Nevada Contractor Licensing Law

Nevada Code · 669 sections

The following is the full text of Nevada’s contractor licensing law statutes as published in the Nevada Code. For the official version, see the Nevada Legislature.

NRS 1.450

NRS

1.450

Assistants; witnesses; expenses.

The Commission may:

Within the amount of money appropriated by the Legislature for this purpose, employ and compensate as an employee or contract with as an independent contractor:

(a) One or more persons to prepare the budget and manage the fiscal affairs of the Commission and perform other duties relating to the administration of the affairs of the Commission as the Commission directs; and

(b) Attorneys, accountants, investigators, reporters, physicians, technical experts and other necessary persons.

Provide for the attendance and compensation of witnesses.
Pay from available funds all necessary expenses incurred by the Commission.

(Added to NRS by 1977, 637 ; A 1981, 378 ; 1995, 800 )

NRS 1.465

NRS

1.465

Immunity.

The following persons are absolutely immune from suit for all conduct at any time in the course of their official duties:

(a) Any member who serves on the Commission;

(b) Any person employed by the Commission;

(d) Any person who performs services pursuant to NRS 1.450 or 1.460 for the Commission.

Except as otherwise provided in NRS 1.4683 , the following persons are absolutely immune from suit unless convicted of committing perjury before the Commission pursuant to NRS 199.120 to 199.200 , inclusive:

(a) A person who files a complaint with the Commission pursuant to NRS 1.4655 ;

(b) A person who gives testimony at a hearing held by the Commission pursuant to NRS 1.4654 , 1.4673 or 1.4675 ; and

(Added to NRS by 1995, 800 ; A 1997, 1094 ; 2009, 1338 ; 2017, 339 )

Proceedings Concerning Disciplinary Action, Forfeiture of Office or Removal From Office

NRS 1.4683

NRS

1.4683

Confidentiality of existence of proceeding and information and materials related to proceeding; issuance of explanatory statements when name of judge subject of complaint is made public; exceptions to confidentiality.

Except as otherwise provided in this section and NRS 1.4675 and 239.0115 , the existence of a proceeding of the Commission must remain confidential until the Commission makes a determination pursuant to NRS 1.467 and the special counsel files a formal statement of charges.
Except as otherwise provided in this section, before the filing of a formal statement of charges, a present or former member of the Commission, a present or former member of the staff of the Commission or a present or former independent contractor retained by the Commission shall not disclose information contained in a complaint or any other information relating to the allegations of misconduct or incapacity. Such persons:

(a) May disclose such information to persons directly involved in the matter to the extent necessary for a proper investigation and disposition of the complaint; and

(b) Shall conduct themselves in a manner that maintains the confidentiality of the disciplinary proceeding.

Nothing in this section prohibits a person who files a complaint with the Commission pursuant to NRS 1.4655 , a judge against whom such a complaint is made or a witness from disclosing at any time the existence or substance of a complaint, investigation or proceeding. The immunity provided by

NRS 1.465 does not apply to such a disclosure.

The confidentiality required pursuant to subsection 1 also applies to all information and materials, written or oral, received or developed by the Commission, its staff or any independent contractors retained by the Commission in the course of its work and relating to the alleged misconduct or incapacity of a judge.
The Commission shall disclose all testimony given and all materials filed in connection with a proceeding before the Commission if a witness is prosecuted for perjury committed during the course of that proceeding.
Notwithstanding the provisions of this section to the contrary, at any stage in a disciplinary proceeding, if the judge, a third person or the person who filed a complaint with the Commission pursuant to NRS 1.4655 has made the name of the judge against whom such a complaint is made public, the Commission may, at the request of the judge or on its own accord, issue an explanatory statement to maintain confidence in the judicial system and the Commission. In such a statement, the Commission may:

(a) Confirm or deny that a complaint has been filed;

(b) Confirm or deny that the Commission is conducting an investigation;

(d) Confirm that the Commission has entered into a deferred discipline agreement with the judge.

In addition to the information authorized pursuant to subsection 6, a statement issued by the Commission pursuant to subsection 6 may correct any public misinformation concerning the disciplinary proceeding, clarify the procedures of the Commission relating to the disciplinary proceeding and explain that the judge has a right to a fair investigation and, if applicable, a fair hearing without prejudgment. The Commission shall submit such a statement to the judge concerned for comments before the Commission releases the statement. The Commission is not required to incorporate any comments made by the judge in the statement and may release the statement as originally drafted.
The Commission may, without disclosing the name of or any details that may identify the judge involved, disclose the existence of a proceeding before it to the State Board of Examiners and the Interim Finance Committee to obtain additional money for its operation from the Contingency Account established pursuant to NRS 353.266 .
No record of any medical examination, psychiatric evaluation or other comparable professional record made for use in an informal resolution pursuant to subsection 4 of NRS 1.4665 may be made public at any time without the consent of the judge concerned.
Notwithstanding the provisions of this section to the contrary, at any stage in a disciplinary proceeding, the Commission may release confidential information:

(a) To the appropriate law enforcement or prosecuting authorities if the Commission determines that it has reliable information which reveals possible criminal conduct by a judge or any other person;

(b) Upon request to the Board of Governors of the State Bar of Nevada or other appropriate disciplinary authorities of the State Bar of Nevada if the Commission determines that it has reliable information that reveals a possible violation of the Nevada Rules of Professional Conduct by a judge or any other attorney; or

(c) Pursuant to an order issued by a court of record of competent jurisdiction in this State or a federal court of record of competent jurisdiction.

Notwithstanding the provisions of this section to the contrary, at any stage in a disciplinary proceeding, if a judge signs a waiver, the Commission may release confidential information concerning any complaints filed with the Commission pursuant to NRS 1.4655 that are pending or are closed and did not result in a dismissal to:

(a) An agency authorized to investigate the qualifications of persons for admission to practice law;

(b) An appointing or nominating authority or a state or federal agency lawfully conducting investigations relating to the selection or appointment of judges; or

If the Commission discloses information concerning a pending complaint to an agency or authority pursuant to subsection 11, the Commission shall subsequently disclose the disposition of the complaint to the agency or authority. The Commission shall send a copy of all information disclosed pursuant to subsection 11 to the judge concerned at the same time the Commission sends the information to the agency or authority.

(Added to NRS by 1997, 1092 ; A 2007, 2066 ; 2009, 1348 ; 2015, 951 )

NRS 1.4687

NRS

1.4687

Public access to formal statement of charges and certain other records; open hearings; private deliberative sessions; certain records privileged.

Except as otherwise provided in subsection 2:

(a) Upon the filing of a formal statement of charges with the Commission by the special counsel, the statement and other documents later formally filed with the Commission must be made accessible to the public, and hearings must be open.

(b) If a formal statement of charges has not been filed with the Commission and the Commission holds a hearing to suspend a judge pursuant to NRS 1.4675 , any transcript of the hearing and any documents offered as evidence at the hearing must be made accessible to the public.

(c) If the Commission holds a hearing to order a justice of the peace or municipal judge to forfeit his or her office pursuant to NRS 1.4654 , any transcript of the hearing and any documents offered as evidence at the hearing must be made accessible to the public.

Regardless of whether any formal statement of charges has been filed with the Commission, medical records and any other documents or exhibits offered as evidence which are privileged pursuant to chapter 49 of NRS must not be made accessible to the public.
The Commissions deliberative sessions must remain private and any minutes of such sessions must remain confidential.
The filing of a formal statement of charges does not justify the Commission, its counsel, staff or independent contractors retained by the Commission in making public any correspondence, notes, work papers, interview reports or other evidentiary matter, except at the formal hearing or with explicit consent of the judge named in the complaint.

(Added to NRS by 1997, 1093 ; A 2009, 1350 ; 2015, 953 ; 2017, 340 )

NRS 104.2107

NRS

104.2107

Goods to be severed from realty: Recording.

A contract for the sale of minerals or the like (including oil and gas) or a structure or its materials to be removed from realty is a contract for the sale of goods within this article if they are to be severed by the seller but until severance a purported present sale thereof which is not effective as a transfer of an interest in land is effective only as a contract to sell.
A contract for the sale apart from the land of growing crops or other things attached to realty and capable of severance without material harm thereto but not described in subsection 1 or of timber to be cut is a contract for the sale of goods within this article whether the subject matter is to be severed by the buyer or by the seller even though it forms part of the realty at the time of contracting, and the parties can by identification effect a present sale before severance.
The provisions of this section are subject to any third party rights provided by the law relating to realty records, and the contract for sale may be executed and recorded as a document transferring an interest in land and shall then constitute notice to third parties of the buyers rights under the contract for sale.

(Added to NRS by 1965, 786 ; A 1973, 933 )

Part 2

Form, Formation and Readjustment of Contract

NRS 104.2308

NRS

104.2308

Absence of specified place for delivery.

Unless otherwise agreed:

The place for delivery of goods is the sellers place of business or if the seller has none, his or her residence;
In a contract for sale of identified goods which to the knowledge of the parties at the time of contracting are in some other place, that place is the place for their delivery; and
Documents of title may be delivered through customary banking channels.

(Added to NRS by 1965, 791 )

NRS 104.2312

NRS

104.2312

Warranty of title and against infringement; buyers obligation against infringement.

Subject to subsection 2 there is in a contract for sale a warranty by the seller that:

(a) The title conveyed shall be good, and its transfer rightful; and

(b) The goods shall be delivered free from any security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge.

A warranty under subsection 1 will be excluded or modified only by specific language or by circumstances which give the buyer reason to know that the person selling does not claim title in himself or herself or that he or she is purporting to sell only such right or title as he or she or a third person may have.
Unless otherwise agreed a seller who is a merchant regularly dealing in goods of the kind warrants that the goods shall be delivered free of the rightful claim of any third person by way of infringement or the like but a buyer who furnishes specifications to the seller must hold the seller harmless against any such claim which arises out of compliance with the specifications.

(Added to NRS by 1965, 792 )

NRS 104.2315

NRS

104.2315

Implied warranty: Fitness for particular purpose.

Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the sellers skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.

(Added to NRS by 1965, 793 )

NRS 104.2401

NRS

104.2401

Passing of title; reservation for security; limited application of this section.

Each provision of this Article with regard to the rights, obligations and remedies of the seller, the buyer, purchasers or other third parties applies irrespective of title to the goods except where the provision refers to such title. Insofar as situations are not covered by the other provisions of this Article and matters concerning title become material the following rules apply:

Title to goods cannot pass under a contract for sale prior to their identification to the contract ( NRS 104.2501 ), and unless otherwise explicitly agreed the buyer acquires by their identification a special property as limited by this chapter. Any retention or reservation by the seller of the title (property) in goods shipped or delivered to the buyer is limited in effect to a reservation of a security interest. Subject to these provisions and to the provisions of the Article on secured transactions (Article 9), title to goods passes from the seller to the buyer in any manner and on any conditions explicitly agreed on by the parties.
Unless otherwise explicitly agreed title passes to the buyer at the time and place at which the seller completes his or her performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a document of title is to be delivered at a different time or place; and in particular and despite any reservation of a security interest by the bill of lading:

(a) If the contract requires or authorizes the seller to send the goods to the buyer but does not require the seller to deliver them at destination, title passes to the buyer at the time and place of shipment; but

(b) If the contract requires delivery at destination, title passes on tender there.

Unless otherwise explicitly agreed where delivery is to be made without moving the goods:

(a) If the seller is to deliver a tangible document of title, title passes at the time when and the place where the seller delivers such documents and if the seller is to deliver an electronic document of title, title passes when the seller delivers the document; or

(b) If the goods are at the time of contracting already identified and no documents of title are to be delivered, title passes at the time and place of contracting.

A rejection or other refusal by the buyer to receive or retain the goods, whether or not justified, or a justified revocation of acceptance revests title to the goods in the seller. Such revesting occurs by operation of law and is not a sale.

(Added to NRS by 1965, 798 ; A 2005, 850 )

NRS 104.2501

NRS

104.2501

Insurable interest in goods; manner of identification of goods.

The buyer obtains a special property and an insurable interest in goods by identification of existing goods as goods to which the contract refers even though the goods so identified are nonconforming and the buyer has an option to return or reject them. Such identification can be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement identification occurs:

(a) When the contract is made if it is for the sale of goods already existing and identified.

(b) If the contract is for the sale of future goods other than those described in paragraph (c), when goods are shipped, marked or otherwise designated by the seller as goods to which the contract refers.

(c) When the crops are planted or otherwise become growing crops or the young are conceived if the contract is for the sale of unborn young to be born within 12 months after contracting or for the sale of crops to be harvested within 12 months or the next normal harvest season after contracting, whichever is longer.

The seller retains an insurable interest in goods so long as title to or any security interest in the goods remains in the seller and where the identification is by the seller alone the seller may until default or insolvency or notification to the buyer that the identification is final substitute other goods for those identified.
Nothing in this section impairs any insurable interest recognized under any other statute or rule of law.

(Added to NRS by 1965, 800 )

NRS 104.2715

NRS

104.2715

Buyers incidental and consequential damages.

Incidental damages resulting from the sellers breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach.
Consequential damages resulting from the sellers breach include:

(a) Any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and

(b) Injury to person or property proximately resulting from any breach of warranty.

(Added to NRS by 1965, 814 )

NRS 104.3405

NRS

104.3405

Employers responsibility for fraudulent endorsement by employee.

In this section:

(a) Employee includes an independent contractor and employee of an independent contractor retained by the employer.

(b) Fraudulent endorsement means:

(1) In the case of an instrument payable to

the employer, a forged endorsement purporting to be that of the employer; or

(2) In the case of an instrument with respect to which the employer is the issuer, a forged endorsement purporting to be that of the person identified as payee.

(1) To sign or endorse instruments on behalf of the employer;

(2) To act upon instruments received by the employer for bookkeeping purposes, for deposit to an account, or for other disposition;

(3) To prepare or act upon instruments for issue in the name of the employer;

(4) To supply information determining the names or addresses of payees of instruments to be issued in the name of the employer;

(5) To control the disposition of instruments to be issued in the name of the employer; or

(6) To act otherwise with respect to instruments in a responsible capacity.

Responsibility does not include authority that merely allows an employee to have access to instruments or blank or incomplete instrument forms that are being stored or transported or are part of incoming or outgoing mail, or similar access.

For the purpose of determining the rights and liabilities of a person who, in good faith, pays an instrument or takes it for value or for collection, if an employer entrusted an employee with responsibility with respect to the instrument and the employee or a person acting in concert with the employee makes a fraudulent endorsement of the instrument, the endorsement is effective as the endorsement of the person to whom the instrument is payable if it is made in the name of that person. If the person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss resulting from the fraud, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss.
Under subsection 2, an endorsement is made in the name of the person to whom an instrument is payable if:

(a) It is made in a name substantially similar to the name of that person; or

(b) The instrument, whether or not endorsed, is deposited in a depositary bank to an account in a name substantially similar to the name of that person.

(Added to NRS by 1965, 827 ; A 1993, 1277 )

NRS 108.22104

NRS

108.22104

Agent of the owner defined.

Agent of the owner means every architect, builder, contractor, engineer, geologist, land surveyor, lessee, miner, subcontractor or other person having charge or control of the property, improvement or work of improvement of the owner, or any part thereof.

(Added to NRS by 2003, 2587 )

NRS 108.2214

NRS

108.2214

Lien claimant defined.

Lien claimant means any person who provides work, material or equipment with a value of $500 or more to be used in or for the construction, alteration or repair of any improvement, property or work of improvement. The term includes, without limitation, every artisan, builder, potential claimant under NRS 608.150 , contractor, laborer, lessor or renter of equipment, materialman, miner, subcontractor or other person who provides work, material or equipment, and any person who performs services as an architect, engineer, land surveyor or geologist, in relation to the improvement, property or work of improvement.

(Added to NRS by 2003, 2588 ; A 2007, 660 ; 2015, 1932 ; 2017, 1210 )

NRS 108.22164

NRS

108.22164

Prime contractor defined.

Prime contractor means:

A person who contracts with an owner or a lessee of property to provide work, materials or equipment to be used for the improvement of the property or in the construction, alteration or repair of a work of improvement; or
A person who is an owner of the property, is licensed as a general contractor pursuant to chapter 624 of NRS and provides work, materials or equipment to be used for the improvement of the property or in the construction, alteration or repair of a work of improvement.

(Added to NRS by 2003, 2589 ; A 2005, 1898 )

NRS 108.222

NRS

108.222

Lien on property, improvements and construction disbursement account; amount of lien; lien not available to unlicensed contractor or professional who must be licensed to perform work.

Except as otherwise provided in subsection 2, a lien claimant has a lien upon the property, any improvements for which the work, materials and equipment were furnished or to be furnished, and any construction disbursement account established pursuant to NRS 108.2403 , for:

(a) If the parties agreed, by contract or otherwise, upon a specific price or method for determining a specific price for some or all of the work, material and equipment furnished or to be furnished by or through the lien claimant, the unpaid balance of the price agreed upon for such work, material or equipment, as the case may be, whether performed, furnished or to be performed or furnished at the instance of the owner or the owners agent; and

(b) If the parties did not agree, by contract or otherwise, upon a specific price or method for determining a specific price for some or all of the work, material and equipment furnished or to be furnished by or through the lien claimant, including, without limitation, any additional or changed work, material or equipment, an amount equal to the fair market value of such work, material or equipment, as the case may be, including a reasonable allowance for overhead and a profit, whether performed, furnished or to be performed or furnished at the instance of the owner or at the instance of the owners agent.

If a contractor or professional is required to be licensed pursuant to the provisions of NRS to perform the work, the contractor or professional will only have a lien pursuant to subsection 1 if the contractor or professional is licensed to perform the work.

(Added to NRS by 1965, 1159 ; A 1987, 98 ; 1993, 2055 ; 1997, 2691 ; 2003, 2595 ; 2005, 1898 )

NRS 108.226

NRS

108.226

Perfection of lien: Time for recording notice of lien; contents of notice of lien; verification; penalty for certain false statements; form for notice of lien; notice of intent to lien required under certain circumstances.

To perfect a lien, a lien claimant must record a notice of lien in the office of the county recorder of the county where the property or some part thereof is located in the form provided in subsection 5:

(a) Within 90 days after the date on which the latest of the following occurs:

(1) The completion of the work of improvement;

(2) The last delivery of material or furnishing of equipment by the lien claimant for the work of improvement; or

(3) The last performance of work by the lien claimant for the work of improvement; or

(b) Within 40 days after the recording of a valid notice of completion, if the notice of completion is recorded and served in the manner required pursuant to NRS 108.228 .

The notice of lien must contain:

(a) A statement of the lienable amount after deducting all just credits and offsets.

(b) The name of the owner if known.

(c) The name of the person by whom the lien claimant was employed or to whom the lien claimant furnished the material or equipment.

(d) A brief statement of the terms of payment of the contract.

(e) A description of the property to be charged with the notice of lien sufficient for identification.

The notice of lien must be verified by the oath of the lien claimant or some other person. The notice of lien need not be acknowledged to be recorded.
It is unlawful for a person knowingly to make a false statement in or relating to the recording of a notice of lien pursuant to the provisions of this section. A person who violates this subsection is guilty of a gross misdemeanor and shall be punished by a fine of not less than $5,000 nor more than $10,000.
A notice of lien must be substantially in the following form:

Assessors Parcel Numbers

NOTICE OF LIEN

The undersigned claims a lien upon the property described in this notice for work, materials or equipment furnished or to be furnished for the improvement of the property:

The amount of the original contract is: $...........................................................
The total amount of all additional or changed work, materials and equipment, if any, is: $
The total amount of all payments received to date is: $..................................
The amount of the lien, after deducting all just credits and offsets, is: $....
The name of the owner, if known, of the property is: ....................................
The name of the person by whom the lien claimant was employed or to whom the lien claimant furnished or agreed to furnish work, materials or equipment is: ..................................................................
A brief statement of the terms of payment of the lien claimants contract is:

..........................................................................................................................................

A description of the property to be charged with the lien is: ........................

.............................................................

(Print Name of Lien Claimant)

By:.......................................................

(Authorized Signature)

State of Nevada )

) ss.

County of ................................... )

.................................. (print name), being first duly sworn on oath according to law, deposes and says:

I have read the foregoing Notice of Lien, know the contents thereof and state that the same is true of my own personal knowledge, except those matters stated upon information and belief, and, as to those matters, I believe them to be true.

...............................................................................

(Authorized Signature of Lien Claimant)

Subscribed and sworn to before me

this ...... day of the month of ............... of the year .......

..................................................................

Notary Public in and for

the County and State

Except as otherwise provided in subsection 7, if a work of improvement involves the construction, alteration or repair of multifamily or single-family residences, including, without limitation, apartment houses, a lien claimant, except laborers, must serve a 15-day notice of intent to lien incorporating substantially the same information required in a notice of lien upon both the owner and the reputed prime contractor before recording a notice of lien. Service of the notice of intent to lien must be by personal delivery or certified mail and will extend the time for recording the notice of lien described in subsection 1 by 15 days. A notice of lien for materials or equipment furnished or to be furnished for work or services performed or to be performed, except labor, for a work of improvement involving the construction, alteration or repair of multifamily or single-family residences may not be perfected or enforced pursuant to NRS 108.221 to 108.246 , inclusive, unless the 15-day notice of intent to lien has been given to the owner.
The provisions of subsection 6 do not apply to the construction of any nonresidential construction project.

(Added to NRS by 1965, 1160 ; A 1971, 367 ; 1995, 1507 ; 1997, 2692 ; 2003, 2597 ; 2005, 1898 )

NRS 108.227

NRS

108.227

Service of copy of notice of lien.

In addition to the requirements of NRS 108.226 , a copy of the notice of lien must be served upon the owner of the property within 30 days after recording the notice of lien, in one of the following ways:

(a) By personally delivering a copy of the notice of lien to the owner or registered agent of the owner;

(b) By mailing a copy of the notice of lien by certified mail, return receipt requested, to the owner at the owners place of residence or the owners usual place of business or to the registered agent of the owner at the address of the registered agent; or

(c) If the place of residence or business of the owner and the address of the registered agent of the owner, if applicable, cannot be determined, by:

(1) Fixing a copy of the notice of lien in a conspicuous place on the property;

(2) Delivering a copy of the notice of lien to a person there residing, if such a person can be found; and

(3) Mailing a copy of the notice of lien

addressed to the owner at:

(I) The place where the property is located;

(II) The address of the owner as identified in the deed;

(III) The address identified in the records of the office of the county assessor; or

(IV) The address identified in the records of the county recorder of the county in which the property is located.

If there is more than one owner, failure to serve a copy of the notice of lien upon a particular owner does not invalidate a notice of lien if properly served upon another owner.
Each subcontractor who participates in the construction, improvement, alteration or repair of a work of improvement shall deliver a copy of each notice of lien required by NRS 108.226 to the prime contractor. The failure of a subcontractor to deliver the notice to the prime contractor is a ground for disciplinary proceedings pursuant to chapter 624 of NRS.

(Added to NRS by 1965, 1161 ; A 1969, 1099 ; 1987, 99 ; 2003, 2599 ; 2007, 2716 )

NRS 108.228

NRS

108.228

Notice of completion: Recording; contents; verification; delivery of copy to each prime contractor and potential lien claimant; effect of failure to deliver copy to prime contractor or lien claimant.

The owner may record a notice of completion after the completion of the work of improvement.
The notice of completion must be recorded in the office of the county recorder of the county where the property is located and must set forth:

(a) The date of completion of the work of improvement.

(b) The owners name or owners names, as the case may be, the address of the owner or addresses of the owners, as the case may be, and the nature of the title, if any, of the person signing the notice.

(d) The name of the prime contractor or names of the prime contractors, if any.

The notice must be verified by the owner or by some other person on the owners behalf. The notice need not be acknowledged to be recorded.
Upon recording the notice pursuant to this section, the owner shall, within 10 days after the notice is recorded, deliver a copy of the notice by certified mail, to:

(a) Each prime contractor with whom the owner contracted for all or part of the work of improvement.

