of members of the staff of the Bureau may be charged against a card held by the appropriate chief of a division.

When he no longer holds the required office or position, a Legislator or a member of the staff shall return any airline travel card that has been issued to him.

5. The Legislative Counsel Bureau’s Accounting Office shall maintain a record of:

(a) Names of Legislators and members of the staff to whom cards have been issued;

(b) Date of issuance;

(d) Date of return or termination of card.]

Sec. 3. Rule No. 16 of the Rules and Policies of the Legislative Counsel Bureau is hereby amended to read as follows:

Rule No. 16 Lobbying; political activities.

1. [Lobbying] Except as otherwise provided in this subsection, lobbying by employees of the Legislative Counsel Bureau is prohibited. Employees shall not frequent the legislative halls, committee rooms or legislative chambers while the Legislature is in session except on

4 official business. [This rule shall not be construed to prohibit the appearance of any employee before a legislative committee at its request or upon the request of any Legislator.] An employee may meet with a legislator or appear before a legislative committee on his or her own behalf if the employee obtains permission from the chief of the division, engages in the communication on his or her own time and appropriately communicates with the legislator or committee, as applicable, that the employee is representing his or her own views.

2. [Employees shall have the right to vote as they choose and to express their political opinions in private, except that no] An employee shall [:

(a) Directly] not directly or indirectly solicit or receive [, or be in any manner concerned in soliciting or receiving, any assessment, subscription, contribution or political service, whether voluntary or involuntary, for any political purpose] any political contribution or political favor from anyone [on any employment list or holding any position with] employed by the Legislative

Counsel Bureau or other entity of State [Merit System.

(b) Engage] Government.

3. Except as otherwise provided in subsection 1, an employee of the Legislative

Counsel Bureau shall not engage in political activity while on duty, while on or around property of the Legislative Counsel Bureau or for the purpose of influencing any type of employment action. The conduct prohibited by this rule includes, without limitation:

(a) Engaging in political activity during the hours of [his] state employment for the purpose of improving the chances of a political party or individual seeking office [, or at any time engage in political activity for the purpose of securing preference for promotion, transfer or salary adjustment.

5 efficiency as an employee.

(d) Serve as an officer in a political party or a partisan campaign committee.

(e) Serve as a delegate to a political convention.

(f) Become a candidate or campaign for or hold elective office at the federal, state or local level.

(g) Display on his person or vehicle or in his assigned work area] ;

(b) Displaying any emblem, sign, badge, banner, device or medium which advocates the election of any partisan candidate or the adoption of any partisan program or public policy [.

(h) Make a speech or publish or cause to be published any material advocating the election of any candidate or the adoption of any partisan program or public policy.

(i) Drive persons to the polls on election day to advance the election of any candidate.

(j) Distribute campaign materials for any candidate or political party.

(k) Work on a voluntary or paid basis on behalf of any candidate or political party.

3.] in a work area, on a vehicle parked in a parking lot or parking garage of the Legislative

Counsel Bureau, or on the employee during working hours or while performing work duties; and

(c) Engaging in political activity for the purpose of securing preference for a promotion, transfer, salary adjustment or any other employment action.

4. Every employee of the Legislative Counsel Bureau has the right to vote as he or she chooses and to express political opinions in private.

5. Notwithstanding any other provision of this section, an employee shall not engage in political activity:

(a) To an extent that impairs the attendance or efficiency of the employee.

(b) That advocates the election or defeat of a partisan candidate or the adoption of any partisan program or public policy in a manner that is detrimental to:

(1) The working relationship between the Legislative Counsel Bureau and legislators, lobbyists, the public or other persons whom it serves; or

(2) The Legislative Counsel Bureau carrying out its responsibilities in a nonpartisan manner.

Legislative Counsel Bureau or otherwise taking any action that would cause a person to believe the employee is acting in his or her official capacity.

6. Employees may communicate with their representatives in the Congress of the

United States, join a political party, make contributions permitted by law to any political party or candidate, and sign petitions on behalf of any candidate or advocate the adoption or rejection of any public policy.

[4.] 7. Nothing in this rule shall be construed to restrict the rights of any person [related by blood or law to] other than an employee of the Legislative Counsel Bureau.

[5.] 8. The political affiliations and opinions of employees shall not be considered in the hiring, promotion, demotion or dismissal of such employees . [as long as those affiliations and opinions are held in conformance with this rule.]

Sec. 4. The Rules and Policies of the Legislative Counsel Bureau are hereby amended by adding thereto a new rule to be designated Rule No. 25.1 to read as follows:

Rule No. 25.1 Use of compensatory leave because of domestic violence.

1. The chief of the division shall approve a request for compensatory time of an employee who is a victim of an act which constitutes domestic violence pursuant to NRS

33.018 or whose family or household member is a victim of such an act which constitutes domestic violence, and the employee is not the alleged perpetrator if:

(a) The employee has been employed in public service for at least 90 days;

(b) The employee has accrued the amount of compensatory time necessary to cover the time requested; and

(c) The combination of all leave taken by the employee for this purpose does not exceed 160 hours in the 12-month period immediately following the date on which the act which constitutes domestic violence occurred.

2. As used in this rule, “family or household member” means a:

(a) Spouse;

(b) Domestic partner;

(d) Parent or other adult person who is related within the first degree of consanguinity or affinity at the time of the act which constitutes domestic violence, or other adult person who is or was actually residing with the employee at the time of the act which constitutes domestic violence.

Sec. 5. The Rules and Policies of the Legislative Counsel Bureau are hereby amended by adding thereto a new subhead designated “Work Schedules and Break Times,” renumbering

Rule No. 58 as Rule No. 26.73 and adding a new rule, designated Rule No. 26.75, to read as follows:

Rule No. 26.75 Break times and place for mother of a child under 1 year of age to express breast milk: Duties of division chiefs.

1. Except as otherwise provided by NRS 281.755, the chief of each division who has an employee who is the mother of a child under 1 year of age shall:

(a) Authorize the employee to take reasonable break times to express breast milk as needed, including, without limitation, modifying the timing of the normal breaks of an employee so that the breaks occur at a time other than in the middle of a 4-hour period of work; and

(b) Provide a place, other than a bathroom, that is reasonably free from dirt or pollution, protected from the view of others and free from intrusion by others.

2. If an employee described in subsection 1 determines that the normal breaks of the employee do not provide sufficient time to express breast milk as needed, the chief of the division shall, except as otherwise provided by NRS 281.755:

(a) Approve the use of accrued annual leave, accrued compensatory time or leave without pay to make up the difference, if any, between the breaks of the employee and the time the employee uses to express breast milk; or

(b) Authorize the employee to modify her work schedule to make up the difference, if any, between the breaks of the employee and the time the employee uses to express breast milk.

3. The chief of the division and any other employee of the Legislative Counsel

Bureau shall not retaliate, or direct or encourage another person to retaliate, against an employee because the employee:

(a) Takes break time or uses the space provided pursuant to subsection 1 or 2 to express breast milk; or

(b) Takes any action to require the Legislative Counsel Bureau or the chief of the division to comply with the requirements of this section, including, without limitation, filing a complaint, testifying, assisting or participating in any manner in an investigation, proceeding or hearing to enforce the provisions of this section.

Sec. 6. Rule No. 27.5 of the Rules and Policies of the Legislative Counsel Bureau is hereby amended to read as follows:

Rule No. 27.5 Vacation credits: Leave without pay; catastrophic leave; receipt of benefits for temporary total disability; computation; part-time employees.

1. Except as otherwise provided in Rule No. 45, an employee does not accrue annual leave during the time he or she is on leave without pay [.] or catastrophic leave.

2. A person who is receiving benefits for a temporary total disability pursuant to chapter 616A, 616B, 616C, 616D or 617 of NRS and makes the election provided in:

(a) Subsection 1 or 3 of NRS 281.390, is entitled to accrue annual leave during the period he or she is receiving those benefits and is being paid an amount of sick leave equal to the difference between his or her normal salary and the benefits received.

(b) Subsection 5 of NRS 281.390, must be placed on leave of absence without pay.

3. An employee who does not have enough sick leave to make up the difference between his or her normal salary and the benefits for temporary total disability must be placed on leave of absence without pay for the period he or she is receiving such benefits and the balance of time not covered by sick leave or other paid leave. Such an employee ceases to be eligible for the accrual of annual leave for the period he receives benefits for temporary total disability and remains on leave of absence without pay as long as he or she is receiving sick leave or has part of his or her sick leave remaining. The employee ceases to be on leave of

10 absence without pay when he or she has exhausted all of his or her sick leave and is not approved for other leave.

4. For the purpose of computing the amount of annual leave to which an employee is entitled, an employee must be considered to work not more than 40 hours each week. If an employee occupies more than one position, he or she must be considered to work not more than

40 hours each week in each position.

5. A part-time employee is entitled to receive prorated annual leave on the basis of his or her rate of accrual for the equivalent of 1 month of full-time service.

6. An employee who holds two or more part-time positions in state service may combine the time from all positions to compute the credit toward annual leave.

Sec. 7. Rule No. 29 of the Rules and Policies of the Legislative Counsel Bureau is hereby amended to read as follows:

Rule No. 29 Determination of vacation times. [The]

1. Except as otherwise provided by the Family and Medical Leave Act, as defined in

Rule No. 32.3, the time when vacation is taken shall be determined by the chiefs of the divisions and the Director after considering the needs of the service and the seniority and wishes of the employees. Annual leave may not be granted in excess of the accumulated annual leave.

2. A written request for annual leave that is submitted by an employee within a reasonable time before the date upon which the annual leave is requested to commence must be approved or denied by the chief of the division, in writing, before the date upon which the annual leave is requested to commence or within 15 days after the chief of the division receives the request, whichever is sooner.

3. Except as otherwise provided in subsection 7, a request for annual leave may be denied for a good and sufficient reason. An employee may not be prohibited from using at least 5 consecutive days of annual leave in any calendar year.

4. An employee shall request annual leave at least 30 days in advance if the need for leave is foreseeable and the annual leave is to be taken in conjunction with a planned leave of absence without pay.

5. An employee who has accumulated both annual leave and compensatory time off, and who may lose annual leave at the end of the calendar year, may elect to use the annual leave instead of the compensatory time for approved leave. In all other instances, compensatory time must, as far as practicable, be exhausted before annual leave is used.

6. An employee who is receiving benefits for a temporary total disability pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS may use his or her accrued annual leave.

7. A request for annual leave of an employee who is a victim of an act which constitutes domestic violence pursuant to NRS 33.018 or whose family or household member is a victim of such an act which constitutes domestic violence, shall be approved if the employee is not the alleged perpetrator and:

(a) The employee has been employed in public service for at least 6 months;

(b) The employee has accrued the amount of annual leave necessary to cover the time requested; and

8. As used in this rule, “family or household member” means a:

(a) Spouse;

(b) Domestic partner;

Sec. 8. The Rules and Policies of the Legislative Counsel Bureau are hereby amended by adding thereto a new subhead designated “Other Types of Leave,” making the subheads “Sick

Leave,” and “Leaves of Absence” sub-subheads and adding a new sub-subhead “General

Provisions” to include new rules, designated Rule Nos. 32.1 to 32.5, inclusive, set forth herein as sections 9 to 15, inclusive.

OTHER TYPES OF LEAVE

GENERAL PROVISIONS

Sec. 9. Rule No. 32.1 Definitions. As used in Rule Nos. 32.1 to 39.5, inclusive, unless the context otherwise requires, the words and terms defined in Rule Nos. 32.2 to 32.5, inclusive, have the meanings ascribed to them in those sections.

Sec. 10. Rule No. 32.2 “Care” defined.

“Care” means the activities performed or attention provided when an employee:

1. Provides psychological comfort and reassurance to his or her spouse, child or parent with a serious health condition who is receiving in-patient or home care;

2. Substitutes for another person who is caring for the employee’s spouse, child or parent who has a serious health condition;

3. Makes arrangements for any change in the care of his or her spouse, child or parent with a serious health condition; or

4. Provides physical or psychological care to his or her spouse, child, parent or other member of his or her immediate family who is unable to provide for his or her own basic medical, hygienic or nutritional needs, safety or transportation to a provider of health care.

Sec. 11. Rule No. 32.25 “Child” defined. “Child” means a person who is:

1. A biological, adopted or foster child, a stepchild, a legal ward or a child of a person standing in loco parentis to that child, meaning a person who has day-to-day responsibilities to care for or financially support the child, regardless of whether there is a biological or legal relationship with the child; and

2. Less than 18 years of age or who is 18 years of age or older and incapable of self- care because of a physical or mental disability at the time the requested family and medical leave is to commence.

Sec. 12. Rule No. 32.3 “Family and Medical Leave Act” defined. “Family and

Medical Leave Act” means the Family and Medical Leave Act of 1993, which is adopted by reference in Rule No. 37.3.

Sec. 13. Rule No. 32.35 “Immediate family” defined. “Immediate family” means:

1. An employee's parents, spouse, children, regardless of age, brothers, sisters, grandparents, great-grandparents, uncles, aunts, nephews, grandchildren, nieces, great- grandchildren and stepparents.

2. If they are living in the employee's household, the employee's father-in-law, mother-in-law, son-in-law, daughter-in-law, grandfather-in-law, grandmother-in-law, great- grandfather-in-law, great-grandmother-in-law, uncle-in-law, aunt-in-law, brother-in-law, sister-in-law, grandson-in-law, granddaughter-in-law, nephew-in-law, niece-in-law, great- grandson-in-law and great-granddaughter-in-law.

3. The employee's next of kin if the employee is entitled to take leave pursuant to the

Family and Medical Leave Act to care for a covered service member.

Sec. 14. Rule No. 32.4 “Parent” defined. “Parent” means a biological, adopted or foster parent or stepparent of an employee or a person who stood in loco parentis to the employee when the employee was a child, meaning the person had day-to-day responsibilities to care for or financially support the employee as a child, regardless of whether the person had a biological or legal relationship with the employee. The term does not include a parent of the spouse of an employee.

Sec. 15. Rule No. 32.5 “Provider of health care” defined. “Provider of health care” means:

1. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state or country in which the doctor practices.

2. A podiatric physician, a dentist, a clinical psychologist, an optometrist or a chiropractor who is authorized to practice as a podiatric physician, a dentist, a clinical psychologist, an optometrist or a chiropractor by the state or country in which he or she practices and who is performing within the scope of his or her practice as defined by the law of that state or country.

3. A nurse practitioner, nurse midwife, physician assistant or clinical social worker who is authorized to practice as a nurse practitioner, nurse midwife, physician assistant or clinical social worker by the state or country in which he or she practices and who is performing within the scope of his or her practice as defined by the law of that state or country.

4. A practitioner in Christian Science who is listed with The First Church of Christ,

Scientist, in Boston, Massachusetts. The list of practitioners may be obtained from the

Christian Science Committee on Publication for Nevada, 3155 Holly Lane, Carson City,

Nevada 89704, by telephone at (775) 230-2513, by electronic mail at [email protected] or on the online directory located at www.christianscience.com.

5. A provider of health care listed above who practices in a country other than the

United States, who is authorized to practice in accordance with the law of that country and who is performing within the scope of his or her practice.

6. A provider of health care, as defined in NRS 629.031, acting within the scope of his or her license or certificate whose certification of the existence of a serious health condition is acceptable to substantiate a claim for benefits under the Public Employees'

Benefits Program.

Sec. 16. Rule No. 33.5 of the Rules and Policies of the Legislative Counsel Bureau is hereby amended to read as follows:

Rule No. 33.5 Sick leave: Leave without pay; catastrophic leave; receipt of benefits for temporary total disability; computation.

1. Except as otherwise provided in Rule No. 45, an employee does not accrue sick leave during the time he or she is on leave without pay [.] or catastrophic leave.

2. A person who is receiving benefits for a temporary total disability pursuant to chapter 616A, 616B, 616C, 616D or 617 of NRS and:

(a) Makes the election provided in subsection 1 or 3 of NRS 281.390 is entitled to accrue sick leave during the period he or she is receiving those benefits and is being paid an amount of sick leave equal to the difference between his or her normal salary and the benefits received.

(b) Makes the election provided in subsection 5 of NRS 281.390 must be placed on leave without pay.

3. An employee who does not have enough sick leave to make up the difference between his or her normal salary and the benefits for temporary total disability must be placed on leave without pay for the period he or she is receiving such benefits and the balance of time not covered by sick leave or other paid leave. [Such an employee ceases to be eligible for the accrual of sick leave for the period he receives benefits for temporary total disability and remains on leave without pay as long as he is receiving sick leave or has part of his sick leave remaining.

The employee ceases to be on leave without pay when he has exhausted all of his sick leave and is not approved for other leave. The provisions of this subsection do not limit or otherwise restrict the qualified use of family and medical leave as a result of the employee’s serious health condition.]

4. For the purpose of computing the amount of sick leave to which an employee is entitled, an employee must be considered to work not more than 40 hours each week. If an employee occupies more than one position, he or she must be considered to work not more than

40 hours each week in each position.

Sec. 17. Rule No. 34 of the Rules and Policies of the Legislative Counsel Bureau is hereby amended to read as follows:

Rule No. 34 Accumulation of sick leave. After an employee has accumulated 90 working days of sick leave credit, the amount of additional unused sick leave credit which he is entitled to carry forward from [1] one year to the next is limited to one-half of the unused sick leave accrued during that year. The remaining one-half of the unused sick leave over 90 days which accrues must be placed in a separate account and may be used if the employee:

1. Suffers from a disease or ailment that is a lasting condition for a period of months or years, cannot be easily corrected within a short time and generally is not of a temporary disabling or incapacitating nature; or

2. Has used all the sick leave otherwise available and is not qualified for [additional leave for maternity.] any other leave.

Sec. 18. Rule No. 36 of the Rules and Policies of the Legislative Counsel Bureau is hereby amended to read as follows:

Rule No. 36 Conditions for use of sick leave.

1. [An] Except as otherwise provided in subsection 3, an employee is entitled to use sick leave only when the employee:

(a) Is [incapacitated] unable to perform the duties of his or her position because of sickness, injury or other medical condition;

(b) Is physically incapacitated due to pregnancy or childbirth and is therefore unable to perform the duties of the position of the employee;

[(c)] (d) Is receiving required medical or dental services;

[(d)] (e) Is receiving required medical counseling through an employee assistance program for a condition which would otherwise qualify pursuant to the provisions of this rule;

[(e)] (f) Is using maternity leave pursuant to Rule 38; or

[(f)] (g) Has an illness, death or other serious health condition in his or her immediate family and he or she complies with the requirements of subsection 2 . [or 3.]

2. Except as otherwise provided in this subsection, if an illness [in] of a member of an employee’s immediate family requires [his] the attendance [,] of the employee, he or she is entitled to use sick leave [The leave taken pursuant to this subsection must be recorded as family sick leave.] to attend to the member of his or her family. The provisions of this subsection do not limit or otherwise restrict the additional use of accumulated sick leave [as family sick leave] if the employee qualifies for [family and medical leave pursuant to Rule 37.5 as a result of the serious health condition of his child, spouse or parent.

3. In the event of a death in the employee’s immediate family, he may use sick leave not to exceed 5 days for each death.

4. The provisions of this rule do not limit or otherwise restrict the additional use of family and medical leave pursuant to Rule 37.5 if the employee qualifies for its use as a result of the employee’s serious health condition or the serious health condition of his child, spouse or parent. 5. For the purposes of this rule, “immediate family” means persons within the third degree of consanguinity or affinity and adopted or foster children.] leave pursuant to the Family and Medical Leave Act.

3. The chief of the division shall approve a request for sick leave of an employee who is a victim of an act which constitutes domestic violence pursuant to NRS 33.018 or whose family or household member is a victim of such an act which constitutes domestic violence, and the employee is not the alleged perpetrator if:

(a) The employee has been employed in public service for at least 90 days;

(b) The employee has accrued the amount of sick leave necessary to cover the time requested; and

4. As used in this rule, “family or household member” means a:

(a) Spouse;

(b) Domestic partner;

Sec. 19. The Rules and Policies of the Legislative Counsel Bureau are hereby amended by adding thereto new rules, designated Rule Nos. 36.3 and 36.5, following Rule No. 36, set forth herein as sections 20 and 21.

Sec. 20. Rule No. 36.3 Sick leave: Illness in employee's immediate family.

1. Except as otherwise provided in this section, if an employee is needed to provide care for a member of his or her immediate family with an illness or other authorized medical need, the employee may use his or her accumulated sick leave, not to exceed 120 hours in any calendar year. An employee is not subject to this 120-hour limitation if the leave is approved under the Family and Medical Leave Act.

2. The chief of the division may approve an exception to the 120-hour limitation or the requirement that the immediate family member be living in the employee's household. To obtain an exception, the employee must submit a request in writing, accompanied by a certification from a provider of health care that substantiates the need for the employee's participation.

3. The chief of the division may require the employee to submit supplemental information which includes a second and third medical opinion as provided in Rule No. 37.

Sec. 21. Rule No. 36.5 Sick leave or catastrophic leave for death in employee’s immediate family.

1. Except as otherwise provided by subsection 2, if a member of the employee's immediate family dies, the employee may use his or her accumulated sick leave, or request approval for catastrophic leave pursuant to Rule No. 39.2, not to exceed 5 working days for each death.

2. If a reasonable amount of additional time is needed for traveling related to funeral arrangements, the Director shall approve an exception to allow additional time.

3. As used in this section, “immediate family” means the employee's parents, spouse, children, brothers, sisters, grandparents, great-grandparents, uncles, aunts, nephews, grandchildren, nieces, great-grandchildren, father-in-law, mother-in-law, son-in-law, daughter-in-law, grandfather-in-law, grandmother-in-law, great-grandfather-in-law, great- grandmother-in-law, uncle-in-law, aunt-in-law, brother-in-law, sister-in-law, grandson-in- law, grand-daughter-in-law, nephew-in-law, niece-in-law, great-grandson-in-law, great- granddaughter-in-law, stepparents and stepchildren.

Sec. 22. Rule No. 37 of the Rules and Policies of the Legislative Counsel Bureau is hereby amended to read as follows:

Rule No. 37 Approval or requirement of sick leave.

1. The chiefs of the divisions shall approve sick leave only after having ascertained that the absence was for an authorized reason. For absences in excess of 3 days, or cases of

[apparent] suspected abuse, they may require an employee to submit substantiating evidence, including, but not limited to, a [physician’s] certificate [.] from a provider of health care of the need for the absence.

2. [If an abuse is suspected where the employee has provided medical certification,]

For absences for which medical certification is required, the chief of the division may require the employee to provide a second medical opinion.

3. If a second medical opinion is required, the chief of the division will select a qualified [physician ] provider of health care to examine the employee. The division must pay for the examination. The second [physician] provider of health care shall certify as to the ability of the employee to perform his or her duties and responsibilities and when [he] the provider of health care believes the employee can return to work. If the second opinion is regarding an immediate family member of the employee, the provider of health care shall certify as to the health condition of the family member, the probable duration of the health condition and incapacity, and the need for the employee’s assistance or presence. A copy of [the certificate] each opinion must be provided to both the employee and the [appointing authority.

4. The chief of a division may place an employee on sick leave if, because of a known or suspected illness, the employee is not performing work of the quality or quantity required by his position or the illness is such that it appears to be contagious.] chief of the division. If the

22 first and second opinions from providers of health care differ, the chief of the division may require the employee to provide a third medical opinion.

4. If a third medical opinion is required, an employee shall obtain the opinion from a provider of health care approved jointly by the employee and the chief of the division. If necessary, a list of three providers of health care from which the selection must be made may be requested from the medical society of the county in which the employee or, if applicable, the member of his or her immediate family, resides or works. If such a list is used, the selection of the third provider of health care must be made by the employee and chief of the division alternately striking one name off the list. The third opinion is final and binding. The division shall pay for the third opinion.

5. An employee shall request sick leave at least 30 days in advance if the need for leave is foreseeable and the sick leave is to be taken in conjunction with a planned leave of absence without pay.

6. The chief of a division may require a statement from a provider of health care that an employee is able to resume work if the requirement is related to the employee's ability to perform one or more of the essential functions of his or her position.

7. Except as otherwise provided in NRS 281.390, the Director or chief of the division may require an eligible employee to use sick leave during any time in which he or she is taking leave pursuant to the Family and Medical Leave Act.

Sec. 23. The Rules and Policies of the Legislative Counsel Bureau are hereby amended by adding thereto a new rule, designated Rule No. 37.1, to read as follows:

Rule No. 37.1 Sick leave: Placing employee on sick leave; conditions for return to work.

1. The Director or chief of the division may place an employee on sick leave if:

(a) Due to a known or suspected illness or injury, the employee is not performing at the level required by his or her position or is not able to perform the essential functions of the position with or without reasonable accommodation, as determined by the Director or chief of the division; or

(b) The illness appears to be contagious.

2. If the chief of the division places the employee on sick leave pursuant to subsection

1, the Director or chief of the division may require the employee, before the employee may return to work, to provide documentation from a provider of health care which verifies that the employee is medically able to perform the essential functions of the job with or without reasonable accommodation and does not have a contagious illness.

Sec. 24. The Rules and Policies of the Legislative Counsel Bureau are hereby amended by adding a new sub-subhead designated “Family and Medical Leave” to include Rule Nos. 37.3 to 38.5, inclusive, and adding new rules, to be designated Rule Nos. 37.3, 37.5 and 37.7 set forth herein as sections 25, 26 and 27.

FAMILY AND MEDICAL LEAVE

Sec. 25. Rule 37.3 Adoption by reference of federal law and regulations.

1. The Legislative Commission hereby adopts by reference the Family and Medical

Leave Act of 1993, Public Law 103-3, as amended, for the purpose of administering and granting leave pursuant to that Act.

2. A copy of the Family and Medical Leave Act may be obtained at no charge from the United States Government, Wage and Hour Division, 333 Las Vegas Boulevard, Suite

5520, Las Vegas, Nevada 89101, telephone (702) 388-6001.

Sec. 26. Rule No. 37.5 Family and medical leave: Maximum amount; eligibility; use.

1. Except as otherwise provided in subsection 2, an employee who is entitled to take leave pursuant to the Family and Medical Leave Act is limited to a total of 12 weeks of such leave during a rolling 12-month period. The rolling 12-month period is measured backward from the date an employee uses any leave pursuant to the Family and Medical Leave Act.

2. An employee who is entitled to take leave pursuant to the Family and Medical

Leave Act to care for a covered service member is limited to a total of 26 weeks of such leave during a single 12-month period.

3. To calculate eligibility for leave pursuant to the Family and Medical Leave Act, each hour that an employee is in paid status in the 12-month period immediately preceding the leave must be considered as time worked.

Sec. 27. Rule No. 37.7 Use of paid leave and unpaid leave; absence for work- related injury; leave compensated from a disability benefit plan.

1. Except as otherwise provided in subsections 2 and 3, an employee who meets the requirements for eligibility for and who is taking leave pursuant to the Family and Medical

Leave Act must exhaust all the accrued sick leave, accrued annual leave, accrued compensatory time and catastrophic leave that the employee is eligible to use based on the nature of the absence before using leave without pay. Any accrued sick leave, accrued annual leave, accrued compensatory time, catastrophic leave and holiday pay to which the employee is entitled to take runs concurrently with the leave granted pursuant to the Family and Medical

Leave Act if the employee is otherwise eligible for that sick leave, annual leave, compensatory leave or holiday pay.

2. If an employee is absent from work as the result of a work-related injury or illness and meets the requirements for eligibility for leave due to a serious health condition pursuant to the Family and Medical Leave Act:

(a) Any amount of time that the employee is absent from work during that period will be designated as leave pursuant to the Family and Medical Leave Act; and

(b) The employee may elect to use paid leave or leave without pay for the portion of time that he or she is not being compensated for the work-related injury or illness.

3. If an employee is absent from work as the result of an injury or illness that is not work-related, the employee is receiving compensation for the injury or illness from a disability benefit plan and the employee meets the requirements for eligibility for leave due to a serious health condition pursuant to the Family and Medical Leave Act:

(a) Any amount of time that the employee is absent from work during that period will be designated as leave pursuant to the Family and Medical Leave Act; and

(b) The employee may use paid leave for the time that the employee is being compensated for the injury or illness that is not work-related if the employee has entered into an agreement with the with the Legislative Counsel Bureau to use the paid leave. If the employee and the Legislative Counsel Bureau have not entered into such an agreement, the employee may not elect to use and the Legislative Counsel Bureau may not require the employee to use paid leave for that time.

4. If an employee who is a victim of an act which constitutes domestic violence pursuant to NRS 33.018 or whose family or household member is a victim of such an act which constitutes domestic violence, and the employee is not the alleged perpetrator, is absent from work and meets the requirements for eligibility pursuant to the Family and Medical

Leave Act, any amount of time that the employee is absent from work during that period will be designated as leave pursuant to the Family and Medical Leave Act.

5. The Legislative Counsel Bureau may require an employee to provide medical or other appropriate documentation to support his or her need for leave pursuant to the Family and Medical Leave Act.

Sec. 28. Rule No. 38 of the Rules and Policies of the Legislative Counsel Bureau is hereby amended to read as follows:

Rule No. 38 Maternity leave.

1. A maternity leave may be taken [2 weeks before the expected birth date of the child and may extend to 4] for up to 6 weeks after the actual birth date of the child. Exceptions may be made as to when leave begins or ends if approval by the chief of the division, the employee’s personal physician or a physician designated by the chief of the division and the Director is obtained. If the employee is also entitled to leave pursuant to the Family and Medical Leave

Act, maternity leave runs concurrently with any leave taken pursuant to the Family and

Medical Leave Act.

2. An employee may use accumulated sick leave as maternity leave regardless of the type of delivery or results of pregnancy. [The chief of the division may require the employee to exhaust her accumulated sick and annual leave before granting family and medical leave without pay for the employee’s convalescence as a result of the employee’s serious health condition.

3. Additional maternity leave must not be used for infant care or for the conditions of pregnancy which do not incapacitate the employee from duty although other types of leave may be available as described elsewhere in these rules.

4.]

3. The fact that an employee is pregnant will not jeopardize [an] the employee’s job or seniority.

[5. All]

4. A request for maternity leave [requests] must contain a signed statement by the employee of her intention to return to her job at the earliest possible time in accordance with her physician’s decision, unless child-rearing leave is approved pursuant to Rule 38.5 or [family and medical leave to care for the child is granted pursuant to Rule 37.5.

6. In every case, an employee shall submit a written report from her physician as to the anticipated dates of absences, and a second report stating that she is physically able to return to work as of a given date.

7. The provisions of this rule do not limit or otherwise restrict the additional use of family and medical leave if the employee qualifies for its use as a result of the employee’s serious health condition.] leave is granted pursuant to the Family and Medical Leave Act.

Sec. 29. Rule No. 38.5 of the Rules and Policies of the Legislative Counsel Bureau is hereby amended to read as follows:

Rule No. 38.5 Child-rearing leave.

1. An employee who is the parent of a newborn child may request child-rearing leave to allow the employee to care for the child in the home [for the period] following the birth of the child. An employee who is the new parent of an adopted child or child placed with the employee for foster care may request child-rearing leave to allow the employee to care for the child in the home [for the period] following the placement of a child for adoption or foster care. If the employee is the natural mother of a newborn child, the leave may commence no earlier than at

28 the completion of maternity leave taken pursuant to Rule 38. In all other cases the leave may commence:

(a) In the case of the birth of a child, on or after the date of birth of the child.

(b) In the case of a child placed with the employee for adoption or foster care, on or after the date of the placement or when an absence from work is required for the placement to proceed for such occasions as counseling sessions, consultations with an attorney or court appearances, whichever occurs earlier.

 2. Child-rearing leave, if approved, must end not more than 12 months after the date of birth or placement of the child. If, in addition to any requested child-rearing leave, [family and medical] the employee will take leave [will be taken] pursuant to [Rule 37.5] the Family and

Medical Leave Act to care for the newborn child or newly placed child, the maximum amount of child-rearing leave which may be approved is the difference between the [length of family and medical] leave [to be] taken pursuant to the Family and Medical Leave Act and [6] 12 months.

[2.] 3. An employee is not entitled to child-rearing leave unless it is approved by the chief of the division and, thereafter, by the Director. In determining whether to approve child- rearing leave, the chief of the division and the Director shall consider, in addition to any other relevant factors, the effect of the employee’s absence on the ability of the division and the

Legislative Counsel Bureau to carry out their duties. A decision by either the chief or the

Director to deny childrearing leave is discretionary and may not be appealed.

[3.] 4. If a request by an employee for child-rearing leave is approved, the employee must use accumulated compensatory time or annual leave for the child-rearing leave. If the employee exhausts all compensatory time and annual leave, the employee must take leave without pay for the remainder of the approved child-rearing leave.

Sec. 30. The Rules and Policies of the Legislative Counsel Bureau are hereby amended by adding thereto a new sub-subhead designated “Catastrophic Leave” to include Rule Nos. 39.1 to 39.5, inclusive.

Sec. 31. Rule No. 39.1 of the Rules and Policies of the Legislative Counsel Bureau is hereby amended to read as follows:

CATASTROPHIC LEAVE

Rule No. 39.1 Creation of Account for Catastrophic Leave; transferal of leave to Account.

1. The Director may establish an Account for Catastrophic Leave.

2. If such an account is established, an employee may request, in writing, that a specified number of hours of his or her accrued annual or sick leave be transferred from his or her account to the Account for Catastrophic Leave.

3. An employee may not transfer to the Account for Catastrophic Leave any hours of sick leave if the balance in his or her account after the transfer is less than 240 hours.

4. The maximum number of hours which may be transferred in any [1] one calendar year is 120. [The minimum number of hours which may be transferred in any 1 calendar year is

8.] Donated hours must be donated in increments of 8 hours.

5. The employee may transfer hours to the Account for Catastrophic Leave for use by a particular employee who is eligible to receive them.

[5.] 6. Hours of leave transferred in excess of the amount approved for use by a particular employee must be returned to the employee’s account from which the hours originated within 30 working days after the last day on which the recipient was eligible to receive catastrophic leave. If the employee who donated the hours is separated from employment with the Legislative Counsel Bureau before the excess hours of leave are restored

30 pursuant to this subsection, the excess leave must be transferred to the Account for

Catastrophic Leave.

7. An employee may not transfer any hours of leave to the Account for Catastrophic

Leave on the date his or her employment is terminated.

[6.] 8. Any hours of annual or sick leave which are transferred from any employee’s account to the Account for Catastrophic Leave and not designated for use by a particular employee may not be returned or restored to [that] the account of the employee [.] who donated the hours. This subsection does not prevent the employee from receiving leave pursuant to Rule

No. 39.2.

Sec. 32. Rule No. 39.2 of the Rules and Policies of the Legislative Counsel Bureau is hereby amended to read as follows:

Rule No. 39.2 Request for transferal of leave from Account for Catastrophic Leave.

1. An employee who is affected by a catastrophe and has used or is about to use all of his or her leave may request, in writing, that a specified number of hours of leave be transferred from the Account for Catastrophic Leave to [his] the employee’s account [.] for his or her personal use after the balance of all of the employee’s leave has been used. The maximum number of hours that may be transferred to an employee pursuant to this section is 1,040 in any

[1] calendar year.

2. The request must include:

(a) The employee’s name, division and title; [and]

(b) A description of the catastrophe and the expected duration of leave required for that catastrophe [.] ; and

3. When a member of the immediate family of an employee is affected by a catastrophe, the chief of the division or Director may require substantiating evidence that the member of the immediate family requires the employee's attendance before approving the transfer of leave to an account for use by the employee. Such evidence may include a statement by an attending physician regarding the status of the catastrophe.

4. An employee may not receive any leave from the Account for Catastrophic Leave until [he] the employee has used all of his or her accrued annual, sick and compensatory leave.

[4.] 5. An employee who receives leave from the Account for Catastrophic Leave is entitled to payment for that leave at a rate not greater than his or her own rate of pay.

6. An employee does not accrue annual leave or sick leave while on catastrophic leave.

Sec. 33. Rule No. 39.3 of the Rules and Policies of the Legislative Counsel Bureau is hereby amended to read as follows:

Rule No. 39.3 Transferal of leave from Account for Catastrophic Leave.

1. The Director may approve the transfer of a specified number of hours of leave from the Account for Catastrophic Leave to the account of any employee who the Director determines is eligible to receive such leave.

2. An employee who experiences a death in the employee’s immediate family may request a transfer of leave from the Account for Catastrophic Leave to the account of the employee pursuant to Rule No 36.5 for the amount of time authorized pursuant to that rule.

3. The Director shall consider the nature of the catastrophe and the expected duration of the leave in determining whether to approve a request for catastrophic leave.

4. An employee who has used hours from the Account for Catastrophic Leave may:

(a) Voluntarily repay the Account for those hours; or

(b) Be required to repay the Account when the combined benefit of catastrophic leave and any workers’ compensation benefits to which the employee is entitled exceed the employee’s normal rate of pay.

5. The amount required to repay the hours from the Account for Catastrophic Leave must be based on the employee’s normal rate of pay at the time the employee used the hours.

6. The decision of the Director concerning the approval of leave pursuant to subsection

1 or 2 is final and is not subject to review by the Legislative Commission or to judicial review.

Sec. 34. Rule No. 39.4 of the Rules and Policies of the Legislative Counsel Bureau is hereby amended to read as follows:

Rule No. 39.4 Termination of catastrophe leave.

1. The Director shall review the status of the employee regarding the catastrophe and determine when the need to take leave for the catastrophe no longer exists.

2. The Director shall not grant any hours of leave from the Account for Catastrophic

Leave after:

(a) The need to take leave for the catastrophe ceases to exist; or

(b) The employee who is receiving the leave resigns or his or her employment with the

Legislative Counsel Bureau is terminated.

3. Any leave which the employee received from the Account for Catastrophic Leave which was not used at the time the need to take leave for the catastrophe ceases to exist or upon

33 the resignation or termination of the employment of the employee must be returned to the

Account for Catastrophic Leave.