(b) Each potential lien claimant who, before the notice was recorded pursuant to this section, either submitted a request to the owner to receive the notice or delivered a preliminary notice of right to lien pursuant to NRS 108.245 .

The failure of the owner to deliver a copy of the notice of completion in the time and manner provided in this section renders the notice of completion ineffective with respect to each prime contractor and lien claimant to whom a copy was required to be delivered pursuant to subsection 4.

(Added to NRS by 1965, 1161 ; A 1989, 900 ; 1993, 853 ; 1995, 1508 ; 2003, 2601 )

NRS 108.234

NRS

108.234

Recording of notice of nonresponsibility by disinterested owner; contents and validity of notice of nonresponsibility; service of notice of nonresponsibility upon lessee and prime contractor; prime contractors obligations upon receipt of notice of nonresponsibility; effect of owners failure to comply with provisions of this section.

Except as otherwise provided in subsection 2, every improvement constructed, altered or repaired upon property shall be deemed to have been constructed, altered or repaired at the instance of each owner having or claiming any interest therein, and the interest owned or claimed must be subject to each notice of lien recorded in accordance with the provisions of NRS 108.221 to 108.246 , inclusive.
The interest of a disinterested owner in any improvement and the property upon which an improvement is constructed, altered or repaired is not subject to a notice of lien if the disinterested owner, within 3 days after he or she first obtains knowledge of the construction, alteration or repair, or the intended construction, alteration or repair, gives notice that he or she will not be responsible for the improvement by recording a notice in writing to that effect with the county recorder of the county where the property is located and, in the instance of a disinterested owner who is:

(a) A lessor, the notice of nonresponsibility shall be deemed timely recorded if the notice is recorded within 3 days immediately following the effective date of the lease or by the time of the execution of the lease by all parties, whichever occurs first; or

(b) An optionor, the notice of nonresponsibility shall be deemed timely recorded if the notice is recorded within 3 days immediately following the date on which the option is exercised in writing.

To be effective and valid, each notice of nonresponsibility recorded pursuant to this section must identify:

(a) The names and addresses of the disinterested owner and the person who is causing the work of improvement to be constructed, altered or repaired;

(b) The location of the improvement and the address and legal description of the property upon which the improvement is or will be constructed, altered or repaired;

(c) The nature and extent of the disinterested owners interest in the improvement and the property upon which the improvement is or will be constructed, altered or repaired;

(d) The date on which the disinterested owner first learned of the construction, alteration or repair of the improvement that is the subject of the notice of nonresponsibility; and

(e) Whether the disinterested owner has notified the lessee in writing that the lessee must comply with the requirements of NRS 108.2403 .

To be effective and valid, each notice of nonresponsibility that is recorded by a lessor pursuant to this section must be served by personal delivery or by certified mail, return receipt requested:

(a) Upon the lessee within 10 days after the date on which the notice of nonresponsibility is recorded pursuant to subsection 2; and

(b) Upon the prime contractor for the work of improvement within 10 days after the date on which the lessee contracts with the prime contractor for the construction, alteration or repair of the work of improvement.

If the prime contractor for the work of improvement receives a notice of nonresponsibility pursuant to paragraph (b) of subsection 4, the prime contractor shall:

(a) Post a copy of the notice of nonresponsibility in an open and conspicuous place on the property within 3 days after receipt of the notice of nonresponsibility; and

(b) Serve a copy of the notice of nonresponsibility by personal delivery, facsimile or by certified mail, return receipt requested, upon each lien claimant from whom a notice of right to lien was received, within 10 days after receipt of the notice of nonresponsibility or a notice of right to lien, whichever occurs later.

An owner who does not comply with the provisions of this section may not assert any claim that the owners interest in any improvement and the property upon which an improvement is constructed, altered or repaired is not subject to or is immune from the attachment of a lien pursuant to NRS 108.221 to 108.246 , inclusive.
As used in this section, disinterested owner means an owner who:

(a) Does not record a notice of waiver as provided in NRS 108.2405 ; and

(b) Does not personally or through an agent or representative, directly or indirectly, contract for or cause a work of improvement, or any portion thereof, to be constructed, altered or repaired upon the property or an improvement of the owner.

Ê The term does not include an owner who is a lessor if the lessee fails to satisfy the requirements set forth in NRS 108.2403

and 108.2407 .

(Added to NRS by 1965, 1163 ; A 2001, 1752 ; 2003, 2605 ; 2005, 1901 )

NRS 108.235

NRS

108.235

Amount recoverable by prime contractor; payment of all liens by prime contractor; defense of action on notice of lien; withholding or deduction of money by owner.

A prime contractor:

(a) Upon a notice of lien, may recover the lienable amount as may be due, plus all amounts that may be awarded by the court pursuant to NRS 108.237 ; and

(b) Upon receipt of the amount described in paragraph (a), shall pay all liens for the work, equipment or materials which were furnished or to be furnished as provided in NRS 108.221 to 108.246 , inclusive.

In all cases where a prime contractor has been paid for the work, materials or equipment which are the subject of a notice of lien recorded under NRS 108.221

to 108.246 , inclusive, the prime contractor shall defend the owner in any action brought thereupon at the prime contractors own expense.

Except as otherwise provided in this subsection, if a lien claimant records a notice of lien for the work, equipment or materials furnished or to be furnished to the prime contractor, the owner may withhold from the prime contractor the amount of money for which the lien claimants notice of lien is recorded. If the lien claimants notice of lien resulted from the owners failure to pay the prime contractor for the lien claimants work, materials or equipment, the owner shall not withhold the amount set forth in the notice of lien from the prime contractor if the prime contractor or lien claimant tenders a release of the lien claimants lien to the owner. In case of judgment against the owner or the owners property which is the subject of the lien, the owner may deduct, from any amount due or to become due to the prime contractor, the amount paid by the owner to the lien claimant for which the prime contractor was liable and recover back from the prime contractor any amount so paid by the owner in excess of the amount the court has found that the owner owes to the prime contractor.

(Added to NRS by 1965, 1164 ; A 2003, 2606 ; 2005, 1903 )

NRS 108.236

NRS

108.236

Court must declare rank of lien claimants or class of lien claimants; application of proceeds.

In every case in which different liens are asserted against any property, the court, in the judgment, must declare the rank of each lien claimant or class of lien claimants in the following order:

(a) First: All labor whether performed at the instance or direction of the owner, the subcontractor or the prime contractor.

(b) Second: Material suppliers and lessors of equipment.

(c) Third: All other lien claimants who have performed their work, in whole or in part, under contract with the prime contractor or any subcontractor.

(d) Fourth: All other lien claimants.

The proceeds of the sale of the property must be applied to each lien claimant or class of lien claimants in the order of its rank.

(Added to NRS by 1965, 1164 ; A 1993, 2056 ; 2003, 2607 )

NRS 108.2403

NRS

108.2403

Lessee to record notice of posted security and either establish construction disbursement account or record surety bond before beginning work of improvement; contents of notice of posted security and service thereof; effect of failure to comply with requirements; rights and remedies additional.

Except as otherwise provided in NRS 108.2405 , before a lessee may cause a work of improvement to be constructed, altered or repaired upon property that the lessee is leasing, the lessee shall:

(a) Record a notice of posted security with the county recorder of the county where the property is located upon which the improvement is or will be constructed, altered or repaired; and

(b) Either:

(1) Establish a construction disbursement account and:

(I) Fund the account in an amount equal to the total cost of the work of improvement, but in no event less than the total amount of the prime contract;

(II) Obtain the services of a construction control to administer the construction disbursement account; and

(III) Notify each person who gives the lessee a notice of right to lien of the establishment of the construction disbursement account as provided in paragraph (f) of subsection 2; or

(2) Record a surety bond for the prime contract that meets the requirements of subsection 2 of NRS 108.2415 and notify each person who gives the lessee a notice of right to lien of the recording of the surety bond as provided in paragraph (f) of subsection 2.

The notice of posted security required pursuant to subsection 1 must:

(a) Identify the name and address of the lessee;

(b) Identify the location of the improvement and the address, legal description and assessors parcel number of the property upon which the improvement is or will be constructed, altered or repaired;

(1) The property upon which the improvement is or will be constructed, altered or repaired; and

(2) The improvement on such property;

(d) If the lessee establishes a construction disbursement account pursuant to subsection 1, include:

(1) The name and address of the construction control;

(2) The date that the lessee obtained the services of the construction control and the total amount of funds in the construction disbursement account; and

(3) The number of the construction disbursement account, if any;

(e) If the lessee records a surety bond pursuant to subsection 1, include:

(1) The name and address of the surety;

(2) The surety bond number;

(3) The date that the surety bond was recorded in the office of the county recorder of the county where the property is located upon which the improvement is or will be constructed, altered or repaired;

(4) The book and the instrument or document number of the recorded surety bond; and

(5) A copy of the recorded surety bond with the notice of posted security; and

(f) Be served upon each person who gives a notice of right to lien within 10 days after receipt of the notice of right to lien, in one of the following ways:

(1) By personally delivering a copy of the notice of posted security to the person who gives a notice of right to lien at the address identified in the notice of right to lien; or

(2) By mailing a copy of the notice of posted security by certified mail, return receipt requested, to the person who gives a notice of right to lien at the address identified in the notice of right to lien.

If a lessee fails to satisfy the requirements of subsection 1 of this section or subsection 2 of NRS 108.2407 , the prime contractor who has furnished or will furnish materials or equipment for the work of improvement may stop work. If the lessee:

(a) Satisfies the requirements of subsection 1 of this section or subsection 2 of NRS 108.2407 within 25 days after any work stoppage, the prime contractor who stopped work shall resume work and the prime contractor and the prime contractors lower-tiered subcontractors and suppliers are entitled to compensation for any reasonable costs and expenses that any of them have incurred because of the delay and remobilization; or

(b) Does not satisfy the requirements of subsection 1 of this section or subsection 2 of NRS 108.2407 within 25 days after the work stoppage, the prime contractor who stopped work may terminate the contract relating to the work of improvement and the prime contractor and the prime contractors lower-tiered subcontractors and suppliers are entitled to recover:

(1) The cost of all work, materials and equipment, including any overhead the prime contractor and the lower-tiered subcontractors and suppliers incurred and profit the prime contractor and the lower-tiered subcontractors and suppliers earned through the date of termination;

(2) The balance of the profit the prime contractor and the lower-tiered subcontractors and suppliers would have earned if the contract had not been terminated;

(3) Any interest, costs and attorneys fees that the prime contractor and the lower-tiered subcontractors and suppliers are entitled to pursuant to NRS 108.237 ; and

(4) Any other amount awarded by a court or other trier of fact.

The rights and remedies provided pursuant to this section are in addition to any other rights and remedies that may exist at law or in equity, including, without limitation, the rights and remedies provided pursuant to NRS 624.606

to 624.630 , inclusive.

(Added to NRS by 2005, 1893 )

NRS 108.2405

NRS

108.2405

Inapplicability of

NRS 108.2403

and

108.2407

under certain circumstances; service of notice of waiver of owners rights upon prime contractor and lien claimants.

The provisions of NRS 108.2403 and 108.2407 do not apply:

(a) In a county with a population of 700,000 or more with respect to a ground lessee who enters into a ground lease for real property which is designated for use or development by the county for commercial purposes which are compatible with the operation of the international airport for the county.

(b) If all owners of the property, individually or collectively, record a written notice of waiver of the owners rights set forth in NRS 108.234 with the county recorder of the county where the property is located before the commencement of construction of the work of improvement. Such a written notice of waiver may be with respect to one or more works of improvement as described in the written notice of waiver.

Each owner who records a notice of waiver pursuant to paragraph (b) of subsection 1 must serve such notice by certified mail, return receipt requested, upon any prime contractor of the work of improvement and all other lien claimants who give the owner a notice of right to lien pursuant to NRS 108.245 , within 10 days after the owners receipt of a notice of right to lien or 10 days after the date on which the notice of waiver is recorded pursuant to this subsection, whichever is later.
As used in this section:

(a) Ground lease means a written agreement:

(1) To lease real property which, on the date on which the agreement is signed, does not include any existing buildings or improvements that may be occupied on the land; and

(2) That is entered into for a period of not less than 10 years, excluding any options to renew that may be included in any such lease.

(b) Ground lessee means a person who enters into a ground lease as a lessee with the county as record owner of the real property as the lessor.

(Added to NRS by 2005, 1895 ; A 2011, 1141 ; 2019, 1371 ; 2021, 1418 )

NRS 108.2407

NRS

108.2407

Lien claimant has lien upon funds in construction disbursement account; disbursement of funds from construction disbursement account; lien claimant may notify construction control of claim of lien; construction control to pay legitimate claim of lien; interpleader; liability of construction control.

If a construction disbursement account is established and funded pursuant to subsection 2 of this section or subsection 1 of NRS 108.2403 , each lien claimant has a lien upon the funds in the account for an amount equal to the lienable amount owed.
Upon the disbursement of any funds from the construction disbursement account for a given pay period:

(a) The lessee shall deposit into the account such additional funds as may be necessary to pay for the completion of the work of improvement, including, without limitation, the costs attributable to additional and changed work, material or equipment;

(b) The construction control described in subsection 1 of NRS 108.2403 shall certify in writing the amount necessary to pay for the completion of the work of improvement; and

(c) If the amount necessary to pay for the completion of the work of improvement exceeds the amount remaining in the construction disbursement account:

(1) The construction control shall give written notice of the deficiency by certified mail, return receipt requested, to the prime contractor and each person who has given the construction control a notice of right to lien; and

(2) The provisions of subsection 3 of NRS 108.2403 shall be deemed to apply.

The construction control shall disburse money to lien claimants from the construction disbursement account for the lienable amount owed such lien claimants.
A lien claimant may notify the construction control of a claim of lien by:

(a) Recording a notice of lien pursuant to NRS 108.226 ; or

(b) Personally delivering or mailing by certified mail, return receipt requested, a written notice of a claim of lien to the construction control within 90 days after the completion of the work of improvement.

Except as otherwise provided in subsection 6, the construction control shall pay a legitimate claim of lien upon receipt of the written notice described in subsection 4 from the funds available in the construction disbursement account.
The construction control may bring an action for interpleader in the district court for the county where the property or some part thereof is located if:

(a) The construction control reasonably believes that all or a portion of a claim of lien is not legitimate; or

(b) The construction disbursement account does not have sufficient funds to pay all claims of liens for which the construction control has received notice.

If the construction control brings an action for interpleader pursuant to paragraph (a) of subsection 6, the construction control shall pay to the lien claimant any portion of the claim of lien that the construction control reasonably believes is legitimate.
If an action for interpleader is brought pursuant to subsection 6, the construction control shall:

(a) Deposit with the court an amount equal to 1.5 times the amount of the lien claims to the extent that there are funds available in the construction disbursement account;

(b) Provide notice of the action for interpleader by certified mail, return receipt requested, to each person:

(1) Who gives the construction control a notice of right to lien;

(2) Who serves the construction control with a claim of lien;

(3) Who has performed work or furnished materials or equipment for the work of improvement; or

(4) Of whom the construction control is aware may perform work or furnish materials or equipment for the work of improvement; and

(c) Publish a notice of the action for interpleader once each week, for 3 successive weeks, in a newspaper of general circulation in the county in which the work of improvement is located.

A construction control who brings an action for interpleader pursuant to subsection 6 is entitled to be reimbursed from the construction disbursement account for the reasonable costs that the construction control incurred in bringing such action.
If a construction control for a construction disbursement account established by a lessee does not provide a proper certification as required pursuant to paragraph (b) of subsection 2 or does not comply with any other requirement of this section, the construction control and its bond are liable for any resulting damages to any lien claimants.

(Added to NRS by 2005, 1895 )

NRS 108.245

NRS

108.245

Notice of right to lien: Form; service; effect.

Except as otherwise provided in subsection 5, every lien claimant, other than one who performs only labor or is a potential claimant under NRS 608.150 , who claims the benefit of NRS 108.221 to

108.246 , inclusive, shall, at any time after the first delivery of material or performance of work or services under a contract, deliver in person or by certified mail to the owner of the property a notice of right to lien in substantially the following form:

NOTICE OF RIGHT TO LIEN

To: ...................................................

(Owners name and address)

The undersigned notifies you that he or she has supplied materials or equipment or performed work or services as follows:

............................................................................................................................

(General description of materials, equipment, work or services)

for improvement of property identified as (property description or street address) under contract with (general contractor or subcontractor). This is not a notice that the undersigned has not been or does not expect to be paid, but a notice required by law that the undersigned may, at a future date, record a notice of lien as provided by law against the property if the undersigned is not paid.

(Claimant)

A subcontractor or equipment or material supplier who gives such a notice must also deliver in person or send by certified mail a copy of the notice to the prime contractor for information only. The failure by a subcontractor to deliver the notice to the prime contractor is a ground for disciplinary proceedings against the subcontractor under chapter 624 of NRS but does not invalidate the notice to the owner.

Such a notice does not constitute a lien or give actual or constructive notice of a lien for any purpose.
No lien for materials or equipment furnished or for work or services performed, except labor, may be perfected or enforced pursuant to NRS 108.221 to 108.246 , inclusive, unless the notice has been given.
The notice need not be verified, sworn to or acknowledged.
A prime contractor or other person who contracts directly with an owner or sells materials directly to an owner is not required to give notice pursuant to this section.
A lien claimant who is required by this section to give a notice of right to lien to an owner and who gives such a notice has a right to lien for materials or equipment furnished or for work or services performed in the 31 days before the date the notice of right to lien is given and for the materials or equipment furnished or for work or services performed anytime thereafter until the completion of the work of improvement.

(Added to NRS by 1965, 1169 ; A 1967, 1104 ; 1969, 730 ; 1979, 1091 ; 1997, 2695 ; 2003, 2616 ; 2005, 1912 ; 2015, 1932 ; 2017, 1210 )

NRS 108.2453

NRS

108.2453

Waiver or modification of right, obligation or liability set forth in

NRS 108.221

108.246

, inclusive, prohibited; certain conditions, stipulations or provisions of contract for improvement of property or construction, alteration or repair of work of improvement void and unenforceable.

Except as otherwise provided in NRS 108.221 to 108.246 , inclusive, a person may not waive or modify a right, obligation or liability set forth in the provisions of NRS 108.221 to 108.246 , inclusive.
A condition, stipulation or provision in a contract or other agreement for the improvement of property or for the construction, alteration or repair of a work of improvement in this State that attempts to do any of the following is contrary to public policy and is void and unenforceable:

(a) Require a lien claimant to waive rights provided by law to lien claimants or to limit the rights provided to lien claimants, other than as expressly provided in NRS 108.221 to 108.246 , inclusive;

(b) Relieve a person of an obligation or liability imposed by the provisions of NRS 108.221 to 108.246 , inclusive;

(d) Require any litigation, arbitration or other process for dispute resolution on disputes arising out of the contract or other agreement to occur in a state other than this State; or

(e) Require a prime contractor or subcontractor to waive, release or extinguish a claim or right that the prime contractor or subcontractor may otherwise possess or acquire for delay, acceleration, disruption or impact damages or an extension of time for delays incurred, for any delay, acceleration, disruption or impact event which was unreasonable under the circumstances, not within the contemplation of the parties at the time the contract was entered into, or for which the prime contractor or subcontractor is not responsible.

(Added to NRS by 2003, 2590 ; A 2005, 1913 )

NRS 108.2457

NRS

108.2457

Term of contract that attempts to waive or impair lien rights of contractor, subcontractor or supplier void; requirements for enforceability of waiver or release of rights of lien claimant; effect of payment in form of two-party joint check; forms.

Any term of a contract that attempts to waive or impair the lien rights of a contractor, subcontractor or supplier is void. An owner, contractor or subcontractor by any term of a contract, or otherwise, may not obtain the waiver of, or impair the lien rights of, a contractor, subcontractor or supplier, except as provided in this section. Any written consent given by a lien claimant that waives or limits any lien rights is unenforceable unless the lien claimant:

(a) Executes and delivers a waiver and release that is signed by the lien claimant or the lien claimants authorized agent in the form set forth in this section; and

(b) In the case of a conditional waiver and release, receives payment of the amount identified in the conditional waiver and release.

An oral or written statement purporting to waive, release or otherwise adversely affect the rights of a lien claimant is not enforceable and does not create any estoppel or impairment of a lien unless:

(a) There is a written waiver and release in the form set forth in this section; and

(b) The lien claimant received payment for the lien and then only to the extent of the payment received.

Payment in the form of a two-party joint check made payable to a lien claimant and another joint payee who are in privity with each other shall, upon endorsement by the lien claimant and the joint check clearing the bank upon which it is drawn, be deemed to be payment to the lien claimant for only:

(a) The amount of the joint check;

(b) The amount the payor intended to pay the lien claimant out of the joint check; or

(c) The balance owed to the lien claimant for the work, materials or equipment covered by the joint check, whichever is less.

This section does not affect the enforceability of either an accord and satisfaction regarding a bona fide dispute or any agreement made in settlement of an action pending in any court or arbitration, provided the accord and satisfaction or settlement makes specific reference to the lien rights waived or impaired and is in a writing signed by the lien claimant.
The waiver and release given by any lien claimant is unenforceable unless it is in the following forms in the following circumstances:

(a) Where the lien claimant is required to execute a waiver and release in exchange for or to induce the payment of a progress billing and the lien claimant is not in fact paid in exchange for the waiver and release or a single payee check or joint payee check is given in exchange for the waiver and release, the waiver and release must be in the following form:

CONDITIONAL WAIVER AND RELEASE

UPON PROGRESS PAYMENT

Property Name:..............................................................................................................

Property Location:.........................................................................................................

Undersigneds Customer:.............................................................................................

Invoice/Payment Application Number:.....................................................................

Payment Amount:..........................................................................................................

Upon receipt by the undersigned of a check in the above-referenced Payment Amount payable to the undersigned, and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release and the undersigned shall be deemed to waive any notice of lien, any private bond right, any claim for payment and any rights under any similar ordinance, rule or statute related to payment rights that the undersigned has on the above-described Property to the following extent:

This release covers a progress payment for the work, materials or equipment furnished by the undersigned to the Property or to the Undersigneds Customer which are the subject of the Invoice or Payment Application, but only to the extent of the Payment Amount or such portion of the Payment Amount as the undersigned is actually paid, and does not cover any retention withheld, any items, modifications or changes pending approval, disputed items and claims, or items furnished that are not paid. Before any recipient of this document relies on it, the recipient should verify evidence of payment to the undersigned. The undersigned warrants that he or she either has already paid or will use the money received from this progress payment promptly to pay in full all laborers, subcontractors, materialmen and suppliers for all work, materials or equipment that are the subject of this waiver and release.

Dated:......................................

.......................................................

(Company Name)

By:.................................................

Its:.................................................

(b) Where the lien claimant has been paid in full or a part of the amount provided for in the progress billing, the waiver and release of the amount paid must be in the following form:

UNCONDITIONAL WAIVER AND RELEASE

UPON PROGRESS PAYMENT

Property Name:..............................................................................................................

Property Location:.........................................................................................................

Undersigneds Customer:.............................................................................................

Invoice/Payment Application Number:.....................................................................

Payment Amount:..........................................................................................................

The undersigned has been paid and has received a progress payment in the above-referenced Payment Amount for all work, materials and equipment the undersigned furnished to the Customer for the above-described Property and does hereby waive and release any notice of lien, any private bond right, any claim for payment and any rights under any similar ordinance, rule or statute related to payment rights that the undersigned has on the above-described Property to the following extent:

This release covers a progress payment for the work, materials and equipment furnished by the undersigned to the Property or to the Undersigneds Customer which are the subject of the Invoice or Payment Application, but only to the extent of the Payment Amount or such portion of the Payment Amount as the undersigned is actually paid, and does not cover any retention withheld, any items, modifications or changes pending approval, disputed items and claims, or items furnished that are not paid. The undersigned warrants that he or she either has already paid or will use the money received from this progress payment promptly to pay in full all laborers, subcontractors, materialmen and suppliers for all work, materials or equipment that are the subject of this waiver and release.

Dated:......................................

.......................................................

(Company Name)

By:.................................................

Its:.................................................