Sec. 35. Rule No. 39.5 of the Rules and Policies of the Legislative Counsel Bureau is hereby amended to read as follows:

Rule No. 39.5 [“Catastrophe” defined.] Definitions. As used in Rules Nos. 39.1 to [39.4,]

39.5, inclusive [, “catastrophe” means]: :

1. [The] “Catastrophe” means the employee is unable to perform the duties of his or her position because [of] :

(a) There is a serious illness or accident which is life threatening or which will require a lengthy convalescence [;

2.] by the employee;

(b) There is a serious illness or accident which is life threatening or which will require a lengthy convalescence in the employee’s immediate family; or

[3.] (c) There is a death in the employee’s immediate family.

[ The Director shall construe the provisions of this section to ensure that the term

“catastrophe” is limited to serious calamities.]

2. “Immediate family” means the employee's parents, spouse, children, brothers, sisters, grandparents, great-grandparents, uncles, aunts, nephews, grandchildren, nieces, great-grandchildren, father-in-law, mother-in-law, son-in-law, daughter-in-law, grandfather- in-law, grandmother-in-law, great-grandfather-in-law, great-grandmother-in-law, uncle-in- law, aunt-in-law, brother-in-law, sister-in-law, grandson-in-law, grand-daughter-in-law, nephew-in-law, niece-in-law, great-grandson-in-law, great-granddaughter-in-law, stepparents and stepchildren.

3. “Lengthy convalescence” means a period of disability which an attending physician expects to exceed 10 consecutive weeks.

4. “Life threatening” means a condition which is diagnosed by a physician as creating a substantial risk of death.

Sec. 36. Rule No. 45 of the Rules and Policies of the Legislative Counsel Bureau is hereby amended to read as follows:

Rule No. 45 Leaves of absence without pay; use of accumulated annual leave; state financial emergencies.

1. Except as otherwise provided in this rule, all employees taking authorized leave without pay shall use all accumulated annual leave before the effective date of the leave without pay.

2. The provisions of subsection 1 of this rule do not apply to employees of the Legislative

Counsel Bureau who take authorized leave without pay:

(a) To become employees of the Legislature during regular and special sessions.

(b) In the event of a state financial emergency declared by the Legislative Commission.

3. An employee may take leave without pay in the event of a state financial emergency only if the Legislative Commission has declared the emergency and the leave is authorized by the chief of the division and the Director. An employee who takes leave without pay in the event of a state financial emergency continues to accrue annual leave and sick leave during the time he is on leave without pay.

4. An employee must not be required to take leave without pay pursuant to subsection 3.

5. The Director or chief of the division shall grant leave without pay, upon request, to an employee who is a victim of an act which constitutes domestic violence pursuant to NRS

33.018 or whose family or household member is a victim of such an act which constitutes domestic violence, and the employee is not the alleged perpetrator if:

(a) The employee has been employed in public service for at least 90 days; and

(b) The combination of all leave taken by the employee for this purpose, including, without limitation, sick leave, annual leave, compensatory time and leave without pay, does not exceed 160 hours in the 12-month period immediately following the date on which the act which constitutes domestic violence occurred.

6. As used in this rule, “family or household member” means a:

(a) Spouse;

(b) Domestic partner;

Sec. 37. The Rules and Policies of the Legislative Counsel Bureau are hereby amended by adding thereto a new subhead designated “Reasonable Accommodations for Victims of

Domestic Violence,” to include a new rule designated Rule No. 48.5, to read as follows:

Rule No. 48.5 Requirements for employees to receive accommodations.

1. Except as otherwise provided in subsection 2, if an employee is a victim of an act which constitutes domestic violence pursuant to NRS 33.018 or the family or household member of an employee is a victim of such an act which constitutes domestic violence, and the employee is not the alleged perpetrator, the Director or the chief of the division shall, upon the request of the employee, provide reasonable accommodation to the employee.

2. Reasonable accommodation provided pursuant to this section must not cause an undue hardship to the operations of the division and must be deemed by the Director or the chief of the division to ensure the safety of the employee, the workplace, the employer or other employees. Such accommodation may include, without limitation:

(a) Relocating the employee, including, without limitation, providing a different work area for the employee or changing the location to which the employee reports;

(b) Modifying the schedule of the employee; or

3. As used in this rule, “family or household member” means a:

(a) Spouse;

(b) Domestic partner;

Sec. 38. Rule Nos. 2, 3, 12.5, 37.5 and 61 of the Rules and Policies of the Legislative

Counsel Bureau are hereby removed.

TEXT OF REMOVED SECTIONS

Rule No. 2 Meetings of the Legislative Commission; records.

1. Copies of tentative agendas and other materials for meetings of the Legislative Commission shall be mailed to members of the Legislative Commission at least 1 week prior to Legislative Commission meetings. 2. Minutes of Legislative Commission meetings and indices thereto shall be prepared and distributed to all members of the Legislature as soon as practicable after each meeting. 3. All meetings of the Legislative Commission shall be sound-recorded and the recordings retained in the files of the Legislative Counsel Bureau. 4. News releases shall be made after the meeting for all meetings which are not attended by the public or members of the press. 5. No information shall be released other than that contained in the open record of minutes of the Legislative Commission except through the Chairman or with his express permission.

Rule No. 3 Appearances before meetings of Legislative Commission; written statements. 1. No person, except an authorized member of the staff of the Legislative Counsel Bureau, may appear before a meeting of the Legislative Commission without prior consent by the Chairman of the Legislative Commission. 2. Unless otherwise ordered by the Chairman of the Legislative Commission, witnesses and other persons appearing before a meeting of the Legislative Commission, except authorized members of the staff of the Legislative Counsel Bureau, shall file written statements with the Director in advance of their appearance. Testimony must generally be limited to an oral summary of the written statement.

Rule No. 12.5 Telephone cards. 1. Except for Legislators during a regular or special session of the Legislature, telephone credit cards may be issued to: (a) The Director of the Legislative Counsel Bureau; (b) Chiefs of divisions within the Legislative Counsel Bureau; (c) The Majority and Minority Leaders of the Senate and the Speaker and Minority Leader of the Assembly;

(d) Members of the Legislative Commission; (e) Members of the Interim Finance Committee; and (f) Chairmen of committees or subcommittees created by resolution, statute, or authority of the Legislative Commission. The Director of the Legislative Counsel Bureau shall designate those members of the staff to be issued telephone cards, as determined by their duties. 2. When he no longer holds the required office or position, a Legislator or a member of the staff shall return any telephone card that has been issued to him. 3. The Legislative Counsel Bureau’s Accounting Office shall maintain a record of: (a) Names of Legislators and members of the staff to whom cards have been issued; (b) Date of issuance; (c) Card number; and (d) Date of return or cancellation of card.

Rule No. 37.5 Family and medical leave. 1. An employee who has: (a) Worked for the State of Nevada for at least 12 months; and (b) Worked at least 1,250 hours during the 12-month period immediately preceding the leave, is entitled to a total of 12 workweeks of unpaid family and medical leave during each calendar year. 2. Family and medical leave may only be used for one or a combination of the following reasons: (a) To provide care for an employee’s newborn child; (b) To make arrangements for the placement of a child for adoption or foster care with the employee and to care for that child after its placement with the employee; (c) To provide care for the employee’s spouse, child or parent which is necessary as a result of a serious health condition; or (d) The employee is unable to perform the functions of his or her position as a result of the employee’s own serious health condition. 3. When the leave is concluded, the employee must be reinstated to the same or an equivalent job. The leave may be taken over a single period, intermittently or on a schedule which reduces the employee’s customary workweek. If the employee requests intermittent leave or leave to create a reduced workweek, the Director may require the employee to transfer temporarily to an available alternative position. 4. The provisions of Public Law 103-3, commonly known as the Family and Medical Leave Act of 1993, and any regulations adopted pursuant thereto by the United States Department of Labor are hereby adopted by reference and apply to the administration and use of family and medical leave granted pursuant to this rule. The Director shall adopt and distribute to each employee comprehensive guidelines for employees and their supervisors regarding the availability of family and medical leave, the requirements regarding notice and medical certification, job restoration, maintenance of health benefits, continuity of participation in the Public Employees’ Retirement System, the substitution of paid leave and catastrophic leave, recordkeeping, confidentiality of records and other related information. 5. The Director shall cause to be posted and maintained the required federal notice (WH Publication 1420) explaining the provisions of the Family and Medical Leave Act of 1993. 6. When an employee provides notice of the need for family and medical leave, the chief of the division shall provide the employee with a written notice which sets forth the specific expectations and obligations of the employee regarding: (a) The required use, if any, of accumulated sick, annual or compensatory leave before the employee is entitled to use family and medical leave. 39

(b) The fact that the usual premium for the employee’s health insurance will continue to be paid by the Legislative Counsel Bureau during the employee’s use of family and medical leave, but that the employee is responsible for payment of premiums for the coverage of dependents and for any other coverage or portion thereof which is customarily paid by the employee. The fact that premiums normally paid by the employee through payroll deduction must be made directly to the Administrator of the plan and that if such payments are not made in a timely manner, an interruption in coverage could occur. The fact that if the employee does not return to work for at least 30 calendar days after the family and medical leave has been exhausted or expires, the Legislative Counsel Bureau will recover from the employee the contribution it made for the employee’s health insurance during the leave. (c) The initial and subsequent medical certification which must be provided by the employee, if applicable. (d) The manner in which the employee’s retirement contributions will be paid during any period of unpaid leave. (e) The fact that while on unpaid leave the employee will not accrue sick or annual leave, but that the employee’s record of service for retirement purposes will continue unbroken during the period of unpaid family and medical leave. (f) Any other information which he deems appropriate.

Rule No. 61 Orientation program. The Director shall develop an orientation program for Legislators to be scheduled at convenient times prior to the commencement of or during each session of the Legislature. Orientation materials shall be mailed to legislators in advance of the orientation program or programs.

IV.C. RECOMMENDATIONS FOR THE ELIMINATION OF OBSOLETE OR REDUNDANT REPORTS TO THE LEGISLATURE AND THE REVISION OF REPORTING REQUIREMENTS (NRS 218D.385)

10/22/2018 REPORTS TO LEGISLATURE OR LEGISLATIVE COMMITTEES OR LCB DIRECTOR (Excluding K-12 Education Reports)

NRS Reporting Entity Subject of Report Due Date Receiving Entity Year Notes Citation Enacted 1.360(10) Administrative Office Case statistics for district and Annual – due LCB Director 1999 Amended A.B. of the Courts (AOC) municipal courts and January 1 457 (2015) JPs/specialty courts status and statistics 4.020 Justices of the peace Unwarranted increase in number Biennial in off- Legislature 1965 of JPs session year – due March 15 (if applicable ) 62G.470 DHHS/Juvenile courts Special supervision program – Biennial in Legislature 2003 compilation of semi-annual session year – juvenile courts’ reports on start of session results 176.0125 Advisory Commission Recommendations Biennial in off- Legislature 1995 on Administration of session year – Justice due September 1 179.1187 Law enforcement Proceeds from forfeitures to Biennial in LCB Director 1989 agency chief school district - session year – books/computers due January 1 179A.350 Central Repository Domestic violence orders Annual – due LCB Director 1997 Amended A.B. July 1 457 (2015) 179A.450 Department of Public Statistics on crimes against older Annual – due Legislature 2007 Amended A.B. Safety persons July 1 223 (2015) 179D.136 Advisory Committee Recommendations for legislation Biennial in off- Legislative Commission 2009 to Study Sex Offender and committee’s activities session year – Registration due September 1 209.461 Department of Contracts with private employers Every 5 years – Legislature/Committee 2013 Corrections for prisoner employment starting January on Industrial Programs 1

10/22/2018 REPORTS TO LEGISLATURE OR LEGISLATIVE COMMITTEES OR LCB DIRECTOR (Excluding K-12 Education Reports)

NRS Reporting Entity Subject of Report Due Date Receiving Entity Year Notes Citation Enacted 1, 2014 Accounts receivable for prisoner employment programs Every meeting IFC

209.4818 Committee on Current and proposed prison Semi-annual – IFC 2001 Industrial Programs industry programs due July 1 and December 1 Anything deemed relevant Legislature related to prison industries No specific due date – as Committee deems appropriate 213.10885 Parole Commissioners Conflicting decisions, changes Biennial in Legislature 1989 and review of Board’s standards session year – due January 1 217.250 Department of Aid to Victims of Crime – Biennial – Legislature 1969 Amended S.B. Administration amount, applicants, status due date not 22 (2017) specified 217.460 DCFS, DHHS Assistance grants to domestic Biennial in Legislature 1981 violence victims – status and session year – evaluation of effectiveness due date not specified 223.190 Governor Gubernatorial appointments Biennial in Legislature 1866 session year – due date not specified 226.120 Treasurer Operations of office Annual – due Legislative Commission; 1965 w/in 60 days Governor (and 2

10/22/2018 REPORTS TO LEGISLATURE OR LEGISLATIVE COMMITTEES OR LCB DIRECTOR (Excluding K-12 Education Reports)

NRS Reporting Entity Subject of Report Due Date Receiving Entity Year Notes Citation Enacted after end of earlier) fiscal year 227.110 Controller Statement of revenue, debt, etc. Annual – Legislature; 1965 due date not Governor (and specified earlier) 228.1118 Attorney General Use of contingent fee contracts Annual – due Senate Majority Leader/ 2015 February 1 Assembly Speaker 228.165 Attorney General (AG) Index of Supreme Court rulings Biennial - off- Legislative Counsel 2013 on constitutionality session year – due September 1 228.470 Committee on Activities and recommendations Biennial in Legislature 1997 Amended S.B. Domestic Violence session year – 25 (2017) due March 1 228.820 Substance Abuse Findings, recommendations Biennial in Legislature 2011 Amended S.B. Working Group - AG session year – 60 (2015) due January 15 - expires July 2019 231.0545 Governor’s Office of Nonprofit entities for economic Annual – due Legislature/Legislative 2015 Economic development December 1 Commission Development (GOED) 231.0685 GOED Tax abatements Biennial in Legislature 1999 A.B. 1 (2015 session year – Special due January 15 Session) § 8 231.14075 GOED Summary of reports to GOED on Annual – due Legislature/IFC; Governor 2013 Amended A.B. emerging small businesses December 1 231 (2017) 231.1513 GOED Workforce programs and WINN Biennial in Legislature 2015 No end date Account session year – Special due January 15 Session 3

10/22/2018 REPORTS TO LEGISLATURE OR LEGISLATIVE COMMITTEES OR LCB DIRECTOR (Excluding K-12 Education Reports)

NRS Reporting Entity Subject of Report Due Date Receiving Entity Year Notes Citation Enacted 231.1577 GOED Catalyst Fund Annual – due IFC/Legislature; Governor 2011 S.B. 507 November 1 (2015) 231.1595 GOED Knowledge Fund Annual – due IFC/Legislature; Governor 2011 November 15 232.224 Office of Grant Activity relating to grants Biennial in Legislature 2011 Procurement, Coord. session year – & Management due January 1 (Governor) 232.320 DDHS Revisions to master plan for Biennial – due Legislature/Governor 1991 provision of human services first day of session 232.479 DHHS – Office of Activities, recommendations Biennial in Legislature; Governor 2005 Minority Health session year – due March 1 233.080 Equal Rights Activities Biennial in Each legislator; Governor 1961 Commission – DETR session year – due January 15 233B.050 Each State agency Review of agency regulations At least every 10 Legislature 1965 years (via Legislative Counsel) 239C.200 Homeland Security Activities and closed meetings Annual – due Legislative 2003 Commission February 15 Commission/appropriate session committees 242.105 Department of Confidential documents relating Annual – due Legislative 2003 Enterprise to terrorism February 15 Commission/appropriate Technology, session committees Information Services 244A.638 NDOT Projects from State Highway Annual – due IFC; Governor 2007 Fund December 31 244A.920 County fair and Room tax surcharge Every 5 years – Legislature 2015 4

10/22/2018 REPORTS TO LEGISLATURE OR LEGISLATIVE COMMITTEES OR LCB DIRECTOR (Excluding K-12 Education Reports)

NRS Reporting Entity Subject of Report Due Date Receiving Entity Year Notes Citation Enacted recreation board beginning (Washoe County) January 15, 2021 268.798 Stadium authority in Room tax surcharge collections By January 15, Legislature 2011 Washoe County and projects funded 2030 271A.105 Municipality with Project status and financial Annual – due Legislative Commission 2011 tourism district impact September 1 /Legislature

Department of Legislature/Legislative Taxation Revenue and portion Semi-annual – Commission attributable to out-of-state due April 1 and persons October 1 277.220 Tahoe Regional Audit, regional plan progress, Annual – due Legislature/IFC/Tahoe 2013 Planning Agency and expenditures January 31 Oversight Committee; Governor 277A.345 Clark County Regional Activities, findings, and transit Biennial in Appropriate session 2011 Amended A.B. Rapid Transit plan session year – committees 464 (2017) Authority due February 1 279.6025 Redevelopment Description, assessed valuation, Annual – due Legislature 2011 agency tax rates, MOUs, revenues, etc. January 1 Post-2011 plans –baseline report due after adoption 279.676 Redevelopment 18% education set aside Annual – due Legislature/Legislative 2013 agencies (Clark County only) November 30 Commission 279.685 Redevelopment 18% low income Annual – due Legislature/Legislative 2013 agency (Las Vegas) housing/education set-aside November 30 Commission 279.6855 Redevelopment Status of 18% education set Annual – due Legislature/Legislative 2015 5

10/22/2018 REPORTS TO LEGISLATURE OR LEGISLATIVE COMMITTEES OR LCB DIRECTOR (Excluding K-12 Education Reports)

NRS Reporting Entity Subject of Report Due Date Receiving Entity Year Notes Citation Enacted agency (Henderson) aside November 30 Commission 284.1729 Boards/commissions/ Consultants hired Every 6 months IFC 2009 NSHE – due date unspecified 285.060 Merit Award Board, Status of employee suggestions Biennial in off IFC; Budget Division 2011 Dept. of and recommended legislation session year - Administration due 90 days after end of FY 287.0425 PEBP As specified in statute Annual/Biennial Session committees/ 2011 Leg Commission/IRBC 293.206 County clerks Precinct boundary maps; Biennial in off- LCB Director; Secretary of 1989 293.208 changes to maps session year – State due March 31; changes within 15 days 293.4695 Secretary of County clerk reports and voter Biennial – Legislature 2007 State/County clerks comments on election process between 30 days before & 30 days after start session 315.725 Two or more housing Programs of insurance Biennial in Legislature 2011 authorities session year – due January 15 331.093 State Public Works Capital improvements owned or Annual – due Legislature 2005 Division leased February 1

332.431 Local government Performance contracts, if any Annual – due IFC/Legislature 2009 February 1 333.3368 Purchasing Division Contracts/bids with service- Semi-annual – IFC/Legislature/Interim 2009 6

10/22/2018 REPORTS TO LEGISLATURE OR LEGISLATIVE COMMITTEES OR LCB DIRECTOR (Excluding K-12 Education Reports)

NRS Reporting Entity Subject of Report Due Date Receiving Entity Year Notes Citation Enacted disabled veterans due date not Committee on Veterans specified 338.0117 Public bodies Nevada First bidder preference Annual – due Legislative Commission 2011 awarding contracts July 31 338.13846 State Public Works Contracts/bids with service- Semi-annual – IFC/Legislature/ Interim 2009 Division disabled veterans due date not Committee on Veterans specified 341.083 State Public Works Priority of construction Biennial in off- Legislature; Governor 1981 Division projects/work session year – (and due October 1 earlier) 341.128 State Public Works Inspections of State buildings If inspection is Legislature 1963 Division matter of “serious concern” 353.2755 Division of Emergency Disaster relief requests Within Fiscal Analysis Division 2013 Management, DPS individual deadlines 353A.025 Department of Status of internal accounting and Biennial in Session money 2001 Administration controls of state agencies session year – committees/Legislative due at start of Auditor; Governor session 353B.170 College Savings Plan Prepaid Tuition Program Annual – due IFC/Session money 1997 Board March 31 committees; Governor 354.5945 Local governments 1. Capital improvement plans; Annual – #1 Legislature 2005 Amended A.B. 354.5947 2. Capital improvements owned upon request 464 (2017) or leased by local governments Annual - #2 due upon request 354.6025 Department of Report of indebtedness of local Annual – Fiscal Analysis Division; 1977 Taxation governments due date not Governor 7

10/22/2018 REPORTS TO LEGISLATURE OR LEGISLATIVE COMMITTEES OR LCB DIRECTOR (Excluding K-12 Education Reports)

NRS Reporting Entity Subject of Report Due Date Receiving Entity Year Notes Citation Enacted specified 354.613 Department of Compliance w/enterprise fund Biennial in Legislature 2011 Taxation restrictions session year – due January 15 354.705 Department of Status of local governments in Every 6 months Legislature/Legislative 2015 Taxation severe financial emergency until emergency Commission ceases 355.270 Corporation for public Accounting and businesses Annual – due Legislative Commission/ 2011 benefit receiving investments December 1 Legislature 358.030 Nevada Advisory Recommendations and activities Annual – due Legislature/Legislative 2015 Council on Federal December 31 Commission; Governor Assistance 360.137 Department of Tax expenditures, including Biennial - off- Legislature/Appropriate 2013 Taxation background and fiscal impact session year – interim /session due November committees; Governor 10 360.215 Department of Activities, findings, Biennial – not Legislature 1953 Taxation recommendations re: county specified assessors 360.261 Tax Commission Findings on interstate retailer Within 30 days Legislature/Legislative 2015 nexus of findings Commission 360.7596 Local governments Abatements granted for movie Annual – Legislature; Governor 2013 productions October 1 (if abatement granted) 360.7598 GOED Film tax credits Annual – due Legislature; Governor 2013 October 1 360.895 GOED Faraday abatements, inc. Annual – due Legislature/Governor 2015 credits/related information October 1 Special 8

10/22/2018 REPORTS TO LEGISLATURE OR LEGISLATIVE COMMITTEES OR LCB DIRECTOR (Excluding K-12 Education Reports)

NRS Reporting Entity Subject of Report Due Date Receiving Entity Year Notes Citation Enacted Session Employees/progress assessment Legislature/Governor Quarterly Quarterly – due Amended reports expire date unspecified A.B. 170 July 1, 2020 Legislature/Governor (2017) Biannual – after Starts July quarterly 2020, expires reports expire – June 2025 due March 15 A.B. 170 and September (2017) 15 360.896 Local governments Abatements/waivers Annual – due Legislature/Governor 2015 October 1 Special Session 360.975 GOED Tesla abatements/credits Annual – due Legislature; Governor 2014 Amended A.B. October 1 Special 170 (2017) Employees/progress assessment Session Biannual – due March 15 and September 15 360.980 Local governments Abatements for qualified Annual – due Legislature/Governor 2014 28th Special projects (Tesla related) – if any October 1 Special Session Session 381.0033 Board of Museums Investment and expenditure of Semi-annual – IFC 1989 and History (Dept. of private money due date not Tourism/Cultural specified Affairs) 396.340 Governor/NSHE Federal appropriations/grants Annual – end of Legislature 1969 fiscal year (date (or 9

10/22/2018 REPORTS TO LEGISLATURE OR LEGISLATIVE COMMITTEES OR LCB DIRECTOR (Excluding K-12 Education Reports)

NRS Reporting Entity Subject of Report Due Date Receiving Entity Year Notes Citation Enacted not specified) earlier) 396.504 Board of Regents, Efficiency/educational/mission/ Annual – due IFC/Legislature 2011 Amended A.B. NSHE Institutional parity review September 1 76 (2015) 396.505 Board of Regents, Four-year comprehensive plan Biennial in Legislature 1967 or NSHE session year – 1973 due February 1 396.507 Board of Regents Status of veterans in higher Annual – due Legislature/Interim 2015 Expires July education November 30 Education Committee 2020 396.531 Board of Regents, Student completion stats Biennial in Legislature 2011 NSHE session year – due February 1 396.532 Board of Regents, Minority enrollment stats Biennial in Legislature 2009 NSHE session year – due February 1 396.542 Board of Regents, Tuition and fee changes Annual – due Legislature/Legislative 2011 NSHE February 1 Commission (only if tuition/fees changed) 396.780 Governor/NSHE Biennial reports Biennial – due Legislature 1969 September 1 (or earlier) 396.960 Board of Regents, Silver State Opportunity Grants Biennial in Legislature 2015 NSHE session year – due February 1 408.133 NDOT Plan for measuring NDOT’s Annual – due IFC; Board of NDOT 2007 performance December 31

408.203(1) NDOT Long range plan, revenues, and Every 10 years Session transportation 1989 10

10/22/2018 REPORTS TO LEGISLATURE OR LEGISLATIVE COMMITTEES OR LCB DIRECTOR (Excluding K-12 Education Reports)

NRS Reporting Entity Subject of Report Due Date Receiving Entity Year Notes Citation Enacted Expenditures committees

408.203(2) NDOT Short range (4-yr) plan, Biennial in off- Session transportation 1989 Amended S.B. revenues, and expenditures session year – committees 23 (2015) due October 1 408.203(3) NDOT 10-year plan for resurfacing , Biennial in Legislature 1989 Amended S.B. revenues, expenditures session year – 23 (2015) due February 1 408.203(4) NDOT Mobile equipment outsourced or Biennial in Legislature; Governor 2011 eliminated or purchased session year – due February 1 408.38726 NDOT Goals and status for DBEs Biennial in off- Legislature; Governor 2013 Expires 2023 session year – or due December 90 days after 31 no disparities determination 408.3886 NDOT Design-build contract awards Annual – due LCB Director 2011 October 1 414.135 Division of Emergency Emergency Assistance Account Quarterly – due IFC 1997 Management (DPS) expenditures end of quarter for previous quarter 417.0195 Interagency Council Activities and recommendations Biennial in off- Legislature/Legislative 2013 A.B. 19 (2017) on Veterans’ Affairs and report on sexual trauma session year– Commission/Governor (Dept. of Veterans’ programs due February 15 Services) 417.105 Department of Recommendations on Biennial in off- Legislative Commission 2009 A.B. 62 (2015) Veterans’ Services preference programs session year – § 28 due October 1 11

10/22/2018 REPORTS TO LEGISLATURE OR LEGISLATIVE COMMITTEES OR LCB DIRECTOR (Excluding K-12 Education Reports)

NRS Reporting Entity Subject of Report Due Date Receiving Entity Year Notes Citation Enacted 417.145 Department of Gift Accounts – expenditures Annual – due IFC 1993 Veterans’ Services August 1 417.190 Veterans Services Activities and recommendations Biennial in off- Governor/Legislative 2017 A.B. 19 (2017) Commission session year– Commission/ due February 15 Interagency Council on Veterans’ Affairs 417.330 Women’s Veterans Demographics, contributions, Biennial in off- Legislative 2017 A.B. 19 (2017) Advisory Committee needs, support given session year– Commission/Governor/ due February 15 Interagency Council on Veterans’ Affairs 422.390 DHHS Disproportionate share Quarterly – IFC 1991 payments due date not specified 424.043 DHHS – DCFS Specialized foster care Annual – due Legislature/Legislative 2015 Expires June placements January 31 Commission; Governor 30, 2021 426.729 DHHS Personal assistance plans – Biennial – due Legislature 2001 recommendations prior to session 428.490 County commission Indigent fund for institutional Semi-annual – IFC; Department of 1997 care – transfers to Medicaid due June 1 and Administration Budget Account December 31 432B.178 DHHS – Interagency Evaluations of child welfare Biennial in Session committees on 2009 Committee on Child programs [Note: committee is session year – Judiciary and Health Welfare optional so report contingent] due January 1

432B.218 DHHS - Division of Progress of child welfare Annual – due Legislature; Governor 2011 Child & Family agencies in Clark and Washoe January 31 Services (DCFS) Counties 432B.327 DHHS – DCFS Child protective services in rural Upon request Legislative Commission 2011 counties 12

10/22/2018 REPORTS TO LEGISLATURE OR LEGISLATIVE COMMITTEES OR LCB DIRECTOR (Excluding K-12 Education Reports)

NRS Reporting Entity Subject of Report Due Date Receiving Entity Year Notes Citation Enacted 433.314 Commission on Quality of care/treatment of Biennial in Legislature 1985 Report Behavioral Health, persons with mental session year – contents DHHS illness/disabilities; substance due date expanded in abuse/co-occurring disorders; unspecified A.B. 366 and behavioral health policy (2017) board recommendations and (Annual to priorities Governor) 435.045 DHHS – DHCFP & ADS Status of pilot programs for Every 6 months Legislature/Interim 2015 Expires July Division children w/intellectual – beginning Health Care Committee 2019 disabilities April 30, 2016 County commissions Same (not Washoe/Clark) Compliance with mandate for Same care 439.5085 Alzheimers Task Force Findings/recommendations Annual – due Legislature; Governor 2013 S.B. 92 (2017) (DHHS) February 1 made permanent 439.630 DHHS Evaluation/ranking of health Annual – Interim Health Care 2007 (1)(b) needs due date not Committee specified 439.630 DHHS Fund for Healthy Nevada - Senior Quarterly – IFC/interim Health Care 1999 (1)(c) RX due dates not Committee; Governor specified 439.630 DHHS Fund for Healthy Nevada – Annual – IFC/interim Health Care 1999 1(m)(5) tobacco cessation, well-being, due date not Committee; Governor respite care, independent living, specified behavior supports, etc. 439.630 DHHS Fund for Healthy Nevada – Annual – Interim Health Care 1999 (1)(n) recommendations, expenditures due date not Committee/ specified Legislature; Governor 13

10/22/2018 REPORTS TO LEGISLATURE OR LEGISLATIVE COMMITTEES OR LCB DIRECTOR (Excluding K-12 Education Reports)

NRS Reporting Entity Subject of Report Due Date Receiving Entity Year Notes Citation Enacted 439.630 DHHS Independent living grants for Annual – IFC/Interim Health Care 1999 (3)(f) seniors due date not Committee; Governor specified 439.877 Patient safety Patient safety checklists and Annual – due Interim Health Care 2011 committees – policies July 1 Committee established by medical facilities 439A.083 DHHS Identification of statutes or Biennial in off- Legislature; Governor 1985 regulations adding to cost of session year – health care due December 31

439A.290 DHHS Surgery centers – billings, Annual – due Interim Health Care 2007 Note outcomes, information releases; July 1; Committee duplication A.B. 146 with A.B. 89 - § 17-2007 Implementation status 2017 Monthly § 3.6 adds quarterly reports 439B.227 Interim Health Addition of licensees as Prior to regular Legislature 2013 Committee mandatory child abuse reporters session – unspecified date

444A.070 Department of Current and proposed recycling Biennial in LCB Director 1991 Conservation and programs and related matters session year – Natural Resources due January 31 (DCNR) 445B.830 Local governments Motor vehicle inspections Annual – due 45 IFC 2005 days after fiscal 14

10/22/2018 REPORTS TO LEGISLATURE OR LEGISLATIVE COMMITTEES OR LCB DIRECTOR (Excluding K-12 Education Reports)

NRS Reporting Entity Subject of Report Due Date Receiving Entity Year Notes Citation Enacted year (August 15)

449.160 Health Division, DHHS Medical facilities complaints and Biennial in LCB Director 2003 disciplinary actions session year – due February 1 449.242 Clark and Washoe Staffing committees Annual – due Interim Health Care 2009 Modified Counties – December 31 Committee/Legislature committee 70 +bed hospitals staffing S.B. 482 (2017) 449.446 DHHS Ambulatory surgical center – Annual – Interim Health 2009 inspections due date not Committee/Legislative specified Commission 449.520 DHHS Operations of Department and Annual – due IFC/Interim Health Care 1983 information on hospitals, surgical October 1 Committee; Governor centers, public awareness, etc. 450B.1996 DHHS – Public and Community paramedicine – Annual – due Legislature/Interim 2015 Behavioral Health summary of activities/impacts February 1 Health Committee Division 450B.795 State Board of Data on emergency services, e.g. Quarterly – Interim Health Care 2007 Health/ Health waiting times due date not Committee Districts specified 459.0092 Nevada Commission Matters/recommendations Not specified Legislature; Governor 1985 on Nuclear Projects relating to disposal of radioactive waste 463.120 Gaming Control Board Revenue, licensees’ Biennial – due Legislative Commission 1959 depreciation, assessed valuation before session – for Legislature date not specified 481A.010 Multistate Hwy Activities and recommendations Annual – Legislature 1975 15

10/22/2018 REPORTS TO LEGISLATURE OR LEGISLATIVE COMMITTEES OR LCB DIRECTOR (Excluding K-12 Education Reports)

NRS Reporting Entity Subject of Report Due Date Receiving Entity Year Notes Citation Enacted Transp. Agreement – due date not Coop. Cte specified 482.37901 Division of Museums Revenue from renewal of Annual – due Legislature/Legislative 2013 Added State and History & commemorative plates January 1 Commission Parks S.B. 37 Division of State Parks (2017) 487.557 DMV Complaints and investigations of Annual – due Legislative 2009 garages and body shops January 1 Commission/Session Transportation Committees 490.068 Off-Highway Vehicle General and fiscal activities, and Biennial in off- Legislature 2009 Amended A.B. Commission grants (from DMV) session year – 29 - 2017 due September 1 493.118 Department of Public Public agencies’ drone Annual – due Legislature/Legislative 2015 No end date Safety operations February 1 Commission 528.150 State Forester Fire prevention and forest health Annual – due Legislature; Tahoe 2009 in Tahoe January 1 Oversight Committee; Governor; Congress Delegation; NTRPA 563.370 Department of Percentage of fees refunded by Annual – due LCB Director 1999 Administration Rangeland Resources July 1 Commission 574.030 Societies for “full account of all their acts” Biennial – Legislature 1873 prevention of cruelty no due date to animals specified 607.080 Labor Commissioner Statistics on labor Biennial – Legislature; Governor 1923 no due date (or specified earlier)

10/22/2018 REPORTS TO LEGISLATURE OR LEGISLATIVE COMMITTEES OR LCB DIRECTOR (Excluding K-12 Education Reports)

NRS Reporting Entity Subject of Report Due Date Receiving Entity Year Notes Citation Enacted 610.100 State Apprenticeship Activities and findings of State Annual – due Legislature/Governor/ 1939 Amended S.B. 610.120 Director Apprenticeship Council date not Public 516 (2017) specified 622.100 Regulatory agencies Disciplinary actions and Quarterly – due Legislative Commission 2001 Amended S.B. applications 20th day of Jan., /Session Commerce & 69 (2017) April, July, Labor Committees October 622.520 Regulatory body Progress on reciprocal licensing Annual – due Legislature/Interim 2015 agreements January 31 Health Committee 624.355 State Contractors Complaints, regulatory Biennial in off- Legislature; Governor 1999 Board difficulties, recommendations session year – due September 1 624.540 State Contractors Recovery fund status Annual – due IFC/appropriate session 1999 Board February 1 committees 630.130 Board of Medical Disciplinary actions, types of Biennial in Legislature; Governor 2002 Examiners surgeries, sentinel events, session year – insurance issues, etc. due February 15 633.286 Osteopathic Medicine Disciplinary actions, types of Biennial in Legislature; Governor 2002 Board surgeries, sentinel events, session year – insurance issues, etc. due February 15 639.570 Pharmacy Board Marketing code of conduct, Biennial in Legislature 2007 training, investigation policies session year – due January 15 679B.144 Insurance Duties, findings, closed medical Biennial in Legislature 1989, 679B.410 Commissioner malpractice claims session year – 1997 due February 1 690B.360 Insurance Medical malpractice insurance – Contingent: if Legislature 2003 Amended A.B. Commissioner findings and recommendations determination 83 (2017) 17

10/22/2018 REPORTS TO LEGISLATURE OR LEGISLATIVE COMMITTEES OR LCB DIRECTOR (Excluding K-12 Education Reports)

NRS Reporting Entity Subject of Report Due Date Receiving Entity Year Notes Citation Enacted of problems with professional liability insurance 695I.370 Silver State Health Fiscal and operations status, Semi-annual – Legislature; Governor 2011 Insurance Exchange recommendations due June 30 and December 1 701.160 Office of Energy Status of energy in Nevada Biennial in Legislature; Governor 2009 (Governor) session year – (annual) due January 30 701.380 Office of Energy Office of Energy programs Annual – due Legislative Commission; 2001 (Governor) January 30 Governor 702.275 DHHS – DWSS Unspent energy assistance Annual – due IFC/Session money 2007 program funds –weatherization January 5 committees and conservation programs

702.280 DHHS/DWSS & Evaluation of coordination of Annual – IFC/Legislative 2001 Division of Housing energy programs due date not Commission; Governor specified 703.025 PUCN Reorganization plan Contingent – IFC/appropriate 1997 prior to legislative committees reorganization 704.754 PUCN New information about Biennial in off- Legislature 2009 transmission plans session year – due February 15 704.7825 PUCN Energy efficiency measures used Biennial – Legislature 2001 to comply with portfolio due first day of standards session Legislative Commission 18

10/22/2018 REPORTS TO LEGISLATURE OR LEGISLATIVE COMMITTEES OR LCB DIRECTOR (Excluding K-12 Education Reports)

NRS Reporting Entity Subject of Report Due Date Receiving Entity Year Notes Citation Enacted Upon request of Chair 704B.210 PUCN Applications for new electric Upon request Legislative Commission 2001 resources only - in 2 business days after request 706A.270 Transportation Coverage limits for TNCs Annual – due Legislature/Legislative 2015 Services Authority December 1 Commission

UNCODIFIED REPORTS Citation Reporting Entity Subject of Report Due Date Receiving Entity Year Notes Enacted S.B. 506 RTC of Southern Boulder City Annual – due February 1 Legislative 2011 Chapt. Nevada Demonstration Project – Commission/Legislature 478 status, funding, user fees, Quarterly or upon Legislative § 50, 52 etc. request Commission/IFC

S.B. 152 Office of Energy, ARRA funds, including Upon request IFC 2009 Chapt. DETR, energy audits/savings by 490 Division of Housing, Housing Division § 13 B&I A.B. 7/ Regional Business Status of programs/policies Biennial in session year Legislature 2003/2015 Special and A.B. 116 Development to promote use of local – Local Acts Advisory Council of businesses owned by due January 15 volume Clark County disadvantaged persons A.B. 436 Southern Nevada Groundwater management Biennial in off session Legislature 1997 Amended A.B. Chapt. Water Authority program status in Las year - due December 31 422 (2011) 572 Vegas Valley § 12 A.B. 283 Public bodies CMAR contracts Annual – Legislature/Legislative 2013 Chapter 487 Chapt. due date unspecified Commission 487 § 14.5 A.B. 335 UNLV Campus Recommendations from September 30, 2016 Legislature 2013 A.B. 451 Chapt. Improvement study (2015) 507 Authority extended § 24.5 deadline S.B. 1 Committee on Local Waivers on use of More Annual – due September Legislative Commission 2013 expires (27th Government Finance COPS sales tax in Clark 1 October 2025 Special County Session) Clark County - IFC § 3.7 governing bodies Periodic reports on Quarterly expenditures S.B. 1 Advisory Committee Findings and 18 months after creation Legislature 2016 One shot