(Each unconditional waiver and release must contain the following language, in type at least as large as the largest type otherwise on the document:)

Notice: This document waives rights unconditionally and states that you have been paid for giving up those rights. This document is enforceable against you if you sign it to the extent of the Payment Amount or the amount received. If you have not been paid, use a conditional release form.

(c) Where the lien claimant is required to execute a waiver and release in exchange for or to induce payment of a final billing and the lien claimant is not paid in exchange for the waiver and release or a single payee check or joint payee check is given in exchange for the waiver and release, the waiver and release must be in the following form:

CONDITIONAL WAIVER AND RELEASE

UPON FINAL PAYMENT

Property Name:..............................................................................................................

Property Location:.........................................................................................................

Undersigneds Customer:.............................................................................................

Invoice/Payment Application Number:.....................................................................

Payment Amount:..........................................................................................................

Payment Period:.............................................................................................................

Amount of Disputed Claims:.......................................................................................

This release covers the final payment to the undersigned for all work, materials or equipment furnished by the undersigned to the Property or to the Undersigneds Customer and does not cover payment for Disputed Claims, if any. Before any recipient of this document relies on it, the recipient should verify evidence of payment to the undersigned. The undersigned warrants that he or she either has already paid or will use the money received from the final payment promptly to pay in full all laborers, subcontractors, materialmen and suppliers for all work, materials or equipment that are the subject of this waiver and release.

Dated:......................................

.......................................................

(Company Name)

By:.................................................

Its:.................................................

(d) Where the lien claimant has been paid the final billing, the waiver and release must be in the following form:

UNCONDITIONAL WAIVER AND RELEASE

UPON FINAL PAYMENT

Property Name:..............................................................................................................

Property Location:.........................................................................................................

Undersigneds Customer:.............................................................................................

Invoice/Payment Application Number:.....................................................................

Payment Amount:..........................................................................................................

Amount of Disputed Claims:.......................................................................................

The undersigned has been paid in full for all work, materials and equipment furnished to the Customer for the above-described Property and does hereby waive and release any notice of lien, any private bond right, any claim for payment and any rights under any similar ordinance, rule or statute related to payment rights that the undersigned has on the above-described Property, except for the payment of Disputed Claims, if any, noted above. The undersigned warrants that he or she either has already paid or will use the money received from this final payment promptly to pay in full all laborers, subcontractors, materialmen and suppliers for all work, materials and equipment that are the subject of this waiver and release.

Dated:......................................

.......................................................

(Company Name)

By:.................................................

Its:.................................................

(Each unconditional waiver and release must contain the following language, in type at least as large as the largest type otherwise on the document:)

Notice: This document waives rights unconditionally and states that you have been paid for giving up those rights. This document is enforceable against you if you sign it, even if you have not been paid. If you have not been paid, use a conditional release form.

(e) Notwithstanding any language in any waiver and release form set forth in this section, if the payment given in exchange for any waiver and release of lien is made by check, draft or other such negotiable instrument, and the same fails to clear the bank on which it is drawn for any reason, then the waiver and release shall be deemed null, void and of no legal effect whatsoever and all liens, lien rights, bond rights, contract rights or any other right to recover payment afforded to the lien claimant in law or equity will not be affected by the lien claimants execution of the waiver and release.

(Added to NRS by 2003, 2591 ; A 2005, 1914 )

NRS 108.246

NRS

108.246

Prime contractor to advise owner of content of

NRS 108.245

; copy to be provided to each subcontractor; failure to comply with requirements constitutes ground for disciplinary action against prime contractor.

Each prime contractor shall, before execution of a contract for construction, inform the owner with whom the prime contractor intends to contract of the provisions of NRS 108.245 in substantially the following form:

To:............................................................

(Owners name and address)

The provisions of NRS 108.245 , a part of the mechanics and materialmens lien law of the State of Nevada, require, for your information and protection from hidden liens, that each person or other legal entity who supplies materials to or performs work on a construction project, other than one who performs only labor, deliver to the owner a notice of the materials and equipment supplied or the work performed. You may receive these notices in connection with the construction project which you propose to undertake.

Each prime contractor shall deliver a copy of the information required by subsection 1 to each subcontractor who participates in the construction project.
The failure of a prime contractor to inform pursuant to this section owners and subcontractors with whom the prime contractor contracts is a ground for disciplinary proceedings under chapter 624 of NRS.

(Added to NRS by 1971, 881 ; A 1997, 2696 ; 2003, 2617 )

LIENS OF FOUNDRYMEN, BOILERMAKERS AND OTHERS

NRS 108.249

NRS

108.249

Lien on mill, manufactory or hoisting works.

All foundrymen, boilermakers and all persons performing labor, or furnishing machinery, boilers, castings or other materials for the construction, repairing or carrying on of any mill, manufactory or hoisting works, shall have a lien on such mill, manufactory or hoisting works for such work or labor done, or such machinery, boiler, castings or other material furnished by each, respectively.
All the provisions of NRS 108.221 to 108.246 , inclusive, as determined by the date of performance, respecting the mode of recording, securing and enforcing the liens of contractors, subcontractors, journeymen, laborers and others shall be applicable to the provisions of this section.
The word superstructure, wherever it occurs in NRS 108.221 to 108.246 , inclusive, shall be applicable to the provisions of this section.

[19:64:1875; BH § 3826; C § 3899; RL § 2231; NCL § 3753]—(NRS A 1965, 1169 ; 1969, 823 )—(Substituted in revision for NRS 108.240)

EXTINGUISHMENT OF LIEN ON REAL PROPERTY CREATED BY ATTACHMENT; EXPIRATION OF NOTICE OF PENDENCY OF ACTION

NRS 11.202

NRS

11.202

Actions for damages for injury or wrongful death caused by deficiency in construction of improvements to real property.

No action may be commenced against the owner, occupier or any person performing or furnishing the design, planning, supervision or observation of construction, or the construction of an improvement to real property more than 10 years after the substantial completion of such an improvement, for the recovery of damages for:

(a) Except as otherwise provided in subsection 2, any deficiency in the design, planning, supervision or observation of construction or the construction of such an improvement;

(b) Injury to real or personal property caused by any such deficiency; or

Except as otherwise provided in this subsection, an action may be commenced against the owner, occupier or any person performing or furnishing the design, planning, supervision or observation of construction, or the construction of an improvement to real property at any time after the substantial completion of such an improvement, for the recovery of damages for any act of fraud in causing a deficiency in the design, planning, supervision or observation of construction or the construction of such an improvement. The provisions of this subsection do not apply to any lower-tiered subcontractor who performs work that covers up a defect or deficiency in another contractors trade if the lower-tiered subcontractor does not know, and should not reasonably know, of the existence of the alleged defect or deficiency at the time of performing such work. As used in this subsection, lower-tiered subcontractor has the meaning ascribed to it in NRS 624.608 .
The provisions of this section do not apply:

(a) To a claim for indemnity or contribution.

(b) In an action brought against:

(1) The owner or keeper of any hotel, inn, motel, motor court, boardinghouse or lodging house in this State on account of his or her liability as an innkeeper.

(2) Any person on account of a defect in a product.

(Added to NRS by 1983, 1238 ; A 2015, 17 ; 2019, 2262 )

NRS 11.208

NRS

11.208

Action by contractor against Department of Transportation upon contract for construction, reconstruction, improvement or maintenance of highway.

An action by a contractor against the Department of Transportation upon a contract for the construction, reconstruction, improvement or maintenance of a highway must be commenced within 3 years after the date of the:

Completion of the contract; or
Determination of the engineer or decision of the Board of Directors of the Department of Transportation on an appeal of a claim arising from the contract as provided in the standard specifications for construction of roads and bridges adopted by the Department,

Ê whichever occurs later.

(Added to NRS by 1987, 631 ; A 1989, 1313 )

NRS 11.209

NRS

11.209

Actions against original contractors by employees of subcontractors or other contractors acting under, by or for original contractors for wages, contributions, premiums, benefits or other indebtedness.

No action against an original contractor for the recovery of wages due an employee of a subcontractor or other contractor acting under, by or for the original contractor, or contributions, premiums or benefits required to be made or paid on account of the employee, or any other indebtedness for labor performed by the employee owed to an employee may be commenced more than 2 years after the date the indebtedness for labor should have been made or paid by the subcontractor.
As used in this section, original contractor has the meaning ascribed to it in NRS 608.150 .

(Added to NRS by 1983, 1350 ; A 2015, 1932 ; 2017, 1210 )

NRS 111.1037

NRS

111.1037

Exclusions from statutory rule against perpetuities.

NRS 111.1031 does not apply to:

A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of:

(a) A premarital or postmarital agreement;

(b) A separation or divorce settlement;

(d) A similar arrangement arising out of a prospective, existing or previous marital relationship between the parties;

(e) A contract to make or not to revoke a will or trust;

(f) A contract to exercise or not to exercise a power of appointment;

(g) A transfer in satisfaction of a duty of support; or

(h) A reciprocal transfer;

A fiduciarys power relating to the administration or management of assets, including the power of a fiduciary to sell, lease or mortgage property, and the power of a fiduciary to determine principal and income;
A power to appoint a fiduciary;
A discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal;
A nonvested property interest held by a charity, government, or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision;
A property interest in or a power of appointment with respect to a trust or other property arrangement if such a trust or other property arrangement:

(a) Was established for eleemosynary purposes; and

(b) As set forth in the terms of such trust or other property arrangement, is to continue for an indefinite or unlimited period;

A nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one or more employees, independent contractors, or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse; or
A property interest, power of appointment or arrangement that was not subject to the common-law rule against perpetuities or is expressly excluded by another statute of this state.

(Added to NRS by 1987, 63 ; A 2019, 1846 )

NRS 113.130

NRS

113.130

Completion and service of disclosure form before conveyance of property; discovery or worsening of defect after service of form; limitation on liability of sellers agent; exceptions; waiver.

Except as otherwise provided in subsection 2:

(a) At least 10 days before residential property is conveyed to a purchaser:

(1) The seller shall complete a disclosure form regarding the residential property; and

(2) The seller or the sellers agent shall serve the purchaser or the purchasers agent with the completed disclosure form.

Ê A sellers agent shall not complete a disclosure form regarding the residential property on behalf of the seller.

(b) If, after service of the completed disclosure form but before conveyance of the property to the purchaser, a seller or the sellers agent discovers a new defect in the residential property that was not identified on the completed disclosure form or discovers that a defect identified on the completed disclosure form has become worse than was indicated on the form, the seller or the sellers agent shall inform the purchaser or the purchasers agent of that fact, in writing, as soon as practicable after the discovery of that fact but in no event later than the conveyance of the property to the purchaser. If the seller does not agree to repair or replace the defect, the purchaser may:

(1) Rescind the agreement to purchase the property; or

(2) Close escrow and accept the property with the defect as revealed by the seller or the sellers agent without further recourse.

(1) The seller is aware of a defect and fails to disclose the defect to the purchaser on the disclosure form as required pursuant to paragraph (a); or

(2) After service of the completed disclosure form but before conveyance of the property to the purchaser, the seller discovers a new defect in the residential property that was not identified on the completed disclosure form or discovers that a defect identified on the completed disclosure form has become worse than was indicated on the form and fails to inform the purchaser or the purchasers agent of that fact as required pursuant to paragraph (b).

Ê The provisions of this paragraph do not affect, and must not be construed to affect, the obligation of a sellers agent to comply with the provisions of paragraph (a) of subsection 1 of NRS 645.252 .

Subsection 1 does not apply to a sale or intended sale of residential property:

(a) By foreclosure pursuant to chapter 107 of NRS.

(b) Between any co-owners of the property, spouses or persons related within the third degree of consanguinity.

(d) By a person who takes temporary possession or control of or title to the property solely to facilitate the sale of the property on behalf of a person who relocates to another county, state or country before title to the property is transferred to a purchaser.

(e) By a fiduciary under title 12 or 13 of NRS, including, without limitation, a personal representative, guardian, trustee or person acting under a power of attorney, who takes temporary possession or control of or title to the property solely to facilitate the sale of the property on behalf of a person who is deceased or incapacitated.

A purchaser of residential property may not waive any of the requirements of subsection 1. A seller of residential property may not require a purchaser to waive any of the requirements of subsection 1 as a condition of sale or for any other purpose.
If a sale or intended sale of residential property is exempted from the requirements of subsection 1 pursuant to paragraph (a) of subsection 2, the trustee and the beneficiary of the deed of trust shall, not later than at the time of the conveyance of the property to the purchaser of the residential property, or upon the request of the purchaser of the residential property, provide:

(a) Written notice to the purchaser of any defects in the property of which the trustee or beneficiary, respectively, is aware; and

(b) If any defects are repaired or replaced or attempted to be repaired or replaced, the contact information of any asset management company who provided asset management services for the property. The asset management company shall provide a service report to the purchaser upon request.

As used in this section:

(a) Seller includes, without limitation, a client as defined in NRS 645H.060 .

(b) Service report has the meaning ascribed to it in NRS 645H.150 .

(Added to NRS by 1995, 842 ; A 1997, 349 ; 2003, 1339 ; 2005, 598 ; 2011, 2832 ; 2021, 961 , 1081 )

NRS 113.150

NRS

113.150

Remedies for sellers delayed disclosure or nondisclosure of defects in property; waiver.

If a seller or the sellers agent fails to serve a completed disclosure form in accordance with the requirements of NRS 113.130 , the purchaser may, at any time before the conveyance of the property to the purchaser, rescind the agreement to purchase the property without any penalties.
If, before the conveyance of the property to the purchaser, a seller or the sellers agent informs the purchaser or the purchasers agent, through the disclosure form or another written notice, of a defect in the property of which the cost of repair or replacement was not limited by provisions in the agreement to purchase the property, the purchaser may:

(a) Rescind the agreement to purchase the property at any time before the conveyance of the property to the purchaser; or

(b) Close escrow and accept the property with the defect as revealed by the seller or the sellers agent without further recourse.

Rescission of an agreement pursuant to subsection 2 is effective only if made in writing, notarized and served not later than 4 working days after the date on which the purchaser is informed of the defect:

(a) On the holder of any escrow opened for the conveyance; or

(b) If an escrow has not been opened for the conveyance, on the seller or the sellers agent.

Except as otherwise provided in subsection 5, if a seller conveys residential property to a purchaser without complying with the requirements of NRS 113.130 or otherwise providing the purchaser or the purchasers agent with written notice of all defects in the property of which the seller is aware, and there is a defect in the property of which the seller was aware before the property was conveyed to the purchaser and of which the cost of repair or replacement was not limited by provisions in the agreement to purchase the property, the purchaser is entitled to recover from the seller treble the amount necessary to repair or replace the defective part of the property, together with court costs and reasonable attorneys fees. An action to enforce the provisions of this subsection must be commenced not later than 1 year after the purchaser discovers or reasonably should have discovered the defect or 2 years after the conveyance of the property to the purchaser, whichever occurs later.
A purchaser may not recover damages from a seller pursuant to subsection 4 on the basis of an error or omission in the disclosure form that was caused by the sellers reliance upon information provided to the seller by:

(a) An officer or employee of this State or any political subdivision of this State in the ordinary course of his or her duties; or

(b) A contractor, engineer, land surveyor, certified inspector as defined in NRS 645D.040 or pesticide applicator, who was authorized to practice that profession in this State at the time the information was provided.

A purchaser of residential property may waive any of his or her rights under this section. Any such waiver is effective only if it is made in a written document that is signed by the purchaser and notarized.

(Added to NRS by 1995, 843 ; A 1997, 350 , 1797 )

NRS 116.3102

NRS

116.3102

Powers of unit-owners association; limitations.

Except as otherwise provided in this chapter, and subject to the provisions of the declaration, the association:

(a) Shall adopt and, except as otherwise provided in the bylaws, may amend bylaws and may adopt and amend rules and regulations.

(b) Shall adopt and may amend budgets in accordance with the requirements set forth in NRS 116.31151 , may collect assessments for common expenses from the units owners and may invest funds of the association in accordance with the requirements set forth in NRS 116.311395 .

(d) May institute, defend or intervene in litigation or in arbitration, mediation or administrative proceedings in its own name on behalf of itself or two or more units owners on matters affecting the common-interest community. The association may not institute, defend or intervene in litigation or in arbitration, mediation or administrative proceedings in its own name on behalf of itself or units owners with respect to an action for a constructional defect pursuant to NRS 40.600 to 40.695 , inclusive, unless the action pertains to:

(1) Common elements;

(2) Any portion of the common-interest community that the association owns; or

(3) Any portion of the common-interest community that the association does not own but has an obligation to maintain, repair, insure or replace because the governing documents of the association expressly make such an obligation the responsibility of the association.

(e) May make contracts and incur liabilities. Any contract between the association and a private entity for the furnishing of goods or services must not include a provision granting the private entity the right of first refusal with respect to extension or renewal of the contract.

(f) May regulate the use, maintenance, repair, replacement and modification of common elements.

(g) May cause additional improvements to be made as a part of the common elements.

(h) May acquire, hold, encumber and convey in its own name any right, title or interest to real estate or personal property, but:

(1) Common elements in a condominium or planned community may be conveyed or subjected to a security interest only pursuant to NRS 116.3112 ; and

(2) Part of a cooperative may be conveyed, or all or part of a cooperative may be subjected to a security interest, only pursuant to NRS 116.3112 .

(i) May grant easements, leases, licenses and concessions through or over the common elements.

(j) May impose and receive any payments, fees or charges for the use, rental or operation of the common elements, other than limited common elements described in subsections 2 and 4 of NRS 116.2102 , and for services provided to the units owners, including, without limitation, any services provided pursuant to NRS 116.310312 .

(k) May impose charges for late payment of assessments pursuant to NRS 116.3115 .

(l) May impose construction penalties when authorized pursuant to NRS 116.310305 .

(m) May impose reasonable fines for violations of the governing documents of the association only if the association complies with the requirements set forth in NRS 116.31031 .

(n) May impose reasonable charges for the preparation and recordation of any amendments to the declaration or any statements of unpaid assessments, and impose reasonable fees, not to exceed the amounts authorized by NRS 116.4109 , for preparing and furnishing the documents and certificate required by that section.

(o) May impose a reasonable fee for opening or closing any file for each unit. Such a fee:

(1) Must be based on the actual cost the association incurs to open or close any file.

(2) Must not exceed $350. Beginning on January 1, 2022, the monetary amount in this subparagraph must be adjusted for each calendar year by adding to each amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) published by the United States Department of Labor from December 2020 to the December preceding the calendar year for which the adjustment is calculated, but must not increase by more than 3 percent each year.

(3) Must not be charged to both the seller and the purchaser of a unit.

(4) Except as otherwise provided in this subparagraph and subject to the limitation set forth in subparagraph (2), may increase, on an annual basis, by a percentage equal to the percentage of increase in the Consumer Price Index (All Items) published by the United States Department of Labor for the preceding calendar year. The fee must not increase by more than 3 percent each year.

(p) May provide for the indemnification of its officers and executive board and maintain directors and officers liability insurance.

(q) May assign its right to future income, including the right to receive assessments for common expenses, but only to the extent the declaration expressly so provides.

(r) May exercise any other powers conferred by the declaration or bylaws.

(s) May exercise all other powers that may be exercised in this State by legal entities of the same type as the association.

(t) Except as otherwise provided in this paragraph, may direct the removal of vehicles improperly parked on property owned or leased by the association, as authorized pursuant to NRS 487.038 , or improperly parked on any road, street, alley or other thoroughfare within the common-interest community in violation of the governing documents. An association may not direct the removal of a vehicle parked on property owned or leased by the association solely because the registration of the vehicle is expired. In addition to complying with the requirements of NRS 487.038 and any requirements in the governing documents, if a vehicle is improperly parked as described in this paragraph, the association must post written notice in a conspicuous place on the vehicle or provide oral or written notice to the owner or operator of the vehicle at least 48 hours before the association may direct the removal of the vehicle, unless the vehicle:

(1) Is blocking a fire hydrant, fire lane or parking space designated for the handicapped; or

(2) Poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units owners or residents of the common-interest community.

(u) May exercise any other powers necessary and proper for the governance and operation of the association.

The declaration may not limit the power of the association to deal with the declarant if the limit is more restrictive than the limit imposed on the power of the association to deal with other persons.
The executive board may determine whether to take enforcement action by exercising the associations power to impose sanctions or commence an action for a violation of the declaration, bylaws or rules, including whether to compromise any claim for unpaid assessments or other claim made by or against it. The executive board does not have a duty to take enforcement action if it determines that, under the facts and circumstances presented:

(a) The associations legal position does not justify taking any or further enforcement action;

(b) The covenant, restriction or rule being enforced is, or is likely to be construed as, inconsistent with current law;

(c) Although a violation may exist or may have occurred, it is not so material as to be objectionable to a reasonable person or to justify expending the associations resources; or

(d) It is not in the associations best interests to pursue an enforcement action.

The executive boards decision under subsection 3 not to pursue enforcement under one set of circumstances does not prevent the executive board from taking enforcement action under another set of circumstances, but the executive board may not be arbitrary or capricious in taking enforcement action.
Notwithstanding any provision of this chapter or the governing documents to the contrary, an association may not impose any assessment pursuant to this chapter or the governing documents on the owner of any property in the common-interest community that is exempt from taxation pursuant to NRS 361.125 . For the purposes of this subsection, assessment does not include any charge for any utility services, including, without limitation, telecommunications, broadband communications, cable television, electricity, natural gas, sewer services, garbage collection, water or for any other service which is delivered to and used or consumed directly by the property in the common-interest community that is exempt from taxation pursuant to NRS 361.125 .
In providing any service or performing any act set forth in paragraph (n) or (o) of subsection 1, an association, or entity related to or acting on behalf of an association, shall not impose on a units owner, the authorized agent of a units owner, a purchaser or, pursuant to subsection 7 of NRS 116.4109 , the holder of a security interest on a unit, a fee:

(a) Not authorized in paragraph (n) or (o), as applicable, of subsection 1; or

(b) In an amount which exceeds any limitation provided or set forth in paragraph (n) or (o), as applicable, of subsection 1.

(Added to NRS by 1991, 556 ; A 1999, 3000 ; 2003, 2227 , 2267 ;

2005, 2590 ; 2009, 1009 , 2796 ,

2879 ,

2911 ;

2011, 2427 ; 2015, 18 ; 2019, 851 , 2263 ;

2021, 1400 , 1436 )

NRS 116.31038

NRS

116.31038

Delivery to association of property held or controlled by declarant.

In addition to any applicable requirement set forth in NRS 116.310395 , within 30 days after units owners other than the declarant may elect a majority of the members of the executive board, the declarant shall deliver to the association all property of the units owners and of the association held by or controlled by the declarant, including:

The original or a certified copy of the recorded declaration as amended, the articles of incorporation, articles of association, articles of organization, certificate of registration, certificate of limited partnership, certificate of trust or other documents of organization for the association, the bylaws, minute books and other books and records of the association and any rules or regulations which may have been adopted.
An accounting for money of the association and audited financial statements for each fiscal year and any ancillary period from the date of the last audit of the association to the date the period of the declarants control ends. The financial statements must fairly and accurately report the associations financial position. The declarant shall pay the costs of the ancillary audit. The ancillary audit must be delivered within 210 days after the date the period of the declarants control ends.
A complete study of the reserves of the association, conducted by a person who is registered as a reserve study specialist pursuant to chapter 116A of NRS. At the time the control of the declarant ends, the declarant shall:

(a) Except as otherwise provided in this paragraph, deliver to the association a reserve account that contains the declarants share of the amounts then due, and control of the account. If the declaration was recorded before October 1, 1999, and, at the time the control of the declarant ends, the declarant has failed to pay his or her share of the amounts due, the executive board shall authorize the declarant to pay the deficiency in installments for a period of 3 years, unless the declarant and the executive board agree to a shorter period.

(b) Disclose, in writing, the amount by which the declarant has subsidized the associations dues on a per unit or per lot basis.

The associations money or control thereof.
All of the declarants tangible personal property that has been represented by the declarant as property of the association or, unless the declarant has disclosed in the public offering statement that all such personal property used in the common-interest community will remain the declarants property, all of the declarants tangible personal property that is necessary for, and has been used exclusively in, the operation and enjoyment of the common elements, and inventories of these properties.
A copy of any plans and specifications used in the construction of the improvements in the common-interest community which were completed within 2 years before the declaration was recorded.
All insurance policies then in force, in which the units owners, the association, or its directors and officers are named as insured persons.
Copies of any certificates of occupancy that may have been issued with respect to any improvements comprising the common-interest community other than units in a planned community.
Any renewable permits and approvals issued by governmental bodies applicable to the common-interest community which are in force and any other permits and approvals so issued and applicable which are required by law to be kept on the premises of the community.
Written warranties of the contractor, subcontractors, suppliers and manufacturers that are still effective.
A roster of owners and mortgagees of units and their addresses and telephone numbers, if known, as shown on the declarants records.
Contracts of employment in which the association is a contracting party.
Any contract for service in which the association is a contracting party or in which the association or the units owners have any obligation to pay a fee to the persons performing the services.

(Added to NRS by 1993, 2354 ; A 1999, 3002 ; 2001, 2490 ; 2005, 2597 ; 2009, 2918 )

NRS 116.31187

NRS

116.31187

Prohibition against certain personnel contracting with association or accepting commission, personal profit or compensation from association; exceptions.

Except as otherwise provided in this section, a member of an executive board or an officer of an association shall not:

(a) On or after October 1, 2003, enter into a contract or renew a contract with the association to provide financing, goods or services to the association; or

(b) Otherwise accept any commission, personal profit or compensation of any kind from the association for providing financing, goods or services to the association.

The provisions of this section do not prohibit a declarant, an affiliate of a declarant or an officer, employee or agent of a declarant or an affiliate of a declarant from:

(a) Receiving any commission, personal profit or compensation from the association, the declarant or an affiliate of the declarant for any financing, goods or services furnished to the association;

(b) Entering into contracts with the association, the declarant or affiliate of the declarant; or

(Added to NRS by 2003, 2218 ; A 2009, 2896 , 2929 )

NRS 116.4114

NRS

116.4114

Implied warranties of quality.

A declarant and any dealer warrant that a unit will be in at least as good condition at the earlier of the time of the conveyance or delivery of possession as it was at the time of contracting, reasonable wear and tear excepted.
A declarant and any dealer impliedly warrant that a unit and the common elements in the common-interest community are suitable for the ordinary uses of real estate of its type and that any improvements made or contracted for by a declarant or dealer, or made by any person before the creation of the common-interest community, will be:

(a) Free from defective materials; and

(b) Constructed in accordance with applicable law, according to sound standards of engineering and construction, and in a workmanlike manner.

A declarant and any dealer warrant to a purchaser of a unit that may be used for residential use that an existing use, continuation of which is contemplated by the parties, does not violate applicable law at the earlier of the time of conveyance or delivery of possession.
Warranties imposed by this section may be excluded or modified as specified in NRS 116.4115 .
For purposes of this section, improvements made or contracted for by an affiliate of a declarant are made or contracted for by the declarant.
Any conveyance of a unit transfers to the purchaser all of the declarants implied warranties of quality.

(Added to NRS by 1991, 577 ; A 2011, 2457 )

NRS 117.080

NRS

117.080

Other liens.

No labor performed or services or materials furnished with the consent of or at the request of a condominium owner or his or her agent or his or her contractor or subcontractor shall be the basis for the filing of a lien against the condominium of any other condominium owner, or against any part thereof, or against any other property of any other condominium owner, unless such other owner has expressly consented to or requested the performance of such labor or furnishing of such materials or services. Such express consent shall be deemed to have been given by the owner of any condominium in the case of emergency repairs thereto. Labor performed or services or materials furnished for the common areas, if duly authorized by a management body provided for in a declaration of restrictions governing the property, shall be deemed to be performed or furnished with the express consent of each condominium owner. The owner of any condominium may remove his or her condominium from a lien against two or more condominiums or any part thereof by payment to the holder of the lien of the fraction of the total sum secured by such lien which is attributable to his or her condominium.

(Added to NRS by 1963, 130 )

NRS 119.120

NRS

119.120

Exemptions: Single purchase; large lots; contractors; court orders; governmental agencies.

The provisions of this chapter do not apply, unless the method of disposition is adopted to evade those provisions or the provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, upon notification to the Division by the person electing to be exempt under this section, to the making of any offer or disposition of any subdivision or lot, parcel, unit or interest therein:

By a purchaser of any lot, parcel, interest or unit of a subdivision for his or her own account in a single or isolated transaction.
If:

(a) Each lot, parcel, interest or unit being offered or disposed of in any subdivision is more than 80 acres in size;

(b) The purchaser or his or her agent inspects the land before purchasing it; and

(c) The developer signs an affirmation which states that the purchaser or his or her agent has inspected the land before purchasing it, and the affirmation is made a matter of record in accordance with regulations of the Division.

Ê For purposes of this subsection, the size of any undivided interest being offered or disposed of in any subdivision must be computed by dividing the number of the undivided interests into the area of the subdivision, exclusive of common or reserved areas, roadways or easements.

To any person who is licensed in this state to engage and is engaged in the business of the construction of residential, commercial or industrial buildings located in this state for disposition.
By any person who owns the land and is licensed in the State of Nevada to construct residential buildings if the land is located in this state and is to include a residential building when disposition is completed.
Pursuant to the order of any court of this state.
By any government or governmental agency.

(Added to NRS by 1971, 1404 ; A 1973, 1752 ; 1975, 1568 ; 1977, 1513 ; 1979, 1507 ; 1981, 14 ; 1983, 273 , 410 ;

1985, 1406 )

NRS 122.010

NRS

122.010

What constitutes marriage; no common-law marriages after March 29, 1943.

Marriage, so far as its validity in law is concerned, is a civil contract, to which the consent of the parties capable in law of contracting is essential. Consent alone will not constitute marriage; it must be followed by solemnization as authorized and provided by this chapter.
The provisions of subsection 1 requiring solemnization shall not invalidate any marriage contract in effect prior to March 29, 1943, to which the consent only of the parties capable in law of contracting the contract was essential.

[1:33:1861; A 1943, 279 ; 1943 NCL § 4050]

NRS 148.450

NRS

148.450

Effect of order; execution of order.

The order is prima facie evidence of the correctness of the proceedings and of the authority of the personal representative to make the conveyance or transfer, and after its entry, the person entitled to the conveyance or transfer has a right to the possession of the property contracted for, and to hold the property according to the terms of the intended conveyance or transfer, in like manner as if it had been conveyed or transferred pursuant to the order.
The personal representative shall execute the conveyance or transfer according to the directions of the order, and the court may enforce its execution by process. The conveyance or transfer passes title to the property contracted for as fully as if the contracting party had executed it while living.

(Added to NRS by 1999, 2315 )

EXCHANGE OF PROPERTY

NRS 171.17751

NRS

171.17751

Designation of certain state, county and city officers to prepare, sign and serve citations.

Any board of county commissioners or governing body of a city may designate the chief officer of the organized fire department or any employees designated by the chief officer, and certain of its inspectors of solid waste management, building, housing and licensing inspectors, zoning enforcement officers, parking enforcement officers, animal control officers, traffic engineers, marshals and park rangers of units of specialized law enforcement established pursuant to NRS 280.125 , and other persons charged with the enforcement of county or city ordinances, to prepare, sign and serve written citations on persons accused of violating a county or city ordinance.
The Chief Medical Officer and the health officer of each county, district and city may designate certain employees to prepare, sign and serve written citations on persons accused of violating any law, ordinance or regulation of a board of health that relates to public health.
The Administrator of the Housing Division of the Department of Business and Industry may designate certain employees to prepare, sign and serve written citations on persons accused of violating any law or regulation of the Division relating to the provisions of chapters 118B , 461 ,

461A and 489

of NRS.

The State Contractors Board may designate certain of its employees to prepare, sign and serve written citations on persons pursuant to subsection 2 of NRS 624.115 .
An employee designated pursuant to this section:

(a) May exercise the authority to prepare, sign and serve citations only within the field of enforcement in which the employee works;

(b) May, if employed by a city or county, prepare, sign and serve a citation only to enforce an ordinance of the city or county by which the employee is employed; and

(Added to NRS by 1979, 871 ; A 1981, 564 , 858 ;

1987, 377 ; 1989, 279 ; 1993, 81 , 1330 ,

1511 ,

2515 ;

1995, 583 ; 1999, 2966 ; 2005, 1382 ; 2017, 3613 )

NRS 176.0127

NRS

176.0127

Department of Corrections and Division of Parole and Probation to provide information to and assist Joint Interim Standing Committee on the Judiciary.

The Department of Corrections shall:

(a) Provide the Joint Interim Standing Committee on the Judiciary with any available statistical information or research requested by the Committee and assist the Committee in the compilation and development of information requested by the Committee, including, but not limited to, information or research concerning the facilities and institutions of the Department of Corrections, the offenders who are or were within those facilities or institutions, rates of recidivism, the effectiveness of educational and vocational programs and the sentences which are being served or were served by those offenders; and

(b) Provide the independent contractor retained pursuant to NRS 176.0129 with any available statistical information requested by the independent contractor for the purpose of performing the projections required by NRS 176.0129 .

The Division shall:

(a) Provide the Joint Interim Standing Committee on the Judiciary with any available statistical information or research requested by the Committee and assist the Committee in the compilation and development of information concerning sentencing, probation, parole and any offenders who are or were subject to supervision by the Division; and

(Added to NRS by 1995, 1355 ; A 2001 Special Session, 214 ; 2009, 1352 ; 2017, 126 ; 2021, 2515 )

NRS 176.0129

NRS

176.0129

Annual projections of persons imprisoned, on probation, on parole and in residential confinement.

The Office of Finance shall, on an annual basis, contract for the services of an independent contractor, in accordance with the provisions of NRS 333.700 , to review sentences imposed in this State and the practices of the State Board of Parole Commissioners and project annually the number of persons who will be:

In a facility or institution of the Department of Corrections;
On probation;
On parole; and
Serving a term of residential confinement,

Ê during the 10 years immediately following the date of the projection.

(Added to NRS by 1995, 1355 ; A 2001 Special Session, 215 ; 2009, 2231 ; 2017, 126 ; 2021, 2516 )

PUBLIC POLICY CONCERNING SENTENCING

General Provisions

NRS 176.0137

NRS

176.0137

Department of Corrections and Division of Parole and Probation to provide information to and assist Sentencing Commission.

The Department of Corrections shall:

(a) Provide the Sentencing Commission with any available statistical information or research requested by the Sentencing Commission and assist the Sentencing Commission in the compilation and development of information requested by the Sentencing Commission, including, without limitation, information or research concerning the facilities and institutions of the Department of Corrections, the offenders who are or were within those facilities or institutions, rates of recidivism, the effectiveness of educational and vocational programs and the sentences which are being served or were served by those offenders;

(b) If requested by the Sentencing Commission, make available to the Sentencing Commission the use of the computers and programs which are owned by the Department of Corrections; and

(c) Provide the independent contractor retained pursuant to NRS 176.0129 with any available statistical information requested by the independent contractor for the purpose of performing the projections required by NRS 176.0129 .

The Division shall:

(a) Provide the Sentencing Commission with any available statistical information or research requested by the Sentencing Commission and assist the Sentencing Commission in the compilation and development of information concerning sentencing, probation, parole and any offenders who are or were subject to supervision by the Division;

(b) If requested by the Sentencing Commission, make available to the Sentencing Commission the use of the computers and programs which are owned by the Division; and

(Added to NRS by 2017, 4191 )

NRS 176.278

NRS

176.278

Payment of restitution from civil judgment or settlement in favor of defendant and against State, political subdivision, officer, employee or contractor.

Except as otherwise provided in subsection 4, if a person who is or was imprisoned in the state prison or a county or city jail or detention facility is awarded a judgment against:

(a) The State of Nevada, a county or a city;

(b) A department, commission, board or other agency of the State of Nevada, a county or a city; or

Ê arising from a civil action that accrued while the person was imprisoned in the state prison or county or city jail or detention facility, the person or governmental entity that pays the judgment shall deposit the money for the judgment with the court. The court shall deduct from the money received from the judgment any amount of money owed by the person for restitution and send the money to the appropriate person, governmental agency or political subdivision of a governmental agency to whom restitution is owed.

Except as otherwise provided in subsection 4, if a person enters into a settlement for money in an action described in subsection 1, the person or governmental entity that pays the settlement shall deposit the money for the settlement with the court in which the action was filed or the district court of the county in which the person resides if no action was filed. The court shall deduct from the money deposited with the court any amount of money owed by the person for restitution and send the money to the appropriate person, governmental agency or political subdivision of a governmental agency to whom restitution is owed.
If any money remains after the court makes the deduction pursuant to subsection 1 or 2, the court shall forward the remaining money to the person who initiated the action.
The provisions of this section do not apply to a judgment or settlement in a case that involves the death of a person who was imprisoned.

(Added to NRS by 1999, 67 )

NRS 178.620

NRS

178.620

Enactment; text.

The Agreement on Detainers, set forth in this section, is hereby enacted into law and entered into by this State with all other jurisdictions legally joining such agreement in the form substantially as follows:

The Agreement on Detainers

The contracting states solemnly agree that:

Article I

The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, information or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures.

Article II

As used in this agreement:

(a) State shall mean a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.

(b) Sending state shall mean a state in which a prisoner is incarcerated at the time that the prisoner initiates a request for final disposition pursuant to Article III hereof or at the time that a request for custody or availability is initiated pursuant to Article IV hereof.

(c) Receiving state shall mean the state in which trial is to be had on an indictment, information or complaint pursuant to Article III or Article IV hereof.

Article III

(a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information or complaint on the basis of which a detainer has been lodged against the prisoner, the prisoner shall be brought to trial within one hundred eighty days after the prisoner shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officers jurisdiction written notice of the place of imprisonment and the prisoners request for a final disposition to be made of the indictment, information or complaint: provided that for good cause shown in open court, the prisoner or the prisoners counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner.

(b) The written notice and request for final disposition referred to in paragraph (a) hereof shall be given or sent by the prisoner to the warden, commissioner of corrections or other official having custody of the prisoner, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested.

(c) The warden, commissioner of corrections or other official having custody of the prisoner shall promptly inform the prisoner of the source and contents of any detainer lodged and shall also inform the prisoner of the right to make a request for final disposition of the indictment, information or complaint on which the detainer is based.

(d) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall operate as a request for final disposition of all untried indictments, informations or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The warden, commissioner of corrections or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoners request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by copies of the prisoners written notice, request, and the certificate. If trial is not had on any indictment, information or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.

(e) Any request for a final disposition made by a prisoner pursuant to paragraph (a) hereof shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph (d) hereof, and a waiver of extradition to the receiving state to serve any sentence there imposed upon the prisoner, after completion of the term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of the prisoners body in any court where the prisoners presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law.

(f) Escape from custody by the prisoner subsequent to the prisoners execution of the request for final disposition referred to in paragraph (a) hereof shall void the request.

Article IV

(a) The appropriate officer of the jurisdiction in which an untried indictment, information or complaint is pending shall be entitled to have a prisoner against whom the officer has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with Article V (a) hereof upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated: provided that the court having jurisdiction of such indictment, information or complaint shall have duly approved, recorded and transmitted the request: and provided further that there shall be a period of thirty days after receipt by the appropriate authorities before the request be honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability, either upon the governors own motion or upon motion of the prisoner.

(b) Upon receipt of the officers written request as provided in paragraph (a) hereof, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor.

(c) In respect of any proceeding made possible by this Article, trial shall be commenced within one hundred twenty days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or the prisoners counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.

(d) Nothing contained in this Article shall be construed to deprive any prisoner of any right which the prisoner may have to contest the legality of the prisoners delivery as provided in paragraph (a) hereof, but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery.

(e) If trial is not had on any indictment, information or complaint contemplated hereby prior to the prisoners being returned to the original place of imprisonment pursuant to Article V (e) hereof, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.

Article V

(a) In response to a request made under Article III or Article IV hereof, the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in Article III of this agreement. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoners presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian.

(b) The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand:

(1) Proper identification and evidence of authority to act for the state into whose temporary custody the prisoner is to be given.

(2) A duly certified copy of the indictment, information or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made.

(c) If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in Article III or Article IV hereof, the appropriate court of the jurisdiction where the indictment, information or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect.

(d) The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one or more untried indictments, informations or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for attendance at court and while being transported to or from any place at which the prisoners presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution.

(e) At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state.

(f) During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run but good time shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow.

(g) For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law.

(h) From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one or more untried indictments, informations or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping and returning the prisoner. The provisions of this paragraph shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. Nothing herein contained shall be construed to alter or affect any internal relationship among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.

Article VI

(a) In determining the duration and expiration dates of the time periods provided in Articles III and IV of this agreement, the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter.

(b) No provision of this agreement, and no remedy made available by this agreement, shall apply to any person who is adjudged to be mentally ill.

Article VII

Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without the state, information necessary to the effective operation of this agreement.

Article VIII

This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof.

Article IX

This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state party hereto, the agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

(Added to NRS by 1971, 640 )

NRS 180.320

NRS

180.320

Duties of Board; adoption of regulations.

The Board on Indigent Defense Services shall:

(a) Receive reports from the Executive Director and provide direction to the Executive Director concerning measures to be taken by the Department to ensure that indigent defense services are provided in an effective manner throughout this State.

(b) Review information from the Department regarding caseloads of attorneys who provide indigent defense services.

(c) Direct the Executive Director to conduct any additional audit, investigation or review the Board deems necessary to determine whether minimum standards in the provision of indigent defense services are being followed and provided in compliance with constitutional requirements.

(d) Work with the Executive Director to develop procedures for the mandatory collection of data concerning the provision of indigent defense services, including the manner in which such services are provided.

(e) Provide direction to the Executive Director concerning annual reports and review drafts of such reports.

(f) Review and approve the budget for the Department.

(g) Review any recommendations of the Executive Director concerning improvements to the criminal justice system and legislation to improve the provision of indigent defense services in this State.

(h) Provide advice and recommendations to the Executive Director on any other matter.

In addition to the duties set forth in subsection 1, the Board shall:

(a) Establish minimum standards for the delivery of indigent defense services to ensure that such services meet the constitutional requirements and do not create any type of economic disincentive or impair the ability of the defense attorney to provide effective representation.

(b) Establish a procedure to receive complaints and recommendations concerning the provision of indigent defense services from any interested person including, without limitation, judges, defendants, attorneys and members of the public.

(d) Adopt regulations establishing standards for the provision of indigent defense services including, without limitation:

(1) Establishing requirements for specific continuing education and experience for attorneys who provide indigent defense services.

(2) Requiring attorneys who provide indigent defense services to track their time and provide reports, and requiring the State Public Defender and counties that employ attorneys or otherwise contract for the provision of indigent defense services to require or include a provision in the employment or other contract requiring compliance with the regulations.

(3) Establishing standards to ensure that attorneys who provide indigent defense services track and report information in a uniform manner.

(4) Establishing guidelines to be used to determine the maximum caseloads for attorneys who provide indigent defense services.

(5) Requiring the Department of Indigent Defense Services and each county that employs or contracts for the provision of indigent defense services to ensure, to the greatest extent possible, consistency in the representation of indigent defendants so that the same attorney represents a defendant through every stage of the case without delegating the representation to others, except that administrative and other tasks which do not affect the rights of the defendant may be delegated. A provision must be included in each employment or other contract of an attorney providing indigent defense services to require compliance with the regulations.

(e) Establish recommendations for the manner in which an attorney who is appointed to provide indigent defense services may request and receive reimbursement for expenses related to trial, including, without limitation, expenses for expert witnesses and investigators.

(f) Work with the Executive Director and the Dean of the William S. Boyd School of Law of the University of Nevada, Las Vegas, or his or her designee, to determine incentives to recommend offering to law students and attorneys to encourage them to provide indigent defense services, especially in rural areas of the State.

(g) Review laws and recommend legislation to ensure indigent defendants are represented in the most effective and constitutional manner.

The Board shall adopt regulations to establish hourly rates of compensation for court appearances and other time reasonably spent on indigent defense services or representation for:

(a) In counties whose population is less than 100,000, an attorney, other than a public defender, who is selected pursuant to

NRS 7.115 to provide indigent defense services; or

(b) In all counties, an attorney who is appointed pursuant to NRS 34.750 to represent a petitioner who files a postconviction petition for habeas corpus.

Ê Except for cases in which the most serious crime is a felony punishable by death or by imprisonment for life with or without possibility of parole, the establishment by regulation of rates of compensation pursuant to this subsection does not preclude a governmental entity from contracting with a private attorney who agrees to provide such services for a lesser rate of compensation.

The Board shall adopt any additional regulations it deems necessary or convenient to carry out the duties of the Board and the provisions of this chapter.

(Added to NRS by 2019, 2882 ; A 2023, 1888 , 3060 )

DEPARTMENT OF INDIGENT DEFENSE SERVICES

NRS 19.0335

NRS

19.0335

Additional fees in civil action involving multiple parties.

Except as otherwise provided in NRS 19.034 , on the commencement of any civil action in the district court for which a filing fee is required, the clerk of court shall collect, in addition to any other fee required by law, the following fees in any action that involves more than one plaintiff and one defendant:

(a) A fee of $30 for each additional plaintiff named in a complaint when the complaint is filed.

(b) A fee of $30 for each additional defendant named in an answer when the answer is filed, or a fee of $30 for each additional party appearing in the action when the additional party appears in the action.

(c) If a complaint is amended to name an additional plaintiff, a fee of $30 for each additional plaintiff named when the complaint is amended.

On or before the first Monday of each month, the clerk of court shall pay over to the county treasurer the amount of all fees collected by the clerk of the court pursuant to subsection 1. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each fee received:

(a) Eight dollars for credit to a special account in the county general fund for the use of the district court for advanced and improved technological purposes. The special account is restricted to the use specified, the money in the special account must not be used to supplant existing budgets for maintenance and support of technology, and the balance in the special account must be carried forward at the end of each fiscal year.

(b) Seven dollars for credit to a special account in the county general fund in each county in which legal services are provided without charge to indigent or elderly persons through a program for legal aid organized under the auspices of the State Bar of Nevada, a county or local bar association, a county or municipal program for legal services or other program funded by this State or the United States to provide legal assistance. The county treasurer shall remit quarterly to the organization operating the program for legal services all the money received by the county treasurer from the clerk of court. The organization operating the program for legal services shall use any money received pursuant to this paragraph as follows:

(1) Five dollars for the benefit of indigent persons in the county; and

(2) Two dollars for the benefit of elderly persons in the county.

(c) Ten dollars to the State Controller for credit to a special account in the State General Fund. The State Controller shall distribute the money received to the Office of Court Administrator for use in support and maintenance of case management systems approved by the Office of Court Administrator, for statewide technological purposes and for distribution to the courts for technological purposes. The special account is restricted to the use specified, and the balance in the special account must be carried forward at the end of each fiscal year.

(d) Five dollars to the State Controller for credit to a special account in the State General Fund. The State Controller shall distribute the money received to the Office of Court Administrator for the payment for the services of retired justices, retired judges of the Court of Appeals and retired district judges. The special account is restricted to the use specified, and the balance in the special account must be carried forward at the end of each fiscal year.

As used in this section:

(a) Office of Court Administrator means the Office of Court Administrator created pursuant to NRS 1.320 .

(b) Technological purposes means the acquisition or improvement of technology, including, without limitation, acquiring or improving technology for converting and archiving records, purchasing hardware and software, maintaining the technology, training employees in the operation of the technology and contracting for professional services relating to the technology.

(Added to NRS by 2003, 2118 ; A 2013, 1732 )

NRS 2.250

NRS

2.250

Fees.