UNCODIFIED REPORTS Citation Reporting Entity Subject of Report Due Date Receiving Entity Year Notes Enacted Chapt. 2 on taxes re: sports recommendations on of committee to next Special § 61.7 stadiums tourism continuation of taxes regular session Session facilities created 4 years before bonds repaid or 30 years (2046) A.B. 461 Nye County More Cops Annual – due August 15; Legislative/Legislative 2007 Missing from Chapt. and quarterly reports Commission prior list. 545 Expires 2027 § 17.5

NEW REPORTS FROM 2017 SESSION (DOES NOT INCLUDE REPORTS TO STANDING INTERIM COMMITTEES)

Citation Reporting Entity Subject of Report Due Date Receiving Entity Year Notes Enacted A.B. 29 Commission on Evaluate presumption of Due January 1, 2019 Legislature 2017 One-shot (§ 11.5) OHVs OHVs on paved road prohibited w/out gov’t ok & recommendations (§1) Biennial in off session Legislature Ongoing DMV General/ fiscal activities of year – Commission on OHVs due September 1 A.B. 49 Legislative Charter schools as LEAs – February 1, 2019 Legislature 2017 One-shot (§ 35.5) Committee on findings and Education recommendations A.B. 69 Nevada Autonomous vehicle crash Annual – due December Legislature/Legislative 2017 Expires 2022 (§ Transportation information 1 Commission per statute 14.82) Authority A.B. 89 DPBH, DHHS Centers for ambulatory Quarterly - due date not Legislature 2017 § 3.6 patients – reports specified 439A.240, .250, .260 A.B. 97 Forensic laboratories Number tested/not tested; Annual – due January 1 Legislature/Legislative 2017 § 1.3 receiving SAFE kits related information Commission

§ 1.7 Department/Division Kits per county; Biannual – due January 1 Governor/Subcommittee designated by AG to tested/untested; average and July 1 to Review DNA (via LCB) track SAFE kits test time A.B. Purchasing Division, Statistics on certification Annual – due October 1 Legislature/Governor 2017 106 DOA program for equal pay § 27 vendors A.B. 144 Advisory Commission Activities and Annual – due February 1 Legislature/Legislative 2017 § 4 on Mentoring recommendations Commission/Governor A.B. 202 Committee to Study Recommendations September 1, 2018 Legislature 2017 One shot Affordability of Higher Education

NEW REPORTS FROM 2017 SESSION (DOES NOT INCLUDE REPORTS TO STANDING INTERIM COMMITTEES)

Citation Reporting Entity Subject of Report Due Date Receiving Entity Year Notes Enacted A.B. DPBH, DHHS Status/results of diversity Biennial – due May in off Legislature 2017 214 in clinical trials session year § 1 A.B. 340 DHHS/Committee on Diaper supply for welfare Biennial in off session Legislature 2017 Diapers recipients/low income year – residents due September 30

A.B. 354 DETR Unemployment rates – by Quarterly – due date not LCB Director/Posted on 2017 § 5 county and disaggregated specified DETR website

§ 6.5 OWIN Statewide longitudinal data Annual – due January 1 LCB Director system reports on education/workforce A.B. 375 Flood control project Information on flooding, Within 18 months after Legislature/Governor/ 2017 § 5 needs committee projects, and first meeting local entities recommendations A.B. 399 Nevada State Bank operations Annual – due 90 days Legislature/Legislative 2017 § 36 Infrastructure Bank after end of fiscal year Commission/Governor A.B. 405 PUCN Impact of net metering on Biennially – starting June Legislature 2017 § 28.5 rates 30, 2020 A.B. 423 Secretary of State Survey of businesses on Annual – due date not Legislature/Legislative 2017 Expires § 3.6 gender equality specified Commission December data/information 2022 A.B. 457 Boards: Number of complaints and Annual – due February 1 Interim Healthcare 2017 §2, 11, Psychological applications Committee 18, 25 Examiners; Marriage & Family Therapists, Counselors; Social Workers; ADG § 7, 15, Counselors Costs/fees of boards and January 1, 2018 Interim Healthcare One shot

NEW REPORTS FROM 2017 SESSION (DOES NOT INCLUDE REPORTS TO STANDING INTERIM COMMITTEES)

Citation Reporting Entity Subject of Report Due Date Receiving Entity Year Notes Enacted 23, 30, recognition of out-of-state Committee 34 licenses A.B. 472 Juvenile Justice 5-year strategic plan Every 5 years – due July Legislature 2017 § 6 Oversight 1, 2018 § 7 Commission Facility improvement plans Annual – due date not Legislature/Governor JJOC as part of “annual review” specified

§ 11 Compliance with evidence Annual – due July 1, Legislature/Governor/ DCFS, DHHS based standards of 2019 and thereafter JJOC Commission § 22 Annual – due January 31 Legislature DCFS, DHHS Juvenile justice system trends and effectiveness

A.C.R. 9 Advisory Committee Recommendations September 1, 2018 Legislature 2017 One shot on Treating Traffic Violations as Civil Infractions S.B. 26 PERS Board Investments of money in Annual – due February 1 Legislature/Governor 2017 § 22 scrutinized companies

§ 32 Treasurer Same Annual – due February 1 Legislature/Governor S.B. 35 ACAJ Subcommittee Recommendations and Biennial in off session Legislature 2017 § 6 on Criminal Justice findings year – Information Sharing due September 1 S.B. 69 Office of Workforce Number of persons in Annual – due January 1 Legislature See S.B. 516 § 9.5 Innovation regulated (2017) occupation/profession & demand S.B. 118 Task Force on Recommendations Due September 1, 2018 Legislature 2017 One shot

NEW REPORTS FROM 2017 SESSION (DOES NOT INCLUDE REPORTS TO STANDING INTERIM COMMITTEES)

Citation Reporting Entity Subject of Report Due Date Receiving Entity Year Notes Enacted Financial Security S.B. 121 Committee on Recommendations Due before 2019 Session Legislative Commission 2017 One shot Behavioral Cognitive Needs Older Persons S.B. 165 DPBH, DHHS Obesity rates, Annual – due March 15 Interim Healthcare 2017 § 6 demographics, goals and Committee/Legislature objectives S.B. 187 Nonprofit for fine Expenditure of Due December 1, 2018 IFC 2017 Report expires § 2 arts museums appropriation; interim and Due September 20, 2019 2019 final report

S.B. 257 DHHS Consultant report on child September 1, 2018 Legislature/DHHS 2017 One shot § 8 welfare system S.B. 366 DHHS, in Employers (greater than 50 Annual – due January 1 Legislature/Governor 2017 § 2 consultation with employees) and Medicaid Dept. of B&I enrollment S.B. 377 Right to Counsel Findings and Due September 1, 2018 Legislature/Office of 2017 Expires June § 11 Commission recommendations Finance 30, 2019 S.B. 391 NSHE Nevada Promise Annual – due August 1 Legislature/Interim 2017 § 17 Scholarships Education Committee S.B. 400 DHHS Costs and outcomes of Biennial in off session Legislature 2017 § 3 success contracts year – due October 1 S.B. 451 Nevada Sentencing Findings and Biennial in session year Legislature 2017 § 6 Commission recommendations – due January 1 S.B. 462 GID Review Activities and findings Annual – due July 1 Legislative Commission 2017 Expires June § 3 Committees 30, 2021 S.B. 466 Board of Oriental Minutes, exams and Biannual – starting Sunset Subcommittee 2017 Expires § 4 Medicine licensing, schools, December 31, 2017 January 1, 25

NEW REPORTS FROM 2017 SESSION (DOES NOT INCLUDE REPORTS TO STANDING INTERIM COMMITTEES)

Citation Reporting Entity Subject of Report Due Date Receiving Entity Year Notes Enacted disciplinary actions 2019 S.B. 490 Home Means Status of Account for Quarterly IFC 2017 § 2 Nevada Inc. Foreclosure Mediation Assistance S.B. 497 Advisory Task Force Activities, findings and Due May 31, 2018 Legislature/Governor/ 2017 One shot § 1 on recommendations State Board of School Leader Education/others Management S.B. 516 Office of Workforce Statistical details on Biennial – due date not Legislature/Governor 2017 § 20 Innovation workforce development specified S.B. 539 DHHS Pharmaceutical sales Annual – due June 1 Legislature/Health Care 2017 § 4.6 representatives activities Committee S.B. 544 Department of Adult High School Diploma Due November 1, 2018 LCE/LCB 2017 One shot § 16 Education program Director/Governor

§ 18 Early childhood programs Due November 1, 2018 Sa, S.B. 545 NSHE Additional registration and Biannual – due starting IFC 2017 Expires 2019 § 8 non- resident tuition fees March 1, 2018 S.B. 546 State Treasurer Ad valorem tax and Annual – due date not Legislature/IFC 2017 Expires 2019 § 31 consolidated bond specified interest/redemption fund S.B. 550 Boys and Girls Club Expenditure of grant funds; December 21, 2018 IFC 2017 expires § 3.7 interim and final reports September 20, 2019 S.B. 553 NSHE/State Public Status of UNLV Medical Biannual - starting IFC 2017 (§ 4.7) Works Division Building and fundraising January 1, 2018 efforts S.C.R. 1 Committee to Study Recommendations September 1, 2018 Legislature 2017 One shot Affordable Housing S.C.R. 6 Committee to Study Recommendations September 1, 2018 Legislature 2017 One shot State Salaries 26

Note: This table does not include the following topics or chapters: education related reports (Title 34 of NRS) except for Chapter 396 relating to Nevada System of Higher Education; State Legislative Department (Title 17); Chapter 353 – State Financial Administration; and non-recurring reports required in legislation and not codified. Every effort has been made to make this list complete and accurate. Any errors or omission should be reported to the Research Division of the Legislative Counsel Bureau at (775) 684-6825 or via e-mail to the Research Library at [email protected]. Research Division, LCB 10/22/2018

V. SUMMARY REPORTS OF MAJOR STUDIES IN PROGRESS TO FILE NO. 6 OF THE RULES AND POLICIES OF THE LEGISLATIVE COUNSEL BUREAU

COMMITTEE TO STUDY ISSUES REGARDING AFFORDABLE HOUSING

Senate Concurrent Resolution 1 (File 40, Statutes of Nevada 2017)

Members

Senator Julia Ratti, Chair Assemblyman Tyrone Thompson, Vice Chair Senator Yvanna D. Cancela Senator Ben Kieckhefer Assemblyman Edgar Flores Assemblywoman Sandra Jauregui

Staff Contacts

Research Division: Diane C. Thornton, Principal Policy Analyst Natalie J. Pieretti, Research Policy Assistant (775) 684-6825

Legal Division: Asher A. Killian, Principal Deputy Legislative Counsel (775) 684-6830

Senate Concurrent Resolution 1 (File 40, Statutes of Nevada 2017)

4 ABSTRACT

COMMITTEE TO STUDY ISSUES REGARDING AFFORDABLE HOUSING

Senate Concurrent Resolution 1 (File 40, Statutes of Nevada 2017)

Nevada faces an affordable housing crisis. As the state experiences growth in both economic development and population, housing costs are also rapidly increasing while incomes are not keeping pace. According to the United States Census Bureau, 35 percent of Nevada households spend more than 30 percent of their income for housing and are considered housing cost burdened. The National Low Income Housing Coalition estimates that in Nevada, 80 percent of extremely low-income renters are severely cost burdened. In addition, 209,635 affordable housing units are needed across the state, creating a shortage of rentals available to low-income households according to Nevada’s Housing Division, Department of Business and Industry.

In 2017, the Nevada Legislature adopted Senate Concurrent Resolution 1, which established the Committee to Study Issues Regarding Affordable Housing. The Committee’s primary responsibilities include conducting a study to examine the present and prospective need for affordable housing in Nevada, any impediments to the development of affordable housing, methods to increase the availability of affordable housing, and other relevant matters relating to affordable housing.

The committee held four meetings and heard from representatives from state and local agencies, businesses, community groups, nonprofit and professional organizations, and the public to provide insight and solutions to Nevada’s affordable housing problem.

During the first meeting, on January 23, 2018, the Committee heard testimony related to the critical need for affordable housing in Nevada, including the current housing stock, the shortage of affordable and available rentals for low-income households, an overview of affordable housing initiatives at the federal, state, and local level, an evaluation of the housing database, and possible solutions to the affordable housing problem. Chair Ratti also invited stakeholders, interested parties, and the public to join working groups to help in providing the Committee with recommendations to consider. The following working groups were suggested: Financing, Definitions, Local Government, and Housing Data.

At the second meeting, on March 13, 2018, the Committee focused on supportive housing and the link between housing and health. The Committee heard testimony on regional efforts to provide a continuum of care for homeless families and individuals, how other states are providing supportive services, and the strategic goals related to housing, homelessness prevention, and intervention from the Interagency Council on Homelessness, Division of Public and Behavioral Health, Department of Health and Human Services.

Testimony during the third meeting, on May 15, 2018, examined workforce housing and the various programs available to help both new and struggling homeowners. Nevada’s increasing population and shifting demographics lead to a demand for a wider variety of housing types.

5 According to a presentation at the meeting by Nevada HAND, a nonprofit organization dedicated to providing affordable housing solutions in southern Nevada, it is estimated that over the next ten years, the lack of affordable housing is projected to worsen for renter households earning up to $47,000, particularly those among Nevada’s workforce, also referred to as the “missing middle” households.

At its work session in Las Vegas, Nevada, on May 31, 2018, the Committee approved five proposals for drafting legislation and three proposals for letters or final report statements. The topics covered include:

• Definitions of affordable housing;

• Housing data collection;

• Local government development fees;

• Supportive housing;

• Financing for affordable housing;

• Urban and transit-oriented development; and

• Consumer tenant protections.

More information about the Committee’s activities—including minutes, recordings, and copies of presentations and other exhibits—may be accessed on the Legislature’s website for the 2017–2018 Interim.

6 SUMMARY OF RECOMMENDATIONS

COMMITTEE TO STUDY ISSUES REGARDING AFFORDABLE HOUSING

Senate Concurrent Resolution 1 (File 40, Statutes of Nevada 2017)

This summary presents the recommendations approved by the Committee to Study Issues Regarding Affordable Housing at its meeting on May 31, 2018. The bill draft requests (BDRs) will be forwarded to the Legislative Commission for transmittal to the 80th Session of the Nevada Legislature.

RECOMMENDATIONS FOR LEGISLATION

Definitions of Affordable Housing

1. Draft legislation to revise certain definitions of affordable housing to provide consistency within the Nevada Revised Statutes (NRS). (BDR –)

Housing Data Collection

2. Draft legislation linking NRS 278.235 (Annual Housing Progress Report) to NRS 319.143 (Low-Income Housing Database) to clarify the connection between the two sections and support current practices of Nevada’s Housing Division (NHD), Department of Business and Industry, and local governments. (BDR –)

Local Government Development Fees

3. Draft legislation to amend NRS 278.235 to enable local governments to assist affordable housing developments by allowing them to reduce or subsidize building fees, impact fees, and/or enterprise fees without having to be reimbursed from the local government’s general fund (GF) or without having to borrow and pay back enterprise funds from the GF. Local governments must provide for a public review of the fiscal stability of the GF or enterprise fund, as appropriate, if such fees are either reduced or subsidized. (BDR –)

Supportive Housing

4. Draft legislation directing Nevada’s Department of Health and Human Services to expand the Medicaid 1915(i) State Plan Option. This would allow Nevada to offer a variety of services under a state plan for home- and community-based services benefit that would facilitate housing as health care. (BDR –)

Financing for Affordable Housing

5. Draft legislation to create a Nevada affordable housing tax credit program to encourage the development and preservation of low-income residential housing projects statewide.

7 The proposed program is a four-year pilot program, which authorizes up to $10 million of transferrable tax credits per fiscal year, not to exceed a total of $40 million, to be administered by NHD. (BDR –)

RECOMMENDATIONS FOR COMMITTEE ACTION

6. Send a letter to Nevada’s Congressional Delegation advocating for the support and passage of S.548/H.R.1661 (Affordable Housing Credit Improvement Act of 2017), 115th Congress, also known as the Cantwell-Hatch Act, introduced by Senators Maria Cantwell (D-Washington) and Orrin G. Hatch (R-Utah).

7. Include a statement in the final report supporting the comments submitted by Joshua J. Hicks, on behalf of the Nevada Homebuilders Association, the Southern Nevada Homebuilders Association, and the Builders Association of Northern Nevada, to the Committee encouraging urban land development, transit-oriented development, comprehensive planning, workforce training, flexibility on permitting and enterprise fund fees, and opposing federal tariffs on construction material.

8. Include a statement in the final report supporting the comments submitted by James Conway, on behalf of Statewide Legal Services Coalition, to the Committee to strengthen consumer protections for tenants, including, without limitation, allowing additional time for tenants to locate new housing in the case of an eviction or a displacement due to rising rents, to help in mitigating the affordable housing crisis in Nevada.

COMMITTEE TO STUDY THE NEEDS RELATED TO THE BEHAVIORAL AND COGNITIVE CARE OF OLDER PERSONS

Senate Bill 121 (Chapter 522, Statutes of Nevada 2017)

Members

Senator Joyce Woodhouse, Chair Assemblywoman Teresa Benitez-Thompson, Vice Chair Senator Pete Goicoechea Senator Julia Ratti Assemblyman Richard (Skip) Daly Assemblyman Jim Wheeler

Staff Contacts

Fiscal Analysis Division: Sarah Coffman, Principal Deputy Fiscal Analyst Judy Lyons, Fiscal Secretary (775) 684-6821

Legal Division: Kristin Roberts, Senior Principal Deputy Legislative Counsel (775) 684-6830

Senate Bill 121 (Chapter 522, Statutes of Nevada 2017)

Sec. 2. 1. The Legislative Commission shall appoint a committee to conduct an interim study concerning the needs related to the behavioral and cognitive care of older persons in this State. 2. The interim committee appointed by the Legislative Commission to conduct the study must be composed of six Legislators as follows: (a) Two members appointed by the Majority Leader of the Senate; (b) Two members appointed by the Speaker of the Assembly; (c) One member appointed by the Minority Leader of the Senate; and (d) One member appointed by the Minority Leader of the Assembly. 3. The Legislative Commission shall appoint a Chair and a Vice Chair from among the members of the interim committee. 4. In conducting the study, the interim committee shall consult with and solicit input from natural persons and organizations with expertise in matters relevant to the behavioral and cognitive care of older persons in this State, including, without limitation: (a) An employee or other person selected or otherwise designated by the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services. (b) A representative from an association that provides services to persons with Alzheimer’s disease. (c) A medical professional with expertise in cognitive disorders, including without limitation, a neurologist, gerontologist, geropsychiatrist or geropsychologist. (d) A representative of the Nevada System of Higher Education with expertise in cognitive disorders. (e) A representative from a nonprofit community agency that provides caregiver support and services to older persons in this State with behavioral or cognitive health issues, including without limitation, a representative with experience or knowledge of suicide awareness, education and prevention as it relates to suicide among older persons. (f) The Administrator of the Aging and Disability Services Division of the Department of Health and Human Services or other person from the Division designated by the Administrator. 5. The interim committee shall examine, research and identify: (a) Potential sources of state funding available to support evidence-based statewide community programs to aid caregivers who are caring for older persons with behavioral and cognitive health issues, including, without limitation: (1) Offering information about programs and services designed to aid caregivers who are caring for older persons with behavioral and cognitive health issues; (2) The provision of training in select evidence-based community programs for caregivers, social service providers, health care workers and family members; (3) The creation of a sliding fee scale to address the affordability of mental health services; (4) Providing a substitute caregiver to ensure the safety and well-being of an older person who has behavioral or cognitive health issues while the family attends training; and (5) The creation of a sliding fee scale to address the affordability of respite services; (b) Potential sources of state funding to assist Nevada Care Connection and Nevada 2-1-1 in the creation of a “No Wrong Door” program to assist caregivers of older persons with behavioral and cognitive health issues;

3 (c) The potential for establishing a higher rate of reimbursement by Medicaid for nursing facilities prepared and trained to support older persons with behavioral and cognitive health issues, thereby allowing such older persons to remain in their own communities rather than being placed in out-of-state facilities; and (d) The provision of education and training for health care professionals in the screening, diagnosis and treatment of behavioral and cognitive diseases prevalent in older persons. 6. The Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmittal to the 80th Session of the Nevada Legislature.

4 ABSTRACT

COMMITTEE TO STUDY THE NEEDS RELATED TO THE BEHAVIORAL AND COGNITIVE CARE OF OLDER PERSONS

Senate Bill 121 (Chapter 522, Statutes of Nevada 2017)

Senate Bill 121, approved by the Legislature during the 2017 Session, requires the Legislative Commission to appoint a committee to conduct a study during the 2017–2018 Interim concerning issues regarding the behavioral and cognitive care needs of older persons in Nevada. The committee was comprised of three members of the Senate and three members of the Assembly. The committee was required to examine, research, and identify:

• Potential sources of state funding available to assist and support caregivers who are caring for older persons with behavioral and cognitive health issues;

• The potential for establishing a higher rate of reimbursement by Medicaid for nursing facilities;

• The potential sources of state funding to assist Nevada Care Connection and Nevada 2-1-1 in the creation of a “No Wrong Door” program to assist caregivers; and

• The provision of education and training for health care professionals in the screening, diagnosis, and treatment of behavioral and cognitive diseases prevalent in older persons.

The Legislative Commission is requested to submit a report of the results of the study and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmittal to the 80th Session of the Nevada Legislature.

SUMMARY OF RECOMMENDATIONS

COMMITTEE TO STUDY THE NEEDS RELATED TO THE BEHAVIORAL AND COGNITIVE CARE OF OLDER PERSONS

Senate Bill 121 (Chapter 522, Statutes of Nevada 2017)

On June 14, 2018, during the fourth and final meeting of the Committee to Study the Needs Related to the Behavioral and Cognitive Care of Older Persons, the members conducted a work session and voted to forward four recommendations as bill draft requests (BDRs) to the 2019 Legislature. In addition, Committee members recommended composing ten letters and seven statements of support in the Committee’s final report expressing their support for specific issues and encouraging certain actions.

During the drafting process, specific details of the following proposals for legislation and letters may be further clarified by staff in consultation with the chair or others, as appropriate. If a proposal for legislation or a letter includes reference to specific chapters or statutes of Nevada Revised Statutes (NRS), as part of the drafting process, amendments to other related chapters or sections of NRS may be made to fully implement the proposals.

A summary of each BDR, letter, and statement of support recommended by the Committee has been provided below.

RECOMMENDATIONS FOR LEGISLATION

1. Submit a BDR making an appropriation to fund the participation of certain students who participate through the Western Regional Education Compact with a focus on certain health-related fields that include geriatric training. (BDR –98)

2. Submit a BDR to change guardianship laws so individuals with dementia can make decisions on their own for as long as they can make decisions. The BDR would allow individuals with dementia to designate specific people who can assist them in supportive decision making.

This BDR would also include language to amend the applicable provisions in Chapter 253 of NRS to require a public guardian, upon referral from law enforcement, adult/elder protective services or a judge, to investigate the financial status, assets and medical, personal, and family history of the referred individual. In addition, it would require the public guardian to receive otherwise confidential medical, personal, and/or financial records in conjunction with a referral for possible guardianship made by law enforcement, adult/elder protective services or a judge. (BDR –99)

3. Submit a BDR making an appropriation for a pilot program in a rural county to expand access to community-based services for respite, adult day care and assisted living. (BDR –100)

7 4. Submit a BDR making an appropriation to increase the Independent Living Grant vouchers from up to $1,000 to up to $1,200, and make an additional appropriation to expand the amount of funding available for the Independent Living Grant to eliminate the existing waitlist for this grant. (BDR –101)

RECOMMENDATIONS FOR COMMITTEE LETTERS

5. Submit a letter to the Governor of the State of Nevada and the Office of Grant Procurement, Coordination and Management within the Department of Administration encouraging the Executive Branch to research grants that support pilot projects targeted to deliver better care to older persons, and incorporate pilot programs determined to be efficacious into the state’s healthcare delivery model.

6. Submit a letter to the Governor of the State of Nevada, the Director of the Department of Health and Human Services, and the chairs of the Senate Committee on Finance, Senate Committee on Health and Human Services, Assembly Committee on Ways and Means, and the Assembly Committee on Health and Human Services, during the 2019 Legislative Session, recommending and expressing support for the evaluation of Medicaid rates reimbursed to community-based providers serving behaviorally complex older adults in comparison to Medicaid rates reimbursed to skilled nursing facilities, also serving behaviorally complex older adults, in order to determine if the rates provided for the types of facilities are comparable with the level of services being provided.

7. Submit a letter to the Director of the Department of Health and Human Services and the Administrator of the Division of Health Care Financing and Policy encouraging the division to conduct an analysis on potential cost savings that could result from providing a Medicaid premium reimbursement for providers and facilities that employ professionals who are required to receive evidence-based education and training in the management of individuals with behavioral and cognitive health issues. The letter should encourage the division to determine if the training would result in lower levels of assistance (in-home or community-based care as opposed to skilled nursing facilities), and consequently lower costs.

8. Submit a letter to the Director of the Department of Health and Human Services encouraging the Department to evaluate how the addition of a fourth-tier Medicaid reimbursement rate for assisted living service providers that care for individuals who are behaviorally complex, as approved by the 2017 Legislature, has impacted the relocation of hard-to-place individuals to out-of-state facilities for specialized care.

9. Submit a letter to the Director of the Department of Health and Human Services encouraging the department to review staffing levels of health professionals and other staff in skilled nursing facilities to determine if the levels are appropriate.

10. Submit a letter to the Chancellor of the Nevada System of Higher Education (NSHE), as well as the Deans that oversee NSHE’s Schools of Medicine, encouraging the System to research different ways to expand the pipeline of students receiving higher education in health-related fields specializing in geriatric care.

8 11. Send a letter to the Chancellor of the Nevada System of Higher Education and the Dean of the University of Nevada, Las Vegas Boyd School of Law encouraging the provision of programs that include specific training related to Alzheimer’s disease and other forms of dementia to educate law students and the legal community on issues such as competency and guardianship.

12. Submit a letter to the State Bar of Nevada encouraging it to promote awareness and education related to Alzheimer’s disease and other forms of dementia through the Board of Continuing Legal Education.

13. Submit a letter to the Board of Medical Examiners encouraging the Board to direct primary care physicians to use the guidelines developed by the Alzheimer’s Association to diagnose dementia and Alzheimer’s disease.

14. Submit a letter to the Nevada Association of Counties encouraging the counties to consider expanding the role of their community paramedicine services to include routine health services for persons with mobility limitations.

RECOMMENDATIONS FOR STATEMENTS IN THE FINAL REPORT

15. Include a statement in the final report encouraging healthcare provider training in programs focused on recognizing, diagnosing, treating, and preventing behavioral and cognitive problems in older persons, as well as support for courses in evidence-based, caregiver-implemented interventions for cognitive and behavioral care for older persons.

16. Include a statement in the final report encouraging the creation of a mobile crisis unit trained to treat people with dementia in the person’s home or in a facility setting to minimize the need to hospitalize or relocate the person to an unfamiliar, and often more costly, service setting.

17. Include a statement in the final report promoting collaboration between health care organizations and homeless shelters to ensure homeless people with dementia are receiving the proper treatment.

18. Include a statement in the final report supporting the Task Force on Alzheimer’s Disease to develop recommendations for caregiver training to identify the root causes of difficult behaviors demonstrated by individuals with dementia.

19. Include a statement in the final report encouraging the enhancement of telehealth capabilities and the inclusion of remote monitoring and distance education for health professionals and nonprofessional caregivers. This statement should also encourage the expansion of telemedicine services provided by individuals with training, experience and expertise in cognitive and behavioral care for older persons.

20. Include a statement in the final report supporting the expansion of community-based residential facilities (group homes) located in rural communities that have the ability to provide long-term care for a small number of individuals with dementia.

9 21. Include a statement in the final report encouraging the expansion of community-based services for older persons with cognitive and behavioral health issues, such as in-home personal care services and homemaker services.

LEGISLATIVE COMMITTEE ON CHILD WELFARE AND JUVENILE JUSTICE

Nevada Revised Statutes 218E.705

Members

Assemblywoman Daniele Monroe-Moreno, Chair Senator Patricia Farley, Vice Chair Senator Pete Goicoechea Senator Tick Segerblom Assemblyman Ozzie Fumo Assemblyman John Hambrick

Staff Contacts

Research Division: Patrick Guinan, Senior Principal Policy Analyst Julianne King, Research Policy Assistant (775) 684-6825

Legal Division: Bryan J. Fernley, Senior Principal Deputy Legislative Counsel Michael K. Morton, Senior Deputy Legislative Counsel (775) 684-6830

Nevada Revised Statutes

NRS 218E.705 Creation; membership; budget; officers; terms; vacancies. 1. The Legislative Committee on Child Welfare and Juvenile Justice is hereby created. The membership of the Committee consists of three members of the Senate and three members of the Assembly, appointed by the Legislative Commission. 2. The Legislative Commission shall review and approve the budget and work program for the Committee and any changes to the budget or work program. 3. The Legislative Commission shall select the Chair and Vice Chair of the Committee from among the members of the Committee. After the initial selection, each Chair and Vice Chair holds office for a term of 2 years commencing on July 1 of each odd-numbered year. The office of Chair of the Committee must alternate each biennium between the Houses. If a vacancy occurs in the office of Chair or Vice Chair, the vacancy must be filled in the same manner as the original selection for the remainder of the unexpired term. 4. A member of the Committee who is not a candidate for reelection or who is defeated for reelection continues to serve after the general election until the next regular or special session convenes. 5. A vacancy on the Committee must be filled in the same manner as the original appointment for the remainder of the unexpired term. (Added to NRS by 2009, 2545; A 2011, 3233)

ABSTRACT

LEGISLATIVE COMMITTEE ON CHILD WELFARE AND JUVENILE JUSTICE

Nevada Revised Statutes 218E.705

The Legislative Committee on Child Welfare and Juvenile Justice was established in 2009 with the Nevada Legislature’s passage of Senate Bill 3. During the course of the 2017–2018 Interim, the Committee held four meetings, including one work session. The meetings were held at the Grant Sawyer State Office Building in Las Vegas, Nevada, with simultaneous videoconferencing to the Legislative Building in Carson City, Nevada.

During each meeting, the Committee received formal presentations and expert and public testimony on a broad range of topics involving child welfare and juvenile justice. Issues included:

• Revision of laws related to the protection of children;

• Improvements to programs designed to assist Nevada’s foster youth population;

• Crossover populations in the child welfare and juvenile justice systems;

• Prevention of the commercial sexual exploitation of children;

• Sentencing and incarceration of juvenile offenders, with special focus on female offenders;

• Reviewing the work and priorities of several child welfare related organizations;

• Alternative and diversionary programs for at-risk youth, and

• Challenges in securing consistent funding for specialized foster care providers, fictive kin, foster youth under court supervision, and foster youth entering secondary education.

At its final meeting and work session, the Committee adopted six recommendations for bill draft requests (BDRs) to be considered by the 2019 Nevada Legislature. These BDRs concern the funding apparatus and quality of data systems for child welfare, various elements of juvenile detention, foster youth education, financial resources for fictive kin and foster youth, and preventing commercial sexual exploitation of children.

More information about the Committee’s activities—including minutes, recordings, and copies of presentations and other exhibits—may be accessed on the Committee’s meeting page for the 2017–2018 Interim.

SUMMARY OF RECOMMENDATIONS

LEGISLATIVE COMMITTEE ON CHILD WELFARE AND JUVENILE JUSTICE

Nevada Revised Statutes (NRS) 218E.705

This summary presents the recommendations approved by the Legislative Committee on Child Welfare and Juvenile Justice at its meeting on August 24, 2018. The bill draft requests (BDRs) will be forwarded to the Legislative Commission for transmittal to the 80th Session of the Nevada Legislature.

RECOMMENDATIONS FOR LEGISLATION

Juvenile Detention

1. Draft legislation requesting an interim study of juvenile detention in Nevada to be conducted by the Legislative Committee on Child Welfare and Juvenile Justice. The study is to include research on utilizing a regional approach to housing children locally, as well as other issues regarding placement of children, including bed space, educational and wellness programming, family and community contact, and other relevant information. (BDR –450)

Funding of Child Welfare Programs

2. Draft legislation requesting an appropriation of $250,000 to conduct an independent interim study of funding within Nevada’s child welfare system to include a cost-benefit analysis of replacing the Unified Nevada Information Technology for Youth (UNITY) system. The Legislative Committee on Child Welfare and Juvenile Justice will oversee the study. (BDR –451)

Resources for Fictive Kin

3. Draft legislation to amend Chapter 422A of NRS to provide that, to the extent authorized by federal law, the director of the Department of Health and Human Services (DHHS) is required to include in the state plan for Temporary Assistance for Needy Families provisions for the payment of child-only assistance to a fictive kin caregiver. (BDR –452)

Independent Living Stipends for Foster Youth

4. Draft legislation to provide children who are adopted before 18 years of age the same financial assistance that is provided pursuant to NRS 432B.591 through 432B.595 to children who remain under the jurisdiction of the juvenile court at 18 years of age and who elect to remain under the jurisdiction of the court after 18 years of age. (BDR –453)

7 Commercial Sexual Exploitation of Children

5. Draft legislation creating a new Chapter 432C of NRS to ensure compliance with the federal Child Abuse Prevention and Treatment Act of 2010 and the Justice for Victims of Trafficking Act of 2013 and to comply with the Program Improvement Plan as required by the Administration for Children and Families of the United States Department of Health and Human Services. (BDR –457)

Foster Youth Education

6. Draft legislation to require that:

a. All foster youth have an identified educational decision maker;

b. An academic learning plan be attached to foster youth court reports;

c. Court reports include a foster youth’s educational information; and

d. The Legislature create a funding mechanism for foster youth entering secondary education. (BDR –458)

RECOMMENDATIONS FOR COMMITTEE ACTION

7. Send a letter urging Nevada’s Department of Corrections to pursue memorandums of understanding with appropriate local or state entities to allow female juvenile offenders to be housed in local rather than out-of-state facilities or the Florence McClure Women’s Correctional Center.

8. Send a letter to the governor, the Senate Committee on Finance, the Assembly Committee on Ways and Means, and the DHHS urging that state and local child welfare agencies fund the full cost of child care for foster children at the current market rate.

9. Send a letter to the governor, the Senate Committee on Finance, the Assembly Committee on Ways and Means, the DHHS, and the Administrative Office of the Courts supporting the creation of a waiver program to defray the costs of juvenile justice involvement for families with limited resources. The letter is to include a request that relevant entities provide information on any cost waiver programs already in place in order to facilitate a best practices assessment and create uniformity in the future.

10. Send a letter to the governor, the Senate Committee on Finance, the Assembly Committee on Ways and Means, Nevada’s Department of Education, and the DHHS urging the establishment of an independent auditor to review complaints and grievances submitted by youth involved in the child welfare and/or juvenile justice systems. The letter is also to urge that the relevant agencies determine the feasibility of establishing the complaint system to function in coordination with the SafeVoice system that is currently available to all students, faculty, and parents in Nevada.

8 11. Send a letter to the governor, the Senate Committee on Finance, and the Assembly Committee on Ways and Means urging that they support and adequately fund the priorities of the Nevada Children’s Behavioral Health Consortiums as outlined by the Consortiums in a presentation to the Committee.

12. Send a letter to the Legislative Commission requesting that the Commission direct the legislative auditor to conduct an audit of the results of the family-to-family peer support pilot project authorized under Assembly Bill 307 (2015) to assist youths in Clark County who are at risk of long-term residential treatment.

13. Send a letter to the governor, the Senate Committee on Finance, and the Assembly Committee on Ways and Means urging that they support and fully fund programs for specialized foster care.

LEGISLATIVE COMMITTEE ON EDUCATION

Nevada Revised Statutes 218E.605

Members

Senator Moises (Mo) Denis, Chair Assemblyman Tyrone Thompson, Vice Chair Senator Donald (Don) G. Gustavson Senator Patricia (Pat) Spearman Senator Joyce Woodhouse Assemblywoman Teresa Benitez-Thompson Assemblywoman Brittney Miller Assemblywoman Jill Tolles

Staff Contacts

Research Division: Kelly Richard, Senior Principal Policy Analyst Jen Sturm, Senior Policy Analyst Christina Harper, Research Policy Assistant (775) 684-6825

Fiscal Analysis Division: Julie Waller, Senior Program Analyst Jaimarie Dagdagan, Program Analyst Adam Drost, Program Analyst (775) 684-6821

Legal Division: Asher A. Killian, Senior Principal Deputy Legislative Counsel Victoria Gonzalez, Deputy Legislative Counsel (775) 684-6830

Nevada Revised Statutes

NRS 218E.605 Creation; membership; budget; officers; terms; vacancies. 1. The Legislative Committee on Education, consisting of eight legislative members, is hereby created. The membership of the Committee consists of: (a) Four members appointed by the Majority Leader of the Senate, at least one of whom must be a member of the minority political party. (b) Four members appointed by the Speaker of the Assembly, at least one of whom must be a member of the minority political party. 2. The Legislative Commission shall review and approve the budget and work program for the Committee and any changes to the budget or work program. 3. The Legislative Commission shall select the Chair and Vice Chair of the Committee from among the members of the Committee. Each Chair and Vice Chair holds office for a term of 2 years commencing on July 1 of each odd-numbered year. The office of Chair of the Committee must alternate each biennium between the Houses. If a vacancy occurs in the office of Chair or Vice Chair, the vacancy must be filled in the same manner as the original selection for the remainder of the unexpired term. 4. A member of the Committee who is not a candidate for reelection or who is defeated for reelection continues to serve after the general election until the next regular or special session convenes. 5. A vacancy on the Committee must be filled in the same manner as the original appointment for the remainder of the unexpired term. (Added to NRS by 1997, 1775; A 2009, 1150, 1560; 2011, 3230) — (Substituted in revision for NRS 218.5352)

ABSTRACT

LEGISLATIVE COMMITTEE ON EDUCATION

Nevada Revised Statutes (NRS) 218E.605

Nevada’s Legislative Committee on Education (LCE) is a permanent committee of the Nevada Legislature whose authorization and duties are set forth in Chapter 218E (“Legislative Investigations and Hearings; Legislative Commission and Other Committees”) of NRS. Created in 1997 with the enactment of Senate Bill 482, known as the Nevada Education Reform Act, the LCE reviews and monitors the condition of public elementary and secondary education. It may recommend legislation in a number of areas, including statewide programs in accountability, student performance, teacher preparation, compliance with federal requirements, the statewide student information system, class-size reduction, and any other fiscal or policy concerns associated with public education. The creation of the LCE, its membership, and powers and duties are codified in NRS 218E.600 through 218E.615.