The Clerk of the Supreme Court may demand and receive for the services of the Clerk rendered in discharging the duties imposed upon him or her by law the following fees:

(a) Except as otherwise provided in paragraph (d), whenever an appeal is taken to the Supreme Court, or whenever a special proceeding by way of mandamus, certiorari, prohibition, quo warranto, habeas corpus, or otherwise is brought in or to the Supreme Court, the appellant and any cross-appellant or the party bringing a special proceeding shall, at or before the appeal, cross-appeal or petition for a special proceeding has been entered on the docket, pay to the Clerk of the Supreme Court the sum of $200.

(b) Except as otherwise provided in paragraph (d), a party to an appeal or special proceeding who petitions the Supreme Court for a rehearing shall, at the time of filing such a petition, pay to the Clerk of the Supreme Court the sum of $100.

(1) Whenever an appeal is taken to the Supreme Court, or whenever a special proceeding by way of mandamus, certiorari, prohibition, quo warranto, habeas corpus, or otherwise is brought in or to the Supreme Court, the appellant and any cross-appellant or the party bringing a special proceeding shall, at or before the appeal, cross-appeal or petition for a special proceeding has been entered on the docket, pay to the Clerk of the Supreme Court a court automation fee of $50.

(2) A party to an appeal or special proceeding who petitions the Supreme Court for a rehearing shall, at the time of filing such a petition, pay to the Clerk of the Supreme Court a court automation fee of $50.

Ê The Clerk of the Supreme Court shall remit the fees collected pursuant to this paragraph to the State Controller for credit to a special account in the State General Fund. The State Controller shall distribute the money received to the Office of Court Administrator to be used for advanced and improved technological purposes in the Supreme Court. The special account is restricted to the use specified, and the balance in the special account must be carried forward at the end of each fiscal year. As used in this paragraph, technological purposes means the acquisition or improvement of technology, including, without limitation, acquiring or improving technology for converting and archiving records, purchasing hardware and software, maintaining the technology, training employees in the operation of the technology and contracting for professional services relating to the technology.

(d) No fees may be charged by the Clerk in:

(1) Any action brought in or to the Supreme Court wherein the State of Nevada or any county, city or town thereof, or any officer or commission thereof is a party in his, her or its official or representative capacity, against the State of Nevada, county, city, town, officer or commission;

(2) A habeas corpus proceeding of a criminal or quasi-criminal nature; or

(3) An appeal taken from, or a special proceeding arising out of, a criminal proceeding.

(e) A fee of $60 for Supreme Court decisions in pamphlet form for each year, or a fee of $30 for less than a 6 months supply of decisions, to be collected from each person who requests such decisions, except those persons and agencies set forth in NRS 2.345 . The Clerk may charge a reasonable fee to all parties for access to decisions of the Supreme Court compiled in an electronic format, except those persons and agencies set forth in NRS 2.345 .

(f) A fee from a person who requests a photostatic copy or a photocopy print of any paper or document in an amount determined by the justices of the Supreme Court.

The Clerk of the Supreme Court shall not charge any fee that is not authorized by law.
The Clerk of the Supreme Court shall keep a fee book or electronic record in which the Clerk shall enter in detail the title of the matter, proceeding or action, and the fees charged therein. The fee book or electronic record, as applicable, must be open to public inspection in the office of the Clerk.
The Clerk of the Supreme Court shall publish and post by conventional or electronic means, in some conspicuous place in the Clerks office and on the Internet website of the Clerk, a table of fees for public inspection.
All fees prescribed in this section must be paid in advance, if demanded. If the Clerk of the Supreme Court has not received any or all of the fees which are due to the Clerk for services rendered in any suit or proceeding, the Clerk may have execution therefor in the Clerks own name against the party from whom they are due, to be issued from the Supreme Court upon order of a justice thereof or from the Court upon affidavit filed.
The Clerk of the Supreme Court shall give a receipt on demand of the party paying a fee. The receipt must specify the title of the cause in which the fee is paid and the date and the amount of the payment.
The Clerk of the Supreme Court shall, when depositing with the State Treasurer money received for Court fees, render to the State Treasurer a brief note of the cases in which the money was received.

[Part 1:49:1883; BH § 2342; C § 2460; RL § 2005; NCL § 2936] + [2:49:1883; A 1917, 30 ; 1921, 111 ; NCL § 2937] + [17:49:1883; BH § 2358; C § 2482; RL § 2019; NCL § 2950] + [18:49:1883; BH § 2359; C § 2483; RL § 2020; NCL § 2951] + [23:49:1883; BH § 2364; C § 2488; RL § 2025; NCL § 2956] + [25:49:1883; BH § 2366; C § 2490; RL § 2027; NCL § 2958] + [Part 31:49:1883; BH § 2372; C § 2496; RL § 2033; NCL § 2964] + [32:49:1883; A 1919, 15 ; 1953, 46 ] + [21:49:1883; BH § 2362; C § 2486; RL § 2023; NCL § 2954] + [22:49:1883; BH § 2363; C § 2487; RL § 2024; NCL § 2955]—(NRS A 1971, 827 , 2059 ;

1981, 251 ; 1983, 469 ; 1985, 221 , 712 ;

1997, 1210 ; 1999, 1203 ; 2003, 2119 ; 2015, 2548 ; 2021, 217 )

NRS 200.364

NRS

200.364

Definitions.

As used in NRS 200.364 to 200.3788 , inclusive, unless the context otherwise requires:

Forensic laboratory has the meaning ascribed to it in NRS 176.09117 .
Forensic medical examination has the meaning ascribed to it in NRS 217.300 .
Genetic marker analysis has the meaning ascribed to it in NRS 176.09118 .
Offense involving a pupil or child means any of the following offenses:

(a) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540 .

(b) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550 .

(c) Sexual conduct between certain employees or contractors of or volunteers for an entity which provides services to children and a person under the care, custody, control or supervision of the entity pursuant to NRS 201.555 .

Perpetrator means a person who commits a sexual offense, an offense involving a pupil or child or sex trafficking.
Sex trafficking means a violation of subsection 2 of NRS 201.300 .
Sexual assault forensic evidence kit means the forensic evidence obtained from a forensic medical examination.
Sexual offense means any of the following offenses:

(a) Sexual assault pursuant to NRS 200.366 .

(b) Statutory sexual seduction pursuant to NRS 200.368 .

Sexual penetration means cunnilingus, fellatio, or any intrusion, however slight, of any part of a persons body or any object manipulated or inserted by a person into the genital or anal openings of the body of another, including sexual intercourse in its ordinary meaning. The term does not include any such conduct for medical purposes.
Statutory sexual seduction means ordinary sexual intercourse, anal intercourse or sexual penetration committed by a person 18 years of age or older with a person who is 14 or 15 years of age and who is at least 4 years younger than the perpetrator.
Victim means a person who is a victim of a sexual offense, an offense involving a pupil or child or sex trafficking.
Victim of sexual assault has the meaning ascribed to it in NRS 217.280 .

(Added to NRS by 1977, 1626 ; A 1979, 572 ; 1991, 801 ; 1995, 700 ; 2009, 231 , 1296 ;

2013, 2426 ; 2015, 2234 ; 2017, 2316 , 2887 ,

2888 )

NRS 201.2655

NRS

201.2655

Exemptions.

The provisions of NRS 201.256 to 201.2655 , inclusive, do not apply to:

A university, community college, school, museum or library which is operated by or which is under the direct control of this state or a political subdivision of this state; or
An employee or independent contractor of an institution listed in subsection 1, if the employee or independent contractor is acting within the scope of his or her employment or contractual relationship.

(Added to NRS by 1997, 2662 )

CRIMES AGAINST RELIGION

NRS 201.555

NRS

201.555

Sexual conduct between certain employees or contractors of or volunteers for entity providing services to children and children under care, custody, control or supervision of entity: Penalty; exception.

Except as otherwise provided in subsection 2, a person who:

(a) Is 25 years of age or older;

(b) Is in a position of authority as an employee or contractor of or volunteer for an entity which provides services to children; and

(1) Who is under the care, custody, control or supervision of the entity at which the person is employed or volunteering or of which the person is a contractor; and

(2) With whom the person has had contact in the course of performing his or her duties as an employee, contractor or volunteer,

Ê is guilty of a category C felony and shall be punished as provided in NRS 193.130 .

The provisions of this section do not apply to a person who is an employee or contractor of or volunteer for an entity which provides services to children and who is married to the person under the care, custody, control or supervision of the entity at the time an act prohibited by this section is committed.
A person convicted pursuant to this section is not subject to the registration or community notification requirements of chapter 179D of NRS.
As used in this section:

(a) Agency which provides child welfare services has the meaning ascribed to it in NRS 432B.030 .

(b) Department of juvenile justice services means:

(1) In a county whose population is less than 100,000, the probation department of the juvenile court established pursuant to NRS 62G.010 to 62G.070 , inclusive;

(2) In a county whose population is 100,000 or more but less than 700,000, the department of juvenile services established pursuant to NRS 62G.100 to

62G.170 , inclusive; and

(3) In a county whose population is 700,000 or more, the department of juvenile justice services established by ordinance pursuant to NRS 62G.210 or, if a department of juvenile justice services has not been established by ordinance pursuant to NRS 62G.210 , the department of juvenile justice services established pursuant to NRS 62G.300 to 62G.370 , inclusive.

(1) An agency which provides child welfare services;

(2) A department of juvenile justice services;

(3) A foster home; or

(4) The Youth Parole Bureau.

(d) Foster home has the meaning ascribed to it in NRS 424.014 .

(e) Youth Parole Bureau has the meaning ascribed to it in NRS 62A.350 .

(Added to NRS by 2017, 2319 )

LURING CHILDREN OR PERSONS WITH MENTAL ILLNESS

NRS 202.580

NRS

202.580

Removal, damage or destruction of signal or apparatus for police or fire alarm; impairing effectiveness of or installing inoperable system for fire protection.

Every person who willfully and maliciously removes, damages or destroys any rope, wire, bell, signal, instrument or apparatus for the communication of alarms of fire or police calls is guilty of an offense proportionate to the value of the property removed, damaged or destroyed, but in no event less than a misdemeanor.
Every contractor who willfully or maliciously installs or causes to be installed in any structure a fire protection system knowing it to be inoperable, or who impairs the effectiveness of a fire protection system in any structure to an extent that a person in the structure would be endangered in the event of a fire, shall be punished by the permanent revocation of every license issued to the contractor by this state or any political subdivision authorizing the contractor to install fire protection systems, and for a gross misdemeanor.
The conviction of a person for a violation of the provisions of subsection 2 does not preclude the prosecution of that person for deceptive trade practices, fraud or similar crimes.
As used in this section:

(a) Automatic fire extinguishing system means a system approved by the State Fire Marshal that is installed in a structure and designed to extinguish a specific type of fire. This type of system includes dry chemical, carbon dioxide, halogenated agent, steam, high-expansion foam, foam extinguishing and liquid agent systems.

(b) Automatic fire sprinkler system means a system of underground or overhead pipes, or both, to which sprinklers are attached that is installed in a structure and designed to discharge water automatically when activated by heat from a fire and to sound an alarm when the system is in operation.

(c) Contractor means any person, including a subcontractor, employee or agent of the contractor, who, for another person and for compensation or with the intention or expectation of receiving compensation, undertakes to install or cause to be installed, by himself or herself or by or through others, in any structure, a fire protection system.

(d) Fire alarm system means a system composed of a control unit and a combination of electrical devices that is designed to sound an alarm in the event of a fire and that may be activated manually, automatically or in both ways.

(e) Fire protection system includes an automatic fire sprinkler system, an automatic fire extinguishing system, a fire alarm system and a standpipe system.

(f) Standpipe system means a system of pipes, valves, connectors and related equipment that is attached to a water supply and designed so that water can be discharged through a hose attached to a connector for the purpose of extinguishing a fire.

(g) Structure includes a building, bridge, tunnel and power plant.

[1911 C&P § 487; RL § 6752; NCL § 10434]—(NRS A 1967, 489 ; 1989, 1044 )

NRS 205.310

NRS

205.310

Contractor failing to pay for labor or material.

Every person having entered into a contract to supply any labor or materials for the value or price of which any lien might lawfully be filed upon the property of another, who shall receive the full price or consideration thereof, or the amount of any account stated thereon, or part payment thereon, shall be deemed to receive the same as the agent of the party with whom such contract was made or his or her successor or assign, for the purpose of paying all claims for labor and materials supplied, insofar as the money so received will pay such claims.

[1911 C&P § 390; RL § 6655; NCL § 10342]

NRS 209.243

NRS

209.243

Administrative claim by prisoner for loss of personal property, property damage, personal injuries or other claims; regulations.

A prisoner or former prisoner may file an administrative claim with the Department to recover compensation for the loss of his or her personal property, property damage, personal injuries or any other claim arising out of a tort alleged to have occurred during his or her incarceration as a result of an act or omission of the Department or any of its agents, former officers, employees or contractors. The claim must be filed within 6 months after the date of the alleged loss, damage or injury.
The Department shall evaluate each claim filed pursuant to subsection 1 and determine the amount due, if any. If the amount due is $500 or less, the Department, within the limits of legislative appropriations, shall approve the claim for payment and submit it to be paid as other claims against the State are paid. The Department shall submit all claims in which the amount due exceeds $500, with any recommendations it deems appropriate, to the State Board of Examiners. The State Board of Examiners, in acting upon the claim, shall consider any recommendations of the Department.
The Department shall adopt regulations necessary to carry out the provisions of this section.

(Added to NRS by 1993, 1210 ; A 1995, 1517 )

NRS 209.365

NRS

209.365

Director to establish program to prevent offenders from possessing or receiving certain publications.

The Director shall adopt, with the approval of the Board, regulations establishing and governing a program, to be carried out within each facility and institution, to prevent an offender from possessing or receiving a publication which is detrimental to the offenders rehabilitation or which has the potential to disrupt security or promote violence or disorder in the facility or institution because the subject matter of the publication:

(a) Is sexually explicit;

(b) Is graphically violent; or

(1) Crime;

(2) The activities of a criminal gang; or

(3) Violence against law enforcement, women, children or members of a particular religion, ethnic group or race or persons of a particular sexual orientation or gender identity or expression.

The regulations must provide that if an offender is prohibited from possessing or receiving a publication pursuant to this section, the offender possessing or receiving the publication must be provided with notice of the determination and an opportunity to appeal the determination. An appeal may be summarily denied if the appeal involves a publication that is similar to a publication that previously has been prohibited.
The establishment of the program required pursuant to this section does not affect:

(a) The authority of the Department to review materials that are possessed or received by an offender, including, but not limited to, publications, for any other lawful purpose or reason; or

(b) The procedures used by the Department to conduct such reviews.

The Department and its officers, employees and independent contractors are immune from liability for damages arising from an act or omission that allows an offender to possess or receive a publication that is prohibited pursuant to this section.
As used in this section:

(a) Criminal gang has the meaning ascribed to it in NRS 213.1263 .

(b) Publication means a book, magazine, newsletter, bulletin, pamphlet or other similar item as determined by the Director.

(Added to NRS by 1997, 1640 ; A 2017, 1066 )

NRS 209.4889

NRS

209.4889

Powers and duties of Director: Contracting for certain services for offenders or parolees in correctional or judicial program; providing referrals and information regarding services; applying for and accepting gifts and grants.

Except as otherwise provided in NRS 208.280 , the Director may enter into one or more contracts with one or more public or private entities to provide any of the following services, as necessary and appropriate, to offenders or parolees participating in a correctional or judicial program:

(a) Transitional housing;

(b) Treatment pertaining to a substance use disorder or mental health;

(d) Vocational rehabilitation and job skills training; and

(e) Any other services required by offenders or parolees who are participating in a correctional or judicial program.

The Director may consult with the Division before entering into a contract with a public or private entity pursuant to subsection 1.
The Director shall, as necessary and appropriate, provide referrals and information regarding:

(a) Any of the services provided pursuant to subsection 1;

(b) Access and availability of any appropriate self-help groups;

(d) Permanent housing.

The Director may apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions of this section. Money received pursuant to this subsection may be deposited with the State Treasurer for credit to the Account for Reentry Programs in the State General Fund created by NRS 480.810 .
A contract entered into between the Director and a public or private entity pursuant to subsection 1 must require the entity to:

(a) Provide a budget concerning all services the entity will provide during the duration of any grant received.

(b) Provide all services required by any grant received.

(d) Provide to the Division, if appropriate, a list of the parolees who have completed or are currently participating in a program of services provided by the entity pursuant to any grant received.

(e) Provide to any offender or parolee who completes a program of services provided by the entity a certificate of completion, and provide a copy of such a certificate to the Division or the Department, as appropriate.

(f) To the extent financially practicable and necessary, assess the risk levels and needs of offenders and parolees by using a validated assessment tool.

(g) Share with the Director information concerning assessments of the risk levels and needs of offenders and parolees so the Director can ensure that adequate assessments are being conducted.

(h) While the entity is providing services pursuant to the contract, meet annually with the Director, a representative of the Division, and other entities that have entered into a contract with the Director pursuant to subsection 1 to discuss, without limitation:

(1) The services provided by the entities, including the growth and success of the services, any problems with the services and any potential solutions to such problems;

(2) Issues relating to the reentry of offenders and parolees into the community and reducing the risk of recidivism; and

(3) Issues relating to offenders and parolees who receive services from an entity and are subsequently convicted of another crime.

As used in this section, training in life skills includes, without limitation, training in the areas of:

(a) Parenting;

(b) Improving human relationships;

(d) Maintaining emotional and physical health;

(e) Preventing alcohol and other substance use disorders;

(f) Preparing for and obtaining employment; and

(g) Budgeting, consumerism and personal finances.

(Added to NRS by 2001, 1162 ; A 2003, 2580 ; 2009, 2593 ; 2015, 1005 ; 2019, 954 )

RELEASE OR ESCAPE OF OFFENDER

NRS 21.105

NRS

21.105

Certain amount in personal bank account not subject to execution; claim of exemption for additional amount; determination of exemption; immunity from liability for financial institution.

If a writ of execution or garnishment is levied on the personal bank account of the judgment debtor and money has been deposited into the account electronically within the immediately preceding 45 days from the date on which the writ was served which is reasonably identifiable as exempt from execution, notwithstanding any other deposits of money into the account, $2,000 or the entire amount in the account, whichever is less, is not subject to execution and must remain accessible to the judgment debtor. For the purposes of this section, money is reasonably identifiable as exempt from execution if the money is deposited in the bank account by the United States Department of the Treasury, including, without limitation, money deposited as:

(a) Benefits provided pursuant to the Social Security Act which are exempt from execution pursuant to 42 U.S.C. §§ 407 and 1383, including, without limitation, retirement and survivors benefits, supplemental security income benefits, disability insurance benefits and child support payments that are processed pursuant to Part D of Title IV of the Social Security Act;

(b) Veterans benefits which are exempt from execution pursuant to 38 U.S.C. § 5301;

(d) Benefits provided for retirement or disability of federal employees which are exempt from execution pursuant to 5 U.S.C. §§ 8346 and 8470;

(e) Annuities payable to retired members of the Armed Forces of the United States and to any surviving spouse or children of such members which are exempt from execution pursuant to 10 U.S.C. §§ 1440 and 1450;

(f) Payments and allowances to members of the Armed Forces of the United States which are exempt from execution pursuant to 37 U.S.C. § 701;

(g) Federal student loan payments which are exempt from execution pursuant to 20 U.S.C. § 1095a;

(h) Wages due or accruing to merchant seamen which are exempt from execution pursuant to 46 U.S.C. § 11109;

(i) Compensation or benefits due or payable to longshore and harbor workers which are exempt from execution pursuant to 33 U.S.C. § 916;

(j) Annuities and benefits for retirement and disability of members of the foreign service which are exempt from execution pursuant to 22 U.S.C. § 4060;

(k) Compensation for injury, death or detention of employees of contractors with the United States outside the United States which is exempt from execution pursuant to 42 U.S.C. § 1717;

(l) Assistance for a disaster from the Federal Emergency Management Agency which is exempt from execution pursuant to 44 C.F.R. § 206.110;

(m) Black lung benefits paid to a miner or a miners surviving spouse or children pursuant to 30 U.S.C. § 922 or 931 which are exempt from execution; and

(n) Benefits provided pursuant to any other federal law.

If a writ of execution or garnishment is levied on the personal bank account of the judgment debtor and the provisions of subsection 1 do not apply, $400 or the entire amount in the account, whichever is less, is not subject to execution and must remain accessible to the judgment debtor, unless the writ of execution or garnishment is for the recovery of money owed for the support of any person.
If a judgment debtor has more than one personal bank account with the bank to which a writ is issued, the amount that is not subject to execution must not in the aggregate exceed the amount specified in subsection 1 or 2, as applicable.
A judgment debtor may apply to a court to claim an exemption for any amount subject to a writ levied on a personal bank account which exceeds the amount that is not subject to execution pursuant to subsection 1 or 2.
If money in the personal account of the judgment debtor which exceeds the amount that is not subject to execution pursuant to subsection 1 or 2 includes exempt and nonexempt money, the judgment debtor may claim an exemption for the exempt money in the manner set forth in NRS 21.112 . To determine whether such money in the account is exempt, the judgment creditor must use the method of accounting which applies the standard that the first money deposited in the account is the first money withdrawn from the account. The court may require a judgment debtor to provide statements from the bank which include all deposits into and withdrawals from the account for the immediately preceding 90 days.
A financial institution which makes a reasonable effort to determine whether money in the account of a judgment debtor is subject to execution for the purposes of this section is immune from civil liability for any act or omission with respect to that determination, including, without limitation, when the financial institution makes an incorrect determination after applying commercially reasonable methods for determining whether money in an account is exempt because the source of the money was not clearly identifiable or because the financial institution inadvertently misidentified the source of the money. If a court determines that a financial institution failed to identify that money in an account was not subject to execution pursuant to this section, the financial institution must adjust its actions with respect to a writ of execution as soon as possible but may not be held liable for damages.
Nothing in this section requires a financial institution to revise its determination about whether money is exempt, except by an order of a court.

(Added to NRS by 2011, 1888 )

NRS 212.137

NRS

212.137

Contractor defined.

Contractor means a person who provides services on a recurring basis to a prison pursuant to a contractual agreement with the Department of Corrections or the sheriff, chief of police or other officer responsible for the operation of the prison.

(Added to NRS by 2015, 897 )

NRS 212.187

NRS

212.187

Voluntary sexual conduct between prisoner and person other than employee of or contractor or volunteer for prison; penalty.

A prisoner who is in lawful custody or confinement, other than in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888 or residential confinement, and who voluntarily engages in sexual conduct with another person who is not an employee of or a contractor or volunteer for a prison is guilty of a category D felony and shall be punished as provided in NRS 193.130 .
Except as otherwise provided in NRS 212.188 , a person who voluntarily engages in sexual conduct with a prisoner who is in lawful custody or confinement, other than in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888 or residential confinement, is guilty of a category D felony and shall be punished as provided in NRS 193.130 .
As used in this section, sexual conduct:

(a) Includes acts of masturbation, sexual penetration or physical contact with another persons clothed or unclothed genitals or pubic area to arouse, appeal to or gratify the sexual desires of a person.

(b) Does not include acts of a person who has custody of a prisoner or an employee of or a contractor or volunteer for the prison in which the prisoner is confined that are performed to carry out the necessary duties of such a person, employee, contractor or volunteer.

(Added to NRS by 1981, 613 ; A 1997, 1643 ; 1999, 2882 ; 2001, 1164 , 1937 ;

2001 Special Session, 157 ; 2003, 26 , 29 ,

2581 ;

2013, 1169 ; 2015, 899 )

NRS 212.188

NRS

212.188

Sexual abuse of prisoner or unauthorized custodial conduct by employee of or contractor or volunteer for prison; penalties.

An employee of or a contractor or volunteer for a prison who voluntarily engages in, or attempts to engage in, with a prisoner who is in lawful custody or confinement, other than in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888 or residential confinement, any of the acts set forth in:

(a) Paragraph (a) of subsection 3, commits sexual abuse of a prisoner.

(b) Paragraph (b) of subsection 3, commits unauthorized custodial conduct.

Unless a greater penalty is provided pursuant to any other applicable provision of law, an employee of or a contractor or volunteer for a prison who commits:

(a) Sexual abuse of a prisoner is guilty of a category D felony and shall be punished as provided in NRS 193.130 .

(b) Unauthorized custodial conduct by engaging in any of the acts described in paragraph (b) of subsection 3 is guilty of a gross misdemeanor.

(c) Unauthorized custodial conduct by attempting to engage in any of the acts described in paragraph (b) of subsection 3 is guilty of a misdemeanor.

As used in this section:

(a) Sexual abuse:

(1) Includes any of the following acts between an employee of or a contractor or volunteer for a prison and a prisoner, regardless of whether the prisoner consents to the act:

(I) Sexual intercourse or anal intercourse, including penetration, however slight;

(II) Fellatio, cunnilingus or contact between the mouth and the anus;

(III) Penetration, however slight, of an object into the genital or anal opening of the body of a prisoner committed with the intent to abuse the prisoner or to arouse, appeal to or gratify the sexual desires of either person;

(IV) Any other intentional contact with a prisoners unclothed genitals, pubic area, anus, buttocks, inner thigh or breasts committed with the intent to abuse the prisoner or to arouse, appeal to or gratify the sexual desires of either person;

(V) Watching a prisoner change clothing or use a shower, toilet or urinal;

(VI) Requiring a prisoner to expose his or her genitals, buttocks or breasts; or

(VII) Capturing an image of the private area of a prisoner in violation of NRS 200.604 .

(2) Does not include acts of an employee of or a contractor or volunteer for the prison in which the prisoner is confined that are performed to carry out the official duties of such an employee, contractor or volunteer.

(b) Unauthorized custodial conduct:

(1) Includes any of the following acts between an employee of or a contractor or volunteer for a prison and a prisoner, regardless of whether the prisoner consents to the act:

(I) Contact between the mouth and any part of the body committed with the intent to abuse the prisoner or to arouse, appeal to or gratify the sexual desires of either person;

(II) Any other intentional contact with a prisoners clothed genitals, pubic area, anus, buttocks, inner thigh or breasts committed with the intent to abuse the prisoner or to arouse, appeal to or gratify the sexual desires of either person;

(III) Any threat or request by an employee or a contractor or volunteer to engage in any act described in sub-subparagraphs (I) or (II); or

(IV) Any display by an employee or a contractor or volunteer of his or her unclothed genitals, buttocks or breasts in the presence of a prisoner.

(Added to NRS by 2015, 897 )

NRS 226.826

NRS

226.826

Relation to other law.

To the extent possible, the provisions of NRS 226.700 to 226.832 , inclusive, are intended to supplement other statutory provisions governing the development, construction, repair, improvement, maintenance, decommissioning, operation and ownership of transportation facilities, utility infrastructure, water and wastewater infrastructure, renewable energy infrastructure, recycling and sustainability infrastructure, digital infrastructure, K-12 school facilities, social infrastructure or other infrastructure related to economic development and the issuance of bonds and other securities by this State or a political subdivision thereof, and such other provisions must be given effect to the extent that those provisions do not conflict with the provisions of NRS 226.700 to 226.832 , inclusive. If there is a conflict between such other provisions and the provisions of NRS 226.700 to 226.832 , inclusive, the provisions of NRS 226.700 to 226.832 , inclusive, control.
The provisions of NRS 338.013 to 338.090 , inclusive, apply to any contract for construction work on a qualified project if all or part of the costs of the qualified project are paid for using a loan or other financial assistance from the Bank. The Bank, the qualified borrower, any contractor who is awarded a contract or enters into an agreement to perform construction work on the qualified project, and any subcontractor who performs any portion of the construction work shall comply with the provisions of NRS 338.013 to 338.090 , inclusive, in the same manner as if a public body had undertaken the qualified project or had awarded the contract.

(Added to NRS by 2017, 4136 ; A 2021, 3815 , 3816 ;

2023, 2834 )—(Substituted in revision for NRS 408.55086)

NRS 228.420

NRS

228.420

Jurisdiction of Attorney General in cases involving industrial insurance fraud; establishment of Fraud Control Unit for Industrial Insurance; duties and powers.

The Attorney General has primary jurisdiction to investigate and prosecute any alleged criminal violations of NRS 616D.200 , 616D.220 , 616D.240 , 616D.300 , 616D.310 , 616D.350 to 616D.440 , inclusive, and any fraud in the administration of chapter 616A , 616B , 616C , 616D or 617 of NRS or in the provision of compensation required by chapters 616A to 617 , inclusive, of NRS.
For this purpose, the Attorney General shall establish within his or her office a Fraud Control Unit for Industrial Insurance. The Unit must consist of such persons as are necessary to carry out the duties set forth in this section, including, without limitation, an attorney, an auditor and an investigator.
The Attorney General, acting through the Unit established pursuant to subsection 2:

(a) Is the single state agency responsible for the investigation and prosecution of any alleged criminal violations of NRS 616D.200 , 616D.220 , 616D.240 , 616D.300 , 616D.310 , 616D.350 to 616D.440 , inclusive, and any fraud in the administration of chapter 616A , 616B , 616C , 616D or 617 of NRS or in the provision of compensation required by chapters 616A to 617 , inclusive, of NRS;

(b) Shall cooperate with the Division of Industrial Relations of the Department of Business and Industry, self-insured employers, associations of self-insured public or private employers, private carriers and other state and federal investigators and prosecutors in coordinating state and federal investigations and prosecutions involving violations of NRS 616D.200 , 616D.220 , 616D.240 , 616D.300 , 616D.310 , 616D.350 to 616D.440 , inclusive, and any fraud in the administration of chapter 616A , 616B , 616C , 616D or 617 of NRS or in the provision of compensation required by chapters 616A to 617 , inclusive, of NRS;

(c) Shall protect the privacy of persons who are eligible to receive compensation pursuant to the provisions of chapter 616A , 616B ,

616C , 616D

or 617 of NRS and establish procedures to prevent the misuse of information obtained in carrying out this section; and

(d) May, upon request, inspect the records of any self-insured employer, association of self-insured public or private employers, or private carrier, the Division of Industrial Relations of the Department of Business and Industry and the State Contractors Board to investigate any alleged violation of any of the provisions of NRS 616D.200 , 616D.220 , 616D.240 , 616D.300 , 616D.310 , 616D.350 to 616D.440 , inclusive, or any fraud in the administration of chapter 616A , 616B , 616C , 616D or 617 of NRS or in the provision of compensation required by chapters 616A to 617 , inclusive, of NRS.

When acting pursuant to this section or

NRS 228.175 or 228.410 , the Attorney General may commence an investigation and file a criminal action without leave of court, and has exclusive charge of the conduct of the prosecution.

The Attorney General shall report the name of any person who has been convicted of violating any of the provisions of

NRS 616D.200 , 616D.220 , 616D.240 , 616D.300 , 616D.310 , 616D.350 to 616D.440 , inclusive, to the occupational board or other entity that issued the persons license or certificate to provide medical care, remedial care or other services in this State.

The Attorney General shall establish a toll-free telephone number for persons to report information regarding alleged violations of any of the provisions of NRS 616D.200 , 616D.220 , 616D.240 , 616D.300 , 616D.310 , 616D.350 to 616D.440 , inclusive, and any fraud in the administration of chapter 616A , 616B , 616C , 616D or 617 of NRS or in the provision of compensation required by chapters 616A to 617 , inclusive, of NRS.
As used in this section:

(a) Association of self-insured private employers has the meaning ascribed to it in NRS 616A.050 .

(b) Association of self-insured public employers has the meaning ascribed to it in NRS 616A.055 .

(d) Self-insured employer has the meaning ascribed to it in NRS 616A.305 .

(Added to NRS by 1993, 773 ; A 1993, 799 ; 1995, 649 , 1878 ,

2038 ;

1997, 579 ; 1999, 1808 ; 2011, 844 ; 2017, 4237 )

DOMESTIC VIOLENCE, SEXUAL ASSAULT AND HUMAN TRAFFICKING

General Provisions

NRS 231.0545

NRS

231.0545

Executive Director of Office of Economic Development: Formation of nonprofit corporation to promote, aid and encourage economic development; regulations.

After considering any advice and recommendations of the Board, the Executive Director may:

(a) Propose to the Board the formation of a nonprofit corporation that is exempt from federal income taxation, the purpose of which is to promote, aid and encourage economic development in this State or a locality or region of this State; and

(b) Upon approval of a proposal by the Board, cause such a corporation to be formed.

The Board shall:

(a) Review each proposal by the Executive Director pursuant to subsection 1; and

(b) As the Board determines to be in the best interests of this State, approve, disapprove or modify the proposal made by the Executive Director.

A nonprofit corporation formed pursuant to this section must have a board of directors consisting of:

(a) The Executive Director.

(b) Four members from the private sector who have at least 10 years of experience in the field of investment, finance, accounting, technology, commercialization or banking, appointed by the Executive Director, with the approval of the Board.

(d) One member appointed by the Senate Majority Leader.

The Executive Director shall serve as chair of the board of directors of the nonprofit corporation formed pursuant to this section.
Except as otherwise provided in this subsection, each member appointed to the board of directors of the nonprofit corporation formed pursuant to this section serves a term of 4 years. Two of the initial members of the board of directors who are appointed pursuant to paragraph (b) of subsection 3 must be appointed to an initial term of 2 years.
Each member of the board of directors of the nonprofit corporation formed pursuant to this section continues in office until a successor is appointed. Members of the board of directors may be reappointed for additional terms of 4 years in the same manner as the original appointments.
Vacancies in the appointed positions on the board of directors of the nonprofit corporation formed pursuant to this section must be filled by the appointing authority for the unexpired term.
The members of the board of directors of the corporation formed pursuant to this section must serve without compensation but are entitled to be reimbursed for actual and necessary expenses incurred in the performance of their duties, including, without limitation, travel expenses.
A member of the board of directors of the corporation formed pursuant to this section must not have an equity interest in any:

(a) External asset manager or venture capital or private equity investment firm contracting with the nonprofit corporation; or

(b) Business which receives private equity funding from the nonprofit corporation.

The nonprofit corporation shall keep confidential any record or other document of a client which is in its possession to the same extent that the record or other document would be required to be kept confidential pursuant to NRS 231.069 .
The board of directors of the nonprofit corporation formed pursuant to this section shall, on or before December 1 of each year, provide an annual report to the Governor and the Director of the Legislative Counsel Bureau for transmission to the next session of the Legislature, if the report is submitted in an even-numbered year or to the Legislative Commission, if the report is submitted in an odd-numbered year. The report must include, without limitation:

(a) An accounting of all money received and expended by the nonprofit corporation, including, without limitation, any matching grant funds, gifts or donations; and

(b) The name and a brief description of all businesses receiving an investment of money from the nonprofit corporation formed pursuant to this section.

Under the direction of the Executive Director, the Office shall adopt regulations prescribing:

(a) The means by which the Office will verify that a nonprofit corporation formed pursuant to this section furthers the public interest in economic development and ensure that the nonprofit corporation carries out such a purpose; and

(b) The procedures the Office will follow to ensure that the records and documents that are confidential pursuant to NRS 231.069 will be kept confidential when the records or other documents are used by a nonprofit corporation created pursuant to this section.

(Added to NRS by 2015, 701 )

NRS 231.14065

NRS

231.14065

Establishment of outreach program in consultation with Department of Business and Industry and Purchasing Division and State Public Works Division of the Department of Administration; use of list of businesses.

The Office shall, in consultation with the Department of Business and Industry, establish an outreach program for local emerging small businesses to connect those businesses with state agencies seeking state purchasing contracts and contracts for public works of this State. To the extent practicable, such an outreach program must include private contractors to increase the awareness of those private contractors of the option of using local emerging small businesses to fulfill the contract needs of the private contractors.
The Office shall encourage the Purchasing Division of the Department of Administration and the State Public Works Division of the Department of Administration to:

(a) Use the list of the local emerging small businesses compiled by the Office pursuant to NRS 231.14055 ; and

(b) Develop outreach programs for local emerging small businesses.

(Added to NRS by 2013, 3693 )

NRS 232.0081

NRS

232.0081

Language access plan: Development and biennial revision; requirements; public comment; legislative recommendations; inclusion of necessary funding in proposed budget of agency.

The head of each agency of the Executive Department shall designate one or more employees of the agency to be responsible for developing and biennially revising a language access plan for the agency that meets the requirements of subsection 2.
A language access plan must assess existing needs of persons served by the agency for language services and the degree to which the agency has met those needs. The plan must include recommendations to expand language services if needed to improve access to the services provided by the agency. The plan must:

(a) Outline the compliance of the agency and any contractors, grantees, assignees, transferees or successors of the agency with existing federal and state laws and regulations and any requirements associated with funding received by the agency concerning the availability of language services and accessibility of the services provided by the agency or any contractors, grantees, assignees, transferees or successors to persons with limited English proficiency;

(b) List the relevant demographics of persons served by or eligible to receive services from the agency, including, without limitation:

(1) The types of services received by such persons or for which such persons are eligible;

(2) The preferred language and literacy level of such persons;

(3) The ability of such persons to access the services of the agency electronically;

(4) The number and percentage of such persons who are indigenous; and

(5) The number and percentage of such persons who are refugees;

(1) Procedures for designating certain information and documents as vital and providing such information and documents to persons served by the agency in the preferred language of such persons, in aggregate and disaggregated by language and type of service to which the information and documents relate;

(2) Oral language services offered by language and type;

(3) A comparison of the number of employees of the agency who regularly have contact with the public to the number of such employees who are fluent in more than one language, in aggregate and disaggregated by language;

(4) A description of any position at the agency designated for a dual-role interpreter;

(5) Procedures and resources used by the agency for outreach to persons with limited English proficiency who are served by the agency or eligible to receive services from the agency, including, without limitation, procedures for building relationships with community-based organizations that serve such persons; and

(6) Any resources made available to employees of the agency related to cultural competency;

(d) Provide an inventory of the training and resources provided to employees of the agency who serve persons with limited English proficiency, including, without limitation, training and resources regarding:

(1) Obtaining language services internally or from a contractor;

(2) Responding to persons with limited English proficiency over the telephone, in writing or in person;

(3) Ensuring the competency of interpreters and translation services;

(4) Recording in the electronic records of the agency that a person served by the agency is a person with limited English proficiency, the preferred language of the person and his or her literacy level in English and in his or her preferred language;

(5) Communicating with the persons in charge of the agency concerning the needs of the persons served by and eligible to receive the services from the agency for language services; and

(6) Notifying persons with limited English proficiency who are eligible for or currently receiving services from the agency of the services available from the agency in the preferred language of those persons at a literacy level and in a format that is likely to be understood by such persons; and

(e) Identify areas in which the services described in paragraph (c) and the training and resources described in paragraph (d) do not meet the needs of persons with limited English proficiency served by the agency, including, without limitation:

(1) Estimates of additional funding required to meet those needs;

(2) Targets for employing persons who are fluent in more than one language;

(3) Additional requirements necessary to ensure:

(I) Adequate credentialing and oversight of translators and interpreters employed by or serving as independent contractors for the agency; and

(II) That translators and interpreters used by the agency adequately represent the preferred languages spoken by persons served by the agency or eligible to receive services from the agency; and

(4) Additional requirements, trainings, incentives and recruiting initiatives to employ or contract with interpreters who speak the preferred languages of persons with limited English proficiency who are eligible for or currently receiving services from the agency and ways to partner with entities involved in workforce development in imposing those requirements, offering those trainings and incentives and carrying out those recruiting initiatives.

If there is insufficient information available to develop or update the language access plan in accordance with the requirements of this section, the employee or employees designated pursuant to subsection 1 shall develop procedures to obtain that information and include the information in any revision to the language access plan.
Each agency of the Executive Department shall:

(a) Solicit public comment concerning the language access plan developed pursuant to this section and each revision thereof;

(b) Make recommendations to the Legislature concerning any statutory changes necessary to implement or improve a language access plan; and

(c) Include any funding necessary to carry out a language access plan, including, without limitation, any additional funding necessary to meet the needs of persons with limited English proficiency served by the agency as identified pursuant to paragraph (e) of subsection 2, in the proposed budget for the agency submitted pursuant to NRS 353.210 .

As used in this section:

(a) Agency of the Executive Department means an agency, board, commission, bureau, council, department, division, authority or other unit of the Executive Department of the State Government. The term does not include the Nevada System of Higher Education.

(b) Dual-role interpreter means a multilingual employee who:

(1) Has been tested for language skills and trained as an interpreter; and

(2) Engages in interpreting as part of his or her job duties.

(d) Oral language services means services to convey verbal information to persons with limited English proficiency. The term:

(1) Includes, without limitation, staff interpreters, dual-role interpreters, other multilingual employees, telephone interpreter programs, audiovisual interpretation services and non-governmental interpreters.

(2) Does not include family members, friends and other acquaintances of persons with limited English proficiency who have no formal training in interpreting.

(e) Person with limited English proficiency means a person who reads, writes or speaks a language other than English and who cannot readily understand or communicate in the English language in written or spoken form, as applicable, based on the manner in which information is being communicated.

(f) Translation services means services used to provide written information to persons with limited English proficiency. The term does not include translation tools that are accessed using the Internet.

(Added to NRS by 2021, 3234 ; A 2021, 3237 )

NRS 232.1585

NRS

232.1585

Off-Highway Vehicles Program: Creation; administration; technical advisory committee; report; budget; regulations.

The Off-Highway Vehicles Program is hereby created in the Department. The Director shall administer the Program. The Commission on Off-Highway Vehicles created by NRS 490.067 shall provide direction to the Program pursuant to its authority and duties provided in NRS 490.068 and 490.069 .
In administering the Program, the Director shall, within the limits of authorized expenditures:

(a) Administer the Account for Off-Highway Vehicles created by NRS 490.069 ; and

(b) Provide staff to the Commission on Off-Highway Vehicles for the purposes of:

(1) Providing assistance, support and technical advice to the Commission; and

(2) Assisting in the coordination of the activities and duties of the Commission.

The Director may form a technical advisory committee as needed to provide input to the Commission on Off-Highway Vehicles regarding the completeness and merit of applications received by the Commission for a grant from the Account for Off-Highway Vehicles.
The Director shall prepare, for each regular session of the Legislature, a comprehensive report that includes, without limitation:

(a) The general activities of the Commission on Off-Highway Vehicles;

(b) The fiscal activities of the Commission on Off-Highway Vehicles; and

Ê Upon completion of the report, the Director shall submit the report to the Chair of the Commission on Off-Highway Vehicles for review pursuant to NRS 490.068 .

The Director shall include in his or her budget the money necessary, within the limits of legislative authorizations for the Account for Off-Highway Vehicles, for:

(a) The operating expenses of the Commission on Off-Highway Vehicles;

(b) The administrative expenses of the Program to carry out the provisions of this section; and

The Director may adopt regulations for the operation of the Commission on Off-Highway Vehicles and the Program.
As used in this section:

(a) Administrative expenses includes, without limitation, hiring any staff necessary to carry out the provisions of this section.

(b) Operating expenses includes, without limitation, any costs of contracting with a third party to provide education and information to the members of the public relating to the provisions of chapter 490 of NRS governing the lawful use and registration of off-highway vehicles.

(Added to NRS by 2017, 3317 )

NRS 232.3602

NRS

232.3602

Authority to enter; required provisions; procedure for award; reports.

The Director may enter into a success contract with a person or local government to accomplish any purpose within the jurisdiction of the Department or any of its divisions. Each success contract must include:

(a) A requirement that payment be conditioned on achieving specific outcomes based on defined performance targets;

(b) An objective process by which an independent evaluator will determine whether the performance targets have been met;

(d) A schedule that prescribes the dates by which each performance target must be achieved, the date by which each payment must be made and the amount of each payment;

(e) A description of the investments that the person or local government will solicit to raise the money necessary to finance the cost of services and a provision prohibiting investors from earning a return on investment that exceeds 10 percent per year;

(f) Procedures by which either party may terminate the contract early and a transition plan to prevent or mitigate any adverse impact resulting from early termination; and

(g) A prohibition on any investor having input concerning the manner in which services are provided pursuant to the contract after the contract becomes effective.

A success contract must be awarded through a competitive bidding process conducted in accordance with the provisions of chapter 333 of NRS. The Director may issue a request for proposals on his or her own volition or after receiving input from any person or entity. Each request for proposals must describe the services to be provided pursuant to the contract, the desired outcomes and the proposed duration of the contract.
Before entering into a success contract, the Director must:

(a) Determine that entering into the contract will improve the services provided pursuant to the contract and reduce the costs of the Department for providing the services;

(b) Determine that the success contract will not create a conflict of interest for any employee or independent contractor of the Department or any other person or entity; and

For each success contract entered into pursuant to this section, the Department shall publish on its Internet website a report that sets forth the rationale for entering into the contract and the basis for that rationale.
On or before October 1 of each even numbered year, the Director shall submit to the director of the Legislative Counsel Bureau for transmission to the Legislature a report concerning each success contract in effect at any point during the 2 immediately preceding fiscal years. The report must include the outcomes of each such contract, including the estimated costs saved by the State because of the contract.

(Added to NRS by 2017, 3191 )

NRS 232.478

NRS

232.478

Manager: Duties.

The Manager shall:

Ensure that the purposes of the Office are carried out;
Direct and supervise all the technical and administrative activities of the Office;
Attend the meetings of the Advisory Committee;
Provide administrative support to the Advisory Committee as necessary to carry out the duties of the Advisory Committee;
Request and consider the advice of the Advisory Committee concerning matters of policy;
Serve as the contracting officer for the Office to receive money from the Federal Government or any other source; and
Act as liaison between the Office, members of minority groups, and public and private entities offering health care services primarily to those members or offering health care information of interest to those members.

(Added to NRS by 2005, 2435 ; A 2017, 2408 )

NRS 232.8415

NRS

232.8415

Duties relating to regulation of occupations and professions; professional and occupational licensing boards within purview of Office.

The Office of Nevada Boards, Commissions and Councils Standards shall be responsible for:

(a) Centralized administration;

(b) A uniform set of standards for investigations, licensing and discipline, including, without limitation, separating the roles and responsibilities for occupational licensure from the roles and responsibilities for occupational discipline;

(d) A uniform set of standards for legal representation;

(e) A consistent set of structural standards for boards and commissions;

(f) Transparency and consumer protection; and

(g) Efficacy and efficiency.

To the extent permitted by the Nevada Constitution and federal law, all professional and occupational licensing boards created by the Legislature shall be under the purview of the Office, including, without limitation:

(a) The Nevada State Board of Accountancy created by NRS 628.035 .

(b) The Board of Examiners for Alcohol, Drug and Gambling Counselors created by NRS 641C.150 .

(d) The Board of Athletic Trainers created by NRS 640B.170 .

(e) The State Barbers Health and Sanitation Board created by NRS 643.020 .

(f) The Board of Applied Behavior Analysis created by NRS 641D.200 .

(g) The Chiropractic Physicians Board of Nevada created by NRS 634.020 .

(h) The State Contractors Board created by NRS 624.040 .

(i) The Commission on Construction Education created by NRS 624.570 .

(j) The State Board of Cosmetology created by NRS 644A.200 .

(k) The Certified Court Reporters Board of Nevada created by NRS 656.040 .

(l) The Board of Dental Examiners of Nevada created by NRS 631.120 .

(m) The Committee on Dental Hygiene and Dental Therapy created by NRS 631.205 .

(n) The State Board of Professional Engineers and Land Surveyors created by NRS 625.100 .

(o) The Nevada Funeral and Cemetery Services Board created by NRS 642.020 .

(p) The Nevada Board of Homeopathic Medical Examiners created pursuant to NRS 630A.100 .

(q) The State Board of Landscape Architecture created by NRS 623A.080 .

(r) The Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors created by NRS 641A.090 .

(s) The Board of Massage Therapy created by NRS 640C.150 .

(t) The Board of Medical Examiners created pursuant to NRS 630.050 .

(u) The State Board of Nursing created by NRS 632.020 .

(v) The Advisory Committee on Nursing Assistants and Medication Aides created by NRS 632.072 .

(w) The Board of Occupational Therapy created by NRS 640A.080 .