The LCE held seven meetings during the 2017–2018 Interim. The first six meetings were held at the Grant Sawyer State Office Building in Las Vegas, Nevada, and videoconferenced to the Legislative Building in Carson City, Nevada. The final interim LCE meeting was held at the Legislative Building in Carson City and videoconferenced to the Grant Sawyer State Office Building in Las Vegas.

Pursuant to the LCE’s charge as provided in NRS 218E.615, the LCE considered a number of topics relating to elementary and secondary education and received presentations regarding:

• Approaches to education systems in high-performing states and countries, especially in the areas of career and technical education (CTE);

• Early childhood education (ECE);

• The teaching profession;

• School discipline practices and data;

• ECE quality and access;

• Teacher recruitment, retention, preparation, licensure, compensation, and induction;

• Issues concerning students with disabilities;

• Issues related to charter schools;

• Updates related to the Clark County School District (CCSD) reorganization plan;

• Student assessments;

5 • Student safety and well-being;

• School district funding strategies;

• Several K–12 education programs created or expanded by the 2017 Legislature;

• Recommendations for policy action by the LCE; and

• Issues relating to postsecondary education, including CTE, teacher preparation, and scholarship programs.

At its work session on August 9, 2018, the LCE approved 13 proposals for legislation to be considered by the 80th Session of the Nevada Legislature and another 24 proposals for issuing correspondence or including position statements in its final report. Topics of bill draft requests include: Nevada’s education system; budgeting and funding of education; educational and other school-based personnel; student health and safety; and miscellaneous matters related to education including, but not limited to, charter schools and the English Mastery Council.

6 SUMMARY OF RECOMMENDATIONS

LEGISLATIVE COMMITTEE ON EDUCATION

Nevada Revised Statutes (NRS) 218E.605

This summary presents the recommendations approved by the Legislative Committee on Education (LCE) at its meeting on August 9, 2018. The bill draft requests (BDRs) will be forwarded to the Legislative Commission for transmittal to the 80th Session of the Nevada Legislature.

RECOMMENDATIONS FOR LEGISLATION

Study of Nevada’s Education System

1. Study of Nevada’s Education System—Propose legislation to create a long-term stakeholder group, whose makeup would be similar to Maryland’s Commission on Innovation and Excellence in Education, to develop a statewide vision and implementation plan to create a world-class education system, so that Nevada’s students can match the performance of the world’s best. The group would:

a. Oversee a benchmarking or gap analysis study comparing Nevada’s education policies to those of high-performing international and domestic education systems to enable Nevada to reach high student performance with equity. As part of the gap analysis, make recommendations on how to adapt international domestic education policies into a coherent system that works for Nevada’s context;

b. Review the findings of any previous or ongoing studies related to funding in order to meet identified objectives;

c. Develop cost analyses and an implementation plan for the recommendations; and

d. Consider hiring the National Center on Education and the Economy or an organization with similar expertise and qualifications to perform the technical work. (BDR –386)

Funding of Education

2. Equity Allocation Model—Propose legislation to require the Superintendent of Public Instruction to review and present the revisions to the equity allocation model to the LCE by May 1 of each even-numbered year, and prohibit adoption of those revisions prior to July 1 of that year, in order to provide the LCE with the opportunity to provide recommendations. (BDR –387)

7 Educational Personnel

3. Alternative Route to Licensure (ARL)—Propose legislation to allow military personnel, veterans, and their spouses, who have completed another state’s ARL coursework and testing, to be issued a Nevada ARL license in order to complete two to three years of successful classroom teaching required for issuance of a renewable professional license. (BDR –388)

4. Expedited Licensure of Military Spouses—Propose legislation to require the expediting of all teaching licensure and school district employment applications for spouses of active duty personnel. (BDR –388)

5. Veteran Employment in School Districts—Propose legislation to allow a United States Department of Defense Joint Service transcript, when available, to be considered for training and experience credit for veterans who are seeking skilled trade licenses to qualify for jobs with school districts. (BDR –388)

6. Tiered License Structure—Propose legislation to create a task force comprised of current practicing teachers, persons with expertise in systems design, and a representative of Nevada’s Department of Education (NDE), the Nevada System of Higher Education (NSHE), the Office of Workforce Innovation within the Office of the Governor, and a collective bargaining unit to develop a tiered career pathway for educators. The task force would study professional designations and employment designations (including those of paraprofessionals and early childhood educators) within the state and make recommendations to the Commission on Professional Standards in Education, NDE, for the implementation of a tiered license structure connected to and informed by formalized and specified scopes of practice. In the course of the study, the task force would also consider:

a. The incorporation of research methods training and professional development requirements; and

b. The development of rigorous student teaching standards and a licensure endorsement for supervising teachers. (BDR –389)

Student Health and Safety

7. Data Collection and Distribution Related to School Discipline—Propose legislation to provide for the collection and reporting through Infinite Campus of all school discipline data by student subgroups, including suspension and expulsion counts as separate incidents. Include a mandate to require NDE to:

a. Develop and provide guidance to the districts on expanding data collection;

b. Standardize definitions of offense types and sanctions in order to ensure consistency across schools and districts; and

8 c. Provide training and professional development to build staff capacity to utilize Infinite Campus to create reports, interpret results, and develop responsive action plans. (BDR –390)

8. School Climate and Discipline Data Reports—Propose legislation to require NDE to provide an annual report to the Legislature on school discipline metrics and identified areas in which NDE is to provide support or attention to address school discipline data trends. Further, require NDE to include school discipline metrics in its regular report to the State Board of Education. (BDR –390)

Miscellaneous Matters in Education

9. Charter School Contracts—Propose legislation to provide charter school authorizers discretion with regard to the term of renewal contracts between three and ten years, retaining a six-year term for the initial license. (BDR –391)

10. Charter School Regulation—Propose legislation to develop a statutory framework specific to online charter schools. (BDR –392)

11. English Mastery Council—Propose legislation to extend the English Mastery Council for three years (spring 2022) to enable the Council to continue its work in a format that allows for legislative recommendations and provides a voice for English learners in this state. (BDR -393)

12. English Mastery Council—Propose legislation to expand the English Mastery Council to improve the quality of education for all students who are least proficient in English. This will help reduce the proficiency gap and support districts to serve the least proficient subgroups, as required by Nevada’s plan approved under the federal Every Student Succeeds Act. (BDR -393)

13. Support for Homeless and Foster Students—Propose legislation to increase school districts’ flexibility to award credits for diplomas, while in abidance of state standards, in order to increase high school graduation rates for students experiencing homelessness and those in foster care. (BDR –394)

RECOMMENDATIONS FOR COMMITTEE ACTION

Education Budget and Funding

14. Budgeting—Include a statement in the Committee’s final report expressing support for continued discussion between the Clark County School District (CCSD) and Legislative Counsel Bureau staff concerning budgetary timelines.

9 15. Equity Allocation Model—Send a letter to NDE explaining that due to the lack of time to hear, review, and make recommendations related to the equity allocation model prior to its adoption, the LCE will not make a formal recommendation related to the equity allocation model changes presented on June 21, 2018.

16. Increase Education Funding From Certain Revenue Sources—Send a letter to the Governor and members of the 80th Nevada Legislature expressing support for funding streams to increase the level of overall K–12 education funding, that includes:

a. Allowing Initiative Petition 1 of the 2009 Session, otherwise known as the Room Tax Initiative, to go into effect as written and submitted by Nevada voters;

b. Dedicating funding from the 10 percent retail excise tax on recreational marijuana, gained from the enactment of Senate Bill 487 in 2017, to increase, and not supplant, K–12 education funding; and

c. Ensuring, beginning in Fiscal Year 2020, revenue from the 15 percent excise tax on wholesale marijuana, established through the approval of Ballot Question 2 of the 2016 General Election, increases K–12 education funding, rather than supplants the state’s contribution to the K–12 education budget.

Nevada’s System of Higher Education

17. Education Preparation Programs—Send a letter to the Board of Regents of the University of Nevada, with a copy to the Superintendent of Public Instruction, requesting NSHE study and provide information to the members of the Senate and Assembly Standing Committees on Education and the LCE no later than the first day of the 80th Session of the Nevada Legislature on the following:

a. The potential creation of professional teaching schools, which may include:

i. A clinical master’s degree program that is guided by professional standards of practice and is research-based and oriented;

ii. Learning in practice with expert mentors and professional teaching school partnerships; and

iii. State of the art clinical or residency-type education, with tightly linked coursework to allow for the development of new curriculum and conduct of research;

b. The addition of appropriate courses and capstone projects as graduation requirements that demonstrate how students know research methods, enable them to determine the effectiveness of their own work, and develop and implement improved curriculum, instruction, and assessment in their schools;

10 c. Requiring interviews and other highly selective criteria for all education program applicants, including an assessment of an applicant’s aptitude for successful program completion;

d. Rigorous coursework requirements that include classroom management and culturally responsive teaching practices;

e. The cost to provide a stipend or salary to student teachers;

f. The potential cost to provide full scholarships for students who plan to attend NSHE institutions who:

i. Are in the top of their high school graduating class anywhere in the country or have otherwise demonstrated the potential to be a high-performing teacher;

ii. Choose education as a major; and

iii. Agree to a five-year service commitment that includes claw back provisions in a Nevada public school as repayment; and

g. The potential cost of a scholarship and outreach program targeted at paraprofessionals who already work directly with students and who have been recognized by school administrators as having an aptitude for teaching to incentivize them to become licensed teachers, with a specific focus on paraprofessionals who speak Spanish.

18. School-Based Mental Health Pipeline—Send a letter to the Board of Regents requesting NSHE study and provide information to the members of the Senate and Assembly Standing Committees on Education and the LCE no later than the first day of the 80th Session of the Nevada Legislature on the creation of a school-based mental health pipeline, that includes:

a. Incentives for students to enter and stay in Nevada to practice in the fields of psychology and social work through loan forgiveness programs;

b. Expansion of higher education training programs for school psychology and social work;

c. Creation of stacked degree programs for school psychologists and other school-based mental health professions; and

d. Requirements for coursework in cultural competence.

Career and Technical Education

19. Career and Technical Education Funding—Send a letter to the Governor and members of the Senate Committee on Finance and Assembly Committee on Ways and Means expressing support for additional funding to increase capacity in CTE programs, particularly those

11 programs that focus on at-risk students living in areas where CTE programs are scarce or not currently offered.

20. Career Pathways—Send a letter to the State Board of Education and the Superintendent of Public Instruction requesting NDE to examine recognizing additional pathways in the arts, audio/visual technology, and communications career cluster.

21. Dual Credit Coursework—Send a letter to the board of trustees and superintendent of each school district, the State Board of Education, the Superintendent of Public Instruction, and the Board of Regents encouraging school districts to expand dual credit coursework opportunities, including coursework that provides a certificate, credential, certification, or other recognition of career or technical skills earned by the student, as well as credit for internships, apprenticeships, and cooperative employment.

22. Jobs for America’s Graduates Funding—Send a letter to the Governor and members of the Senate Committee on Finance and Assembly Committee on Ways and Means expressing support for additional funding for the Jobs for America’s Graduates (JAG) Nevada program to implement the JAG program in more Nevada schools, including middle schools.

Early Childhood Education

23. Early Childhood Education and Care Funding—Send a letter to the Governor, members of the Senate Committee on Finance and Assembly Committee on Ways and Means, State Board of Education, and Superintendent of Public Instruction expressing support for an increase in funding to allow Nevada families to access high-quality early childhood education and care. The letter will include the following recommendations:

a. Increase the child care development fund contribution to allow more families access to early childhood education programs, include the use of current market rates to reimburse providers, and expand access to the program for parents attending school or training;

b. Develop and expand pre-kindergarten (pre-K) programs offered in both public and private sectors through inclusion in the state education funding formula and/or enhancement of the Nevada State Funded Pre-K Program;

c. Increase access to early childhood programs in high poverty areas and increase funding for the child care subsidy program for seats in 4- and 5-star rated child care centers;

d. Prioritize students for whom pre-K will close the opportunity gap the fastest (e.g., students enrolled in free and reduced-price lunch and English learners); and

e. Provide funding for parental involvement and family engagement classes and other professional development opportunities for early childhood education and care workers.

12 Educational Personnel

24. Peer Assistance and Review—Send a letter to the Governor and members of the Senate Committee on Finance and Assembly Committee on Ways and Means expressing support for additional funding to expand peer assistance and review (PAR) programs statewide, including:

a. Funding for PAR programs and high-quality induction programs throughout the state;

b. Setting a goal, vision, and timeline for all new teachers and any teacher new to a district to have access to a robust induction program in the State of Nevada, regardless of the district in which they work;

c. Working with the Commission on Professional Standards in Education to develop a certification or credential standard and process for PAR, consulting teachers and/or equivalent supervising teachers to participate in induction programs in the state, and to incentivize districts to use the definition;

d. Setting out evaluation criteria for induction programs;

e. Once defined, financially incentivizing districts to require any consulting teacher or equivalent professional to maintain certification and obtain ongoing professional development specifically for being a consulting teacher; and

f. Integrating PAR into other professional frameworks, including formal career pathways.

Student Health and Safety

25. School Police—Send a letter to the Governor expressing support for legislation to include school police in the statutory definition of “school resource officer” and allow expanded jurisdiction for school police to conduct investigations, engage in crime prevention programs, and participate in joint task forces.

26. School Discipline Data Availability—Send a letter requesting NDE to:

a. Establish a clear pathway to school discipline data on its website, making it more intuitive and user-friendly;

b. Consider including school discipline and climate data on the Nevada Report Card website; and

c. Explore opportunities to develop more customized reports for discipline data so schools and districts can drill down to their particular needs.

13 27. Restorative Justice Programs Funding—Send a letter to the Governor and members of the Senate Committee on Finance and Assembly Committee on Ways and Means expressing support for funding for restorative justice programs, that includes the following:

a. Implementation of programs on a statewide basis to address childhood trauma;

b. Evidence-based restorative justice options to improve school culture, climate, safety, and student outcomes (e.g., multi-tiered support systems, early warning systems, positive behavioral interventions and supports, social workers in schools, social emotional learning curriculum, and trauma informed practices) and implementing policy changes to create aligned statewide expectations to ensure return on investment and create funding streams through state grants;

c. State juvenile assessment center models that focus on assessment and assistance to youth and families such as The Harbor in Clark and Washoe Counties; and

d. School justice partnerships that incorporate restorative justice approaches to divert children from the juvenile justice system and school justice pilot programs with cross agency stakeholder commitment.

28. School Police Funding—Send a letter to the Governor and members of the Senate Committee on Finance and Assembly Committee on Ways and Means expressing support for funding for mental health supports, school resource officers, and school police officers in middle schools.

29. School Climate Surveys—Send a letter requesting NDE to identify a subset of school climate survey questions to be asked across the state so the results can be compared across schools and districts and make the climate survey data publicly available. The Department should consider whether school climate surveys should include one or more additional categories for gender to address the rights and needs of persons with diverse gender identities or expressions.

30. Sexual Harassment in Schools—Send a letter requesting NDE to examine:

a. Adopting policies that allow students to report incidents of sexual harassment anonymously, particularly for students who do not have access to a device to report incidents through SafeVoice; and

b. Providing group therapy for victims of sexual harassment.

31. Social and Emotional Learning—Send a letter to the board of trustees of each school district encouraging the use of social emotional learning and programming as part of a multi-tiered system of support.

14 32. Student Behavioral Health—Send a letter to the Governor and members of the Senate Committee on Finance and Assembly Committee on Ways and Means expressing support for the legislative priorities of the Nevada Children’s Behavioral Health Consortium related to education, that includes the following:

a. Recommend the Nevada Office for Suicide Prevention, Division of Public and Behavioral Health, Department of Health and Human Services, in collaboration with the CCSD and the Nevada Institute for Children’s Research and Policy, conduct a comprehensive survey of Clark County public, charter, and private schools that will determine the degree to which mental health and/or suicide prevention screening has been implemented. Nevada’s Department of Education’s Social Workers in Schools Program should support the implementation of an effective model of school-based mental health and suicide prevention screening that is evidence-based, is cost-effective, utilizes active parental consent, and includes procedures and resources to link identified students with needed services;

b. Expand school-based services in rural counties for mental health programs, support the Social Workers in Schools Program, and allow expansion into more rural schools; and

c. Increase supportive services to address children’s mental health needs in the Washoe County School District, such as the Safe School Professionals program and additional training from the Office for Suicide Prevention.

Miscellaneous Matters in Education

33. Data Collection for Fund Recipients—Send a letter requesting NDE to create a system to track teachers in receipt of state funds for financial assistance and incentive bonuses regarding where recipients teach, what subjects they teach, classroom performance, and reasons for exiting their original placement or the profession. The system should include the tracking of preservice teachers, completers, and graduates in state-approved NSHE and non-NSHE ARL and traditional preparation programs.

34. Disproportionality in Access—Send a letter requesting NDE to research and report to the members of the Senate and Assembly Standing Committees on Education and the LCE no later than the first day of the 80th Session of the Nevada Legislature on: (1) the availability of magnet and CTE schools and programs at the district level; and (2) NDE’s assessment of issues related to disproportionality of access.

35. Disproportionality in Access—Send a letter to the board of trustees of each school district encouraging the examination of a policy to require students who meet proficiency and aptitude requirements to be automatically opted in to honors or advanced coursework placement in order to reduce disproportionality in the student population participating in those courses.

15 36. Students With Disabilities Funding—Include a statement in the Committee’s final report expressing support for additional inquiry concerning transition services provided to students with disabilities who are pursuing a standard diploma.

37. Students With Disabilities Funding—Send a letter to the Governor and members of the Senate Committee on Finance and Assembly Committee on Ways and Means expressing support for additional funding to allow more students with disabilities to be placed in internships and other work opportunities and to provide for early intervention services.

NEVADA TASK FORCE ON FINANCIAL SECURITY

Senate Bill 118 (Chapter 220, Statutes of Nevada 2017)

Members

Assemblywoman Irene Bustamante Adams, Chair Senator Julia Ratti, Vice Chair Senator Pete Goicoechea Senator Joyce Woodhouse Assemblyman Al Kramer Assemblywoman Ellen B. Spiegel Nancy E. Brune, Ph.D. Cyndy Ortiz Gustafson Michele Johnson

Staff Contacts

Research Division: Marjorie Paslov Thomas, Senior Principal Policy Analyst Melinda (Mindy) Martini, Principal Policy Analyst Jan Brase, Research Policy Assistant (775) 684-6825

Legal Division: Bryan Fernley, Senior Principal Deputy Legislative Counsel Michael K. Morton, Senior Deputy Legislative Counsel (775) 684-6830

Senate Bill 118 (Chapter 220, Statutes of Nevada 2017)

Section 1. 1. The Nevada Task Force on Financial Security is hereby created. The Task Force consists of the following voting members: (a) Two members of the Senate appointed by the Majority Leader of the Senate; (b) Two members of the Assembly appointed by the Speaker of the Assembly; (c) One member of the Senate appointed by the Minority Leader of the Senate; (d) One member of the Assembly appointed by the Minority Leader of the Assembly; (e) Two members appointed by the Majority Leader of the Senate as follows: (1) A representative of a statewide organization that is currently engaged in activities concerning the financial security and financial education of individuals and families; and (2) A representative of an organization which is exempt from taxation pursuant to 26 U.S.C. § 501(c)(3) who has expertise in policies for building financial assets; and (f) One member appointed by the Speaker of the Assembly who is a representative of a statewide organization approved by the United States Department of Housing and Urban Development as a housing counseling agency. 2. A vacancy occurring in the appointed voting membership of the Task Force must be filled in the same manner as the original appointment. 3. At its first meeting, the voting members of the Task Force shall elect a Chair and a Vice Chair from among the voting members who are Legislators. 4. A majority of the voting members of the Task Force may appoint nonvoting advisory members to the Task Force. 5. The members of the Task Force serve without compensation or per diem allowance. A member may receive reimbursement for travel expenses if sufficient money collected pursuant to subsection 8 or 9 for the Task Force to carry out its duties is available. 6. The Task Force shall hold its first meeting by not later than September 1, 2017, and shall meet at least four times. 7. The Task Force shall consult with and solicit input from persons and entities with expertise in matters relevant to the Task Force in carrying out its duties pursuant to this section. 8. The Task Force may apply for any available grants and accept any gifts, grants or donations, including, without limitation, administrative support, to assist the Task Force in carrying out its duties pursuant to this section. 9. The Task Force shall select an organization which is exempt from taxation pursuant to 26 U.S.C. § 501(c)(3) to serve as the fiscal agent of the Task Force. As fiscal agent, that organization may accept money from private persons and entities and expend such money for the expenses incurred by the Task Force in carrying out its duties pursuant to this section. 10. The Task Force shall conduct an examination of the financial security of the residents of this State, including, without limitation, the causes, extent and consequences of financial insecurity in this State, with the goal of identifying concrete strategies and recommendations for improving the financial condition of Nevadans. The study must include, without limitation: (a) An identification and review of programs that are currently available to further the economic advancement of residents of this State and the manner in which the impact of those programs is measured; (b) A review of best practices implemented around the United States to increase the financial education of individuals and families, their access to banking and other resources to assist in

3 building assets and strategies for reducing their debt and recommendations for implementation for such practices in this State; (c) Recommendations of methods to increase the economic mobility of residents of this State to strengthen and support a resilient and growing middle class; (d) Recommendations of concrete strategies and measurable goals to increase economic opportunities and reduce financial insecurity of residents of this State, particularly low-income families and communities of color; and (e) Recommendations of concrete steps to develop a competitive workforce in this State that can meet the demands of the globally competitive market of the 21st century. 11. On or before September 1, 2018, the Task Force shall submit a report of its findings and recommendations to the Director of the Legislative Counsel Bureau for transmittal to the 80th Session of the Legislature. 12. The Task Force shall carry out the duties of this section only to the extent that money is available to do so from private persons and entities, including, without limitation, gifts, grants and donations.

4 ABSTRACT

NEVADA TASK FORCE ON FINANCIAL SECURITY

Senate Bill 118 (Chapter 220, Statutes of Nevada 2017)

The Nevada Task Force on Financial Security was created by the 2017 Legislature to examine the financial security of the residents of Nevada and the causes, extent, and consequences of financial insecurity in this state. The Task Force was charged with identifying concrete strategies and recommendations for improving the financial condition of Nevada.

The Task Force held six meetings during the 2017–2018 Interim and heard from representatives of local, state, and national organizations, businesses, state agencies, and the public to gather information about Nevada’s financial landscape. The Task Force considered a number of topics relating to financial security and received presentations regarding asset limits in public benefit programs, child care affordability, community development financial institutions (CDFIs), financial education, the financial health of diverse households in Nevada, medical debt; retirement security programs, short-term lending and consumer protections, and the state of financial security in Nevada.

The Task Force identified key legislative and policy changes in three areas: (1) increasing the economic mobility of Nevada residents and strengthening and supporting a resilient and growing middle class; (2) increasing economic opportunities and reducing financial insecurity for Nevada’s residents; and (3) developing a competitive workforce.

At its work session on August 29, 2018, the Task Force approved 11 recommendations for legislation and another 8 proposals for issuing correspondence or including position statements in its final report. Recommendations for legislation relate to the following topics:

• Apprenticeship programs;

• Asset limits for Temporary Aid for Needy Families;

• CDFIs;

• Database of all deferred deposit loans, title loans, and high-interest loans;

• Document preparation services;

• Medical debt;

• Preschool Development Grants program; and

• Retirement security program.

5 More information about the Task Force’s activities, including minutes, recordings, and copies of presentations and other exhibits, may be accessed on the Task Force’s website for the 2017-2018 Interim.

6 SUMMARY OF RECOMMENDATIONS

NEVADA TASK FORCE ON FINANCIAL SECURITY

Senate Bill 118 (Chapter 220, Statutes of Nevada 2017)

This summary presents the recommendations approved by the Nevada Task Force on Financial Security at its meeting on August 29, 2018. The Task Force was not allocated any bill draft requests (BDRs); therefore, recommendations for legislative action may be requested by a legislator for introduction during the 80th Legislative Session. Members of the Task Force noted that recommendations related to legislative action were approved as policy recommendations only. Support of those recommendations do not imply support or opposition of the language that may be contained in a BDR.

RECOMMENDATIONS RELATING TO INCREASING THE ECONOMIC MOBILITY OF NEVADA RESIDENTS AND STRENGTHENING AND SUPPORTING A RESILIENT AND GROWING MIDDLE CLASS

Legislative Action

1. Create a Nevada Employee Savings Trust. The Trust would provide a state-supported retirement program for private sector employees who do not have access to an employer-sponsored retirement program.

2. Establish a statewide database for all loans made pursuant to Chapter 604A (“Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services”) of Nevada Revised Statutes (NRS).

3. Amend Chapter 240A (“Document Preparation Services”) of NRS, which relates to tax preparers, so that it no longer conflicts with federal law.

Other Action

4. Include a statement in the Task Force’s final report necessitating the need for data at the state and national level in order to improve the financial security of high-risk populations in Nevada, which would include data on access to integrated day care, asset limits in determining eligibility for Temporary Assistance for Needy Families (TANF), and employment for parents and caregivers of persons with disabilities.

5. Include a statement in the final report supporting existing financial coaching programs and encouraging the growth of such programs, which ensures that financially underserved individuals and communities have a voice in the policies that impact their lives.

6. Include a statement in the final report supporting funding for professional development to expand teaching financial literacy in schools.

7 RECOMMENDATIONS TO INCREASE ECONOMIC OPPORTUNITIES AND REDUCE FINANCIAL INSECURITY FOR NEVADA’S RESIDENTS

Legislative Action

1. Change savings penalties for TANF.

2. Consider patient protections:

a. Uniformly apply the prudent layperson standard to all insurance products. Nevada Revised Statutes 695G.170 requires managed care organizations to pay for “medically necessary emergency services” if a prudent person would have considered his or her symptoms to be of such severity as to constitute a medical emergency. State law does not apply this requirement to other insurance products. It should be noted that self-funded plans would be governed by federal law not state law.

b. Apply the adequacy of network laws to all licensed insurance products and, at a minimum, how they address and deal with emergent services.

c. Require the Legislature to study the laws and other programs that may help all Nevadans, including undocumented immigrants, to access health insurance.

3. Provide funding for ongoing support of loans under Senate Bill 126 (2017), which requires the Office of Economic Development, Office of the Governor, to develop and carry into effect a program which a business certified as a small business enterprise, minority-owned business enterprise, woman-owned business enterprise, or disadvantaged business enterprise may obtain a loan to finance the expansion of its business in this state. Note: SB 126 appropriated $1 million to the Small Business Enterprise Loan Account.

Other Action

4. Send a letter to the Governor of the State of Nevada encouraging him to support the SaverLife Program in the State of Nevada. The SaverLife Program promotes positive financial behavior through an easy-to-use tool, backed by monetary incentives. Savers enroll in the program online or via their mobile phone, link their own savings account to SaverLife, set a personal savings goal, make deposits, and earn rewards. SaverLife links to more than 9,000 financial institutions.

5. Send a letter to the Governor’s Office of Economic Development to encourage state support for loan loss reserve and collateral support programs for community development financial institutions.

8 RECOMMENDATIONS RELATING TO DEVELOPING A COMPETITIVE WORK FORCE

Legislative Action

1. Allow the Department of Employment, Training and Rehabilitation or the Office of Workforce Innovation, Office of the Governor, to provide incentive funding, if available, directly to an apprentice to cover his or her education and/or personal expenses. In order to be eligible for such funding, a person must meet certain criteria including income and county of residence.

2. Allocate approximately $26 million to continue the Preschool Development Grants program once federal funding ends on December 31, 2018, if state funding is available. Nevada’s Department of Education has requested an extension to June 30, 2019. If the extension is approved, state funding will be needed beginning July 1, 2019.

3. Allocate $13 million to serve an additional 1,500 students under the Preschool Development Grants program if the funding is not provided for in the 2019–2020 Executive Budget and money is available to fund the program.

Other Action

4. Include a statement in the final report to ensure Nevadans are aware of apprenticeship opportunities, the wages they pay, and the qualifications for the program. Also, all prospective apprentices should be aware of supportive services, such as child care, as they apply for or obtain an apprenticeship.

5. Send a letter to the Governor of the State of Nevada to support the Steps to Stars rating system for child care centers and the need to provide funding for more system staff, which includes coaches and assessors.

6. Send a letter to the Governor of the State of Nevada supporting an allocation in the Executive Budget to enhance veteran service programs, which may include collaborating with the Department of Corrections when incarcerated offenders are veterans.

9 LEGISLATIVE COMMITTEE ON HEALTH CARE

Nevada Revised Statutes 439B.200

Members

Senator Patricia (Pat) Spearman, Chair Assemblyman Michael C. Sprinkle, Vice Chair Senator Joseph (Joe) P. Hardy, M.D. Senator Julia Ratti Assemblyman James Oscarson Assemblywoman Ellen B. Spiegel

Staff Contacts

Research Division: Marsheilah D. Lyons, Chief Principal Policy Analyst Megan Comlossy, Principal Policy Analyst Janet Coons, Manager of Research Policy Assistants Jan Brase, Research Policy Assistant (775) 684-6825

Legal Division: Eric Robbins, Principal Deputy Legislative Counsel (775) 684-6830

Nevada Revised Statutes

NRS 439B.200 Creation; appointment of and restrictions on members; officers; terms of members; vacancies; annual reports. 1. There is hereby established a Legislative Committee on Health Care consisting of three members of the Senate and three members of the Assembly, appointed by the Legislative Commission. The members must be appointed with appropriate regard for their experience with and knowledge of matters relating to health care. 2. No member of the Committee may: (a) Have a financial interest in a health facility in this State; (b) Be a member of a board of directors or trustees of a health facility in this State; (c) Hold a position with a health facility in this State in which the Legislator exercises control over any policies established for the health facility; or (d) Receive a salary or other compensation from a health facility in this State. 3. The provisions of subsection 2 do not: (a) Prohibit a member of the Committee from selling goods which are not unique to the provision of health care to a health facility if the member primarily sells such goods to persons who are not involved in the provision of health care. (b) Prohibit a member of the Legislature from serving as a member of the Committee if: (1) The financial interest, membership on the board of directors or trustees, position held with the health facility or salary or other compensation received would not materially affect the independence of judgment of a reasonable person; and (2) Serving on the Committee would not materially affect any financial interest the member has in a health facility in a manner greater than that accruing to any other person who has a similar interest. 4. The Legislative Commission shall review and approve the budget and work program for the Committee and any changes to the budget or work program. The Legislative Commission shall select the Chair and Vice Chair of the Committee from among the members of the Committee. Each such officer shall hold office for a term of 2 years commencing on July 1 of each odd-numbered year. The office of the Chair of the Committee must alternate each biennium between the houses of the Legislature. 5. Any member of the Committee who does not become a candidate for reelection or who is defeated for reelection continues to serve after the general election until the next regular or special session of the Legislature convenes. 6. Vacancies on the Committee must be filled in the same manner as original appointments. 7. The Committee shall report annually to the Legislative Commission concerning its activities and any recommendations. (Added to NRS by 1987, 863; A 1989, 1841; 1991, 2333; 1993, 2590; 2009, 1154, 1568)

ABSTRACT

LEGISLATIVE COMMITTEE ON HEALTH CARE

Nevada Revised Statutes (NRS) 439B.200

The Legislative Committee on Health Care (LCHC) is a permanent committee of the Nevada Legislature whose authority and duties are set forth in NRS 439B.200 through 439B.227. Established in 1987 to provide continuous oversight of health care matters, the LCHC oversees a broad spectrum of issues related to the access, cost, and quality of health care for all Nevadans. Specifically, the LCHC is responsible for:

• Analyzing the overall system of medical care in the state to determine how to coordinate the provision of services, avoid duplication, and achieve the most efficient use of all available resources;

• Examining the health education system and hospital-related and medical malpractice issues;

• Reviewing certain health care regulations (various entities are statutorily required to submit certain reports to the LCHC throughout the interim);

• Reviewing and evaluating the quality and effectiveness of programs for the prevention of illness; and

• Reviewing health insurance issues.

The LCHC held seven meetings, including two work sessions, during the 2017–2018 Interim. Having received a waiver from the Legislative Commission to meet after the August 31, 2018, deadline prescribed by NRS 439B.210, the LCHC completed its work on September 24, 2018.

Throughout the interim, the LCHC considered a wide range of topics relating to access to care, behavioral health, children’s health, health insurance coverage and access to health care providers, oversight of certain home and community-based services and living arrangements for individuals with mental illness in Nevada, prescription drug costs, public health, and substance abuse prevention and treatment.

During its work sessions on August 27 and September 24, 2018, the LCHC approved proposals for nine bill draft requests (BDRs) to be considered by the 80th Session of the Nevada Legislature. The BDRs concern:

1. Children’s health care;

2. Data regarding providers of health care in Nevada;

3. Funding for family planning services;

5 4. Health insurance;

5. The Nevada Commission for Persons Who Are Deaf, Hard of Hearing or Speech Impaired;

6. Public health funding and federally qualified health centers;

7. Residential facilities for groups, community-based living arrangements, and certain unregulated residential facilities;

8. Substance abuse prevention and treatment; and

9. Therapeutic diets.

In addition, LCHC members authorized the chair to include 3 statements of support in its final report and send 17 letters to various agencies, legislative committees, and officials on behalf of the Committee.

6 SUMMARY OF RECOMMENDATIONS

LEGISLATIVE COMMITTEE ON HEALTH CARE

Nevada Revised Statutes (NRS) 439B.200

This summary presents the recommendations approved by the Legislative Committee on Health Care (LCHC) at its meetings on August 27 and September 24, 2018. The bill draft requests (BDRs) will be forwarded to the Legislative Commission for transmittal to the 80th Session of the Nevada Legislature.

RECOMMENDATIONS FOR LEGISLATION

Children’s Health Care

1. Propose legislation to:

a. Appropriate $500,000 per annum to the Department of Health and Human Services (DHHS) to provide monthly vouchers in the amount of $25 to participants in the Women, Infants, and Children program with children up to three years of age to support the purchase of diapers for families with limited financial resources on a first-come, first-served basis;

b. Appropriate $250,000 per annum to support stipends, technical assistance, and training to enable child care providers to offer high-quality, nutritious foods and ample opportunities for physical activity, including:

i. $50,000 per annum to the Division of Public and Behavioral Health (DPBH), DHHS, to subgrant to nonprofit organizations that provide training and technical assistance to child care providers on proper nutrition and physical activity; and

ii. $200,000 per annum to the Nevada Silver State Stars Quality Rating and Improvement System (QRIS) to provide grants to QRIS-rated child care providers for facility improvements related to providing high-quality, nutritious food and ample physical activity;

c. Authorize physicians to issue a standing order for asthma medication, such as albuterol inhalers and/or nebulizers for students with asthma;

d. Amend NRS 442.700 to reflect current standards of the Council of State and Territorial Epidemiologists to improve data collected when children are tested for lead in order to identify at-risk populations and communities; and

e. Amend Chapters 287, 422, 689A, 689B, 689C, 695A, 695B, 695C, and 695G of NRS to require insurance plans in Nevada to cover the cost of hearing aids for children. (BDR –448)

7 Data Regarding Providers of Health Care in Nevada

2. Propose legislation to:

a. Require, as a condition of licensure and relicensure, all providers of health care who are licensed in Nevada to complete a data request developed by the Division of Insurance (DOI), Department of Business and Industry (B&I). The data request shall include the following:

i. Name;

ii. Mailing address;

iii. Email address;

iv. Physical practice location(s) and portion of time spent practicing at each location;

v. Specialty;

vi. Race/ethnicity;

vii. Primary languages other than English; and

viii. License status.