(x) The Board of Dispensing Opticians created by NRS 637.030 .

(y) The Nevada State Board of Optometry created by NRS 636.030 .

(z) The State Board of Oriental Medicine created by NRS 634A.030 .

(aa) The State Board of Osteopathic Medicine created pursuant to NRS 633.181 .

(bb) The Commission on Postsecondary Education created by NRS 394.383 .

(cc) The State Board of Pharmacy created by NRS 639.020 .

(dd) The Nevada Physical Therapy Board created by

NRS 640.030 .

(ee) The State Board of Podiatry created by NRS 635.020 .

(ff) The Private Investigators Licensing Board created by NRS 648.020 .

(gg) The Board of Psychological Examiners created by NRS 641.030 .

(hh) The Board of Environmental Health Specialists created by NRS 625A.030 .

(ii) The Board of Examiners for Social Workers created pursuant to NRS 641B.100 .

(jj) The Speech-Language Pathology, Audiology and Hearing Aid Dispensing Board created by NRS 637B.100 .

(kk) The Nevada State Board of Veterinary Medical Examiners created by NRS 638.020 .

(Added to NRS by 2023, 3548 )

Office of Ombudsman of Consumer Affairs for Minorities

NRS 240.201

NRS

240.201

Duty to keep electronic journal of electronic notarial acts; suspension of registration for failure to produce electronic journal entry; period of retention of notarial records upon surrender, revocation or expiration of registration.

An electronic notary public shall keep an electronic journal of each electronic notarial act which includes, without limitation, the requirements of subsections 1 and 5 of NRS 240.120 , but does not include the electronic signatures of the person for whom the electronic notarial act was performed and any witnesses.
An electronic notary public who performs electronic notarial acts shall:

(a) Describe each electronic notarial act in the electronic journal and specify whether the electronic notarial act was performed using audio-video communication;

(b) Maintain and protect the electronic journal at all times under his or her sole control; and

An electronic notary public may maintain more than one electronic journal to record electronic notarial acts.
The fact that the employer or contractor of an electronic notary public keeps a record of electronic notarial acts does not relieve the electronic notary public of the duties required by this section.
An electronic journal must:

(a) Enable access by a password or other secure means of authentication; and

(b) Be capable of providing tangible or electronic copies of any entry made therein.

The Secretary of State may suspend the registration of an electronic notary public who fails to produce any electronic journal entry within 10 days after receipt of a request from the Secretary of State.
Upon surrender, revocation or expiration of a registration as an electronic notary public, all notarial records required pursuant to NRS 240.001

to 240.206 , inclusive, must, except as otherwise provided by law, be kept by the electronic notary public for a period of 7 years after the termination of the registration of the electronic notary public.

As used in this section, sole control means being in the direct physical custody of or safeguarded by an electronic notary public with a password or other secure means of authentication.

(Added to NRS by 2009, 3024 ; A 2011, 1613 ; 2017, 84 , 3454 ,

3457 )

NRS 242.131

NRS

242.131

Services provided for agencies and elected officers of State: Negotiation; withdrawal; contracts to provide services.

The Office shall provide state agencies and elected state officers with all their required design of information systems. All agencies and officers must use those services and equipment, except as otherwise provided in subsection 2.
The following agencies may negotiate with the Office for its services or the use of its equipment, subject to the provisions of this chapter, and the Office shall provide those services and the use of that equipment as may be mutually agreed:

(a) The Court Administrator;

(b) The Department of Motor Vehicles;

(d) The Department of Transportation;

(e) The Employment Security Division of the Department of Employment, Training and Rehabilitation;

(f) The Department of Wildlife;

(g) The Housing Division of the Department of Business and Industry;

(h) The Legislative Counsel Bureau;

(i) The State Controller;

(j) The Nevada Gaming Control Board and Nevada Gaming Commission; and

(k) The Nevada System of Higher Education.

Any state agency or elected state officer who uses the services of the Office and desires to withdraw substantially from that use must apply to the Chief for approval. The application must set forth justification for the withdrawal. If the Chief denies the application, the agency or officer must:

(a) If the Legislature is in regular or special session, obtain the approval of the Legislature by concurrent resolution.

(b) If the Legislature is not in regular or special session, obtain the approval of the Interim Finance Committee. The Chief shall, within 45 days after receipt of the application, forward the application together with his or her recommendation for approval or denial to the Interim Finance Committee. The Interim Finance Committee has 45 days after the application and recommendation are submitted to its Secretary within which to consider the application. Any application which is not considered by the Committee within the 45-day period shall be deemed approved.

If the demand for services or use of equipment exceeds the capability of the Office to provide them, the Office may contract with other agencies or independent contractors to furnish the required services or use of equipment and is responsible for the administration of the contracts.

(Added to NRS by 1965, 972 ; A 1969, 933 ; 1973, 1462 ; 1979, 1789 ; 1981, 1144 , 1521 ,

1831 ;

1985, 1981 ; 1991, 1577 ; 1993, 370 , 1542 ;

1995, 586 ; 1999, 1662 , 1811 ;

2001, 2591 ; 2003, 1559 , 2194 ;

2023, 3560 )

NRS 244.184

NRS

244.184

Language access plan: Development and biennial revision; requirements; public comment; inclusion of necessary funding in proposed budget of county; submission to Office for New Americans.

Each board of county commissioners shall designate one or more employees of the county to be responsible for developing and biennially revising a language access plan for the county that meets the requirements of subsection 2.
A language access plan must assess existing needs of the residents of the county for language services and the degree to which the county has met those needs. The plan must include recommendations to expand language services, if needed, to improve access to the services provided by the county. The plan must:

(a) Outline the compliance of the county and any contractors, grantees, assignees, transferees or successors of the county with existing federal and state laws and regulations and any requirements associated with funding received by the county concerning the availability of language services and accessibility of the services provided by the county or any contractors, grantees, assignees, transferees or successors to residents of the county who are persons with limited English proficiency;

(b) Provide an inventory of language services currently provided by the county, including, without limitation:

(1) Procedures for designating certain information and documents as vital and providing such information and documents to residents served by the county in the preferred language of such persons, in aggregate and disaggregated by language and type of service to which the information and documents relate;

(2) Oral language services offered by language and type;

(3) Procedures and resources used by the county for outreach to persons with limited English proficiency who are residents of the county, including, without limitation, procedures for building relationships with community-based organizations that serve such persons; and

(4) Any resources made available to employees of the county related to cultural competency;

(c) Provide an inventory of the training and resources provided to employees of the county who serve residents who are persons with limited English proficiency, including, without limitation, training and resources regarding:

(1) Obtaining language services internally or from a contractor;

(2) Responding to persons with limited English proficiency over the telephone, in writing or in person;

(3) Recording in the electronic records of the county that a resident served by the county is a person with limited English proficiency, the preferred language of the person and his or her literacy level in English and in his or her preferred language;

(4) Communicating with the board concerning the needs of the residents served by and eligible to receive any services from the county for language services; and

(5) Notifying residents who are persons with limited English proficiency who are eligible for or currently receiving services from the county of the services available from the county in the preferred language of those residents at a literacy level and in a format that is likely to be understood by those residents; and

(d) Identify areas in which the services described in paragraph (b) and the training and resources described in paragraph (c) do not meet the needs of residents who are persons with limited English proficiency in the county, including, without limitation:

(1) Estimates of additional funding required to meet those needs;

(2) Targets for employing persons who are fluent in more than one language;

(3) Additional requirements necessary to ensure:

(I) Adequate credentialing and oversight of translators and interpreters employed by or serving as independent contractors for the county; and

(II) That translators and interpreters used by the county adequately represent the preferred languages spoken by residents of the county; and

(4) Additional requirements, trainings, incentives and recruiting initiatives to employ or contract with interpreters who speak the preferred language of residents who are persons with limited English proficiency who are eligible for or currently receiving services from the county and ways to partner with entities involved in workforce development in imposing those requirements, offering those trainings and incentives and carrying out those recruiting initiatives.

If there is insufficient information available to develop or update the language access plan in accordance with the requirements of this section, the employee or employees designated pursuant to subsection 1 shall develop procedures to obtain that information and include the information in any revision to the language access plan.
Each board of county commissioners shall:

(a) Solicit public comment concerning the language access plan developed pursuant to this section and each revision thereof; and

(b) Include any funding necessary to carry out a language access plan, including, without limitation, any additional funding necessary to meet the needs of residents who are persons with limited English proficiency served by the county as identified pursuant to paragraph (d) of subsection 2, in the proposed budget for the county.

On or before August 1 of each even-numbered year, each board of county commissioners shall submit the language access plan developed and revised pursuant to subsection 1 to the Office for New Americans created in the Office of the Governor pursuant to NRS 223.910 .
As used in this section:

(a) Language services has the meaning ascribed to it in NRS 232.0081 .

(b) Oral language services has the meaning ascribed to it in NRS 232.0081 .

(d) Translation services has the meaning ascribed to it in NRS 232.0081 .

(Added to NRS by 2023, 2940 )

NRS 244.273

NRS

244.273

Use of county equipment on private road; conditions.

Except as otherwise provided in NRS 244.2731 , the board of county commissioners of each county may authorize the use of county highway patrols and snowplows on private roads if:

The board declares an emergency; or
The board deems such use to be in the best interest of the county in the absence of a contractor that is licensed to perform the work. The board shall not deem such use to be in the best interest of the county unless:

(a) The equipment is being used for routine county business in the area where the private roads are located; and

(b) The use of the equipment on private roads does not interfere with the normal operations of the county.

Ê If the board authorizes the use of a county highway patrol or snowplow on a private road pursuant to this section, the equipment must be operated by an employee of the county. The board may require the owner of the road to pay the county the prevailing rental rate for the use of such equipment.

(Added to NRS by 1959, 496 ; A 1995, 68 ; 2013, 900 )

NRS 244.2731

NRS

244.2731

Use of county equipment and county highway patrols in certain counties.

In a county whose population is less than 15,000, the board of county commissioners may authorize the use of:

County equipment on the property of any local government that is located within the county if:

(a) The board adopts an ordinance which sets forth its determination that such use is in the best interest of the county.

(b) The board and the governing body of the local government enter into an interlocal agreement providing for the reimbursement of the county for the use of such equipment and related labor costs.

County highway patrols and county equipment on any private road that is located within the county if:

(a) The board declares an emergency; or

(b) The board adopts an ordinance which sets forth its determination that such use is in the best interest of the county in the absence of a contractor that is licensed to perform the work.

Ê If the board authorizes the use of a county highway patrol or county equipment on a private road pursuant to this subsection, the equipment must be operated by an employee of the county. The board may require the owner of the road to pay the county for the use of the equipment and related labor costs.

(Added to NRS by 2013, 899 )

NRS 244.286

NRS

244.286

Lease or lease-purchase agreement for construction or remodeling of building or facility; conveyance of property; applicability of certain provisions to agreement for construction or remodeling of building or facility.

The board of county commissioners of any county may enter into an agreement with a person whereby the person agrees to construct or remodel a building or facility according to specifications adopted by the board of county commissioners and thereupon enter into a lease or a lease-purchase agreement with the board of county commissioners for that building or facility.
The board of county commissioners may convey property to a person where the purpose of the conveyance is the entering into of an agreement contemplated by subsection 1.
The person who enters into an agreement for the actual construction or remodeling of a building or facility pursuant to subsection 1 shall include in the agreement the contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to the provisions of NRS 338.013

to 338.090 , inclusive.

The board of county commissioners, the contractor who is awarded the contract or entered into the agreement to perform the construction or remodeling and any subcontractor on the project shall comply with the provisions of NRS 338.013

to 338.090 , inclusive, in the same manner as if the board of county commissioners had undertaken the project or had awarded the contract.

(Added to NRS by 1969, 1234 ; A 1969, 1545 ; 1979, 511 ; 1989, 1944 ; 1999, 1688 ; 2009, 2070 )

NRS 244.335

NRS

244.335

Powers of commissioners and county license boards; application for certain licenses; license tax as lien; confidential information.

Except as otherwise provided in subsections 2, 3, 4 and 9, and NRS 244.33501 , 244.35253 , 244.3535 and 244.35351 to 244.35359 , inclusive, a board of county commissioners may:

(a) Except as otherwise provided in NRS 244.331 to 244.3345 , inclusive, 598D.150 and 640C.100 , 244.35481 to 244.35488 , inclusive, regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in its county outside of the limits of incorporated cities and towns.

(b) Except as otherwise provided in NRS 244.3359 and 576.128 , fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.

The county license boards have the exclusive power in their respective counties to regulate entertainers employed by an entertainment by referral service and the business of conducting a dancing hall, escort service, entertainment by referral service or gambling game or device permitted by law, outside of an incorporated city. The county license boards may fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such employment and businesses.
A board of county commissioners shall not require that a person who is licensed as a contractor pursuant to chapter 624 of NRS obtain more than one license to engage in the business of contracting or pay more than one license tax related to engaging in the business of contracting, regardless of the number of classifications or subclassifications of licensing for which the person is licensed pursuant to chapter 624 of NRS.
The board of county commissioners or county license board shall not require a person to obtain a license or pay a license tax on the sole basis that the person is a professional. As used in this subsection, professional means a person who:

(a) Holds a license, certificate, registration, permit or similar type of authorization issued by a regulatory body as defined in NRS 622.060 or who is regulated pursuant to the Nevada Supreme Court Rules; and

(b) Practices his or her profession for any type of compensation as an employee.

The county license board shall provide upon request an application for a state business license pursuant to chapter 76 of NRS. No license to engage in any type of business may be granted unless the applicant for the license:

(a) Signs an affidavit affirming that the business has complied with the provisions of chapter 76 of NRS; or

(b) Provides to the county license board the business identification number of the applicant assigned by the Secretary of State pursuant to NRS 225.082 which the county may use to validate that the applicant is currently in good standing with the State and has complied with the provisions of chapter 76 of NRS.

No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license:

(a) Presents written evidence that:

(1) The Department of Taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or

(2) Another regulatory agency of the State has issued or will issue a license required for this activity; or

Any license tax levied for the purposes of NRS 244.3358 or 244A.597 to 244A.655 , inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien has the same priority as a lien for general taxes. The lien must be enforced:

(a) By recording in the office of the county recorder, within 6 months after the date on which the tax became delinquent or was otherwise determined to be due and owing, a notice of the tax lien containing the following:

(1) The amount of tax due and the appropriate year;

(2) The name of the record owner of the property;

(3) A description of the property sufficient for identification; and

(4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and

(b) By an action for foreclosure against the property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.

The board of county commissioners may delegate the authority to enforce liens from taxes levied for the purposes of NRS 244A.597 to 244A.655 , inclusive, to the county fair and recreation board. If the authority is so delegated, the board of county commissioners shall revoke or suspend the license of a business upon certification by the county fair and recreation board that the license tax has become delinquent, and shall not reinstate the license until the tax is paid. Except as otherwise provided in NRS 239.0115 and 244.3357 , all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244A.597 to 244A.655 , inclusive, is confidential and must not be disclosed by any member, officer or employee of the county fair and recreation board or the county imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the Department of Taxation or Secretary of State for the exchange of information concerning taxpayers.
Except as otherwise provided by regulations adopted by the Cannabis Compliance Board pursuant to NRS 678B.645 , a board of county commissioners shall not license or otherwise allow a person to operate a business that allows cannabis, as defined in NRS 678A.085 , or cannabis products, as defined in NRS 678A.120 , to be consumed on the premises of the business, other than a cannabis consumption lounge, as defined in NRS 678A.087 , in accordance with the provisions of chapter 678B

of NRS.

[Part 8:80:1865; A 1871, 47 ; 1931, 52 ; 1933, 203 ; 1953, 681 ]—(NRS A 1959, 220 ; 1961, 364 ; 1963, 794 ; 1971, 497 ; 1973, 324 ; 1977, 818 ; 1979, 727 ; 1983, 759 ; 1985, 386 ; 1987, 2306 ; 1989, 242 , 906 ,

1970 ;

1991, 27 , 165 ,

2461 ;

1993, 2651 ; 1995, 2803 ; 1997, 3167 ; 2003, 2894 ; 2003, 20th Special Session, 192 ; 2005, 729 , 1134 ,

2335 ;

2007, 2081 ; 2009, 2046 ; 2011, 3587 ; 2015, 2663 , 3365 ;

2017, 11 , 2572 ,

3669 ,

3713 ,

3734 ;

2019, 3852 ; 2021, 2379 , 2388 ;

2023, 1435 )

NRS 244.33501

NRS

244.33501

Multijurisdictional business license for certain contractors: Interlocal agreement; ordinance establishing system for issuance; eligibility.

The board of county commissioners in each county whose population is 700,000 or more shall enter into an agreement in accordance with the provisions of NRS 277.080 to 277.180 , inclusive, with the governing body of each city whose population is 150,000 or more located within the county and with the governing body of each city located within the county whose population is less than 150,000 who chooses to enter into such an agreement for the establishment of a business license to authorize a person who is licensed as a contractor pursuant to chapter 624 of NRS to engage in the business of contracting within the county and each of those cities.
The agreement required pursuant to subsection 1 must set forth the purposes, powers, rights, obligations and responsibilities, financial and otherwise, of the county and each city that enters into the agreement.
Upon entering into the agreement required pursuant to subsection 1, the board of county commissioners shall establish by ordinance a system for issuing such a business license that authorizes a person who is licensed as a contractor pursuant to chapter 624 of NRS to engage in the business of contracting within the county and each city that entered into the agreement pursuant to subsection 1 and in which the person intends to conduct business.
An ordinance adopted pursuant to the provisions of subsection 3 must include, without limitation:

(a) The requirements for obtaining the business license;

(b) The fees for the issuance and renewal of the business license; and

A person who is licensed as a contractor pursuant to chapter 624 of NRS is eligible to obtain from the county a business license that authorizes the person to engage in the business of contracting within the county and each city located in the county which enters into an agreement pursuant to subsection 1 and in which the person intends to conduct business if the person meets the requirements set forth in the ordinance to qualify for the license and:

(a) The person maintains only one place of business within the county and the place of business is located within the unincorporated area of the county;

(b) The person maintains more than one place of business within the county and each of those places of business is located within the unincorporated area of the county; or

A person who obtains a business license described in this section is subject to all other licensing and permitting requirements of the State and any other counties and cities in which the person does business.

(Added to NRS by 2011, 3586 )

NRS 247.306

NRS

247.306

Account for acquisition or improvement of technology used in recorders office; annual report.

If a county recorder imposes an additional fee pursuant to subsection 2 of NRS 247.305 , the proceeds collected from such a fee must be accounted for separately in the county general fund. Any interest earned on money in the account, after deducting any applicable charges, must be credited to the account. Money that remains in the account at the end of a fiscal year does not revert to the county general fund, and the balance in the account must be carried forward to the next fiscal year.
The money in the account must be used only to acquire technology for or improve the technology used in the office of the county recorder, including, without limitation, costs related to acquiring or improving technology for converting and archiving records, purchasing hardware and software, maintaining the technology, training employees in the operation of the technology and contracting for professional services relating to the technology.
The county recorder shall submit an annual report to the board of county commissioners of the county which contains:

(a) An estimate of the proceeds that the county recorder will collect from the additional fee imposed pursuant to subsection 2 of NRS 247.305 in the following fiscal year; and

(b) A proposal for expenditures of the proceeds from the additional fee imposed pursuant to subsection 2 of NRS 247.305 for the costs related to the technology required for the office of the county recorder for the following fiscal year.

(Added to NRS by 2001, 3208 )

NRS 250.085

NRS

250.085

Account for the Acquisition and Improvement of Technology in the Office of the County Assessor.

The board of county commissioners of each county shall by ordinance create in the county general fund an account to be designated as the Account for the Acquisition and Improvement of Technology in the Office of the County Assessor.
The money in the Account:

(a) Must be accounted for separately and not as a part of any other account; and

(b) Must not be used to replace or supplant any money available from other sources to acquire technology for and improve technology used in the office of the county assessor.

The money in the Account must be used to acquire technology for or improve the technology used in the office of the county assessor or by another entity with operational impact on the office of the county assessor, including, without limitation, the payment of costs associated with acquiring or improving technology for converting and archiving records, purchasing hardware and software, maintaining the technology, training employees in the operation of the technology and contracting for professional services relating to the technology.
On or before July 1 of each year, the county assessor shall submit to the board of county commissioners a report of the projected expenditures of the money in the Account for the following fiscal year. Any money remaining in the Account at the end of a fiscal year that has not been committed for expenditure reverts to the county general fund.

(Added to NRS by 2003, 2782 ; A 2005, 2667 ; 2011, 3530 )

NRS 266.355

NRS

266.355

Power of city council to regulate and license.

Except as otherwise provided in subsections 3, 4 and 5, the city council may:

(a) Except as otherwise provided in NRS 268.0881 to 268.0888 , inclusive, 598D.150 and 640C.100 , regulate all businesses, trades and professions.

(b) Except as otherwise provided in NRS 576.128 , fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

The city council may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.
The city council may license insurance analysts, adjusters and managing general agents and producers of insurance within the limitations and under the conditions prescribed in NRS 680B.020 .
A city council shall not require that a person who is licensed as a contractor pursuant to chapter 624 of NRS obtain more than one license to engage in the business of contracting or pay more than one license tax related to engaging in the business of contracting, regardless of the number of classifications or subclassifications of licensing for which the person is licensed pursuant to chapter 624 of NRS.
The city council shall not require a person to obtain a license or pay a license tax on the sole basis that the person is a professional. As used in this subsection, professional means a person who:

(a) Holds a license, certificate, registration, permit or similar type of authorization issued by a regulatory body as defined in NRS 622.060 , or who is regulated pursuant to the Nevada Supreme Court Rules; and

(b) Practices his or her profession for any type of compensation as an employee.

[Part 28:125:1907; RL § 794; NCL § 1128]—(NRS A 1961, 47 ; 1963, 402 ; 1971, 307 , 1958 ;

1997, 3168 ; 2003, 2895 ; 2005, 731 , 1136 ,

2337 ;

2017, 2404 )

NRS 266.600

NRS

266.600

General powers of city council.

The city council may:

Control the finances of the corporation.
Appropriate money for corporate purposes only, and provide for payment of debts and expenses of the corporation.
Levy and collect taxes within the city for general and special purposes on real and personal property, as provided by law.
Borrow money on the credit of the city for corporate purposes, in the manner and to the extent allowed by the constitution and the laws, and issue general obligations therefor, but no city may issue or have outstanding at any time bonds in an amount in excess of 30 percent of the total assessed valuation of the taxable property within such city as shown by the last preceding tax list or assessment roll, nor warrants, certificates, scrip or other evidences of indebtedness, excepting the bonded indebtedness, in excess of 20 percent of the assessed valuation. This subsection does not restrict the power of cities as to taxation, assessment, borrowing money, contracting debts or loaning their credit for procuring supplies of water.
Secure additionally the payment of any general obligation securities by a pledge of any revenues, other than tax proceeds, legally available therefor.
Divide the city into districts for the purpose of local taxation, or create districts for that purpose, as occasion may require.
Except as otherwise provided in NRS 576.128 and subsections 4 and 5 of NRS 266.355 , raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city, and regulate it by ordinance. All such license fees and taxes must be uniform with respect to the class upon which they are imposed.
Fix the amount of licenses and the terms and manner of their issuance.

[Part 28:125:1907; RL § 794; NCL § 1128]—(NRS A 1967, 55 ; 1969, 1580 ; 1981, 953 ; 1997, 3168 ; 2005, 731 )

NRS 268.01925

NRS

268.01925

Language access plan: Development and biennial revision; requirements; public comment; submission to Office for New Americans.