The DOI may adopt regulations requiring additional areas of data collection, and it must develop and maintain a database to collect required data. Individualized data is confidential. Individualized deidentified data may be provided to governmental entities, and the DOI shall aggregate state-level data by license, which shall be public record; and

b. Require the commissioner of insurance of the DOI to develop, prescribe for use, and make available a single, standardized form for use by insurers to notify health care providers who apply for, but are not credentialed, on a health insurance network’s provider panel. The commissioner shall hold public hearings to seek input regarding the development of the form and must consider this input in developing the form. At a minimum, the form must indicate the reason for which a provider is not credentialed. (BDR –527)

Funding for Family Planning Services

3. Propose legislation to:

a. Appropriate $12 million over the 2019–2021 Biennium to the Account for Family Planning (created by Senate Bill 122 [2017]);

8 b. Authorize the use of funds in the Account by local governments to contract with the state for community health nurses and other family planning health care providers in addition to the entities currently eligible for funding pursuant to NRS 442.725; and

c. Prohibit the administrator from discriminating based on the contraceptive method when awarding grants. (BDR –446)

Health Insurance

4. Propose legislation to:

a. Allow flexibility under Nevada law if federal law is amended to allow larger tobacco- or age-rating factors;

b. Authorize the commissioner of insurance of the DOI, B&I, to enter into compacts to ensure essential insurance is available to Nevada residents and incorporate language to allow health benefit plans sold in contiguous states to be sold in Nevada when essential insurance is not available or is insufficient in the state;

c. Authorize the commissioner of insurance to apply for a state innovation waiver, in accordance with Section 1332 of the Patient Protection and Affordable Care Act;

d. Authorize the establishment of a reinsurance or high-risk pool program to mitigate the cost of health benefit plans in the individual market with the intent of helping to stabilize the individual health insurance market;

e. Impose restrictions on short-term health insurance policies currently defined within Nevada Administrative Code into NRS; and

f. Repeal the right to annual enrollment with a 90-day waiting period as provided in NRS 687B.480. (BDR –531)

The Nevada Commission for Persons Who Are Deaf, Hard of Hearing or Speech Impaired

5. Propose legislation to:

a. Change the name of the Nevada Commission for Persons Who Are Deaf, Hard of Hearing or Speech Impaired to the Nevada Commission for the Deaf and Hard of Hearing;

b. Expand the Commission membership from 9 to 11 members;

c. Revise the Commission membership such that it includes:

i. One member (rather than three) who is a user of telecommunications relay services or the services of persons engaged in the practice of interpreting or the practice of real time captioning;

9 ii. One member who is a member of an advocacy organization that has a membership of persons who are deaf, hard of hearing, or speech impaired;

iii. One member who is hard of hearing;

iv. One member who is an employment specialist; and

v. One member who is a parent of a deaf child who is five years of age or younger;

d. Appropriate $50,000 from the State General Fund or tobacco settlement funds to the Commission in each fiscal year of the 2019–2021 Biennium for administrative, per diem, and travel costs of the Commission; and

e. Amend NRS 427A.797, Telecommunication Devices for the Deaf surcharge funds, to authorize a portion of the money in the account to be used to support a full-time director for the Nevada Commission for Persons Who Are Deaf, Hard of Hearing or Speech Impaired. The director’s compensation shall be determined by the Commission. (BDR –449)

Public Health Funding and Federally Qualified Health Centers

6. Propose legislation to:

a. Prohibit state funding from being allocated or subgranted to a federally qualified health center (FQHC) with executive staff who have been convicted of a felony or had their health care professional license revoked within the last 12 years;

b. Appropriate $5 per capita to build public health infrastructure and capacity that supports foundational public health services in Nevada and:

i. Require DHHS to establish a Public Health Improvement Fund whereby:

(1) The Fund must be utilized to improve public health and must be allocated based on population to public health agencies operating under Chapter 439 of NRS;

(2) The interest and income earned on the money in the Fund must, after deducting any applicable charges, be credited to the Fund. All claims against the Fund must be paid as other claims against the state are paid;

(3) The money in the Fund remains in the Fund and does not revert to the State General Fund at the end of any fiscal year;

(4) All money that is deposited or paid into the Fund is hereby appropriated to be used for any purpose authorized by the Legislature or DPBH for expenditure or allocation in accordance with the provisions of this BDR. Money expended from

10 the Fund must not be used to supplant existing methods of funding that are available to public agencies; and

(5) The Legislature may access money in the Fund in extraordinary circumstances and/or times of severe economic duress;

ii. Require eligible public health agencies to conduct a community needs assessment;

iii. Establish a process to evaluate the health and health needs of residents and establish a system to rank them for prioritizing funding; and

iv. Allocate money for direct expenditure by the health agencies operating under Chapter 439 of NRS in accordance with their identified needs and priorities relating to public health. (BDR –529)

Residential Facilities for Groups, Community-Based Living Arrangements, and Certain Unregulated Residential Facilities

7. Propose legislation to:

a. Direct DHHS to review unlicensed group housing arrangements that provide assistance, food, shelter, and/or limited supervision to a person with a mental illness, a person with an intellectual or physical disability, or a person who is aged or infirm to determine when such arrangements require regulation. The review must consider:

i. The impact of overregulation on housing arrangement options and affordable housing; and

ii. Reasonable quality and safety protections to safeguard vulnerable populations; and

b. Broaden the definition of a referral agency in NRS 449.0305 by expanding the requirement for licensure to include any business that provides referrals to residential facilities for groups and any group housing arrangements that provide assistance, food, shelter, or limited supervision to a person with a mental illness, a person with an intellectual or physical disability, or a person who is aged or infirm. (BDR –526)

Substance Abuse Prevention and Treatment

8. Propose legislation to:

a. Clarify certain provisions of Assembly Bill 474 (2017), including requiring that the State Board of Pharmacy and all professional and occupational licensing boards that regulate health care providers who are eligible to prescribe controlled substances must develop and disseminate a clarification or technical assistance advisory bulletin to help clarify the intent of the legislation and which drugs are affected by the legislation. (BDR –447)

11 Therapeutic Diets

9. Propose legislation to:

a. Amend NRS 640E.260 to authorize a dietician to recommend a therapeutic diet without consulting a patient’s physician;

b. Require a medical facility, as defined in NRS 449.0151, to follow prescribed therapeutic diets, including the purchase of required food items so that dieticians can prepare a patient’s prescribed diet; and

c. Require medical facilities to document that prescribed therapeutic diets are being followed and, upon request, make such documentation available to staff of the Bureau of Health Care Quality and Compliance, DPBH, DHHS. (BDR –445)

RECOMMENDATIONS FOR COMMITTEE ACTION

Access to Care and Public Health

10. Federally Qualified Health Centers—Send a letter to the Senate Committee on Finance, the Assembly Committee on Ways and Means, and the director of DHHS:

a. Expressing the LCHC’s support for FQHCs and maintaining or increasing the $500,000 per annum appropriation from tobacco settlement revenue to fund a Health Center Incubator Project for expanded access to care, which was made during the 2017 Legislative Session; and

b. Encouraging a review of opportunities to partner with FQHCs to leverage state funding to receive matching federal dollars to increase satellite sites, possibly through school-based clinics.

11. Mobile Dental Van—Send a letter to the director of DHHS encouraging continued funding to support the Mobile Dental Van Pilot Project in rural Nevada.

12. Tobacco Policy—Send letters to the Senate and Assembly Committees on Health and Human Services expressing the LCHC’s support for legislation and policies that:

a. Implement tougher fee-based tobacco retail licensing requirements;

b. Increase funding for tobacco control; and

c. Regulate and tax e-cigarettes and other vapor products.

12 Behavioral Health

13. Services for Individuals With Mental Illness—Send a letter to the director of DHHS expressing the LCHC’s commitment to improve services for people with mental health issues and encouraging DPBH to pursue opportunities to:

a. Build greater partnerships between local governments and social service programs;

b. Coordinate with the National Alliance on Mental Illness Nevada to address concerns about housing and medications;

c. Develop standards for adequate living conditions;

d. Ensure access to affordable prescription drugs, which work for the individual patient, for mental health conditions;

e. Expand access to treatment for the mentally ill and prevent overly restrictive state agency regulations, such as those imposing new or additional preauthorization requirements for Medicaid patients;

f. Explore housing options, which utilize currently vacant buildings and facilities;

g. Increase compensation to care providers; and

h. Provide affordable, safe, and sanitary housing for the mentally ill.

14. Assistance/Advocate for Individuals With Mental Illness—Send a letter to the Senate Committee on Finance, the Assembly Committee on Ways and Means, and the director of DHHS, expressing the LCHC’s support for:

a. Additional funding for the Office for Consumer Health Assistance, DHHS, to expand its staffing and its education programs for assisting the mentally ill and their families; or

b. The establishment of an office of ombudsman or advocate for the mentally ill, possibly independent from DHHS.

Children’s Health

15. Insurance Coverage for Immigrant Children—Send a letter to DHHS encouraging the Division of Health Care Financing and Policy to evaluate the cost of adding all immigrant children residing in Nevada to Nevada’s Children’s Health Insurance Program’s (CHIP’s) eligibility policies and to analyze the cost of providing health insurance coverage to all children in Nevada, regardless of immigration status.

13 16. Standing Orders for Asthma Medication—Include a statement in the LCHC’s final report indicating its support for authorizing physicians to issue a standing order for asthma medication, such as albuterol inhalers and/or nebulizers for students with asthma.

17. Services for Children With Autism—Send a letter to the Senate and Assembly Committees on Education and the Senate and Assembly Committees on Health and Human Services encouraging them to develop a joint study regarding barriers to, and strategies to best provide, intervention services for children with autism, including the impact of:

a. Allowing Medicaid to reimburse for registered behavior technicians (RBTs) in training;

b. Changing the compulsory education law to allow children diagnosed with autism to attend school half-day so they can receive intensive 1:1 applied behavioral analysis (ABA) services in their homes during the day;

c. Creating a statewide magnet school program to produce RBTs;

d. Mandating in-school access to insurance-funded RBTs for eligible children;

e. Raising the reimbursement rates for RBTs so employers can raise wages; and

f. Requesting a report prior to the 81st Legislative Session that includes information requested in the August 27, 2018, letter from Kelly Venci Gonzalez, Esq., Team Chief, Education Advocacy Program, Children’s Attorneys Project, Legal Aid Center of Southern Nevada, to the LCHC regarding:

i. Access to services through Nevada’s Autism Treatment Assistance Program;

ii. The number of children enrolled in Medicaid or CHIP who receive ABA services;

iii. The number of ABA providers available to this population and how that impacts access to services;

iv. Requirements for prior authorization to access ABA; and

v. Additional related matters.

18. Mental Health Services for Children—Include a statement of support in the LCHC’s final report for expanded access to quality mental health services for children and their families.

19. Nevada Children’s Behavioral Health Consortium—Send letters to the governor of the State of Nevada and the director of DHHS expressing the LCHC’s support for recommendations made by the Nevada Children’s Behavioral Health Consortium at the Committee’s July 17, 2018, meeting.

14 Health Insurance and Medicaid

20. Medicaid Provider Participation—Send a letter to the governor of the State of Nevada, the Senate Committee on Finance, the Assembly Committee on Ways and Means, and the director of DHHS, strongly encouraging:

a. The development of a “Diversity Plan of Action” to demonstrate Nevada Medicaid’s and contracted managed care organizations’ (MCOs’) strategies for recruiting and retaining providers from underrepresented cultural, ethnic, and religious groups; and

b. Increased reimbursement rates for Medicaid to improve provider participation and expand access to services.

21. Medicaid Reimbursement Rates for Family Planning Providers—Send a letter to the director of DHHS encouraging the evaluation of Medicaid rules and reimbursement rates to ensure that rates cover the costs of business for family planning providers.

22. Medicaid Reimbursement for Community Health Centers—Send a letter to the director of DHHS encouraging Medicaid to allow community health centers to bill Medicaid for services provided by community health workers (promotoras).

23. Medicaid Prescription Drug Costs—Include a statement of support in the LCHC’s final report encouraging DHHS to analyze the following issues within Medicaid, including Medicaid MCOs:

a. Disconnect between pharmacy reimbursement and overall costs to the Medicaid program (spread pricing);

b. Impact of reductions in pharmacy reimbursement on access to care, particularly in rural communities;

c. Lack of transparent data on pharmacy services; and

d. Potential conflict of interest between a retail pharmacy chain affiliated with a Medicaid pharmacy benefit manager and possible reductions in pharmacy reimbursements.

24. Medicaid-Like Buy-in Health Insurance Program—Send letters to the Senate and Assembly Committees on Health and Human Services expressing the LCHC’s support for legislation creating a Medicaid-like buy-in program, such as that considered in AB 374 (2017).

25. Health Insurance for Individuals With Chronic Conditions—Send a letter to the Senate Committee on Commerce, Labor and Energy and the Assembly Committee on Commerce and Labor supporting the development of options that enable individuals living with chronic illnesses to access health insurance plans that provide lifesaving treatments they otherwise

15 may not be able to afford. Such health insurance options would provide that insurers offer the following:

a. At least one plan with a flat-dollar co-payment and no deductible for prescription medications in each of the four levels of plans and within each service area of the state;

b. A flat-dollar co-payment that includes all specialty tier medications; and

c. Co-payment rates that are reasonably graduated and proportionately related in drug formulary tier levels.

Substance Abuse Prevention and Treatment

26. Prescribing Controlled Substances and AB 474 (2017)—Send a letter to all professional and occupational licensing boards that regulate health care providers who are eligible to prescribe controlled substances, encouraging them to:

a. Host and advertise virtual town hall meetings to allow providers and patients opportunities to share their input and feedback about their experiences with AB 474; and

b. Host best practices workshops and offer continuing medical education to providers for attendance. This could be done via conference call, in-person, or webinar.

27. Detoxification Facilities—Send a letter to the director of DHHS and the administrator of DPBH expressing the LCHC’s support for providing funding and/or assistance to ensure safe detoxification facilities are available across the state of Nevada.

Unregulated Congregate Care Living Arrangements

28. Unregulated Congregate Care Living Arrangements—Send a letter to DHHS encouraging:

a. Proactive monitoring of business licenses to find license types or business names that may be operating unlicensed homes; and

b. The development of a public education campaign regarding the limits and possible hazards of unregulated and unlicensed group homes.

Victim Services and Support

29. Victim Services and Support—Send letters to the Senate Committee on Finance and the Assembly Committee on Ways and Means expressing support for funding to maintain the service delivery infrastructure created to provide victim services and resources to assist individuals affected by the October 1, 2017, mass shooting in Las Vegas, Nevada.

COMMITTEE ON HIGH-LEVEL RADIOACTIVE WASTE

Nevada Revised Statutes 459.0085

Members

Assemblyman Edgar Flores, Chair Senator David R. Parks, Vice Chair Senator Yvanna D. Cancela Senator Pete Goicoechea Senator Tick Segerblom Assemblyman Chris Brooks Assemblyman Jim Marchant Assemblyman William McCurdy II

Staff Contacts

Research Division: Jann Stinnesbeck, Senior Policy Analyst Diane C. Thornton, Principal Policy Analyst Lisa Gardner, Research Policy Assistant (775) 684-6825

Legal Division: Darcy Johnson, Principal Deputy Legislative Counsel Erin Sturdivant, Senior Deputy Legislative Counsel (775) 684-6830

Nevada Revised Statutes

NRS 459.0085 Creation; membership; powers and duties; compensation and expenses of members. 1. There is hereby created a Committee on High-Level Radioactive Waste. It is a committee of the Legislature composed of: (a) Four members of the Senate, appointed by the Majority Leader of the Senate. (b) Four members of the Assembly, appointed by the Speaker. 2. The Legislative Commission shall review and approve the budget and work program for the Committee and any changes to the budget or work program. The Legislative Commission shall select a Chair and a Vice Chair from the members of the Committee. 3. Except as otherwise ordered by the Legislative Commission, the Committee shall meet not earlier than November 1 of each odd-numbered year and not later than August 31 of the following even-numbered year at the call of the Chair to study and evaluate: (a) Information and policies regarding the location in this State of a facility for the disposal of high-level radioactive waste; (b) Any potentially adverse effects from the construction and operation of a facility and the ways of mitigating those effects; and (c) Any other policies relating to the disposal of high-level radioactive waste. 4. The Committee may conduct investigations and hold hearings in connection with its functions and duties and exercise any of the investigative powers set forth in NRS 218E.105 to 218E.140, inclusive. 5. The Committee shall report the results of its studies and evaluations to the Legislative Commission and the Interim Finance Committee at such times as the Legislative Commission or the Interim Finance Committee may require. 6. The Committee may recommend any appropriate legislation to the Legislature and the Legislative Commission. 7. The Director of the Legislative Counsel Bureau shall provide a Secretary for the Committee on High-Level Radioactive Waste. 8. Except during a regular or special session of the Legislature, each member of the Committee is entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session for each day or portion of a day during which the member attends a Committee meeting or is otherwise engaged in the work of the Committee plus the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218A.655. Per diem allowances, salary and travel expenses of members of the Committee must be paid from the Legislative Fund. (Added to NRS by 1985, 685; A 1987, 399; 1989, 1221; 1995, 1454; 2009, 1156; 2013, 3759)

ABSTRACT

LEGISLATIVE COMMITTEE ON HIGH-LEVEL RADIOACTIVE WASTE

Nevada Revised Statutes (NRS) 459.0085

The Committee on High-Level Radioactive Waste is a permanent committee of the Nevada Legislature whose authorization and duties are set forth in Chapter 459 (“Hazardous Materials”) of NRS. Created in 1985, the Committee is responsible for performing legislative oversight responsibilities to study and evaluate the following:

• Information and policies regarding the location of a facility for the disposal of high-level radioactive waste in the State of Nevada;

• Any potential adverse effects from the construction and operation of a facility and the ways of mitigating those effects;

• Any other policies relating to the disposal of high-level radioactive waste; and

• Recommendations concerning appropriate legislation to be presented to the Legislature and the Legislative Commission.

The Committee held two meetings and participated in an informational tour of the Nevada National Security Site during the 2017–2018 Legislative Interim. The Committee also monitored the activities of the United States Nuclear Waste Technical Review Board, Nevada’s Commission on Nuclear Projects, and Nevada’s Agency for Nuclear Projects.

The Committee will continue to monitor: (1) activities related to the U.S. Court of Appeals for the District of Columbia Circuit’s writ of mandamus directing the U.S. Nuclear Regulatory Commission to resume the licensing process for the Yucca Mountain repository; (2) the U.S. Department of Energy’s activities concerning the Yucca Mountain license application and related legal challenges; (3) actions taken by the White House Administration and Congress on the Yucca Mountain repository; and (4) any other pertinent activity in these or related areas.

SUMMARY OF RECOMMENDATIONS

COMMITTEE ON HIGH-LEVEL RADIOACTIVE WASTE

Nevada Revised Statutes 459.0085

The Committee on High-Level Radioactive Waste did not make any recommendations or propose any legislation for the 2019 Session of the Nevada Legislature.

7 NEVADA SILVER HAIRED LEGISLATIVE FORUM

Nevada Revised Statutes 427A.320

Members

John A. Yacenda, Ph.D., M.P.H., P.A.H.M. Forum President, Senate District 16 Reba June Burton, Forum Vice President, Senate District 15 Mary D. Roberts, Forum Secretary, Ex Officio Member, National Silver Haired Congress Joann M. Bongiorno, Forum Treasurer, Senate District 7

Lucille Adin, Senate District 13 Doris J. (Dottie) Ahrens, Senate District 19 Fran Almaraz, Senate District 10 Barbara Altman, Senate District 9 Vicki L. Cameron, Senate District 5 Evelyn Cannestra, M.S.W., Senate District 8 Verlia Davis-Hoggard, Senate District 4 John Paul (Jack) Ginter Jr., Senate District 14 Ross Johnson, Senate District 12 Marilyn E. Jordan, Ed.D., Senate District 11 Rick Kuhlmey, Senate District 2 Winston J. Lawson, Senate District 1 Mercedes Maharis, Senate District 3 Patsy Metler, Senate District 18 Betty Rumford, Senate District 6 Fred L. Silberkraus, Senate District 20 Carol A. Swanson, D.N.P., M.S.N., R.N., Senate District 17 (Vacant), Senate District 21

Steve R. Carr, Ex Officio Member, National Silver Haired Congress Herbert E. Randall, Ed.D, Ex Officio Member, National Silver Haired Congress Russ Schoenbeck, Ex Officio Member, National Silver Haired Congress Lonnie Strait, Ex Officio Member, National Silver Haired Congress

Staff Contacts

Research Division: Michael J. Stewart, Research Director Patrick B. Ashton, Senior Policy Analyst and Forum Coordinator Julianne King, Research Policy Assistant (775) 684-6825 Staff Contacts (continued)

Legal Division: Bryan Fernley, Senior Principal Deputy Legislative Counsel (775) 684-6830

Administrative Division: Mary Shope, Coordinator (retired March 2018) (702) 486-2800

Nevada Revised Statutes

NRS 427A.320 Creation. The Nevada Silver Haired Legislative Forum is hereby created to identify and act upon issues of importance to aging persons. (Added to NRS by 1997, 2724; A 2001, 3026)

ABSTRACT

NEVADA SILVER HAIRED LEGISLATIVE FORUM

Nevada Revised Statutes (NRS) 427A.320

Senate Bill 489 of the 1997 Legislative Session created the Nevada Silver Haired Legislative Forum to identify and act upon issues of importance to aging persons. Its membership, powers, and duties are codified in Nevada Revised Statutes (NRS) 427A.320 through 427A.400. Additionally, NRS 218D.220 authorizes the Forum to submit one bill draft request (BDR) on or before September 1 preceding the regular session, unless the Legislative Commission authorizes the submission of a BDR after that date. On August 30, 2018, the Legislative Commission extended the Forum’s BDR submission deadline to no later than October 15, 2018. Before September 1 of each even-numbered year, the Forum may submit a report containing recommendations for legislative action to the Legislative Commission and the governor.

As of October 2018, the Forum had 25 members, including active and ex officio members. The Forum is to be comprised of members equal to the number of state senators (21) who, among other requisite qualifications, must have been a registered voter for three years preceding their appointment in the senatorial district of the senator who nominates them for appointment. There was a vacancy in Senate District 21.1 Members of the National Silver Haired Congress (NSHC) from Nevada serve as ex officio members of the Forum; Nevada currently has two Silver Senators and three Silver Representatives.

The Forum held five meetings during the 2017–2018 Interim. All meetings were open to the public and conducted through simultaneous videoconferences between legislative meeting rooms at the Grant Sawyer State Office Building in Las Vegas, Nevada, and the Legislative Building in Carson City, Nevada.

The Forum’s BDR, which was discussed at the work session on October 9, 2018, proposed conceptual amendments regarding the Forum’s organizational structure, membership, terms and duties of office, and ex officio membership of the NSHC delegates. The final report of the Forum will contain an overview of its activities and a discussion of its recommendations.

1 Pursuant to NRS 427A.330 a senator shall nominate a person for appointment to the Forum. Senator Mark A. Manendo resigned from representing Senate District 21 on July 18, 2017, without a successor as of October 2018. No new Forum member was nominated and appointed for Senate District 21, which explains why it has been vacant during the 2017–2018 Interim.

SUMMARY OF RECOMMENDATIONS

NEVADA SILVER HAIRED LEGISLATIVE FORUM

Nevada Revised Statutes 427A.320

This summary presents the recommendations approved by the Nevada Silver Haired Legislative Forum at its meeting on October 9, 2018. The Forum voted to forward one bill draft request (BDR) to the 80th Session of the Nevada Legislature.

RECOMMENDATIONS FOR LEGISLATION

Organization of the Nevada Silver Haired Legislative Forum

1. Request the drafting of a bill to amend NRS 427A.320 through 427A.400 regarding the Forum’s organizational structure, membership, terms and duties of office, and ex officio membership of the National Silver Haired Congress delegates. The proposed conceptual amendments would: (1) exclude ex officio members from serving as officers of the Forum; (2) grant ex officio members voting privileges if they meet certain qualifications; (3) clarify the terms and duties of the president and vice president, create two new officer positions, and delete the Forum officer positions of secretary and treasurer; and (4) increase the available BDRs from one to three. (BDR –534)

RECOMMENDATIONS FOR COMMITTEE ACTION

Medicaid-related Issues Impacting Senior Citizens

2. Send a letter to the governor (and, after January 7, 2019, the newly elected governor), the Senate Committee on Finance, the Assembly Committee on Ways and Means, and the Department of Health and Human Services (DHHS) urging the revision and increase of Medicaid reimbursement rates for various services and programs including, but not limited to, adult day care facilities, augmented personal care services at community-based residential facilities, in-home personal care assistance services, and services provided at skilled nursing homes. The letter shall state that the current Medicaid reimbursement rates: (1) do not adequately cover certain service expenses, which leads to difficulties with hiring new staff and maintaining current staff; and (2) contribute to an ongoing caregiver crisis in the state, adversely affecting seniors dependent on caregiving services.

3. Send a letter to the governor (and, after January 7, 2019, the newly elected governor), the Senate Committee on Finance, the Assembly Committee on Ways and Means, and DHHS urging the elimination of the cap on the number of Home and Community Based Waiver for the Frail Elderly slots.

Respite Services

4. Include a statement in the Forum’s final report requesting additional sources of funding for respite services for middle-income families. Currently, respite services grants are available

7 for those with lower incomes, while moderately higher income earners cannot afford care for their loved ones.

5. Send a letter to the governor (and, after January 7, 2019, the newly elected governor) and DHHS urging: (1) policy positions that financially support adult day care (ADC) providers; (2) the Department to convene a group of Nevada ADC providers to review the regulations governing the ADC industry; and (3) the creation of a plan to modify regulations determined by the ADC industry to be overly burdensome. Testimony indicated these actions would assist ADC providers to develop and open more ADC centers throughout the state. Current low reimbursement rates and stricter regulations in the state disincentivize the development of new for-profit ADC centers.

Compensation and Training for Certain Geriatric Care Professions

6. Send a letter to the governor (and, after January 7, 2019, the newly elected governor) and DHHS expressing the Forum’s concerns and requesting action regarding the current lack of access to personal care assistant (PCA) services for low- to middle-income seniors and their families. Contributing to this lack of access are limited qualification opportunities for PCAs and a reported pay gap between state-reimbursed and privately compensated PCA services.

7. Send a letter to the chair of the Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs and include a statement in the Forum’s final report supporting the Committee’s decision to continue the study, as required by Assembly Bill 299 (2017), to review and study the training programs implemented by certain homes and facilities.

8. Send a letter to the governor (and, after January 7, 2019, the newly elected governor) and DHHS urging them to review and act upon the following issues regarding social workers:

a. Increasing the geriatric training and specialization opportunities for social workers in the state. The growth of Nevada’s senior population is outpacing the number of social workers with an educational background in geriatrics;

b. Evaluating and adjusting the overall compensation and benefits discrepancies between state-employed social workers and social workers employed at the county and federal levels as well as those employed by the private sector;

c. Evaluating and adjusting the disparate compensation of social workers employed by Elder Protective Services (EPS), Aging and Disability Services Division, DHHS, and Child Protective Services (CPS), Division of Child and Family Services, DHHS. For example, CPS social workers may be promoted up to Social Worker III, whereas EPS social workers cannot receive this kind of class promotion; and

d. Evaluating and decreasing the workload, including the clients-to-social-worker ratio, of state-employed social workers to decrease staff turnover and burnout rates.

8 Community Care Need Projections

9. Prepare a Forum resolution urging the Nevada Legislature to create an interim study for the 2019–2020 Interim that would study projections regarding the care needs of different communities in the state. The resolution shall specify requirements for the study to develop a projection model, layer the model on different communities based on demographics, and assist Nevadans to promote and recognize the care needs of their respective communities.

Isolation Stigma of Seniors

10. Prepare a Forum resolution to raise awareness of the isolation stigma of seniors and to advocate on behalf of seniors who face this stigma. The resolution will include information on how seniors may experience discrimination, institutional stereotyping, and prejudice, which could lead them to socially isolate themselves. The resolution will explain how this isolation stigma may cause anxiety, depression, helplessness, and a loss of productivity and self-esteem. Such stigma may have various effects on the overall mental and physical health of a senior. The resolution shall also specify that the isolation of seniors increases a senior’s vulnerability to abuse and self-neglect as his or her social structure dissolves over time.

Supported Decision-Making Agreements

11. Send a letter to the chairs of the Senate and Assembly Committees on Health and Human Services expressing the Forum’s support of BDR –164, which would implement supported decision-making agreements and was requested by the Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs at its meeting on July 19, 2018. Also, include a statement in the Forum’s final report supporting BDR –164 and the implementation of supported decision-making agreements.

Flexibility of Caregiver Sick Leave

12. Send a letter to the chairs of the Senate and Assembly Committees on Health and Human Services and include a statement in the Forum’s final report supporting BDR 53–169 concerning the flexibility of caregiver sick leave. The BDR is a redraft of Assembly Bill 394, known as the “Caregiver Flexibility Sick Leave Bill,” which did not pass in the 2017 Legislative Session. The BDR was requested by the Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs at its meeting on July 19, 2018.

Regulations Addressing Businesses Operating in the Long-Term Care Industry

13. Send a letter to the chairs of the Senate and Assembly Committees on Health and Human Services and include a statement in the Forum’s final report supporting legislation regarding residential facilities for groups, community-based living arrangements, and certain unregulated residential facilities on health care as proposed by the Legislative Committee on Health Care at its meeting on September 24, 2018. The committee proposed legislation to direct DHHS to review unlicensed group homes to ensure quality and safety protections to safeguard vulnerable populations, evaluate the impact of overregulation, and broaden the

9 definition of a referral agency in NRS 449.0305 by expanding the licensing requirement to additional business types.

14. Include a statement in the Forum’s final report supporting BDR 40–170, which would relocate provisions regarding community-based living arrangement services (NRS 433.605) under Chapter 449 of NRS. The BDR was requested by the Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs at its meeting on July 19, 2018.

15. Include a statement in the Forum’s final report to advocate for legislation to establish mandated staff-to-client ratios in long-term care facilities that must be based on the individual needs of the residents.

Strategic Planning Efforts of the Aging and Disability Services Division

16. Include a statement in the Forum’s final report to extend an official declaration to all long-term services and supports providers, the governor (and, after January 7, 2019, the newly elected governor), and DHHS indicating the Forum’s strong concurrence and alignment with the Aging and Disability Services Division’s efforts in strategic planning. Include the Forum’s support for the principles of access, dignity, independence, integration, quality, and sustainability, which are core components of these strategic planning efforts.

17. Include a statement of support in the Forum’s final report to advocate for the findings and suggestions of Nevada’s No Wrong Door Strategic Plan 2015–2018. A focus of the statement shall be on person-centered planning and the barriers seniors may face if person-centered planning is not practiced by any long-term services and supports provider. The statement shall also evaluate options and opportunities for professionals that, for instance, do not have the resources to implement person-centered services.

10 LEGISLATIVE COMMITTEE ON PUBLIC LANDS

Nevada Revised Statutes 218E.510

Members

Assemblywoman Heidi Swank, Chair Senator Julia Ratti, Vice Chair Senator Pete Goicoechea Senator Donald (Don) G. Gustavson Senator David R. Parks Assemblyman John C. Ellison Assemblyman Al Kramer Assemblyman William McCurdy II Debra March, Mayor, City of Henderson

Staff Contacts

Research Division: Alysa M. Keller, Principal Policy Analyst Natalie J. Pieretti, Research Policy Assistant (775) 684-6825

Legal Division: Heidi Chlarson, Senior Principal Deputy Legislative Counsel Erin Sturdivant, Senior Deputy Legislative Counsel (775) 684-6830

Nevada Revised Statutes

NRS 218E.510 Creation; membership; budget; officers; terms; vacancies; alternates. 1. There is hereby established a Legislative Committee on Public Lands consisting of four members of the Senate, four members of the Assembly and one elected officer representing the governing body of a local political subdivision, appointed by the Legislative Commission with appropriate regard for their experience with and knowledge of matters relating to public lands. The members who are Legislators must be appointed to provide representation from the various geographical regions of the State. 2. The Legislative Commission shall review and approve the budget and work program for the Committee and any changes to the budget or work program. 3. The members of the Committee shall select a Chair from one House and a Vice Chair from the other House. Each Chair and Vice Chair holds office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the office of Chair or Vice Chair, the members of the Committee shall select a replacement for the remainder of the unexpired term. 4. Any member of the Committee who is not a candidate for reelection or who is defeated for reelection continues to serve after the general election until the next regular or special session convenes. 5. Vacancies on the Committee must be filled in the same manner as original appointments. 6. The Legislative Commission may appoint alternates for members of the Committee. The Chair of the Committee: (a) May designate an alternate appointed by the Legislative Commission to serve in place of a regular member who is unable to attend a meeting; and (b) Shall appoint an alternate who is a member of the same House and political party as the regular member to serve in place of the regular member if one is available. (Added to NRS by 1979, 5; A 1983, 209; 1985, 589; 2009, 1150,1561; 2011, 3224)— (Substituted in revision for NRS 218.5363)

ABSTRACT

LEGISLATIVE COMMITTEE ON PUBLIC LANDS

Nevada Revised Statutes (NRS) 218E.510

The Legislative Committee on Public Lands is a permanent committee of the Nevada Legislature created in 1983. Chapter 218E of NRS sets forth the Committee’s authority and duties.

Nevada’s Legislative Committee on Public Lands monitors natural resource and public lands matters crucial to the state’s economy, lifestyles, and traditions. The Committee considers a wide range of subjects, covering all facets of forest and range science, methods of public land management and oversight, public services, resources associated with public lands, rural infrastructure, and water resources. Because most of Nevada’s lands (more than 85 percent) are under federal management, issues associated with public lands are an important topic for the Nevada Legislature.

The Committee held six meetings during the 2017–2018 Interim. The meetings took place in the following cities in Nevada: Battle Mountain, Carson City, Hawthorne, Las Vegas, Laughlin, and Pioche.

The Committee received presentations and discussed reports from numerous agencies, individuals, local community representatives, and organizations, including:

• The Nevada State Office and several district offices of the Bureau of Land Management, United States Department of the Interior (DOI);

• The Humboldt-Toiyabe National Forest and several ranger districts and recreation areas of the U.S. Forest Service, U.S. Department of Agriculture;

• The Bureau of Reclamation, DOI, Lower Colorado River area;

• The southern Nevada office of the U.S. Fish and Wildlife Service, DOI;

• Representatives from Clark, Elko, Eureka, Humboldt, Lander, Lincoln, Mineral, Nye, Pershing, and White Pine Counties;

• Nellis Air Force Base;

• Hawthorne Army Depot Base;

• The Colorado River Commission of Nevada;

• Various water authorities and districts including the Carson Water Subconservancy District, the Central Nevada Regional Water Authority, the Humboldt River Basin Water Authority, the Southern Nevada Water Authority, the Truckee-Carson Irrigation District, the

5 Truckee Meadows Water Authority, the Virgin Valley Water District, and the Walker River Irrigation District;

• Nevada’s Office of the State Engineer, Division of Water Resources, State Department of Conservation and Natural Resources (SDCNR);

• Division of State Lands, SDCNR;

• Division of State Parks, SDCNR;

• Nevada Farm Bureau Federation;

• Nevada Pinyon-Juniper Partnership;

• Nevada Mining Association;

• Nevada’s Department of Wildlife;

• Nevada’s Division of Minerals, Commission on Mineral Resources;

• Conservation groups including the Bi-State Partnership, Friends of Gold Butte and Friends of Basin and Range National Monuments, Friends of Nevada Wilderness, Nevada Association of Conservation Districts, Stewardship Alliance of Northeast Elko, The Nature Conservancy, and Walker Basin Conservancy;

• Community and economic development specialists from the University of Nevada Cooperative Extension; and

• Several rural economic development authorities.

At its final meeting and work session, the Committee approved ten proposals for drafting legislation, six proposals for letters, and seven proposals for position statements to be included in its final report. The topics addressed at the work session included:

• Biomass management;

• General public lands issues;

• Water resources;

• Wildfires; and

• Wildlife.

6 SUMMARY OF RECOMMENDATIONS

LEGISLATIVE COMMITTEE ON PUBLIC LANDS

Nevada Revised Statutes 218E.510

This summary presents the recommendations approved by the Legislative Committee on Public Lands during the 2017–2018 Legislative Interim at the Committee’s final meeting held on September 7, 2018, in Carson City, Nevada. The bill draft requests (BDRs) will be forwarded to the Legislative Commission for transmittal to the 80th Session of the Nevada Legislature.

RECOMMENDATIONS FOR LEGISLATION

1. Request the drafting of a bill to provide for an interim study regarding the growing wildfire danger and issues in Nevada. Topics to be addressed by the interim study include, but are not limited to, wildfire fuels reduction and early response issues. (BDR –509)

2. Request the drafting of a bill to provide that in the event the Office of the State Engineer, Division of Water Resources, State Department of Conservation and Natural Resources (SDCNR), issues an order that would curtail existing domestic wells, instead of receiving no water, an owner of an existing domestic well must still be allowed a duty of 0.5 acre feet of water, provided a meter is installed on the well. (BDR –504)

3. Request the drafting of a resolution supporting H.R. 4647 (Recovering America’s Wildlife Act), 115th Congress, introduced by United States Representative Jeff Fortenberry (R-Nebraska). House Bill 4647 implements the recommendations of the Blue Ribbon Panel on Sustaining America’s Diverse Fish and Wildlife Resources to provide funding for wildlife conservation as prioritized within state wildlife action plans. (BDR –507)

4. Request the drafting of a bill to require the SDCNR to create, by regulation, a competitive grant program for purpose of providing funds to be used by local communities and conservation groups for the matching of federal funds and provide an appropriation of $500,000 for that purpose. (BDR –510)

5. Request the drafting of a bill to require the Office of Historic Preservation, SDCNR, to establish a historic sites passport program. (BDR –505)

6. Request the drafting of a bill to appropriate funds for five members of the Legislative Committee on Public Lands (including one legislator from each house and party and the local government representative) and one member of its staff to travel to Washington, D.C., and meet with the federal delegation. (BDR –508)

7. Request the drafting of a resolution opposing any potential elimination of the Nevada State Office of the Bureau of Land Management (BLM), U.S. Department of the Interior (DOI). (BDR –506)

7 8. Request the drafting of a bill revising provisions related to public lands. (BDR –511)

9. Request the drafting of a bill revising provisions related to public lands. (BDR –512)

10. Request the drafting of a bill revising provisions related to public lands. (BDR –513)

RECOMMENDATIONS FOR COMMITTEE LETTERS

11. Send a letter to the Office of the State Engineer encouraging the Division of Water Resources to complete adjudication of water basins in order to help bring finality to claims to water and reduce conflicts.

12. Send a letter to the federal delegation supporting H.R. 4647 (Recovering America’s Wildlife Act), 115th Congress, introduced by United States Representative Jeff Fortenberry (R-Nebraska). H.R. 4647 implements the recommendations of the Blue Ribbon Panel on Sustaining America’s Diverse Fish and Wildlife Resources to provide funding for wildlife conservation as prioritized within state wildlife action plans.

13. Send a letter to the Nevada Collaborative Conservation Network indicating the Committee’s support of a Nevada policy prioritizing community-based conservation of public lands that integrates local knowledge of natural resources. The purpose of the letter is to underscore the Committee’s acknowledgement of the importance of creating and maintaining partnerships between local stakeholders, private landowners, and vested interest groups in collaboration with federal, state, county, local, and private land managers in a shared effort to maintain thriving ecosystems and the associated wildlife, communities, and economies they support.

14. Send a letter to the U.S. Secretary of Agriculture, the U.S. Secretary of the Interior, and the Governor of the State of Nevada, that recognizes the irreplaceable biological, cultural, recreational, and scenic value of the Ruby Mountains to Nevadans; emphasizes the importance of public involvement in the decision making process; and opposes any leasing of areas within the Ruby Mountains for oil and gas development.

15. Send a letter to the Nevada State Office of the BLM urging it to seek additional resources and staffing for the Ely District Office to implement completed watershed restoration plans. Watershed restoration projects are needed to restore vegetative health, improve wildlife habitat, and reduce the risk of catastrophic wildfire in various locations within the Ely District.

16. Send a letter to the U.S. Secretary of Energy, U.S. Department of Energy (DOE), urging the DOE not to move forward with its proposal to store weapons-grade plutonium at the Nevada National Security Site without fully evaluating the economic, environmental, health, and safety impact on Nevada.

8 RECOMMENDATIONS FOR POSITION STATEMENTS IN FINAL REPORT

17. Include a position statement in the final report expressing the Committee’s support of efforts to implement landscape scale projects utilizing pinyon-juniper woodland biomass in a way that benefits economic stability, energy production, hydrologic function, rangeland health, and wildlife habitat.

18. Include a position statement in the final report calling for local government land-use plans to be based on identified sustainable water resources and for coordination between local governments and the Office of the State Engineer to assure there is an accurate accounting of water needed for all future land developments.

19. Include a position statement in the final report expressing the Committee’s support for the exploration of desalination technology and options as a water resource for Nevada.

20. Include a position statement in the final report expressing the Committee’s support for continued funding of cloud seeding activities in Nevada as a longer-term water management tool to enhance snowfall from winter storms and increase the snowpack and runoff water in several rivers across Nevada.

21. Include a position statement in the final report expressing the Committee’s support for continued funding for competitive “Drought Initiative” grants administered by the State Department of Agriculture to implement projects that improve water efficiency for agricultural and livestock production including, but not limited to, installing new equipment or technology, implementing best management practices, laser leveling, and riparian improvement (planting soil stabilizers, leaching/run-off control).

22. Include a position statement in the final report expressing the Committee’s support of thoughtful examination prior to any retirement of grazing permits on federal land.

23. Include a position statement in the final report encouraging Congress to make payment in lieu of taxes (PILT) a mandatory, fully funded program. The purpose of the statement is to express that the Committee finds that because local governments are unable to tax the property values or products derived from federal lands, PILT payments are necessary to support essential local government services. The provision of services by local governments requires predictable full funding of PILT.

LEGISLATIVE COMMITTEE ON SENIOR CITIZENS, VETERANS AND ADULTS WITH SPECIAL NEEDS

Nevada Revised Statutes 218E.750

Members

Assemblywoman Lesley E. Cohen, Chair Senator Patricia (Pat) Spearman, Vice Chair Senator Joseph (Joe) P. Hardy, M.D. Senator David R. Parks Assemblywoman Shannon Bilbray-Axelrod Assemblywoman Lisa Krasner

Staff Contacts

Research Division: Melinda (Mindy) Martini, Principal Policy Analyst Megan Comlossy, Principal Policy Analyst Deborah (Debbie) Gleason, Research Policy Assistant (775) 684-6825

Legal Division: Eric Robbins, Principal Deputy Legislative Counsel (775) 684-6830

Nevada Revised Statutes

NRS 218E.750 Creation; membership; budget; officers; terms; vacancies. 1. The Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs, consisting of six members, is hereby created. The membership of the Committee consists of: (a) Three members of the Senate appointed by the Majority Leader of the Senate, at least one of whom must be a member of the minority political party; and (b) Three members of the Assembly appointed by the Speaker of the Assembly, at least one of whom must be a member of the minority political party. 2. The Legislative Commission shall review and approve the budget and work program for the Committee and any changes to the budget or work program. 3. The Legislative Commission shall select the Chair and Vice Chair of the Committee from among the members of the Committee. After the initial selection, each Chair and Vice Chair holds office for a term of 2 years commencing on July 1 of each odd-numbered year. The office of Chair of the Committee must alternate each biennium between the Houses. If a vacancy occurs in the office of Chair or Vice Chair, the vacancy must be filled in the same manner as the original selection for the remainder of the unexpired term. 4. A member of the Committee who is not a candidate for reelection or who is defeated for reelection continues to serve after the general election until the next regular or special session convenes. 5. A vacancy on the Committee must be filled in the same manner as the original appointment for the remainder of the unexpired term. (Added to NRS by 2009, 2412; A 2011, 3235)

ABSTRACT

LEGISLATIVE COMMITTEE ON SENIOR CITIZENS, VETERANS AND ADULTS WITH SPECIAL NEEDS

Nevada Revised Statutes 218E.750

The Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs, in compliance with Nevada Revised Statutes (NRS) 218E.745 through 218E.760, is authorized to review, study, and comment on issues including, but not limited to: (1) initiatives to ensure financial and physical wellness; (2) abuse, exploitation, isolation, and neglect; (3) public outreach and advocacy; (4) programs to ensure services are provided in the most appropriate setting; (5) programs that provide services and care in the home; (6) the availability of useful information and data, as needed, for the state to make effective decisions, plan budgets, and monitor costs and outcomes of services; (7) laws relating to the appointment of a guardian, including the improvement of investigations relating to guardianships and systems for monitoring guardianships; and (8) the improvement of facilities for long-term care in Nevada.

In addition to its general powers, Assembly Bill 299 of the 2017 Session requires the Committee to conduct a study during the 2017–2018 Interim concerning standards of training for unlicensed persons who provide care at certain facilities or homes or through certain agencies. Further, the bill requires the Committee to study the creation of a competency evaluation for a person who receives such training concerning the provision of care.

The Committee held four meetings during the 2017–2018 Interim. The following summarizes the main issues considered at each meeting:

1. On February 27, 2018, the Committee discussed the AB 299 study relating to training requirements, training models, and accountability models for unlicensed employees and contractors who provide care at certain facilities or homes; provisions relating to out-of-home placements for adults with special needs; and veterans services.

2. On April 12, 2018, the Committee discussed the AB 299 study and veterans services.

3. On June 19, 2018, the Committee discussed the AB 299 study, services for senior citizens, guardianship programs, and services for adults with special needs.

4. On July 19, 2018, the Committee discussed Medicaid reimbursement rates, veterans services, guardianship programs, and work session recommendations.

The Committee voted to forward ten recommendations as bill draft requests to the 2019 Legislature that address the following topics: (1) state employment, higher education, and dental programs for veterans; (2) sick leave flexibility; (3) provisions relating to out-of-home placements for adults with special needs; (4) the study required by AB 299 relating to the training of unlicensed employees and contractors who provide care at certain facilities or homes; and (5) guardianship programs.

5 In addition, the Committee voted to send several letters expressing support for a specific issue or encouraging certain action.

6 SUMMARY OF RECOMMENDATIONS

LEGISLATIVE COMMITTEE ON SENIOR CITIZENS, VETERANS AND ADULTS WITH SPECIAL NEEDS

Nevada Revised Statutes 218E.750

This summary presents the recommendations approved by the Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs at its July 19, 2018, meeting. The Committee voted to forward ten recommendations as bill draft requests (BDRs) to the 80th Session of the Nevada Legislature and send several letters expressing support for a specific issue or encouraging certain action.

During the drafting process, specific details of the following proposals for legislation and letters may be further clarified by staff in consultation with the chair or others, as appropriate.

RECOMMENDATIONS FOR LEGISLATION

1. The Committee voted to request legislation to amend subsection 7 of Nevada Revised Statutes (NRS) 284.015 to remove the requirement that the meaning ascribed to “veteran” includes being a resident of Nevada. This proposal relates to Assembly Bill 309 to provide that both in-state and out-of-state veterans who submit an application for state employment will receive ten additional points to the passing grade. This would make the provisions consistent between veterans and the widow or widower of a person killed in the line of duty while on active duty in the Armed Forces of the United States. Currently, only veterans who are residents of Nevada are eligible for the additional points. (BDR –162)

2. The Committee voted to request legislation to:

a. Create a workforce development program where eligible veterans who have completed an undergraduate degree and have remaining federal benefits would be authorized to use the remaining federal benefits toward a postgraduate degree and have the remaining costs waived. In return for the waiver of fees, the eligible veteran would be required to seek a postgraduate degree in a science, technology, engineering, arts, and mathematics critical need occupation field. Critical need occupation fields would be determined by the Department of Employment, Training and Rehabilitation (DETR); and

b. Make appropriations in the amount of $250,000 from the State General Fund in each fiscal year (FY) of the 2019–2021 Biennium to support the Adopt a Vet Dental Program. (BDR –168)

3. The Committee voted to request legislation to require a private employer that provides sick leave benefits to allow the employees to use such accrued leave, in accordance with company policy, for absences due to illness, injury, medical appointment, or other authorized medical need of a member of the employees’ immediate family. This would be a redraft of AB 394 (a failed measure from the 2017 Session). (BDR 53–169)

7 4. The Committee voted to request legislation to:

a. Clarify that the provisions of NRS 449.03005 (license to operate employment agency that contracts with persons to provide certain nonmedical services) apply any time contracted services are provided in this state, regardless of where the employer resides.

b. Relocate provisions regarding community-based living arrangement (CBLA) services (NRS 433.605) under Chapter 449 (“Medical Facilities and Other Related Entities”) of NRS. This would provide that the entities would be licensed, regulated, and monitored by the Bureau of Health Care Quality and Compliance, Division of Public and Behavioral Health (DPBH), Department of Health and Human Services (DHHS). The training program would be specified by Nevada Administrative Code. The transition would be effective upon approval.

c. Require the Nevada 2-1-1 program, established pursuant to NRS 232.359, to specify the licensing status of all licensed or certified facilities or homes under Chapter 449 of NRS. The Nevada 2-1-1 program must be reviewed and updated at least quarterly.

d. Require the Committee to continue the study, as required by AB 299, to review and study the training programs implemented by certain homes and facilities. The goal of the study during the 2019–2020 Interim would be to compare and contrast the content of the training programs offered by supported living arrangement (SLA) services (NRS 435.3315), CBLA services, and programs under Chapter 449 of NRS. The goal of the study would be to determine whether a minimum set of competencies should be mandated in Nevada to be taught, measured, and monitored across all programs. In addition, the number of hours of annual continuing education would be determined. If the study determines that minimum competencies should be mandated, the Committee would determine which employees and contractors should not be subject to learning the competencies. (BDR –170)

5. The Committee voted to request legislation to require the Legislative Auditor, Audit Division, Legislative Counsel Bureau (LCB), to conduct an audit of SLAs during the 2019–2020 Interim. The purpose of the audit would be to determine whether all licensed SLAs provide services as described in NRS 435.3315 as:

. . . flexible, individualized services provided in the home, for compensation, to a person with an intellectual disability or a person with a developmental disability who is served by the [Aging and Disability Services] Division that are designed and coordinated to assist the person in maximizing the person’s independence, including, without limitation, training and habilitation services.

The findings of the audit would be presented to the Committee.

Following the work session, the chair of the Committee requested to be included on the agenda of the August 30, 2018, meeting of the Legislative Commission (NRS 218E.150) to request that the audit of SLAs be completed as soon as practicable by the Legislative Auditor. If the

8 audit is approved by the Legislative Commission to occur during FY 2018–2019, the BDR approved by the Committee may contain recommendations based upon the findings of an audit of SLAs. (BDR –178)

6. The Committee voted to request legislation to:

a. Expand the authority of the Office of the State Long-Term Care Ombudsman, Aging and Disability Services Division (ADSD), DHHS, to include advocating for recipients of CBLA services, SLA services, adult day care centers, and rehabilitation centers for acute illnesses. The BDR would require the Ombudsman or an advocate to conduct quarterly inspections of the facilities and investigate or review such facilities, as needed. This would be a redraft of Senate Bill 97 (a failed measure of the 2017 Legislative Session) with the addition of expanding the authority of the Ombudsman to include advocating for recipients of rehabilitation centers for acute illnesses and conducting quarterly inspections of facilities; and

b. Require all CBLAs, SLAs, adult day care centers, and rehabilitation centers for acute illnesses to post the Ombudsman’s hotline number for reporting complaints. The Office of the State Long-Term Care Ombudsman would address the complaints. (BDR 38–171)

7. The Committee voted to request legislation to implement supported decision-making agreements as a recognized means to support and accommodate adults with disabilities in making life decisions. The BDR would include provisions and direction for nonparties to the agreement, including, but not limited to, medical and financial professionals, to rely on the supported adult’s decisions, not unlike provisions in laws governing powers of attorney. (BDR –164)

8. The Committee voted to request legislation to support parental rights for the blind. The legislation would prohibit discrimination against the blind in adoption, custody, guardianship, or visitation proceedings. (BDR –172)

9. The Committee voted to request legislation to revise primarily NRS 159.0805 (Nevada guardianship laws relating to the sterilization of a protected person) requiring:

a. A burden of proof to establish when sterilization would benefit or prevent serious mental or physical impairments;

b. An appointment of either an attorney to represent the ward or a guardian ad litem;

c. An evidentiary hearing to take place before the court orders an involuntary sterilization; and

d. Consideration of less irrevocable and intrusive means of contraception, other than sterilization. (BDR –173)

9 10. The Committee voted to request legislation to revise, primarily NRS 427A.896 to remove the duties relating to the Nevada ABLE Savings Program required or authorized of the ADSD and to clarify that the State Treasurer is solely responsible for implementing the following duties:

a. The State Treasurer may employ personnel and contract for goods and services necessary for the effective and efficient operation of the Program (revise subsection 5 of NRS 427A.896);

b. The State Treasurer shall implement an outreach and education program designed to create awareness of and increase participation in the Program. Any marketing plan and materials for the Program would no longer require the ADSD’s approval (revise subsection 6 of NRS 427A.896); and

c. The State Treasurer may contract with certain qualified entities for certain services (revise subsection 8 of NRS 427A.896). (BDR –177)

RECOMMENDATIONS FOR COMMITTEE LETTERS

1. The Committee voted to send a letter to the ADSD to request an audit of SLAs during FY 2018–2019. The purpose of the audit would be to determine whether all licensed SLAs provide services as described in NRS 435.3315 as:

… flexible, individualized services provided in the home, for compensation, to a person with an intellectual disability or a person with a developmental disability who is served by the Division that are designed and coordinated to assist the person in maximizing the person’s independence, including, without limitation, training and habilitation services.

The findings of the audit would be presented to the Committee.

NOTE: This letter will be placed on hold until it is determined whether the Legislative Auditor will conduct the audit during the same time period (see Recommendation 5 under Recommendations for Legislation).

2. The Committee voted to send a letter to the DPBH expressing the Committee’s desire for the Division’s webpages to include a user-friendly way for the public to determine the licensing status of a program.

3. The Committee voted to send a letter to the Governor of the State of Nevada to evaluate the adequacy of current Medicaid reimbursement rates and determine whether the rates should be raised during the 2019 Legislative Session. The letter should urge the Governor to increase the rates for Nevada’s support specialists so that persons, especially children, will not be required to seek services out of state. The letter should also specify that low Medicaid reimbursement rates lead to high levels of staff turnover, which is a concern when it comes to adequately training staff. Finally, it should be noted in the letter that rate studies indicate the

10 reimbursement rate for vocational services and SLAs for persons with intellectual and developmental disabilities is up to 25 percent below other similar states.

4. The Committee voted to send a letter to the Office of the State Long Term-Care Ombudsman requesting that when the Office reviews its caseload ratio for submission of the biennial agency budget request, the Office should take into account the acuity and ability level of its consumers and adjust the current 1:60 ratio, as needed, to account for the potential of more challenging cases.

5. The Committee voted to send a letter to the Governor of the State of Nevada and copy the chair of the Interim Finance Committee (NRS 218E.400) urging an increase in funding to support the independent living needs of visually impaired adults. Increased funding of $500,000 in each FY of the 2019–2021 Biennium is estimated to be needed to support five key areas:

a. Consumer service outreach;

b. Orientation and mobility training;

c. Assistive technology;

d. Paratransit service areas; and

e. Driver awareness training regarding the needs of visually impaired pedestrians.

6. The Committee voted to send a letter to the Governor of the State of Nevada urging that the Governor’s Executive Budget include sufficient state matching funds so that all federal funding allocated to the state for vocational rehabilitation services for visually and/or hearing impaired adults may be drawn.

7. The Committee voted to send a letter to the Director’s Office of the LCB; the administrators of the Fiscal Analysis Division, LCB; and the director of the Office of Finance, Office of the Governor, to review and revise the provisions of the measure that authorizes expenditures of state government. The letter would specifically request that consideration be given to revise the measure to authorize the Bureau of Services to Persons Who Are Blind or Visually Impaired and the Bureau of Vocational Rehabilitation, both of the Rehabilitation Division, DETR, to expend appropriations from the State General Fund before all other fund sources in order to meet federal funding matching requirements.

11 COMMISSION ON SPECIAL LICENSE PLATES

Nevada Revised Statutes 482.367004

Members

Senator Patricia Farley, Chair Assemblyman Richard Carrillo, Vice Chair Senator Moises (Mo) Denis Assemblywoman Daniele Monroe-Moreno Assemblyman Jim Wheeler

Nonvoting Members

Terri L. Albertson, C.P.M., Director, Department of Motor Vehicles David C. Peterson, Interim Director, Department of Tourism and Cultural Affairs James M. Wright, Director, Department of Public Safety

Staff Contacts

Research Division: Melinda (Mindy) Martini, Principal Policy Analyst Marjorie Paslov Thomas, Senior Principal Policy Analyst Christina Harper, Research Policy Assistant (775) 684-6825

Legal Division: Brenda J. Erdoes, Legislative Counsel Darcy Johnson, Principal Deputy Legislative Counsel (775) 684-6830

Nevada Revised Statutes

NRS 482.367004 Commission on Special License Plates: Creation; membership; term; service without salary or compensation; administrative support; duties. 1. There is hereby created the Commission on Special License Plates. The Commission is advisory to the Department and consists of five Legislators and three nonvoting members as follows: (a) Five Legislators appointed by the Legislative Commission: (1) One of whom is the Legislator who served as the Chair of the Assembly Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Assembly Standing Committee on Transportation during the most recent legislative session. (2) One of whom is the Legislator who served as the Chair of the Senate Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Senate Standing Committee on Transportation during the most recent legislative session. (b) Three nonvoting members consisting of: (1) The Director of the Department of Motor Vehicles, or a designee of the Director. (2) The Director of the Department of Public Safety, or a designee of the Director. (3) The Director of the Department of Tourism and Cultural Affairs, or a designee of the Director. 2. Each member of the Commission appointed pursuant to paragraph (a) of subsection 1 serves a term of 2 years, commencing on July 1 of each odd-numbered year. A vacancy on the Commission must be filled in the same manner as the original appointment. 3. Members of the Commission serve without salary or compensation for their travel or per diem expenses. 4. The Director of the Legislative Counsel Bureau shall provide administrative support to the Commission. 5. The Commission shall recommend to the Department that the Department approve or disapprove: (a) Applications for the design, preparation and issuance of special license plates that are submitted to the Department pursuant to subsection 1 of NRS 482.367002; (b) The issuance by the Department of special license plates that have been designed and prepared pursuant to NRS 482.367002; and (c) Except as otherwise provided in subsection 7, applications for the design, preparation and issuance of special license plates that have been authorized by an act of the Legislature after January 1, 2007. In determining whether to recommend to the Department the approval of such an application or issuance, the Commission shall consider, without limitation, whether it would be appropriate and feasible for the Department to, as applicable, design, prepare or issue the particular special license plate. For the purpose of making recommendations to the Department, the Commission shall consider each application in the chronological order in which the application was received by the Department.

3 6. On or before September 1 of each fiscal year, the Commission shall compile a list of each special license plate for which the Commission, during the immediately preceding fiscal year, recommended to the Department that the Department approve the application for the special license plate or approve the issuance of the special license plate. The list so compiled must set forth, for each such plate, the cause or charitable organization for which the special license plate generates or would generate financial support, and the intended use to which the financial support is being put or would be put. The Commission shall transmit the information described in this subsection to the Department and the Department shall make that information available on its Internet website. 7. The provisions of paragraph (c) of subsection 5 do not apply with regard to special license plates that are issued pursuant to NRS 482.3746, 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787 or 482.37901. 8. The Commission shall: (a) Recommend to the Department that the Department approve or disapprove any proposed change in the distribution of money received in the form of additional fees. As used in this paragraph, “additional fees” means the fees that are charged in connection with the issuance or renewal of a special license plate for the benefit of a particular cause, fund or charitable organization. The term does not include registration and license fees or governmental services taxes. (b) If it recommends a proposed change pursuant to paragraph (a) and determines that legislation is required to carry out the change, recommend to the Department that the Department request the assistance of the Legislative Counsel in the preparation of a bill draft to carry out the change. (Added to NRS by 2003, 3065; A 2005, 2847; 2007, 575, 804, 819, 1038; 2009, 493; 2011, 1792, 2985; 2013, 556, 1476, 2550; 2015, 256, 660; 2017, 3573)

4 ABSTRACT

COMMISSION ON SPECIAL LICENSE PLATES

Nevada Revised Statutes (NRS) 482.367004

The Commission on Special License Plates is an ongoing statutory commission authorized under the provisions of NRS 482.367004 to recommend to the Department of Motor Vehicles (DMV) the approval or disapproval of applications for special license plates, as defined in NRS 482.367008.

The Commission consists of five voting members and three nonvoting members. The voting members must be legislators, including the legislators who served as chairs of the Senate and Assembly Committees on Transportation during the most recent legislative session, or their designees. The nonvoting members are the directors of the DMV, the Department of Public Safety, and the Department of Tourism and Cultural Affairs, or their designees.

The Commission held four meetings during the 2017–2018 Interim, on September 20, 2017; January 4, 2018; May 11, 2018; and August 10, 2018. At the September, January, and May meetings, the Commission considered the determination it made at its meeting on April 27, 2017, that Horse Power, a charitable organization receiving revenue from the sale of a special license plate, did not comply with certain laws governing special license plates. Based upon testimony received, the Commission made a recommendation to the DMV that on December 31, 2018, the DMV suspend the collection of all additional fees collected on behalf of Horse Power and suspend the production of its special license plate. This time frame will provide Horse Power ample time to make any necessary changes to provide for ongoing care for any wild, estray, or second-chance horses, burros, or mules in its care.

This interim, there were three available openings for special license plates in the first tier, with 12 pending applications. In the second tier, there were two available openings, with six pending applications. The Commission considered the applications in order of receipt and recommended to the DMV approval of three applications in the first tier for Grant a Gift Autism Foundation, Interfaith Council of Southern Nevada, and Northern Nevada Section of the Society for Mining, Metallurgy & Exploration Inc. The Commission also recommended to the DMV the approval of two applications in the second tier for special license plates for the Henderson, Nevada Historical Society and the Raiders Foundation The Oakland Raiders. A third applicant for the second tier, the Southern Nevada Joint Management Culinary Bartenders Training Fund, requested to be withdrawn from consideration.

At its meeting on January 4, 2018, the Commission recommended the DMV redesign the University of Nevada, Las Vegas, special license plate. At its meeting on August 10, 2018, the Commission recommended the DMV redirect fees received from the sale and renewal of the Virginia & Truckee Railroad special license plate from the Northern Nevada Railway Foundation, Incorporated, to the Treasurer of Storey County who will create a fund for the license plate.

5 The Commission held a work session at its meeting on August 10, 2018, and voted to forward two recommendations as bill draft requests (BDRs) to the 2019 Legislature. The first BDR proposes additional recommendations to the DMV for situations when an organization does not comply with one or more provisions of NRS 482.38277, relating to special license plates. The second BDR proposes to exempt a charitable organization from preparing and filing the documents and forms required pursuant to NRS 482.38277 when a special license plate has ceased production or when the fees generated from the renewal of the license plate are less than $10,000 annually.

6 SUMMARY OF RECOMMENDATIONS

COMMISSION ON SPECIAL LICENSE PLATES

Nevada Revised Statutes (NRS) 482.367004

This summary presents the recommendations adopted by the Commission on Special License Plates during its meeting on August 10, 2018. The Commission submits the following recommendations and bill draft requests (BDRs) to the 80th Session of the Nevada Legislature.

RECOMMENDATIONS FOR LEGISLATION

During the drafting process, specific details of the following proposals for legislation may be further clarified by staff in consultation with the chair or others, as appropriate.

1. Pursuant to NRS 482.38279, in the event that a charitable organization has failed to comply with one or more provisions of NRS 482.38277 or, if the legislative auditor determines that an organization has committed improper practices of financial administration, filed inadequate or inaccurate forms or records, or failed to ensure that all money received is expended appropriately, and the Commission concurs with the findings, the Commission is authorized to recommend to the Department of Motor Vehicles (DMV) to:

a. Suspend the collection of all additional fees gathered on behalf of the charitable organization; and

b. Suspend the production of the special license plate, if the DMV is still producing that design.

During the work session, the Commission voted to request legislation to propose the following additional recommendations to the DMV for situations when an organization does not comply with one or more provisions of NRS 482.38277:

a. Provide that the Commission may recommend to the DMV to suspend the production and distribution of the license plate and the collection of all additional fees gathered on behalf of the charitable organization. Plate holders may renew existing plates; however, no additional fees would be collected on behalf of the organization.

b. Provide that the Commission may recommend to the DMV to suspend the production and distribution of the license plate and the collection of all additional fees gathered on behalf of the charitable organization for a specified period of time (to be determined on a case-by-case basis). At the end of the time period, if the DMV, in consultation with the Commission, determines:

i. The charitable organization is in compliance, the DMV may lift the suspension and forward the money that was collected during the suspension to the organization; or

7 ii. The charitable organization is not in compliance, the DMV may:

(1) Suspend the production and distribution of the special license plate and the collection of all additional fees gathered on behalf of the charitable organization. Plate holders may renew existing plates; however, no additional fees would be collected on behalf of the organization. Any fees held in abeyance would be distributed by the DMV, in consultation with the Commission; and/or

(2) Resume the production and distribution of the special license plate and redirect the collection of all additional fees (both fees held and ongoing) to a new organization. To be eligible, the new organization must:

(i) Submit an application to the DMV;

(ii) Meet all applicable requirements of NRS 482.367002 for a charitable organization to receive financial support from a special license plate; and

(iii) Confirm that the expenditure of funds would be for “similar” purposes as the original organization (“similar” means that the plate still raises money for a cause that the plate holder intended to support).

In the event the application for the new organization contains information that one or more of the individuals responsible for overseeing the operation of the new charitable organization was also responsible for overseeing the operation of the charitable organization for which the special license plate was suspended, the Commission must consider this information when determining the ability of the applicant to meet all applicable requirements of NRS 482.367002 concerning the receipt of financial support from a special license plate. (BDR –395)

2. Request legislation to propose exempting a charitable organization from preparing and filing the documents and forms required pursuant to NRS 482.38277 (i.e., balance sheet, personal information of individuals responsible for overseeing the operation of the charitable organization, the budget of the charitable organization, and tax return information) under the following circumstances:

a. The special license plate has ceased production; or

b. The fees generated from the renewal of the license plate are less than $10,000 annually. (BDR –396)

8 SUMMARY OF SPECIAL LICENSE PLATE APPLICATIONS APPROVED BY THE COMMISSION

Following is a summary of the applications recommended by the Commission on Special License Plates to the DMV for approval of the design, preparation, and issuance of special license plates at its meeting on August 10, 2018.

First Tier

Grant a Gift Autism Foundation

1. Grant a Gift Autism Foundation was founded in 2009 as a nonprofit 501(c)(3) organization helping children with autism and their families by providing diagnostic and treatment funding, education, support services, transition planning, and vocational training. In addition, the Foundation provides funds for treatment not covered by state and federal resources or insurance. The Foundation collaborates with organizations, providers, and state agencies to give children with autism spectrum disorder, growing up in Nevada, a better quality of life and future as they transition into adulthood. Revenue from the special license plate will be used for autism research and treatment and empowering families who have children with autism.

Interfaith Council of Southern Nevada

2. The Interfaith Council of Southern Nevada (IFCSN) was established more than 30 years ago from an earlier parent organization, the National Conference of Christians and Jews, which was founded in 1928. The IFCSN coordinates a variety of programs to fulfill its mission to “promote mutual understanding, respect, appreciation, and cooperation among people of various faith and cultural communities in southern Nevada and in the world.” The revenue from the special license plate will support and augment these programs: Interfaith Forums, annual Interfaith Thanksgiving Service, Mayor Prayer Breakfast, and Camp Anytown.

Northern Nevada Section of the Society for Mining, Metallurgy & Exploration Inc.

3. The Northern Nevada Section of the Society for Mining, Metallurgy & Exploration Inc. (SME) is the local chapter of the premier professional society for mining professionals. The special license plate will honor the mining industry in Nevada, which has a prominent place in the history of the state and continues to play a significant role in its economy. The proceeds of the special license plate will endow a scholarship at the University of Nevada, Reno, benefitting undergraduate and graduate students in the Mackay School of Mines and the College of Science.

Second Tier

Henderson, Nevada Historical Society

1. The Henderson Historical Society was founded in 2011 as a nonprofit 501(c)(3) organization to encourage and foster public awareness and pride in the City of Henderson and to preserve

9 the stories of the past. The funds generated by the sale and renewal of a special license plate will be used to:

a. Grow the Henderson “Speaks” program;

b. Grow the Henderson, Nevada, Then and Now project, including a traveling museum;

c. Procure and archive artifacts, photos, and stories;

d. Hire a full-time executive director; and

e. Upgrade communications including interactive website and social media outlets.

Raiders Foundation (The Oakland Raiders)

2. The Raiders Foundation is a 501(c)(3) organization that was founded in 2015 to support the local community of Oakland, California, and Raider Nation as the charitable arm of the Oakland Raiders football team. It is the Foundation’s mission to increase community and civic health through military support and youth development. All proceeds from the special license plate will be used for active military members and veterans, funding youth development, and growing the game of football.

SUNSET SUBCOMMITTEE OF THE LEGISLATIVE COMMISSION

Nevada Revised Statutes 232B.210

Members

Assemblywoman Irene Bustamante Adams, Chair Senator Kelvin D. Atkinson, Vice Chair Senator Moises (Mo) Denis Senator James A. Settelmeyer Assemblywoman Shannon Bilbray-Axelrod Assemblyman Keith Pickard

Nonvoting Members

Carmen Amen William (Buzz) Harris Teresa P. Froncek Rankin

Staff Contacts

Research Division: Carol M. Stonefield, Deputy Research Director Jennifer Ruedy, Senior Principal Policy Analyst Janet Coons, Manager of Research Policy Assistants (775) 684-6825

Legal Division: James W. Penrose, Senior Principal Deputy Legislative Counsel Jessica F. Dummer, Deputy Legislative Counsel (775) 684-6830

Nevada Revised Statutes

NRS 232B.210 Creation; membership; election of Chair and Vice Chair; vacancies; meetings; quorum; compensation; expenses. 1. The Sunset Subcommittee of the Legislative Commission, consisting of nine members, is hereby created. The membership of the Sunset Subcommittee consists of: (a) Three voting members of the Legislature appointed by the Majority Leader of the Senate, at least one of whom must be a member of the minority political party; (b) Three voting members of the Legislature appointed by the Speaker of the Assembly, at least one of whom must be a member of the minority political party; and (c) Three nonvoting members of the general public appointed by the Chair of the Legislative Commission from among the names of nominees submitted by the Governor pursuant to subsection 2. 2. The Governor shall, at least 30 days before the beginning of the term of any member appointed pursuant to paragraph (c) of subsection 1, or within 30 days after such a position on the Sunset Subcommittee becomes vacant, submit to the Legislative Commission the names of at least three persons qualified for membership on the Sunset Subcommittee. The Chair of the Legislative Commission shall appoint a new member or fill the vacancy from the list, or request a new list. The Chair of the Legislative Commission may appoint any qualified person who is a resident of this State to a position described in paragraph (c) of subsection 1. 3. Each member of the Sunset Subcommittee serves at the pleasure of the appointing authority. 4. The voting members of the Sunset Subcommittee shall elect a Chair from one House of the Legislature and a Vice Chair from the other House. Each Chair and Vice Chair holds office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the office of Chair or Vice Chair, the vacancy must be filled in the same manner as the original selection for the remainder of the unexpired term. 5. The membership of any member of the Sunset Subcommittee who is a Legislator and who is not a candidate for reelection or who is defeated for reelection terminates on the day next after the general election. 6. A vacancy on the Sunset Subcommittee must be filled in the same manner as the original appointment. 7. The Sunset Subcommittee shall meet at the times and places specified by a call of the Chair. Four voting members of the Sunset Subcommittee constitute a quorum, and a quorum may exercise any power or authority conferred on the Sunset Subcommittee. 8. For each day or portion of a day during which a member of the Sunset Subcommittee who is a Legislator attends a meeting of the Sunset Subcommittee or is otherwise engaged in the business of the Sunset Subcommittee, except during a regular or special session of the Legislature, the Legislator is entitled to receive the: (a) Compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session; (b) Per diem allowance provided for state officers generally; and (c) Travel expenses provided pursuant to NRS 218A.655. The compensation, per diem allowances and travel expenses of the members of the Sunset Subcommittee who are Legislators must be paid from the Legislative Fund.

3 9. While engaged in the business of the Sunset Subcommittee, the members of the Subcommittee who are not Legislators are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. (Added to NRS by 2011, 2992; A 2013, 787)

4 ABSTRACT

SUNSET SUBCOMMITTEE OF THE LEGISLATIVE COMMISSION

Nevada Revised Statutes (NRS) 232B.210

Senate Bill 251 of the 2011 Session created the Sunset Subcommittee of the Legislative Commission. The Subcommittee’s membership, powers, and duties are codified in NRS 232B.210.

The Subcommittee consists of six legislators appointed by legislative leaders. Three nonvoting members are appointed by the chair of the Legislative Commission from nominations submitted by the Governor.

The primary duties of the Subcommittee are to: (1) conduct reviews of all boards, commissions, and similar entities in Nevada, created by statute, and determine whether each entity should be continued, modified, consolidated with another entity, or terminated; (2) recommend improvements to the entities that are to be continued, modified, or consolidated; and (3) determine whether any tax exemptions, abatements, or money set aside for an entity should be continued, modified, or terminated.

The Subcommittee held seven meetings, including four work sessions, during the course of the interim. All meetings were open to the public and conducted through simultaneous videoconferences between legislative meeting rooms at the Grant Sawyer State Office Building in Las Vegas and the Legislative Building in Carson City. The public hearings afforded an opportunity for each board or commission to present information regarding its operations, including the management of staff and services, revenues and budget processes, the effectiveness of its regulations, and the disciplining of licensees. Further, the hearings offered the public an opportunity to comment on the presentations and raise additional issues relating to the entities.

The members reviewed 25 entities during the 2017–2018 Interim. The Subcommittee took action on each entity and made recommendations to continue, revise, or terminate each board or commission. In addition, the Subcommittee received status reports from several entities that it reviewed during the 2015–2016 Interim.

The Subcommittee’s final report will contain an overview of its activities and a discussion of the Subcommittee’s recommendations.

SUMMARY OF RECOMMENDATIONS

SUNSET SUBCOMMITTEE OF THE LEGISLATIVE COMMISSION

Nevada Revised Statutes (NRS) 232B.210

This summary presents the recommendations approved by the Sunset Subcommittee of the Legislative Commission at its meetings on March 21, April 23, May 21, and June 13, 2018. The recommendations will be submitted to the Legislative Commission for its consideration and possible inclusion in bill draft requests (BDRs) to be forwarded to the 80th Session of the Nevada Legislature.

RECOMMENDATIONS FOR LEGISLATION

Entities Recommended for Continuation With Statutory Revisions

1. State Board of Landscape Architecture (NRS 623A.080) (BDR –)

2. Board of Registered Environmental Health Specialists (NRS 625A.030) (BDR –)

3. Nevada Physical Therapy Board (NRS 640.030) (BDR –)

Entity Recommended for Termination With Functions Transferred

1. Board of Homeopathic Medical Examiners (NRS 630A.100) (BDR –)

Further Legislation Recommended

1. Authorize each board or commission, created in Title 54 (“Professions, Occupations and Businesses”) of NRS, to enter into or participate in a contract for the acceptance of credit cards and other electronic transfers of money or to participate in such a contract entered into by the director of the Office of Finance, Office of the Governor. (BDR –)

2. Establish an interim study of the operations of the professional and occupational licensing boards during the 2019–2020 Interim. (BDR –)

RECOMMENDATIONS FOR COMMITTEE ACTION

Entities Recommended for Continuation

1. State Contractors’ Board (NRS 624.040)

2. State Board of Professional Engineers and Land Surveyors (NRS 625.100)

3. Advisory Committee on Nursing Assistants and Medication Aides (NRS 632.072)

7 Entities Recommended for Continuation With Additional Actions and Reporting

1. Peace Officers’ Standards and Training Commission (NRS 289.500)

2. State Board of Architecture, Interior Design and Residential Design (NRS 623.050)

3. Commission on Construction Education (NRS 624.570)

4. Nevada State Board of Accountancy (NRS 628.035)

5. Board of Medical Examiners (NRS 630.050)

6. State Board of Nursing (NRS 632.020)

7. State Board of Osteopathic Medicine (NRS 633.181)

8. Chiropractic Physicians’ Board of Nevada (NRS 634.020)

9. State Board of Podiatry (NRS 635.020)

10. State Board of Pharmacy (NRS 639.020)

11. Board of Occupational Therapy (NRS 640A.080)

12. Board of Massage Therapy (NRS 640C.150)

13. Board of Psychological Examiners (NRS 641.030)

14. Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors (NRS 641A.090)

15. Board of Examiners for Social Workers (NRS 641B.100)

16. Board of Examiners for Alcohol, Drug and Gambling Counselors (NRS 641C.150)

17. Private Investigator’s Licensing Board (NRS 648.020)

18. Certified Court Reporters’ Board of Nevada (NRS 656.040)

8 LEGISLATIVE COMMITTEE FOR THE REVIEW AND OVERSIGHT OF THE TAHOE REGIONAL PLANNING AGENCY AND THE MARLETTE LAKE WATER SYSTEM

Nevada Revised Statutes 218E.555

Members

Assemblyman Michael C. Sprinkle, Chair Senator Julia Ratti, Vice Chair Senator David R. Parks Senator James A. Settelmeyer Assemblywoman Sandra Jauregui Assemblyman Al Kramer

Staff Contacts

Research Division: Jered M. McDonald, Principal Policy Analyst Lisa Gardner, Research Policy Assistant (775) 684-6825

Fiscal Analysis Division: Kimbra Ellsworth, Program Analyst (775) 684-6821

Legal Division: Eileen O’Grady, Chief Deputy Legislative Counsel Jessica F. Dummer, Deputy Legislative Counsel (775) 684-6830

Nevada Revised Statutes

NRS 218E.555 Creation; membership; budget; officers; terms; vacancies; reports. 1. There is hereby created the Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency and the Marlette Lake Water System consisting of three members of the Senate and three members of the Assembly, appointed by the Legislative Commission with appropriate regard for their experience with and knowledge of matters relating to the management of natural resources. The members must be appointed to provide representation from the various geographical regions of the State. 2. The Legislative Commission shall review and approve the budget and work program for the Committee and any changes to the budget or work program. 3. The members of the Committee shall elect a Chair from one House and a Vice Chair from the other House. Each Chair and Vice Chair holds office for a term of 2 years commencing on July 1 of each odd-numbered year. 4. Any member of the Committee who is not a candidate for reelection or who is defeated for reelection continues to serve after the general election until the next regular or special session convenes. 5. Vacancies on the Committee must be filled in the same manner as original appointments. 6. The Committee shall report annually to the Legislative Commission concerning its activities and any recommendations. (Added to NRS by 2003, 2504; A 2009, 1152, 1562; 2011, 3227, 3734; 2013, 2367)

ABSTRACT

LEGISLATIVE COMMITTEE FOR THE REVIEW AND OVERSIGHT OF THE TAHOE REGIONAL PLANNING AGENCY AND THE MARLETTE LAKE WATER SYSTEM

Nevada Revised Statutes (NRS) 218E.555

Nevada’s Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency (TRPA) and the Marlette Lake Water System (MLWS) is a permanent committee of the Nevada Legislature whose authorization and duties are set forth in NRS 218E.550 through 218E.570. Created in 2003 with the enactment of Senate Bill 216, the Committee provides oversight and review of the activities, budget, programs, and responsiveness of the TRPA and the MLWS.

The Committee held six meetings during the 2017–2018 Interim; three in Carson City and three in the Lake Tahoe Basin. The meetings addressed a variety of activities, issues, and programs pertaining specifically to the TRPA and MLWS and relating generally to the Lake Tahoe Basin. Issues specifically addressed during the meetings included environmental improvement, forest restoration, nearshore ecosystems, needed funding for improvements to the MLWS, shoreline development, and transportation.

The Committee voted to forward six recommendations as bill draft requests to the 80th Session of the Nevada Legislature in 2019, addressing the following topics: (1) environmental improvement programs in the Lake Tahoe Basin; (2) California-Nevada jurisdiction at Lake Tahoe and Topaz Lake; (3) the Tahoe-Douglas Visitor’s Authority; and (4) transportation in the Lake Tahoe Basin.

SUMMARY OF RECOMMENDATIONS

LEGISLATIVE COMMITTEE FOR THE REVIEW AND OVERSIGHT OF THE TAHOE REGIONAL PLANNING AGENCY AND THE MARLETTE LAKE WATER SYSTEM

Nevada Revised Statutes (NRS) 218E.555

This summary presents the recommendations approved by the Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency (TRPA) and the Marlette Lake Water System (MLWS) at its meetings held in Carson City on June 5, 2018, and August 28, 2018. The bill draft requests (BDRs) will be forwarded to the Legislative Commission for transmittal to the 80th Session of the Nevada Legislature.

RECOMMENDATIONS FOR LEGISLATION

1. Request the drafting of a bill to release the next phase of bonds in an amount of $8 million to carry out Nevada’s portion of the Lake Tahoe Environmental Improvement Program for the 2019–2021 Biennium. (BDR –)

2. Request the drafting of a bill to allow nonprofit organizations to receive grant funding from the proceeds generated from the sale of Lake Tahoe license plates for programs for the restoration of the natural environment of the Lake Tahoe Basin (NRS 321.5951). (BDR –)

3. Request the drafting of a resolution expressing the Nevada Legislature’s support for the critical role of science in guiding environmental protection and restoration efforts in the Lake Tahoe Basin. The resolution also recognizes the role of the Tahoe Science Advisory Council in providing the best available science to help guide natural resource planning decisions and implementation of environmental improvement projects in the Lake Tahoe Basin. (BDR –)

4. Request the drafting of a bill to amend NRS 171.077 to reflect current technology being utilized by law enforcement to identify geographic locations on Lake Tahoe and Topaz Lake. The recommendation also allows law enforcement officers to conduct follow-up investigations and bookings and arrest offenders for prohibited conduct committed on any land mass within ten air miles of Lake Tahoe and Topaz Lake. (BDR –)

5. Request the drafting of a bill to amend the Tahoe-Douglas Visitor’s Authority Act (Chapter 496, Statutes of Nevada 1997) to clarify that the convention center the Tahoe-Douglas Visitor’s Authority is authorized to plan, construct, and operate is a multiuse event and convention center that can accommodate other events besides conventions. (BDR –)

6. Request the drafting of a resolution expressing the Nevada Legislature’s support for finding innovative transportation solutions in the Lake Tahoe Basin to help protect Lake Tahoe and the surrounding ecosystem from the increasing impacts of congestion and other transportation related challenges. The resolution also expresses support for the efforts of the Bi-State Transportation Consultation Group, which is focused on identifying solutions to improve

7 mobility, increase recreational access, protect the environment, and improve the quality of life for the visitors to, and residents of, the Lake Tahoe Basin. (BDR –)

RECOMMENDATIONS FOR COMMITTEE ACTION

7. Send a letter to Nevada’s Office of Grant Procurement, Coordination and Management, Department of Administration, to express the Committee’s support of the MLWS’s request for assistance to solicit the federal government for financial resources to make improvements and needed repairs to the system, including the Marlette Lake and Hobart Reservoir Dams.

8. Send a letter to Nevada’s federal delegation expressing support for a Federal Fiscal Year 2019 budget appropriation to fund the Lake Tahoe Restoration Act of 2015.

9. Send a letter to the Tahoe-Douglas Visitor’s Authority expressing the Committee’s support of the Authority’s efforts to plan, construct, and operate a multiuse event and convention center.

10. Provide a letter to the MLWS expressing the Committee’s support of the MLWS’s efforts to obtain grant funding to make improvements and needed repairs to the system, including the Marlette Lake and Hobart Reservoir Dams.

8 VI.B. SUMMARY OF QUARTERLY REPORTS ON DISCIPLINARY ACTION FROM THE LICENSING BOARDS AND STATE AGENCIES

Occupational Licensing Quarter 4 of 2018

Board Disciplinary Actions Licenses Added Licenses Removed The Board of Dental Examiners of Nevada Last Report: 2018, qrt 3 Last Report: 2018, qrt 3 The Board of Dispensing Opticians Last Report: 2018, qrt 2 Last Report: 2018, qrt 2 The Board of Examiners for Alcohol, Drug and Gambling Counselors Last Report: 2018, qrt 2 Last Report: 2018, qrt 2 The Board of Examiners for Marriage and Family Therapists and Clinical Last Report: 2016, qrt 2 Last Report: 2016, qrt 2 Professional Counselors The Board of Examiners for Social Workers Last Report: 2018, qrt 2 Last Report: 2018, qrt 2 The Board of Hearing Aid Specialists (defunct) Last Report: 2015, qrt 2 Last Report: 2015, qrt 2 The Board of Homeopathic Medical Examiners Last Report: 2018, qrt 2 Last Report: 2018, qrt 2 The Board of Landscape Architecture Last Report: 2018, qrt 2 Last Report: 2018, qrt 2 The Board of Medical Examiners Last Report: 2018, qrt 3 Last Report: 2018, qrt 3 The Board of Occupational Therapy Last Report: 2018, qrt 3 Last Report: 2018, qrt 3 The Board of Psychological Examiners Last Report: 2018, qrt 2 Last Report: 2018, qrt 2 The Board of Registered Environmental Health Specialists Last Report: 2018, qrt 3 Last Report: 2018, qrt 3 The Certified Court Reporters Board of Nevada Last Report: 2018, qrt 3 Last Report: 2018, qrt 3 The Chiropractic Physicians Board of Nevada Last Report: 2018, qrt 3 Last Report: 2018, qrt 3 The Commissioner of Financial Institutions Last Report: 2018, qrt 3 Last Report: 2018, qrt 3 The Division of Mortgage Lending of the Department of Business and Industry Last Report: 2018, qrt 3 Last Report: 2018, qrt 3 The Health Division of the Department of Health and Human Services Last Report: 2018, qrt 3 Last Report: 2018, qrt 3 The Nevada State Board of Accountancy Last Report: 2018, qrt 3 Last Report: 2018, qrt 3 The Nevada State Board of Examiners for Long Term Care Administrators Last Report: 2018, qrt 3 Last Report: 2018, qrt 3 The Nevada State Board of Optometry Last Report: 2018, qrt 3 Last Report: 2018, qrt 2 The Nevada State Board of Veterinary Medical Examiners Last Report: 2018, qrt 2 Last Report: 2018, qrt 2 The Nevada State Funeral Board Last Report: 2018, qrt 2 Last Report: 2018, qrt 2 The Private Investigator’s Licensing Board Last Report: 2018, qrt 3 Last Report: 2018, qrt 3 The Real Estate Division of the Department of Business and Industry Last Report: 2018, qrt 3 Last Report: 2018, qrt 3

For more information, go to http://www.leg.state.nv.us, click on General Info, Reports of Occupational Licensing Boards. Page 1of 2 Occupational Licensing Quarter 4 of 2018

Board Disciplinary Actions Licenses Added Licenses Removed The Speech-Language Pathology, Audiology and Hearing Aid Dispensing Board Last Report: 2018, qrt 3 Last Report: 2018, qrt 3 The State Barbers Health and Sanitation Board Last Report: 2018, qrt 2 Last Report: 2018, qrt 2 The State Board of Architecture, Interior Design and Residential Design Last Report: 2018, qrt 3 Last Report: 2018, qrt 2 The State Board of Athletic Trainers Last Report: 2018, qrt 2 Last Report: 2018, qrt 2 The State Board of Cosmetology Last Report: 2018, qrt 3 Last Report: 2018, qrt 3 The State Board of Massage Therapists Last Report: 2018, qrt 3 Last Report: 2018, qrt 3 The State Board of Nursing Last Report: 2018, qrt 2 Last Report: 2018, qrt 2 The State Board of Oriental Medicine Last Report: 2018, qrt 2 Last Report: 2018, qrt 2 The State Board of Osteopathic Medicine 1 18 6 The State Board of Pharmacy Last Report: 2018, qrt 3 Last Report: 2018, qrt 2 The State Board of Physical Therapy Examiners Last Report: 2018, qrt 3 Last Report: 2018, qrt 3 The State Board of Podiatry Last Report: 2018, qrt 3 Last Report: 2018, qrt 3 The State Board of Professional Engineers and Land Surveyors Last Report: 2018, qrt 2 Last Report: 2018, qrt 2 The State Contractors Board Last Report: 2018, qrt 3 Last Report: 2018, qrt 3

For more information, go to http://www.leg.state.nv.us, click on General Info, Reports of Occupational Licensing Boards. Page 2of 2 VI.C.1. WASHOE COUNTY SCHOOL DISTRICT’S REPORT ON CONTRACTS FOR PUBLIC WORKS AWARDED TO CONTRACTORS, APPLICANTS OR DESIGN-BUILD TEAMS WHO RECEIVE PREFERENCE IN BIDDING PURSUANT TO NRS 338.0117(7)

425 East Ninth Street * P.O. Box 30425 * Reno, NV 89520-3425 Phone (775) 348-0200 * (775) 348-0304 * www.washoeschools.net

Board of Trustees: Katy Simon Holland, President * Malena Raymond, Vice President * John Mayer, Clerk * Debra Feemster * Veronica Frenkel * Scott Kelley * Angela Taylor * Traci Davis, Superintendent

Preference Report per NRS 338.0117 August 1, 2017 – July 31, 2018

TO: Legislative Counsel Bureau FROM: Washoe County School District ATTN: Director Purchasing Department E-Mail: [email protected] Aprile Anderson, Buyer II 14101 Old Virginia Road Reno, NV 89521 Phone: 775-789-3830 E-Mail: [email protected]

Project Bid #61165C – Replacement of Rooftop Units at Elizabeth Lenz Elementary School

Scope of Work Replacement of the existing 23 classroom unit ventilators (UV), classroom sinks and cabinets, installing a new air cooled chiller, new chilled water plant housed in a new concrete block structure, all necessary chilled water piping and extension of the existing hydronic heating water piping to the new UV’s and existing air handlers, new dedicated domestic water heater and tempered water distribution line to all classrooms, flooring removal and replacement to gain access to mechanical trench, all required wall and ceiling removal and replacement for new piping, all required electrical and fire alarm modifications and additions, repairing and reroofing at the removed evaporation cooler pods, new replacement rooftop package units with economizers, full DDC control system, removal and replacement of existing flooring in the multi-purpose room and adjacent space and computer server room.

Proof of Preference Provided By Contractor The awarded contractor provided a Preferential Bidder Status Affidavit and the Certificate of Eligibility provided by the Nevada State Contractors’ Board.

Awarded Contractor Award Amount Neeser Construction $2,374,000 PO Box 3198 Carson City, NV 89702 Date of Award Contact Person: Joyce Frostad March 27, 2018 Telephone: 775-849-1850 E-Mail: [email protected]

Apparent Low Bidder Apparent Low Bidder Amount Simerson Construction LLC $2,370,000 1780 Forrest Way, Suite 101 Carson City, NV 89706 Contact Person: Dru Simerson Telephone: 775-883-3133 E-Mail: [email protected]

VI.C.2 NEVADA LEGISLATURE ORAL HISTORY PROGRAM

STATE OF NEVADA LEGISLATIVE COMMISSION (775) 684-6800 JASON FRIERSON, Assemblyman, Chair LEGISLATIVE COUNSEL BUREAU Rick Combs, Director, Secretary

LEGISLATIVE BUILDING INTERIM FINANCE COMMITTEE (775) 684-6821 401 S. CARSON STREET JOYCE WOODHOUSE, Senator, Chair Cindy Jones, Fiscal Analyst CARSON CITY, NEVADA 89701-4747 Mark Krmpotic, Fiscal Analyst Fax No.: (775) 684-6600

RICK COMBS, Director BRENDA J. ERDOES, Legislative Counsel (775) 684-6830 (775) 684-6800 ROCKY COOPER, Legislative Auditor (775) 684-6815 MICHAEL J. STEWART, Research Director (775) 684-6825

M E M O R A N D U M

DATE: August 29, 2018 TO: Rick Combs, Director FROM: Jennifer Ruedy, Senior Principal Policy Analyst, Research Division SUBJECT: Nevada Legislature Oral History Program—Report to the Legislative Commission Pursuant to Nevada Revised Statutes 218A.350, Section 7

The memorandum serves to satisfy the requirements of Section 7 of Nevada Revised Statutes (NRS) 218A.350, which requires the Research Division of the Legislative Counsel Bureau (LCB) to submit to the Legislative Commission a report concerning activities relating to the Nevada Legislature Oral History Program.1

BACKGROUND INFORMATION AND ASSEMBLY BILL 384 OF THE 2015 LEGISLATIVE SESSION

During the 2007 Legislative Session, the Nevada Legislature approved Senate Bill 579 (Chapter 345, Statutes of Nevada), which appropriated $228,056 to the Legislative Fund for the Research Division to create an oral history of the Nevada Legislature. As a result, the Division conducted a competitive bid process to identify and retain a contractor to carry out the project. In January 2008, a contract was signed between the LCB and Get Consensus, LLC, for an 18-month program, which ended in June 2009. During the project, 17 video- and audio-taped interviews were conducted of former legislators who have made significant contributions to Nevada. In commemoration of the Legislature’s 75th Legislative Session, portions of 16 interviews were compiled into a 27–minute film titled, “Remembering Citizen Legislators: The Nevada Legislature Oral History Project.” A “fact sheet” summarizing the 2008–2009 oral history project is attached. Transcripts and videos of all interviews are also available online via the Nevada Legislature’s website at: https://www.leg.state.nv.us/Division/Research/LegInfo/OHP/ index.html.

1 NRS 218A.350(7) — 7. On or before September 1 of each even-numbered year, for the biennium ending June 30 of such year, the Research Division shall submit a report to the Legislative Commission concerning the activities of the Program during that biennium.

Assembly Bill 384 of the 2015 Legislative Session

The Nevada Legislature approved unanimously AB 384 (Chapter 183, Statutes of Nevada 2015), which establishes in NRS the Nevada Legislature Oral History Program in the Research Division of the LCB. Within the limits of available funds, the Division shall conduct (or cause to be conducted) the oral histories of current and former legislators and ensure the preservation of these histories. The Director of the LCB may accept gifts, grants, or donations in support of the program. The measure also requires the Division to submit a report concerning the Legislature’s Oral History Program on or before September 1 of each even-numbered year.

REPORT OF ONGOING ACTIVITIES AND PLANNING RELATING TO THE NEVADA ORAL HISTORY PROGRAM

While the implementation of the oral history program is largely dependent on available funds, the Research Division can, without such funding, prepare a plan setting forth the oral histories proposed to be conducted and detailing the policies and procedures to conduct and preserve the oral histories and any related materials.

Program Plan—Nevada Legislature Oral History Program

The Division is in the process of preparing a “program plan” which will, at a minimum, consist of the following components:

• General Background Information—including a comprehensive legislative history of AB 384 and related historical information;

• Forms—interview schedule forms, informational forms for interviewees to complete, acknowledgements, and relevant contracts;

• Selection Criteria for Interviewees—unique characteristics of interview subjects, age of potential interviewees, leadership positions held, major legislation sponsored, length of legislative service, et cetera;

• Selection Criteria for Interviewers—who should conduct the interview, pre-interview research needs and requirements, best practices used during the 2008–2009 oral history project, et cetera;

• Interview Parameters and Expectations—the use of personalized questions versus “stock” questions, ideal length of interview time, inclusion of a spouse or partner, and document preparation, both before and after the interviews;

• Finances and Grants—budget statements, acceptable sources of grants and donations, criteria for potential grants or donations, deliverables, and related travel costs;

2 • Information Management—storage, retention, and preservation of documents; web site design; publication of oral history materials; role of the Research Library; confidentiality of materials; redaction issues; transmission of documents to the Division of State Library, Archives and Public Records within the State’s Department of Administration (SDA); et cetera;

• Project Management—designation of project manager(s) and points of contact from within the Research Division, interview schedules, behind-the-scenes coordination, printing needs, contact lists of key players, liaison with interested lawmakers, work logs and time allotments, and reporting requirements;

• Technical Logistics—technical assistance needs, such as audio and video recording; lighting during interviews; travel requirements; staging; and general technology needs;

• Biennial Report—copies of reports due to the Legislative Commission on September 1 of each even-numbered year; and

• Miscellaneous and Other Information—additional items, documents, or electronic mail that may not fit in the categories noted above.

Anticipated Approval of Oral History Program Plan, Policies, and Procedures

Pursuant to subsection 3 of NRS 218A.350, the Research Division must “. . . prepare a plan setting forth any oral histories proposed to be conducted during a biennium . . . ” and “. . . adopt procedures for the conduct and preservation of the oral histories and any related materials . . . .” The Division must also adopt policies, subject to Legislative Commission approval, relating to: (1) the acceptance of oral histories and related documents from current and former legislators and others; (2) the release to the public of oral histories conducted or accepted; (3) the transfer of oral histories and related documents to the Division of State Library, Archives, and Public Records within the SDA; and (4) other matters necessary to carry out the program.

If funding is approved for the Oral History Program, the Division will seek Legislative Commission approval of the plan, procedures, and policies (as highlighted above). Without added funding, the Division may not conduct any oral histories in the near future; however, there is a possibility that the costs associated with a small number of oral histories could be absorbed within the current Research Division budget.

CONCLUDING REMARKS

The Research Division is honored to facilitate the Nevada Legislature Oral History Program, conduct the necessary interviews, and prepare and adopt the required policies and guidelines for the program.

Questions related to the program may be directed to the following staff members of the Research Division (775/684-6825):

Jennifer Ruedy Senior Principal Policy Analyst [email protected]

Michael J. Stewart Research Director [email protected]

Carol M. Stonefield Deputy Research Director [email protected]

JR/ma:G182270.11E Att.

4 VI.C.3. DEPARTMENT OF TAXATION, SALES TAX REVENUE STATISTICS FOR BUSINESSES OPERATING IN A TOURISM IMPROVEMENT DISTRICT (TID) IN WASHOE AND CLARK COUNTIES STAR BOND DISTRICTS PURSUANT OT NRS 271A.105(2)(a)

TABLE 1 DEPARTMENT OF TAXATION'S TOURISM IMPROVEMENT DISTRICT REPORT PURSUANT TO NRS 271A.105 (2A) SALES TAX REVENUE STATISTICS FOR BUSINESSES OPERATING IN A TOURISM IMPROVEMENT DISTRICT (TID) CREATED UNDER NRS 271A (STAR BOND DISTRICT) SEMI-ANNUAL REPORT FOR January 2018 THROUGH June 2018 Jan-18 Feb-18 Mar-18 Apr-18 May-18 Jun-18 TOTAL Sales Tax Revenue Statistics for All Businesses Operating in a TID Total Sales Tax Revenue $1,372,073 $1,022,285 $1,283,071 $1,190,567 $1,526,637 $1,420,430 $7,815,063 Number of Businesses Reporting 38 37 37 38 39 40 Sales Tax Revenue Statistics Based on those Businesses Operating in a TID that Provided a Response on the Percentage of Sales to Non-residents Total Sales Tax Revenue by Businesses Reporting a Number for the Percentage of Sales to Non-residents $745,101 $603,374 $705,121 $845,408 $913,552 $1,029,687 $4,842,243 Number of Businesses Reporting a Number for the Percentage of Sales to Non-residents 19 18 18 19 21 21 Number of Businesses Reporting Zero as the Percentage of Sales to Non-residents 19 19 19 19 18 19 Number of Businesses Reporting a Positive Number as the Percentage of Sales to Non-residents 19 18 18 19 21 21 Maximum Percentage of Sales to Non-residents Reported 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% Minimum Non-zero Percentage of Sales to Non- residents Reported 0.01% 3.0% 3.0% 0.03% 0.02% 0.02% Average Percentage of Sales to Non-residents (Based on Businesses Providing a Response) 15.4% 15.4% 16.3% 16.2% 19.6% 19.2%

1.) The actual sales tax revenue number was computed by the Department of Taxation from the taxable sales reported on tax returns filed by businesses operating in the three Tourism Improvement Districts in Washoe County formed by the City of Reno and City of Sparks and the one Tourism Improvement District in Clark County formed by the City of Las Vegas. 2.) The information on percentage of sales to non-residents was compiled by the Department of Taxation from actual self-reported responses to a form sent to each business in a Tourism Improvement District by the Department. TABLE 2 DEPARTMENT OF TAXATION'S TOURISM IMPROVEMENT DISTRICT REPORT PURSUANT TO NRS 271A.105 (2A) GROSS WAGES AND FULL-TIME AND PART-TIME EMPLOYEE STATISTICS FOR BUSINESSES OPERATING IN A TOURISM IMPROVEMENT DISTRICT (TID) CREATED UNDER NRS 271A (STAR BOND DISTRICT) SEMI-ANNUAL REPORT FOR January 2018 THROUGH June 2018

Jan-18 Feb-18 Mar-18 Apr-18 May-18 Jun-18 TOTAL Gross Wages Paid to Employees Statistics Based on those Businesses that Provided a Response on Gross Wages Paid Gross Wages Paid $3,058,017 $3,196,021 $3,686,440 $2,997,823 $3,101,502 $3,579,087 $19,618,890 Number of Businesses Reporting Gross Wages 37 37 38 37 39 40 Full-time Employee Statistics Based on those Businesses that Provided a Response on the Number of Full-time Employees Total Full-time Employees 678 668 678 677 664 653 Maximum Number of Full-time Employees Reported by a Business 120 112 111 109 109 111 Minimum Number of Full-time Employees Reported by a Business 1 1 1 1 1 1 Average Number of Full-time Employees per Business (based on businesses reporting full-time employees) 18 18 18 18 17 17 Number of Businesses Reporting Full-time Employees 37 37 37 37 39 38 Part-time Employee Statistics Based on those Businesses that Provided a Response on the Number of Part-time Employees Total Part-time Employees 972 963 976 951 992 983 Maximum Number of Part-time Employees Reported by a Business 158 157 155 162 159 152 Minimum Number of Part-time Employees Reported by a Business 1 2 1 1 1 2 Average Number of Part-time Employees per Business (based on businesses reporting part-time employees) 28 28 27 28 27 27 Number of Businesses Reporting Part-time Employees 35 34 36 34 37 37

1.) The information on Gross Wages and Number of Full-time and Part-time Employees was compiled by the Department of Taxation from actual self-reported responses to a form sent to each business in a Tourism Improvement District by the Department. VI.C.4. NEVADA DEPARTMENT OF VETERAN SERVICES, 2018 REVIEW OF THE REPORT OF PREFERENCES FOR LOCAL BUSINESSES OWNED BY VETERANS WITH SERVICE CONNECTED DISABILITIES PURSUANT TO NRS 417.105, NRS 333.3366 & NRS 338.13843

VI.C.5. QUARTERLY AND ANNUAL REPORTS ON SALES AND USE TAXES IMPOSED TO RECRUIT, EMPLOY AND EQUIP PUBLIC SAFETY PERSONNEL PURSUANT TO SECTION 17.5 OF THE NYE COUNTY SALES AND USE TAX ACT OF 2007

Quarterly and Annual Reports Required Pursuant to Section 17.5 of the Nye County Sales and Use Tax Act of 2007 Reporting Entity: Sheriff - Amargosa Effective Date for the Imposition of the 0.5% Sales Tax Rate: April 1, 2014 Report Due Date: August 15, 2014 August 15, 2015 August 15, 2016 August 15, 2017 November 15, 2017 February 15, 2018 May 15, 2018 August 15, 2018 August 15, 2018 FY 2014: FY 2015: FY 2016: FY 2017: FY 2018: July 1, 2013 - June July 1, 2014 - June July 1, 2015 - June July 1, 2016 - June 30, July 1, 2017 - September October 1, 2017 - January 1, 2018 - April 1, 2018 - June July 1, 2017 - June 30, Tax Act Reference Report Period: 30, 2014 30, 2015 30, 2016 2017 30, 2017 December 31, 2017 March 31, 2018 30, 2018 2018 PUBLIC SAFETY SALES TAX Audited Audited Audited Audited Unaudited Unaudited Unaudited Unaudited Unaudited Sec. 17.3a PROCEEDS Beginning Fund Balance - - 45,813 88,012 120,302 126,312 136,627 127,708 120,302 Sales Tax - 45,657 41,276 42,306 7,008 13,307 11,849 19,974 52,139 Interest Income - 156 923 319 405 (262) - (387) (244) Operating Transfers In ------Other ------TOTAL PROCEEDS - 45,813 88,012 130,637 127,715 139,357 148,476 147,296 172,197 Sec 173.b3 EXPENDITURES Public Safety Sales Tax Salaries and Wages ------Employee Benefits ------Services & Supplies - - - 10,335 1,403 1,985 - 3,388 Capital - - - - - 744 20,768 - 21,513 Sec 17.3b1 TOTAL EXPENDITURES Public Safety Sales Tax - - - 10,335 1,403 2,729 20,768 - 24,901 FUND BALANCE Public Safety Sales Tax - 45,813 88,012 120,302 126,312 136,627 127,708 147,296 147,296 Sec 17.3 SUPPLANTING COMPLIANCE GENERAL EXISTING FUNDING EXPENDITURES Salaries and Wages 242,811 245,947 215,569 157,673 49,699 57,404 43,168 52,946 203,216 Employee Benefits 141,054 146,443 122,879 80,263 25,188 27,518 28,958 30,828 112,492 Services & Supplies - - - NA NA NA NA NA NA Capital ------TOTAL EXPENDITURES 383,865 392,390 338,448 237,936 74,886 84,922 72,126 83,774 315,708 Sec 14.1 Expenditures in the Current Fiscal Year 383,865 392,390 338,448 237,936 74,886 84,922 72,126 83,774 315,708 Sec 14.1 Expenditures in the Preceding Fiscal Year 349,147 383,865 392,390 338,448 65,187 66,265 57,135 49,350 237,936

Sec 17.3b3 Difference: Current Fiscal Year less Preceding Fiscal Year 34,718 8,525 (53,942) (100,512) 9,700 18,657 14,992 34,424 77,772 ADDITIONAL REPORTING REQUIREMENTS Public Safety Sales Tax Positons Sec 17.3b2 Additional Deputy Sheriffs-Nye Sales Tax Act 000 0 0 0 0 0 0 Sec 17.3b2 Existing Deputy Sheriffs-Nye Sales Tax Act 000 0 0 0 0 0 0 Additional Other Public Safety Personnel-Nye Sales Tax Act 000 0 0 0 0 0 0

Existing Other Public Safety Personnel-Nye Sales Tax Act 000 0 0 0 0 0 0

Subtotal: Additional and Existing Deputy Sheriffs and Other Public Safety Personnel - Nye Sales Tax Act 0 0 0 0 0 0 0 0 0 NON Public Safety Sales Tax Positions Additional Deputy Sheriffs and Other Public Safety Personnel 000 0 0 0 0 0 0 Existing Deputy Sheriffs and Other Public Safety Personnel 333 2 2 2 2 2 2

Subtotal: Additional and Existing Deputy Sheriffs and Other Public Safety Personnel 3 3 3 2 2 2 2 2 2 Total: Additional and Existing Deputy Sheriffs and Other Public Safety Personnel 3 3 3 2 2 2 2 2 2

Nye County Sales and Use Tax Reporting ‐ Sheriff Dept Amargosa Q4‐2018 Report Page 1 of 13 Quarterly and Annual Reports Required Pursuant to Section 17.5 of the Nye County Sales and Use Tax Act of 2007 Reporting Entity: Sheriff - Beatty Effective Date for the Imposition of the 0.5% Sales Tax Rate: April 1, 2014 Report Due Date: August 15, 2014 August 15, 2015 August 15, 2016 August 15, 2017 November 15, 2017 February 15, 2018 May 15, 2018 August 15, 2018 August 15, 2018 FY 2014: FY 2015: FY 2016: FY 2017: FY 2018: July 1, 2013 - June July 1, 2014 - June July 1, 2015 - June July 1, 2016 - June 30, July 1, 2017 - September October 1, 2017 - January 1, 2018 - April 1, 2018 - June July 1, 2017 - June 30, Tax Act Reference Report Period: 30, 2014 30, 2015 30, 2016 2017 30, 2017 December 31, 2017 March 31, 2018 30, 2018 2018 PUBLIC SAFETY SALES TAX Audited Audited Audited Audited Unaudited Unaudited Unaudited Unaudited Unaudited Sec. 17.3a PROCEEDS Beginning Fund Balance - - 33,317 62,206 85,224 89,139 96,701 87,514 85,224 Sales Tax - 33,203 28,222 30,461 5,046 9,581 8,531 14,382 37,540 Interest Income - 114 667 70 (102) (18) - (356) (475) Operating Transfers In - - - - - Other - - - - - TOTAL PROCEEDS - 33,317 62,206 92,737 90,168 98,702 105,232 101,540 122,288 Sec 173.b3 EXPENDITURES Public Safety Sales Tax Salaries and Wages ------Employee Benefits ------Services & Supplies - - - - 1,029 1,456 - 1,100 3,585 Capital - - - 7,513 - 546 17,718 11,182 29,446 Sec 17.3b1 TOTAL EXPENDITURES Public Safety Sales Tax - - - 7,513 1,029 2,002 17,718 12,282 33,030 FUND BALANCE Public Safety Sales Tax - 33,317 62,206 85,224 89,139 96,701 87,514 89,258 89,258 Sec 17.3 SUPPLANTING COMPLIANCE GENERAL EXISTING FUNDING EXPENDITURES Salaries and Wages 320,813 228,397 189,581 267,248 50,370 58,905 61,619 73,046 243,939 Employee Benefits 163,663 104,258 113,870 160,864 25,886 28,182 39,844 41,857 135,769 Services & Supplies - - - NA NA NA NA NA NA Capital ------TOTAL EXPENDITURES 484,476 332,655 303,451 428,112 76,255 87,086 101,464 114,903 379,708 Sec 14.1 Expenditures in the Current Fiscal Year 484,476 332,655 303,451 428,112 76,255 87,086 101,464 114,903 379,708 Sec 14.1 Expenditures in the Preceding Fiscal Year 482,297 484,476 332,655 303,451 97,418 98,623 120,903 111,168 428,112

Sec 17.3b3 Difference: Current Fiscal Year less Preceding Fiscal Year 2,179 (151,821) (29,204) 124,661 (21,163) (11,537) (19,439) 3,735 (48,404) ADDITIONAL REPORTING REQUIREMENTS Public Safety Sales Tax Positons Sec 17.3b2 Additional Deputy Sheriffs-Nye Sales Tax Act 000 0 0 0 0 0 0 Sec 17.3b2 Existing Deputy Sheriffs-Nye Sales Tax Act 000 0 0 0 0 0 0 Additional Other Public Safety Personnel-Nye Sales Tax Act 000 0 0 0 0 0 0

Existing Other Public Safety Personnel-Nye Sales Tax Act 000 0 0 0 0 0 0

Subtotal: Additional and Existing Deputy Sheriffs and Other Public Safety Personnel - Nye Sales Tax Act 0 0 0 0 0 0 0 0 0 NON Public Safety Sales Tax Positions Additional Deputy Sheriffs and Other Public Safety Personnel 000 0 0 0 1 0 0 Existing Deputy Sheriffs and Other Public Safety Personnel 544 4 3 3 3 4 4

Subtotal: Additional and Existing Deputy Sheriffs and Other Public Safety Personnel 5 4 4 4 3 3 4 4 4 Total: Additional and Existing Deputy Sheriffs and Other Public Safety Personnel 5 4 4 4 3 3 4 4 4

Nye County Sales and Use Tax Reporting ‐ Sheriff Dept Beatty Q4‐2018 Report Page 2 of 13 Quarterly and Annual Reports Required Pursuant to Section 17.5 of the Nye County Sales and Use Tax Act of 2007 Reporting Entity: Sheriff - Gabbs Effective Date for the Imposition of the 0.5% Sales Tax Rate: April 1, 2014 Report Due Date: August 15, 2014 August 15, 2015 August 15, 2016 August 15, 2017 November 15, 2017 February 15, 2018 May 15, 2018 August 15, 2018 August 15, 2018 FY 2014: FY 2015: FY 2016: FY 2017: FY 2018: July 1, 2013 - June July 1, 2014 - June July 1, 2015 - June July 1, 2016 - June 30, July 1, 2017 - September October 1, 2017 - January 1, 2018 - April 1, 2018 - June July 1, 2017 - June 30, Tax Act Reference Report Period: 30, 2014 30, 2015 30, 2016 2017 30, 2017 December 31, 2017 March 31, 2018 30, 2018 2018 PUBLIC SAFETY SALES TAX Audited Audited Audited Audited Unaudited Unaudited Unaudited Unaudited Unaudited Sec. 17.3a PROCEEDS Beginning Fund Balance - - 12,078 19,392 25,587 26,661 28,667 26,971 25,587 Sales Tax - 12,036 7,092 8,179 1,355 2,573 2,291 3,862 10,080 Interest Income - 42 222 23 (0) (21) (72) (94) Operating Transfers In - - - - - Other - - - - - TOTAL PROCEEDS - 12,078 19,392 27,594 26,942 29,213 30,958 30,760 35,573 Sec 173.b3 EXPENDITURES Public Safety Sales Tax Salaries and Wages ------Employee Benefits ------Services & Supplies - - - - 281 397 - - 678 Capital - - - 2,007 - 149 3,987 - 4,136 Sec 17.3b1 TOTAL EXPENDITURES Public Safety Sales Tax - - - 2,007 281 546 3,987 - 4,814 FUND BALANCE Public Safety Sales Tax - 12,078 19,392 25,587 26,661 28,667 26,971 30,760 30,760 Sec 17.3 SUPPLANTING COMPLIANCE GENERAL EXISTING FUNDING EXPENDITURES Salaries and Wages 86,416 85,162 81,612 80,945 22,370 23,328 20,603 23,519 89,820 Employee Benefits 48,695 51,246 50,825 49,738 11,331 12,615 14,931 16,161 55,037 Services & Supplies - - - NA NA NA NA NA NA Capital - - - - - TOTAL EXPENDITURES 135,111 136,408 132,437 130,682 33,702 35,943 35,534 39,679 144,857 Sec 14.1 Expenditures in the Current Fiscal Year 135,111 136,408 132,437 130,682 33,702 35,943 35,534 39,679 144,857 Sec 14.1 Expenditures in the Preceding Fiscal Year 133,234 135,111 136,408 132,437 29,593 28,547 37,969 34,573 130,682

Sec 17.3b3 Difference: Current Fiscal Year less Preceding Fiscal Year 1,877 1,297 (3,971) (1,755) 4,108 7,396 (2,435) 5,106 14,175 ADDITIONAL REPORTING REQUIREMENTS Public Safety Sales Tax Positons Sec 17.3b2 Additional Deputy Sheriffs-Nye Sales Tax Act 000 0 0 0 0 0 0 Sec 17.3b2 Existing Deputy Sheriffs-Nye Sales Tax Act 000 0 0 0 0 0 0

Additional Other Public Safety Personnel-Nye Sales Tax Act 000 0 0 0 0 0 0

Existing Other Public Safety Personnel-Nye Sales Tax Act 000 0 0 0 0 0 0

Existing Deputy Sheriffs and Other Public Safety Personnel 111 1 1 1 1 1 1 Subtotal: Additional and Existing Deputy Sheriffs and Other Public Safety Personnel 1 1 1 1 1 1 1 1 1 Total: Additional and Existing Deputy Sheriffs and Other Public Safety Personnel 1 1 1 1 1 1 1 1 1

Nye County Sales and Use Tax Reporting ‐ Sheriff Dept Gabbs Q4‐2018 Report Page 3 of 13 Quarterly and Annual Reports Required Pursuant to Section 17.5 of the Nye County Sales and Use Tax Act of 2007 Reporting Entity: Sheriff - Manhattan Effective Date for the Imposition of the 0.5% Sales Tax Rate: April 1, 2014 Report Due Date: August 15, 2014 August 15, 2015 August 15, 2016 August 15, 2017 November 15, 2017 February 15, 2018 May 15, 2018 August 15, 2018 August 15, 2018 FY 2014: FY 2015: FY 2016: FY 2017: FY 2018: July 1, 2013 - June July 1, 2014 - June July 1, 2015 - June July 1, 2016 - June 30, July 1, 2017 - September October 1, 2017 - January 1, 2018 - April 1, 2018 - June July 1, 2017 - June 30, Tax Act Reference Report Period: 30, 2014 30, 2015 30, 2016 2017 30, 2017 December 31, 2017 March 31, 2018 30, 2018 2018 PUBLIC SAFETY SALES TAX Audited Audited Audited Audited Unaudited Unaudited Unaudited Unaudited Unaudited Sec. 17.3a PROCEEDS Beginning Fund Balance - - 3,536 7,459 10,411 10,974 12,026 11,084 10,411 Sales Tax - 3,524 3,850 3,948 654 1,242 1,106 1,864 4,866 Interest Income - 12 73 5 3 (8) - (31) (37) Operating Transfers In - - - - - Other - - - - - TOTAL PROCEEDS - 3,536 7,459 11,412 11,068 12,208 13,132 12,917 15,240 Sec 173.b3 EXPENDITURES Public Safety Sales Tax Salaries and Wages ------Employee Benefits ------Services & Supplies - - - - 94 132 - - 226 Capital - - - 1,001 - 50 2,048 - 2,098 Sec 17.3b1 TOTAL EXPENDITURES Public Safety Sales Tax - - - 1,001 94 182 2,048 - 2,324 FUND BALANCE Public Safety Sales Tax - 3,536 7,459 10,411 10,974 12,026 11,084 12,917 12,917 Sec 17.3 SUPPLANTING COMPLIANCE GENERAL EXISTING FUNDING EXPENDITURES Salaries and Wages 12,008 12,055 10,436 10,560 2,769 3,116 2,725 3,349 11,959 Employee Benefits 6,199 6,245 5,539 5,657 1,363 1,500 1,774 1,872 6,508 Services & Supplies - - - NA NA NA NA NA NA Capital - - - - - TOTAL EXPENDITURES 18,207 18,300 15,975 16,216 4,132 4,615 4,500 5,221 18,468 Sec 14.1 Expenditures in the Current Fiscal Year - 18,300 15,975 16,216 4,132 4,615 4,500 5,221 18,468 Sec 14.1 Expenditures in the Preceding Fiscal Year - - 18,300 15,975 3,455 3,474 4,551 4,737 16,216

Sec 17.3b3 Difference: Current Fiscal Year less Preceding Fiscal Year - 18,300 (2,325) 242 677 1,142 (51) 484 2,251 ADDITIONAL REPORTING REQUIREMENTS Public Safety Sales Tax Positons Sec 17.3b2 Additional Deputy Sheriffs-Nye Sales Tax Act 000 0 0 0 0 0 0 Sec 17.3b2 Existing Deputy Sheriffs-Nye Sales Tax Act 000 0 0 0 0 0 0

Additional Other Public Safety Personnel-Nye Sales Tax Act 000 0 0 0 0 0 0

Existing Other Public Safety Personnel-Nye Sales Tax Act 000 0 0 0 0 0 0

Existing Deputy Sheriffs and Other Public Safety Personnel 000 0 0 0 0 0 0 Subtotal: Additional and Existing Deputy Sheriffs and Other Public Safety Personnel 0 0 0 0 0 0 0 0 0 Total: Additional and Existing Deputy Sheriffs and Other Public Safety Personnel 0 0 0 0 0 0 0 0 0

Nye County Sales and Use Tax Reporting ‐ Sheriff Dept Manhattan Q4‐2018 Report Page 4 of 13 Quarterly and Annual Reports Required Pursuant to Section 17.5 of the Nye County Sales and Use Tax Act of 2007 Reporting Entity: Sheriff - Pahrump Effective Date for the Imposition of the 0.5% Sales Tax Rate: April 1, 2014 Report Due Date: August 15, 2014 August 15, 2015 August 15, 2016 August 15, 2017 November 15, 2017 February 15, 2018 May 15, 2018 August 15, 2018 August 15, 2018 FY 2014: FY 2015: FY 2016: FY 2017: FY 2018: July 1, 2013 - June July 1, 2014 - June July 1, 2015 - June July 1, 2016 - June 30, July 1, 2017 - September October 1, 2017 - January 1, 2018 - April 1, 2018 - June July 1, 2017 - June 30, Tax Act Reference Report Period: 30, 2014 30, 2015 30, 2016 2017 30, 2017 December 31, 2017 March 31, 2018 30, 2018 2018 PUBLIC SAFETY SALES TAX Audited Audited Audited Audited Unaudited Unaudited Unaudited Unaudited Unaudited Sec. 17.3a PROCEEDS Beginning Fund Balance - - 775,505 1,135,097 1,201,201 1,141,632 1,197,935 520,977 1,201,201 Sales Tax - 1,257,643 1,089,101 1,166,671 193,258 366,965 326,762 550,825 1,437,811 Interest Income - 3,159 18,291 1,017 (413) (1,737) - (3,551) (5,701) Operating Transfers In - - - - - Other - - - - - TOTAL PROCEEDS - 1,260,802 1,882,897 2,302,785 1,394,047 1,506,860 1,524,697 1,068,251 2,633,311 Sec 173.b3 EXPENDITURES Public Safety Sales Tax Salaries and Wages - 252,303 432,319 490,592 132,944 147,827 145,943 140,380 567,095 Employee Benefits - 101,427 289,038 324,009 80,790 85,855 87,289 100,251 354,186 Services & Supplies - 906 - 257,718 38,680 54,721 109,842 25,893 229,136 Capital - 130,661 26,443 29,265 - 20,522 660,646 26,759 707,927 Sec 17.3b1 TOTAL EXPENDITURES Public Safety Sales Tax - 485,297 747,800 1,101,584 252,414 308,925 1,003,720 293,284 1,858,344 FUND BALANCE Public Safety Sales Tax - 775,505 1,135,097 1,201,201 1,141,632 1,197,935 520,977 774,967 774,967 Sec 17.3 SUPPLANTING COMPLIANCE GENERAL EXISTING FUNDING EXPENDITURES Salaries and Wages 5,705,561 5,812,415 5,032,803 5,049,338 1,417,515 1,456,238 1,247,893 1,581,317 5,702,962 Employee Benefits 3,168,948 3,166,205 2,882,258 2,846,343 679,806 733,377 864,416 920,261 3,197,860 Services & Supplies - - - NA NA NA NA NA NA Capital - - - - - TOTAL EXPENDITURES 8,874,509 8,978,620 7,915,061 7,895,681 2,097,321 2,189,615 2,112,309 2,501,578 8,900,823 Sec 14.1 Expenditures in the Current Fiscal Year 8,874,509 8,978,620 7,915,061 7,895,681 2,097,321 2,189,615 2,112,309 2,501,578 8,900,823 Sec 14.1 Expenditures in the Preceding Fiscal Year 9,221,365 8,874,509 8,978,620 7,915,061 1,763,887 1,733,380 2,336,337 2,062,077 7,895,681

Sec 17.3b3 Difference: Current Fiscal Year less Preceding Fiscal Year (346,856) 104,111 (1,063,559) (19,380) 333,434 456,235 (224,028) 439,502 1,005,142 ADDITIONAL REPORTING REQUIREMENTS Public Safety Sales Tax Positons Sec 17.3b2 Additional Deputy Sheriffs-Nye Sales Tax Act 0100 0 0 0 1 0 1 Sec 17.3b2 Existing Deputy Sheriffs-Nye Sales Tax Act 0 0 10 11 11 11 12 13 12 Additional Other Public Safety Personnel-Nye Sales Tax Act 000 0 0 0 0 0 0

Existing Other Public Safety Personnel-Nye Sales Tax Act 000 0 0 0 0 0 0

Subtotal: Additional and Existing Deputy Sheriffs and Other Public Safety Personnel - Nye Sales Tax Act 0 10 10 11 11 11 13 1313 NON Public Safety Sales Tax Positions Additional Deputy Sheriffs and Other Public Safety Personnel 085 0 0 0 1 1 2

Existing Deputy Sheriffs and Other Public Safety Personnel 78 78 78 82 82 82 82 83 82 Subtotal: Additional and Existing Deputy Sheriffs and Other Public Safety Personnel 78 86 83 82 82 82 83 84 84 Total: Additional and Existing Deputy Sheriffs and Other Public Safety Personnel 78 96 93 93 93 93 96 97 97

Nye County Sales and Use Tax Reporting ‐ Sheriff Dept Pahrump Q4‐2018 Report Page 5 of 13 Quarterly and Annual Reports Required Pursuant to Section 17.5 of the Nye County Sales and Use Tax Act of 2007 Reporting Entity: Sheriff - Round Mountain Effective Date for the Imposition of the 0.5% Sales Tax Rate: April 1, 2014 Report Due Date: August 15, 2014 August 15, 2015 August 15, 2016 August 15, 2017 November 15, 2017 February 15, 2018 May 15, 2018 August 15, 2018 August 15, 2018 FY 2014: FY 2015: FY 2016: FY 2017: FY 2018: July 1, 2013 - June July 1, 2014 - June July 1, 2015 - June July 1, 2016 - June 30, July 1, 2017 - September October 1, 2017 - January 1, 2018 - April 1, 2018 - June July 1, 2017 - June 30, Tax Act Reference Report Period: 30, 2014 30, 2015 30, 2016 2017 30, 2017 December 31, 2017 March 31, 2018 30, 2018 2018 PUBLIC SAFETY SALES TAX Audited Audited Audited Audited Unaudited Unaudited Unaudited Unaudited Unaudited Sec. 17.3a PROCEEDS Beginning Fund Balance - - 31,956 57,064 79,376 83,000 89,456 82,827 79,376 Sales Tax - 31,847 24,488 25,948 4,298 8,162 7,268 12,251 31,978 Interest Income - 109 620 166 168 (69) (105) (6) Operating Transfers In - - - - - Other - - - - - TOTAL PROCEEDS - 31,956 57,064 83,178 83,842 91,093 96,723 94,972 111,349 Sec 173.b3 EXPENDITURES Public Safety Sales Tax Salaries and Wages ------Employee Benefits ------Services & Supplies - - - - 842 1,191 1,104 1,931 5,068 Capital - - - 3,802 - 447 12,793 - 13,239 Sec 17.3b1 TOTAL EXPENDITURES Public Safety Sales Tax - - - 3,802 842 1,638 13,897 1,931 18,307 FUND BALANCE Public Safety Sales Tax - 31,956 57,064 79,376 83,000 89,456 82,827 93,041 93,041 Sec 17.3 SUPPLANTING COMPLIANCE GENERAL EXISTING FUNDING EXPENDITURES Salaries and Wages 269,755 320,377 357,348 404,018 76,582 88,649 87,534 99,916 352,680 Employee Benefits 156,202 197,819 231,186 224,653 37,650 45,854 57,325 60,441 201,270 Services & Supplies - - - NA NA NA NA NA NA Capital - - - - - TOTAL EXPENDITURES 425,957 518,196 588,534 628,671 114,232 134,503 144,858 160,357 553,950 Sec 14.1 Expenditures in the Current Fiscal Year 425,957 518,196 588,534 628,671 114,232 134,503 144,858 160,357 553,950 Sec 14.1 Expenditures in the Preceding Fiscal Year 500,326 425,957 518,196 588,534 144,373 137,982 173,438 172,878 628,671

Sec 17.3b3 Difference: Current Fiscal Year less Preceding Fiscal Year (74,369) 92,239 70,338 40,137 (30,141) (3,480) (28,579) (12,521) (74,721) ADDITIONAL REPORTING REQUIREMENTS Public Safety Sales Tax Positons Sec 17.3b2 Additional Deputy Sheriffs-Nye Sales Tax Act 000 0 0 0 0 0 0 Sec 17.3b2 Existing Deputy Sheriffs-Nye Sales Tax Act 000 0 0 0 0 0 0

Additional Other Public Safety Personnel-Nye Sales Tax Act 000 0 0 0 0 0 0

Existing Other Public Safety Personnel-Nye Sales Tax Act 000 0 0 0 0 0 0

Existing Deputy Sheriffs and Other Public Safety Personnel 444 6 4 4 4 4 4 Subtotal: Additional and Existing Deputy Sheriffs and Other Public Safety Personnel 4 4 5 6 4 4 4 4 4 Total: Additional and Existing Deputy Sheriffs and Other Public Safety Personnel 4 4 5 6 4 4 4 4 4

Nye County Sales and Use Tax Reporting ‐ Sheriff Dept Rd Mt Q4‐2018 Report Page 6 of 13 Quarterly and Annual Reports Required Pursuant to Section 17.5 of the Nye County Sales and Use Tax Act of 2007 Reporting Entity: Sheriff - Tonopah Effective Date for the Imposition of the 0.5% Sales Tax Rate: April 1, 2014 Report Due Date: August 15, 2014 August 15, 2015 August 15, 2016 August 15, 2017 November 15, 2017 February 15, 2018 May 15, 2018 August 15, 2018 August 15, 2018 FY 2014: FY 2015: FY 2016: FY 2017: FY 2018: July 1, 2013 - June July 1, 2014 - June July 1, 2015 - June July 1, 2016 - June 30, July 1, 2017 - September October 1, 2017 - January 1, 2018 - April 1, 2018 - June July 1, 2017 - June 30, Tax Act Reference Report Period: 30, 2014 30, 2015 30, 2016 2017 30, 2017 December 31, 2017 March 31, 2018 30, 2018 2018 PUBLIC SAFETY SALES TAX Audited Audited Audited Audited Unaudited Unaudited Unaudited Unaudited Unaudited Sec. 17.3a PROCEEDS Beginning Fund Balance - - 5,283 11,330 93,006 92,314 95,569 89,034 93,006 Sales Tax - 72,509 74,621 81,793 13,549 25,727 22,908 38,617 100,801 Interest Income - 178 566 (118) 4 (109) (530) (635) Operating Transfers In - 17,603 - - - Other - - - 1 - TOTAL PROCEEDS - 90,290 80,470 93,006 106,559 117,933 118,478 127,121 193,173 Sec 173.b3 EXPENDITURES Public Safety Sales Tax Salaries and Wages - 52,393 40,317 - 8,562 10,898 9,915 10,911 40,285 Employee Benefits - 32,614 28,823 - 2,969 6,189 5,816 6,193 21,168 Services & Supplies - - - - 2,713 3,838 - - 6,550 Capital - - - - - 1,439 13,713 - 15,152 Sec 17.3b1 TOTAL EXPENDITURES Public Safety Sales Tax - 85,007 69,140 - 14,244 22,364 29,444 17,104 83,156 FUND BALANCE Public Safety Sales Tax - 5,283 11,330 93,006 92,314 95,569 89,034 110,017 110,017 Sec 17.3 SUPPLANTING COMPLIANCE GENERAL EXISTING FUNDING EXPENDITURES Salaries and Wages 768,266 652,894 677,775 687,319 174,176 206,877 190,567 240,924 812,544 Employee Benefits 449,378 381,928 423,668 426,680 94,334 109,185 135,857 151,961 491,337 Services & Supplies - - - NA NA NA NA NA NA Capital - - - - - TOTAL EXPENDITURES 1,217,644 1,034,822 1,101,443 1,113,999 268,510 316,063 326,424 392,884 1,303,881 Sec 14.1 Expenditures in the Current Fiscal Year 1,217,644 1,034,822 1,101,443 1,113,999 268,510 316,063 326,424 392,884 1,303,881 Sec 14.1 Expenditures in the Preceding Fiscal Year 1,161,640 1,217,644 1,034,822 1,101,443 282,248 251,697 313,130 266,924 1,113,999

Sec 17.3b3 Difference: Current Fiscal Year less Preceding Fiscal Year 56,004 (182,822) 66,621 12,556 (13,738) 64,366 13,295 125,960 189,883 ADDITIONAL REPORTING REQUIREMENTS Public Safety Sales Tax Positons Sec 17.3b2 Additional Deputy Sheriffs-Nye Sales Tax Act 010 0 0 0 0 0 0 Sec 17.3b2 Existing Deputy Sheriffs-Nye Sales Tax Act 001 1 0 0 0 0 0

Additional Other Public Safety Personnel-Nye Sales Tax Act 000 0 1 0 0 0 1

Existing Other Public Safety Personnel-Nye Sales Tax Act 000 0 0 1 1 1 0

Subtotal: Additional and Existing Deputy Sheriffs and Other Public Safety Personnel - Nye Sales Tax Act 0 1 1 1 1 1 1 1 1 NON Public Safety Sales Tax Positions Additional Deputy Sheriffs and Other Public Safety Personnel 000 0 0 0 0 1 1

Existing Deputy Sheriffs and Other Public Safety Personnel 23 21 14 14 14 14 14 14 14 Subtotal: Additional and Existing Deputy Sheriffs and Other Public Safety Personnel 23 21 14 14 14 14 14 15 15 Total: Additional and Existing Deputy Sheriffs and Other Public Safety Personnel 23 22 15 15 15 15 15 16 16

Nye County Sales and Use Tax Reporting ‐ Sheriff Dept Tonopah Q4‐2018 Report Page 7 of 13 Quarterly and Annual Reports Required Pursuant to Section 17.5 of the Nye County Sales and Use Tax Act of 2007 Reporting Entity: Sheriff - County Effective Date for the Imposition of the 0.5% Sales Tax Rate: April 1, 2014 Report Due Date: August 15, 2014 August 15, 2015 August 15, 2016 August 15, 2017 November 15, 2017 February 15, 2018 May 15, 2018 August 15, 2018 August 15, 2018 FY 2014: FY 2015: FY 2016: FY 2017: FY 2018: July 1, 2013 - June July 1, 2014 - June July 1, 2015 - June July 1, 2016 - June 30, July 1, 2017 - September October 1, 2017 - January 1, 2018 - April 1, 2018 - June July 1, 2017 - June 30, Tax Act Reference Report Period: 30, 2014 30, 2015 30, 2016 2017 30, 2017 December 31, 2017 March 31, 2018 30, 2018 2018 PUBLIC SAFETY SALES TAX Audited Audited Audited Audited Unaudited Unaudited Unaudited Unaudited Unaudited Sec. 17.3a PROCEEDS Beginning Fund Balance - - 44,404 47,835 91,912 102,456 114,360 99,725 91,912 Sales Tax - 44,328 47,094 50,909 8,433 16,013 14,259 24,036 62,740 Interest Income - 76 1,051 1,961 3,794 (833) - (1,352) 1,609 Operating Transfers In - - - - - Other - - - - - TOTAL PROCEEDS - 44,404 92,549 100,705 104,139 117,635 128,619 122,408 156,261 Sec 173.b3 EXPENDITURES Public Safety Sales Tax Salaries and Wages - - 26,174 - - - - - Employee Benefits - - 18,540 - - - - - Services & Supplies - - - - 1,684 2,382 1,729 468 6,263 Capital - - - 8,793 - 893 27,165 14,081 42,139 Sec 17.3b1 TOTAL EXPENDITURES Public Safety Sales Tax - - 44,714 8,793 1,684 3,275 28,894 14,549 48,401 FUND BALANCE Public Safety Sales Tax - 44,404 47,835 91,912 102,456 114,360 99,725 107,860 107,860 Sec 17.3 SUPPLANTING COMPLIANCE GENERAL EXISTING FUNDING EXPENDITURES Salaries and Wages 152,985 157,245 127,670 216,867 36,491 41,053 35,910 44,130 157,586 Employee Benefits 78,970 81,458 67,754 116,174 17,954 19,763 23,381 24,662 85,760 Services & Supplies - - - NA NA NA NA NA NA Capital - - - - - TOTAL EXPENDITURES 231,956 238,703 195,424 333,041 54,445 60,817 59,291 68,792 243,345 Sec 14.1 Expenditures in the Current Fiscal Year 231,956 238,703 195,424 333,041 54,445 60,817 59,291 68,792 243,345 Sec 14.1 Expenditures in the Preceding Fiscal Year 271,889 231,956 238,703 195,424 70,953 71,339 93,463 97,286 333,041

Sec 17.3b3 Difference: Current Fiscal Year less Preceding Fiscal Year (39,933) 6,747 (43,279) 137,617 (16,507) (10,522) (34,172) (28,494) (89,696) ADDITIONAL REPORTING REQUIREMENTS Public Safety Sales Tax Positons Sec 17.3b2 Additional Deputy Sheriffs-Nye Sales Tax Act 000 0 0 0 0 0 0 Sec 17.3b2 Existing Deputy Sheriffs-Nye Sales Tax Act 000 0 0 0 0 0 0

Additional Other Public Safety Personnel-Nye Sales Tax Act 000 0 0 0 0 0 0

Existing Other Public Safety Personnel-Nye Sales Tax Act 000 0 0 0 0 0 0

Existing Deputy Sheriffs and Other Public Safety Personnel 34 27 24 24 22 22 22 22 22 Subtotal: Additional and Existing Deputy Sheriffs and Other Public Safety Personnel 34 27 24 24 22 22 22 22 22 Total: Additional and Existing Deputy Sheriffs and Other Public Safety Personnel 34 27 24 24 22 22 22 22 22

Nye County Sales and Use Tax Reporting ‐ Sheriff Dept County Q4‐2018 Report Page 8 of 13 Quarterly and Annual Reports Required Pursuant to Section 17.5 of the Nye County Sales and Use Tax Act of 2007 Reporting Entity: Fire - Beatty Effective Date for the Imposition of the 0.5% Sales Tax Rate: April 1, 2014 Report Due Date: August 15, 2014 August 15, 2015 August 15, 2016 August 15, 2017 November 15, 2017 February 15, 2018 May 15, 2018 August 15, 2018 August 15, 2018 FY 2014: FY 2015: FY 2016: FY 2017: FY 2018: July 1, 2013 - June July 1, 2014 - June July 1, 2015 - June July 1, 2016 - June 30, July 1, 2017 - September October 1, 2017 - January 1, 2018 - April 1, 2018 - June July 1, 2017 - June 30, Tax Act Reference Report Period: 30, 2014 30, 2015 30, 2016 2017 30, 2017 December 31, 2017 March 31, 2018 30, 2018 2018 PUBLIC SAFETY SALES TAX Audited Audited Audited Audited Unaudited Unaudited Unaudited Unaudited Unaudited Sec. 17.3a PROCEEDS Beginning Fund Balance - - 33,318 62,207 38,355 42,708 52,197 60,729 38,355 Sales Tax - 33,204 28,222 30,461 5,046 9,581 8,531 14,382 37,540 Interest Income - 114 667 81 219 (92) - (161) (34) Operating Transfers In - - - - - Other - - - - - TOTAL PROCEEDS - 33,318 62,207 92,749 43,620 52,197 60,729 74,949 75,861 Sec 173.b3 EXPENDITURES Public Safety Sales Tax Salaries and Wages ------Employee Benefits ------Services & Supplies ------Capital - - - 54,394 912 - - - 912 Sec 17.3b1 TOTAL EXPENDITURES Public Safety Sales Tax - - - 54,394 912 - - - 912 FUND BALANCE Public Safety Sales Tax - 33,318 62,207 38,355 42,708 52,197 60,729 74,949 74,949 Sec 17.3 SUPPLANTING COMPLIANCE GENERAL EXISTING FUNDING EXPENDITURES Salaries and Wages 56,845 65,271 73,397 75,340 20,887 22,642 21,600 26,092 91,221 Employee Benefits 39,069 43,371 43,987 42,856 9,206 10,703 14,395 12,763 47,067 Services & Supplies - - NA NA NA NA NA NA Capital 16,686 10,400 ------TOTAL EXPENDITURES 112,600 119,042 117,385 118,195 30,093 33,346 35,995 38,855 138,288 Sec 14.1 Expenditures in the Current Fiscal Year 112,600 119,042 117,385 118,195 30,093 33,346 35,995 38,855 138,288 Sec 14.1 Expenditures in the Preceding Fiscal Year 100,766 112,600 119,042 117,385 25,064 24,580 35,344 33,208 118,195

Sec 17.3b3 Difference: Current Fiscal Year less Preceding Fiscal Year 11,835 6,442 (1,657) 810 5,029 8,766 651 5,647 20,093 ADDITIONAL REPORTING REQUIREMENTS Public Safety Sales Tax Positons Sec 17.3b2 Additional Deputy Sheriffs-Nye Sales Tax Act 000 0 0 0 0 0 0 Sec 17.3b2 Existing Deputy Sheriffs-Nye Sales Tax Act 000 0 0 0 0 0 0

Additional Other Public Safety Personnel-Nye Sales Tax Act 000 0 0 0 0 0 0

Existing Other Public Safety Personnel-Nye Sales Tax Act 000 0 0 0 0 0 0

Nye County Sales and Use Tax Reporting ‐ Beatty Fire Q4‐2018 Report Page 9 of 13 Quarterly and Annual Reports Required Pursuant to Section 17.5 of the Nye County Sales and Use Tax Act of 2007 Reporting Entity: Fire - Gabbs (Volunteer) Effective Date for the Imposition of the 0.5% Sales Tax Rate: April 1, 2014 Report Due Date: August 15, 2014 August 15, 2015 August 15, 2016 August 15, 2017 November 15, 2017 February 15, 2018 May 15, 2018 August 15, 2018 August 15, 2018 FY 2014: FY 2015: FY 2016: FY 2017: FY 2018: July 1, 2013 - June July 1, 2014 - June July 1, 2015 - June July 1, 2016 - June 30, July 1, 2017 - September October 1, 2017 - January 1, 2018 - April 1, 2018 - June July 1, 2017 - June 30, Tax Act Reference Report Period: 30, 2014 30, 2015 30, 2016 2017 30, 2017 December 31, 2017 March 31, 2018 30, 2018 2018 PUBLIC SAFETY SALES TAX Audited Audited Audited Audited Unaudited Unaudited Unaudited Unaudited Unaudited Sec. 17.3a PROCEEDS Beginning Fund Balance - - 12,077 19,391 27,617 29,059 31,575 26,697 27,617 Sales Tax - 12,035 7,092 8,179 1,355 2,573 2,291 3,862 10,080 Interest Income - 42 222 47 87 (56) - (114) (84) Operating Transfers In - - - - - Other - - - - - TOTAL PROCEEDS - 12,077 19,391 27,617 29,059 31,575 33,866 30,445 37,613 Sec 173.b3 EXPENDITURES Public Safety Sales Tax Salaries and Wages ------Employee Benefits ------Services & Supplies ------7,169 3,240 10,409 Capital ------Sec 17.3b1 TOTAL EXPENDITURES Public Safety Sales Tax ------7,169 3,240 10,409 FUND BALANCE Public Safety Sales Tax - 12,077 19,391 27,617 29,059 31,575 26,697 27,205 27,205 Sec 17.3 SUPPLANTING COMPLIANCE GENERAL EXISTING FUNDING EXPENDITURES - Salaries and Wages - - - Employee Benefits - - - Services & Supplies NA NA NA NA NA NA Capital - - - TOTAL EXPENDITURES ------Sec 14.1 Expenditures in the Current Fiscal Year ------Sec 14.1 Expenditures in the Preceding Fiscal Year ------

Sec 17.3b3 Difference: Current Fiscal Year less Preceding Fiscal Year ------ADDITIONAL REPORTING REQUIREMENTS Public Safety Sales Tax Positons Sec 17.3b2 Additional Deputy Sheriffs-Nye Sales Tax Act 000 0 0 0 0 0 0 Sec 17.3b2 Existing Deputy Sheriffs-Nye Sales Tax Act 000 0 0 0 0 0 0

Additional Other Public Safety Personnel-Nye Sales Tax Act 000 0 0 0 0 0 0

Existing Other Public Safety Personnel-Nye Sales Tax Act 000 0 0 0 0 0 0

Nye County Sales and Use Tax Reporting ‐ Gabbs Fire Q4‐2018 Report Page 10 of 13 Quarterly and Annual Reports Required Pursuant to Section 17.5 of the Nye County Sales and Use Tax Act of 2007 Reporting Entity: Fire - Manhattan (Volunteer) Effective Date for the Imposition of the 0.5% Sales Tax Rate: April 1, 2014 Report Due Date: August 15, 2014 August 15, 2015 August 15, 2016 August 15, 2017 November 15, 2017 February 15, 2018 May 15, 2018 August 15, 2018 August 15, 2018 FY 2014: FY 2015: FY 2016: FY 2017: FY 2018: July 1, 2013 - June July 1, 2014 - June July 1, 2015 - June July 1, 2016 - June 30, July 1, 2017 - September October 1, 2017 - January 1, 2018 - April 1, 2018 - June July 1, 2017 - June 30, Tax Act Reference Report Period: 30, 2014 30, 2015 30, 2016 2017 30, 2017 December 31, 2017 March 31, 2018 30, 2018 2018 PUBLIC SAFETY SALES TAX Audited Audited Audited Audited Unaudited Unaudited Unaudited Unaudited Unaudited Sec. 17.3a PROCEEDS Beginning Fund Balance - - 3,535 7,458 11,426 12,128 13,346 14,452 11,426 Sales Tax - 3,523 3,850 3,948 654 1,242 1,106 1,864 4,866 Interest Income - 12 73 20 48 (24) - (43) (19) Operating Transfers In - - - - - Other - - - - - TOTAL PROCEEDS - 3,535 7,458 11,426 12,128 13,346 14,452 16,273 16,273 Sec 173.b3 EXPENDITURES Public Safety Sales Tax Salaries and Wages ------Employee Benefits ------Services & Supplies ------Capital ------Sec 17.3b1 TOTAL EXPENDITURES Public Safety Sales Tax ------FUND BALANCE Public Safety Sales Tax - 3,535 7,458 11,426 12,128 13,346 14,452 16,273 16,273 Sec 17.3 SUPPLANTING COMPLIANCE GENERAL EXISTING FUNDING EXPENDITURES - Salaries and Wages - - - Employee Benefits - - - Services & Supplies NA NA NA NA NA NA Capital - - - TOTAL EXPENDITURES ------Sec 14.1 Expenditures in the Current Fiscal Year ------Sec 14.1 Expenditures in the Preceding Fiscal Year ------

Additional Other Public Safety Personnel-Nye Sales Tax Act 000 0 0 0 0 0 0

Existing Other Public Safety Personnel-Nye Sales Tax Act 000 0 0 0 0 0 0

Nye County Sales and Use Tax Reporting ‐ Man Fire Q4‐2018 Report Page 11 of 13 Quarterly and Annual Reports Required Pursuant to Section 17.5 of the Nye County Sales and Use Tax Act of 2007 Reporting Entity: Fire - Pahrump Effective Date for the Imposition of the 0.5% Sales Tax Rate: April 1, 2014 Report Due Date: August 15, 2014 August 15, 2015 August 15, 2016 August 15, 2017 November 15, 2017 February 15, 2018 May 15, 2018 August 15, 2018 August 15, 2018 FY 2014: FY 2015: FY 2016: FY 2017: FY 2018: July 1, 2013 - June July 1, 2014 - June July 1, 2015 - June July 1, 2016 - June 30, July 1, 2017 - September October 1, 2017 - January 1, 2018 - April 1, 2018 - June July 1, 2017 - June 30, Tax Act Reference Report Period: 30, 2014 30, 2015 30, 2016 2017 30, 2017 December 31, 2017 March 31, 2018 30, 2018 2018 PUBLIC SAFETY SALES TAX Audited Audited Audited Audited Unaudited Unaudited Unaudited Unaudited Unaudited Sec. 17.3a PROCEEDS Beginning Fund Balance - - 1,073,492 2,185,324 2,915,078 2,987,471 3,218,141 3,435,811 2,915,078 Sales Tax - 1,257,643 1,089,101 1,166,671 193,258 366,965 326,762 550,825 1,437,811 Interest Income - 3,159 22,731 4,579 (413) (1,737) - (3,551) (5,701) Operating Transfers In ------Other ------TOTAL PROCEEDS - 1,260,802 2,185,324 3,356,574 3,107,924 3,352,699 3,544,903 3,983,085 4,347,188 Sec 173.b3 EXPENDITURES Public Safety Sales Tax Salaries and Wages - - 46,387 43,828 50,156 50,092 98,152 242,228 Employee Benefits - - 34,836 33,144 32,605 34,550 74,385 174,684 Services & Supplies - - - 29,950 - 7,894 10,923 18,817 Capital - 187,310 - 330,323 43,482 51,797 16,555 2,835 114,669 Sec 17.3b1 TOTAL EXPENDITURES Public Safety Sales Tax - 187,310 - 441,496 120,453 134,558 109,092 186,294 550,397 FUND BALANCE Public Safety Sales Tax - 1,073,492 2,185,324 2,915,078 2,987,471 3,218,141 3,435,811 3,796,791 3,796,791 Sec 17.3 SUPPLANTING COMPLIANCE GENERAL EXISTING FUNDING EXPENDITURES Salaries and Wages 932,627 878,734 875,386 793,033 197,303 243,238 174,934 210,290 825,765 Employee Benefits 470,316 492,039 464,253 447,150 94,098 131,929 131,995 172,104 530,125 Services & Supplies - - - NA NA NA NA NA NA Capital 297,594 70,065 - 531,656 93,790 84,156 50,357 401,254 629,558 TOTAL EXPENDITURES 1,700,537 1,440,838 1,339,638 1,771,839 385,191 459,322 357,287 783,649 1,985,448 Sec 14.1 Expenditures in the Current Fiscal Year 1,700,537 1,440,838 1,339,638 1,771,839 385,191 459,322 357,287 783,649 1,985,448 Sec 14.1 Expenditures in the Preceding Fiscal Year 1,359,271 1,700,537 1,440,838 1,339,638 256,180 377,237 661,228 477,194 1,771,839

Sec 17.3b3 Difference: Current Fiscal Year less Preceding Fiscal Year 341,266 (259,698) (101,200) 432,201 129,010 82,086 (303,942) 306,455 213,609 ADDITIONAL REPORTING REQUIREMENTS Public Safety Sales Tax Positons Sec 17.3b2 Additional Deputy Sheriffs-Nye Sales Tax Act 000 0 0 0 0 0 0 Sec 17.3b2 Existing Deputy Sheriffs-Nye Sales Tax Act 000 0 0 0 0 0 0

Additional Other Public Safety Personnel-Nye Sales Tax Act 000 2 1 0 0 3 3

Existing Other Public Safety Personnel-Nye Sales Tax Act 000 0 2 3 3 3 3

Subtotal: Additional and Existing Deputy Sheriffs and Other Public Safety Personnel - Nye Sales Tax Act 0 0 0 2 3 3 3 6 6 NON Public Safety Sales Tax Positions Additional Deputy Sheriffs and Other Public Safety Personnel 000 0 0 0 2 1 3

Existing Deputy Sheriffs and Other Public Safety Personnel 11 11 10 10 10 10 10 12 10 Subtotal: Additional and Existing Deputy Sheriffs and Other Public Safety Personnel 11 11 10 10 10 10 12 13 13 Total: Additional and Existing Deputy Sheriffs and Other Public Safety Personnel 11 11 10 12 13 13 15 19 19

Nye County Sales and Use Tax Reporting ‐ Pahrump Fire Q4‐2018 Report Page 12 of 13 Quarterly and Annual Reports Required Pursuant to Section 17.5 of the Nye County Sales and Use Tax Act of 2007 Reporting Entity: Fire - County (Volunteer) Effective Date for the Imposition of the 0.5% Sales Tax Rate: April 1, 2014 Report Due Date: August 15, 2014 August 15, 2015 August 15, 2016 August 15, 2017 November 15, 2017 February 15, 2018 May 15, 2018 August 15, 2018 August 15, 2018 FY 2014: FY 2015: FY 2016: FY 2017: FY 2018: July 1, 2013 - June July 1, 2014 - June July 1, 2015 - June July 1, 2016 - June 30, July 1, 2017 - September October 1, 2017 - January 1, 2018 - April 1, 2018 - June July 1, 2017 - June 30, Tax Act Reference Report Period: 30, 2014 30, 2015 30, 2016 2017 30, 2017 December 31, 2017 March 31, 2018 30, 2018 2018 PUBLIC SAFETY SALES TAX Audited Audited Audited Audited Unaudited Unaudited Unaudited Unaudited Unaudited Sec. 17.3a PROCEEDS Beginning Fund Balance - - 44,404 92,452 143,589 152,449 168,178 182,437 143,589 Sales Tax - 43,328 47,094 50,909 8,433 16,013 14,259 24,036 62,740 Interest Income - 76 954 228 427 (283) - (542) (399) Operating Transfers In - - - - - Other - - - - - TOTAL PROCEEDS - 43,404 92,452 143,589 152,449 168,178 182,437 205,930 205,930 Sec 173.b3 EXPENDITURES Public Safety Sales Tax Salaries and Wages ------Employee Benefits ------Services & Supplies ------Capital ------Sec 17.3b1 TOTAL EXPENDITURES Public Safety Sales Tax ------FUND BALANCE Public Safety Sales Tax - 43,404 92,452 143,589 152,449 168,178 182,437 205,930 205,930 Sec 17.3 SUPPLANTING COMPLIANCE GENERAL EXISTING FUNDING EXPENDITURES Salaries and Wages - - Employee Benefits - - Services & Supplies NA NA NA NA NA NA NA NA Capital - - TOTAL EXPENDITURES ------Sec 14.1 Expenditures in the Current Fiscal Year ------Sec 14.1 Expenditures in the Preceding Fiscal Year ------

Additional Other Public Safety Personnel-Nye Sales Tax Act 000 0 0 0 0 0 0

Existing Other Public Safety Personnel-Nye Sales Tax Act 000 0 0 0 0 0 0

Nye County Sales and Use Tax Reporting ‐ NC Fire County Q4‐2018 Report Page 13 of 13