The governing body of a city shall designate one or more employees of the city to be responsible for developing and biennially revising a language access plan for the city that meets the requirements of subsection 2.
A language access plan must assess existing needs of the residents of the city for language services and the degree to which the city has met those needs. The plan must include recommendations to expand language services, if needed, to improve access to the services provided by the city. The plan must:

(a) Outline the compliance of the city and any contractors, grantees, assignees, transferees or successors of the city with existing federal and state laws and regulations and any requirements associated with funding received by the city concerning the availability of language services and accessibility of the services provided by the city or any contractors, grantees, assignees, transferees or successors to residents of the city who are persons with limited English proficiency;

(b) Provide an inventory of language services currently provided by the city, including, without limitation:

(1) Procedures for designating certain information and documents as vital and providing such information and documents to residents served by the city in the preferred language of such persons, in aggregate and disaggregated by language and type of service to which the information and documents relate;

(2) Oral language services offered by language and type;

(3) Procedures and resources used by the city for outreach to persons with limited English proficiency who are residents of the city, including, without limitation, procedures for building relationships with community-based organizations that serve such persons; and

(4) Any resources made available to employees of the city related to cultural competency;

(c) Provide an inventory of the training and resources provided to employees of the city who serve residents who are persons with limited English proficiency, including, without limitation, training and resources regarding:

(1) Obtaining language services internally or from a contractor;

(2) Responding to persons with limited English proficiency over the telephone, in writing or in person;

(3) Recording in the electronic records of the city that a resident served by the city is a person with limited English proficiency, the preferred language of the person and his or her literacy level in English and in his or her preferred language;

(4) Communicating with the governing body concerning the needs of the residents served by and eligible to receive any services from the city for language services; and

(5) Notifying residents who are persons with limited English proficiency who are eligible for or currently receiving services from the city of the services available from the city in the preferred language of those residents at a literacy level and in a format that is likely to be understood by those residents; and

(1) Estimates of additional funding required to meet those needs;

(2) Targets for employing persons who are fluent in more than one language;

(3) Additional requirements necessary to ensure:

(I) Adequate credentialing and oversight of translators and interpreters employed by or serving as independent contractors for the city; and

(II) That translators and interpreters used by the city adequately represent the preferred languages spoken by residents of the city; and

(4) Additional requirements, trainings, incentives and recruiting initiatives to employ or contract with interpreters who speak the preferred language of residents who are persons with limited English proficiency who are eligible for or currently receiving services from the city and ways to partner with entities involved in workforce development in imposing those requirements, offering those trainings and incentives and carrying out those recruiting initiatives.

If there is insufficient information available to develop or update the language access plan in accordance with the requirements of this section, the employee or employees designated pursuant to subsection 1 shall develop procedures to obtain that information and include the information in any revision to the language access plan.
The governing body of a city shall:

(a) Solicit public comment concerning the language access plan developed pursuant to this section and each revision thereof; and

(b) Include any funding necessary to carry out a language access plan, including, without limitation, any additional funding necessary to meet the needs of residents who are persons with limited English proficiency served by the city as identified pursuant to paragraph (d) of subsection 2, in the proposed budget for the city.

On or before August 1 of each even-numbered year, the governing body of a city shall submit the language access plan developed and revised pursuant to subsection 1 to the Office for New Americans created in the Office of the Governor pursuant to NRS 223.910 .
As used in this section:

(a) Language services has the meaning ascribed to it in NRS 232.0081 .

(b) Oral language services has the meaning ascribed to it in NRS 232.0081 .

(d) Translation services has the meaning ascribed to it in NRS 232.0081 .

(Added to NRS by 2023, 2944 )

NRS 268.095

NRS

268.095

Powers of governing body; application for certain licenses; imposition of license tax; uses of proceeds of tax; license tax as lien; enforcement of lien; confidentiality of information concerning tax or taxpayer.

Except as otherwise provided in subsections 4 and 9 and NRS 268.0951 , 268.0977 , 268.0979 and 268.09791 to 268.09799 , inclusive, the city council or other governing body of each incorporated city in this State, whether organized under general law or special charter, may:

(a) Except as otherwise provided in subsection 2 and NRS 268.0968 and 576.128 , fix, impose and collect for revenues or for regulation, or both, a license tax on all character of lawful trades, callings, industries, occupations, professions and businesses conducted within its corporate limits.

(b) Assign the proceeds of any one or more of such license taxes to the county within which the city is situated for the purpose or purposes of making the proceeds available to the county:

(1) As a pledge as additional security for the payment of any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655 , inclusive;

(2) For redeeming any general obligation bonds issued pursuant to NRS 244A.597

to 244A.655 , inclusive;

(3) For defraying the costs of collecting or otherwise administering any such license tax so assigned, of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby;

(4) For operating and maintaining recreational facilities under the jurisdiction of the county fair and recreation board;

(5) For improving, extending and bettering recreational facilities authorized by NRS 244A.597 to 244A.655 , inclusive; and

(6) For constructing, purchasing or otherwise acquiring such recreational facilities.

(c) Pledge the proceeds of any tax imposed on the revenues from the rental of transient lodging pursuant to this section for the payment of any general or special obligations issued by the city for a purpose authorized by the laws of this State.

(d) Use the proceeds of any tax imposed pursuant to this section on the revenues from the rental of transient lodging:

(1) To pay the principal, interest or any other indebtedness on any general or special obligations issued by the city pursuant to the laws of this State;

(2) For the expense of operating or maintaining, or both, any facilities of the city; and

(3) For any other purpose for which other money of the city may be used.

The city council or other governing body of an incorporated city shall not require that a person who is licensed as a contractor pursuant to chapter 624 of NRS obtain more than one license to engage in the business of contracting or pay more than one license tax related to engaging in the business of contracting, regardless of the number of classifications or subclassifications of licensing for which the person is licensed pursuant to chapter 624 of NRS.
The proceeds of any tax imposed pursuant to this section that are pledged for the repayment of general obligations may be treated as pledged revenues for the purposes of NRS 350.020 .
The city council or other governing body of an incorporated city shall not require a person to obtain a license or pay a license tax on the sole basis that the person is a professional. As used in this subsection, professional means a person who:

(b) Practices his or her profession for any type of compensation as an employee.

The city licensing agency shall provide upon request an application for a state business license pursuant to chapter 76 of NRS. No license to engage in any type of business may be granted unless the applicant for the license:

(a) Signs an affidavit affirming that the business has complied with the provisions of chapter 76 of NRS; or

(b) Provides to the city licensing agency the business identification number of the applicant assigned by the Secretary of State pursuant to NRS 225.082 which the city may use to validate that the applicant is currently in good standing with the State and has complied with the provisions of chapter 76 of NRS.

No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license:

(a) Presents written evidence that:

(1) The Department of Taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or

(2) Another regulatory agency of the State has issued or will issue a license required for this activity; or

Any license tax levied under the provisions of this section constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien has the same priority as a lien for general taxes. The lien must be enforced:

(a) By recording in the office of the county recorder, within 6 months following the date on which the tax became delinquent or was otherwise determined to be due and owing, a notice of the tax lien containing the following:

(1) The amount of tax due and the appropriate year;

(2) The name of the record owner of the property;

(3) A description of the property sufficient for identification; and

(4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and

(b) By an action for foreclosure against such property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.

The city council or other governing body of each incorporated city may delegate the power and authority to enforce such liens to the county fair and recreation board. If the authority is so delegated, the governing body shall revoke or suspend the license of a business upon certification by the board that the license tax has become delinquent, and shall not reinstate the license until the tax is paid. Except as otherwise provided in NRS 239.0115 and 268.0966 , all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of those license taxes or as the result of any audit or examination of the books of the city by any authorized employee of a county fair and recreation board for any license tax levied for the purpose of NRS 244A.597 to 244A.655 , inclusive, is confidential and must not be disclosed by any member, official or employee of the county fair and recreation board or the city imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the Department of Taxation or the Secretary of State for the exchange of information concerning taxpayers.
Except as otherwise provided by regulations adopted by the Cannabis Compliance Board pursuant to NRS 678B.645 , the city council or other governing body of an incorporated city shall not license or otherwise allow a person to operate a business that allows cannabis, as defined in NRS 678A.085 , or cannabis products, as defined in NRS 678A.120 , to be consumed on the premises of the business, other than a cannabis consumption lounge, as defined in NRS 678A.087 , in accordance with the provisions of chapter 678B

of NRS.

The powers conferred by this section are in addition and supplemental to, and not in substitution for, and the limitations imposed by this section do not affect the powers conferred by, any other law. No part of this section repeals or affects any other law or any part thereof, it being intended that this section provide a separate method of accomplishing its objectives, and not an exclusive one.

(Added to NRS by 1957, 643 ; A 1960, 179 ; 1963, 794 ; 1971, 497 ; 1973, 325 ; 1983, 761 ; 1987, 1712 ; 1989, 908 ; 1991, 31 , 2327 ,

2462 ;

1993, 617 , 2653 ;

1995, 2806 ; 1997, 3169 ; 2001, 885 ; 2003, 20th Special Session, 193 ; 2005, 732 , 2340 ;

2007, 2084 ; 2009, 2048 ; 2011, 3590 ; 2015, 2667 , 3368 ;

2017, 13 , 2574 ,

3672 ,

3717 ,

3738 ;

2019, 3856 , 3896 ;

2021, 2381 , 2388 )

NRS 268.0951

NRS

268.0951

Multijurisdictional business license for certain contractors: Interlocal agreement; ordinance establishing system for issuance; eligibility.

The governing body of each incorporated city whose population is 150,000 or more and which is located in a county whose population is 700,000 or more, whether organized under general law or special charter, shall enter into an agreement in accordance with the provisions of NRS 277.080 to 277.180 , inclusive, with the board of county commissioners of the county in which the city is located, with the governing body of every other city located within the county whose population is 150,000 or more and with the governing body of each city located within the county whose population is less than 150,000 who chooses to enter into such an agreement for the establishment of a business license to authorize a person who is licensed as a contractor pursuant to chapter 624 of NRS to engage in the business of contracting within the county and each of those cities.
The agreement required pursuant to subsection 1 must set forth the purposes, powers, rights, obligations and responsibilities, financial and otherwise, of the county and each city that enters into the agreement.
Upon entering into the agreement required pursuant to subsection 1, the governing body of the city shall establish by ordinance a system for issuing such a business license that authorizes a person who is licensed as a contractor pursuant to chapter 624 of NRS to engage in the business of contracting within the county and cities that entered into the agreement pursuant to subsection 1 and in which the person intends to conduct business.
An ordinance adopted pursuant to the provisions of subsection 3 must include, without limitation:

(a) The requirements for obtaining the business license;

(b) The fees for the issuance and renewal of the business license; and

A person who is licensed as a contractor pursuant to chapter 624 of NRS is eligible to obtain from the city a business license that authorizes the person to engage in the business of contracting within the county and each city located in the county which enters into an agreement pursuant to subsection 1 and in which the person intends to conduct business if the person meets the requirements set forth in the ordinance to qualify for the license and:

(a) The person maintains only one place of business within the county and the place of business is located within the jurisdiction of the city;

(b) The person maintains more than one place of business within the county and each of those places of business is located within the jurisdiction of the city; or

A person who obtains a business license described in this section is subject to all other licensing and permitting requirements of the State and any other counties and cities in which the person does business.

(Added to NRS by 2011, 3589 )

NRS 268.568

NRS

268.568

Sufficiency of

NRS 268.512

268.568

, inclusive.

NRS 268.512 to 268.568 , inclusive, without reference to other statutes of the State, constitute full authority for the exercise of powers granted in those sections, including, but not limited to, the authorization and issuance of bonds.
No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized in NRS 268.512 to 268.568 , inclusive, to be done, including, without limitation, the charter of any city, applies to any proceedings taken or acts done pursuant to those sections, except for laws to which reference is expressly made in those sections.
The provisions of no other law, either general or local, except as provided in NRS 268.512 to 268.568 , inclusive, apply to the doing of the things authorized in NRS 268.512 to 268.568 , inclusive, to be done, and no board, agency, bureau, commission or official not designated in those sections has any authority or jurisdiction over the doing of any of the acts authorized in those sections to be done, except as otherwise provided in those sections.
No notice, consent or approval by any public body or officer thereof may be required as a prerequisite to the sale or issuance of any bonds, the making of any contract or lease, or the exercise of any other power under NRS 268.512 to 268.568 , inclusive, except as provided in those sections.
A project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the statutes of this state or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property of the cities is not applicable to any action taken pursuant to NRS 268.512 to 268.568 , inclusive, except that the provisions of NRS 338.013 to 338.090 , inclusive, apply to any contract for new construction, repair or reconstruction for which tentative approval for financing is granted on or after January 1, 1992, by the city for work to be done in a project. The governing body, the lessee, purchaser or obligor or designee thereof, any contractor who is awarded a contract or enters into an agreement to perform the construction, repair or reconstruction in a project and any subcontractor who performs any portion of the construction, repair or reconstruction in a project shall comply with the provisions of NRS 338.013 to 338.090 , inclusive, in the same manner as if the governing body had undertaken the project or had awarded the contract.
Notwithstanding the provisions of NRS 662.245 or any other specific statute to the contrary, any bank or trust company located within or without this state may be appointed and act as a trustee with respect to bonds issued and projects financed pursuant to NRS 268.512 to 268.568 , inclusive, without meeting the qualifications set forth in NRS 662.245 .
The powers conferred by NRS 268.512 to 268.568 , inclusive, are in addition and supplemental to, and not in substitution for, and the limitations imposed by those sections do not affect the powers conferred by, any other law.
No part of NRS 268.512 to 268.568 , inclusive, repeals or affects any other law or part thereof, except to the extent that those sections are inconsistent with any other law, it being intended that those sections provide a separate method of accomplishing its objectives, and not an exclusive one.

(Added to NRS by 1967, 1758 ; A 1977, 599 ; 1991, 2347 ; 1993, 1466 ; 2001, 2079 ; 2019, 707 )

ANNEXATION BY CITIES IN CERTAIN COUNTIES

NRS 268.810

NRS

268.810

Legislative declaration.

The Legislature hereby finds and declares that:

Increases in the population and usage of motor vehicles in the areas of densest population in this State have created conditions of traffic congestion in business districts that:

(a) Constitute a hazard to the safety of pedestrians and impede the movement of police and fire equipment, ambulances and other emergency vehicles;

(b) Indicate a need to widen streets that currently have both sidewalks to accommodate pedestrians and lanes for motor vehicles extending from the buildings on one side of the street to the buildings on the other side of the street leaving no space available for expansion of the area for pedestrians or motor vehicles; and

There has been a progressive decline in the economic growth and vitality of businesses located in the business districts in the areas of densest population in this State that:

(a) Is attributable to the decrease in tourists and other visitors to these business districts;

(b) Necessitates special efforts to promote economic growth and revitalization of these economically depressed business districts to create new jobs and maintain existing employment opportunities, attract new businesses, tourists and visitors to these districts and to prevent further decline by restoring the economic growth and vitality of these business districts; and

(c) Makes it of particular local benefit to allow municipalities experiencing such economic decline to create pedestrian malls and, if necessary, to raise money for the annual costs of operating, managing, maintaining or improving them through the levy of assessments upon the property or the imposition of fees on the businesses which benefit from the return of tourists and other visitors to the area resulting from the pedestrian mall.

It is in the best interests of the State to encourage municipalities to create pedestrian malls to enhance and improve their local business climates and that selecting and contracting with a private entity for the acquisition, construction, improvement, operation, management or maintenance of pedestrian malls, or any combination thereof, may also be in the best interests of the public.
It is the public policy of the State of Nevada to permit the governing body of any densely populated municipality to protect the public welfare and health and the interests of the public in the safe and effective movement of persons and to preserve and enhance the function and appearance of the business districts of municipalities and to promote the economic growth and revitalization thereof by the adoption of the ordinances authorized by NRS 268.810 to 268.823 , inclusive.

(Added to NRS by 1993, 1172 )

NRS 269.071

NRS

269.071

Member of town board or county commissioner not to become contractor under certain contracts; penalties.

Except as otherwise provided in NRS 281.230 , 281A.430 and 332.800 , it is unlawful for any member of a town board or board of county commissioners acting for any town to become a contractor under any contract or order for supplies or any other kind of contract authorized by or for the board of which he or she is a member, or to be interested, directly or indirectly, as principal in any kind of contract so authorized.
Any person who violates this section is guilty of a gross misdemeanor and shall forfeit his or her office.

(Added to NRS by 1977, 1111 ; A 2013, 3786 )

NRS 271.335

NRS

271.335

Construction contracts.

No contract for doing construction work for acquiring or improving the project contemplated may be made or awarded, nor may the governing body incur any expense or liability in relation thereto, except for maps, plats, diagrams, estimates, plans, specifications and notices, until after the hearing upon the provisional order and notice thereof provided for in NRS 271.305 have been given and had.
This section does not prevent the governing body from advertising by publication for proposals for doing the work whenever the governing body sees fit, but the contract may not be made or awarded before the time stated in subsection 1.
Except as otherwise provided in subsection 12 and in NRS 271.800 , in the case of construction work done by independent contract for any project, or portion thereof, in any improvement district, the municipality shall request competitive bids, and proceed thereon, pursuant to the provisions of chapter 338 of NRS.
The municipality may waive any irregularity in the form of any bid.
Any contract may be let on a lump sum or on a unit basis.
No contract may be entered into for such work unless the contractor gives an undertaking with a sufficient surety or sureties approved by the governing body and in an amount fixed by it for the faithful performance of the contract and for payment of the contract.
Upon default in the performance of any contract, any designated official, as directed by motion of the governing body, may advertise and relet the remainder of the work without further ordinance or resolution and deduct the cost from the original contract price and recover any excess cost by suit on the original bond, or otherwise.
All contracts must provide among other things that the person entering into the contract with the municipality will pay for all materials furnished and labor and services rendered for the performance of the contract, and that any person furnishing the materials or rendering the services may maintain an action to recover for them against the obligor in the undertaking as though the person was named therein.
A contract or agreement made in violation of the provisions of this section is voidable, and no action may be maintained thereon by any party thereto against the municipality.
To the extent the municipality makes any payment thereunder, such a contract or agreement is valid, and any such payment may be included in any cost defrayed by the levy of assessments, unless theretofore the municipality elects to void the contract or agreement in its entirety and to recover any such payment from the party to whom made.
The governing body, except as expressly limited in this section, may, in the letting of contracts, impose such conditions upon bidders with regard to bonds and securities, and such guaranties of good and faithful performance and completion of any work and the keeping of the work in repair, and providing for any further matter or thing in connection therewith, as may be considered by the governing body to be advantageous to the municipality and to all interested.
The provisions of subsections 3 to 11, inclusive, do not apply to work performed by an association pursuant to a contract entered into pursuant to NRS 271.332 .

(Added to NRS by 1965, 1363 ; A 1991, 1877 ; 1997, 2496 ; 1999, 2873 )

NRS 271.355

NRS

271.355

Interim warrants.

For the purpose of paying any contractor or otherwise defraying any costs of the project as the costs become due from time to time until money is available therefor from the levy and collection of assessments and any issuance of bonds, the governing body may issue interim warrants.
Any interim warrants issued for any construction work may be issued only upon estimates of the engineer.
Any interim warrants must:

(a) Bear such date or dates;

(b) Mature in such denomination or denominations at such time or times, or at any time upon call;

(c) Except as otherwise provided in NRS 99.067 , bear interest at a rate or rates which do not exceed by more than 3 percent the Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted; and

(d) Be payable in such medium of payment at such place or places within and without the State, including but not limited to the county treasurer,

Ê as the governing body may determine.

Any interim warrants may be issued with privileges for registration for payment as to principal only, or as to both principal and interest, may be negotiable or nonnegotiable, may be general obligations for the payment of which the governing body pledges the full faith and credit of the municipality, or may be special obligations payable from designated special assessments, any bond proceeds, and any other money designated to be available for the redemption of such interim warrants, and generally must be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the governing body by ordinance.
An ordinance for the issuance of interim warrants may be adopted or amended as if an emergency existed.

(Added to NRS by 1965, 1365 ; A 1971, 2100 ; 1975, 845 ; 1981, 1407 ; 1983, 578 ; 1991, 1878 ; 2009, 2657 )

NRS 271.475

NRS

271.475

Bonds: Power to issue; adoption and effective date of ordinance; payment of proceeds used to pay costs of energy efficiency improvement project or renewable energy project.

The governing body shall likewise have power to issue negotiable bonds in an amount not exceeding the total unpaid assessments levied to pay the cost of any project, howsoever acquired, as hereinafter provided.
Any ordinance pertaining to the sale, issuance or payment of bonds or other securities of the municipality, or any combination thereof, may:

(a) Be adopted as if an emergency existed. The declaration of the governing body, if any, is conclusive in the absence of fraud or gross abuse of discretion.

(b) Become effective at any time when an emergency ordinance of the municipality may go into effect.

(c) Be adopted by not less than two-thirds of all of the voting members of the governing body, excluding from any such computation any vacancy on the governing body and any member thereon who may vote only to break a tie vote.

The proceeds of bonds which are to be used to pay the costs of construction, acquisition or installation of an energy efficiency improvement project or renewable energy project within a district created pursuant to subsection 1 of NRS 271.6312 must be paid to the contractor as directed in writing by the owner of the tract on which the project is located or, if the owner has paid the contractor, must be paid to reimburse the owner, but in either case, only upon receipt of:

(a) Written evidence that the installation or improvement is complete, or verification through an inspection if so authorized in the resolution adopted pursuant to NRS 271.6325 or if the municipality otherwise determines to make an inspection;

(b) A waiver of any mechanics or materialmans lien if so authorized in the resolution adopted pursuant to NRS 271.6325 ; and

(c) Written evidence that the total contract price has been paid, unless the price is to be paid by the municipality to or at the direction of the contractor.

Ê No such inspection or review or receipt of a waiver imposes any liability on the municipality for any constructed, acquired or installed energy efficiency improvement project or renewable energy project or any unconstructed, unacquired or uninstalled item, any defect in any such item, any failure of any party to pay for any item, or any lien, including, without limitation, any mechanics or materialmans lien.

(Added to NRS by 1965, 1373 ; A 1975, 848 ; 2001, 444 ; 2017, 1398 )

NRS 271.485

NRS

271.485

Bonds: Sale; rate of interest; proceeds; validity; contract to sell special assessment bonds.

Any bonds issued pursuant to this chapter may be sold in such a manner as may be approved by the governing body to defray the cost of the project, including all proper incidental expenses. The governing body may issue a single issue of bonds to defray the costs of projects in two or more improvement districts if the principal amount of those bonds does not exceed the total uncollected assessments levied in each improvement district.
Bonds must be sold in the manner prescribed in NRS 350.105 to 350.195 , inclusive:

(a) For not less than the principal amount thereof and accrued interest thereon; or

(b) At the option of the governing body, below par at a discount not exceeding 9 percent of the principal amount and except as otherwise provided in this paragraph and in NRS 99.067 , 271.487 and 271.730 , at a price which will not result in an effective interest rate which exceeds by more than 3 percent the Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted if the maximum or any lesser amount of discount permitted by the governing body has been capitalized as a cost of the project. If the bonds bear an amount of interest that is included in gross income for the purposes of calculating federal income tax pursuant to the provisions of Title 26 of the United States Code, the net effective interest rate must not exceed twice the maximum interest rate as provided in this paragraph.

Except as otherwise provided in subsection 4 and NRS 271.487 and 271.730 , the rate of interest of the bonds must not at any time exceed the rate of interest, or lower or lowest rate if more than one, borne by the special assessments, but any rate of interest of the bonds may be the same as or less than any rate of interest of the assessment, subject to the limitation provided in subsection 2, as the governing body may determine.
Except as otherwise provided in NRS 271.730 , if a governing body creates a district pursuant to the provisions of NRS 271.710 , the governing body or chief financial officer of the municipality shall, in consultation with a financial advisor or the underwriter of the bonds, fix the rate of interest of the bonds at a rate of interest such that the principal and interest due on the bonds in each year, net of any interest capitalized from the proceeds of the bonds, will not exceed the amount of principal and interest to be collected on the special assessments during that year.
The governing body may employ legal, fiscal, engineering and other expert services in connection with any project authorized by this chapter and the authorization, issuance and sale of bonds.
Any accrued interest must be applied to the payment of the interest on or the principal of the bonds, or both interest and principal.
Any unexpended balance of the proceeds of the bond remaining after the completion of the project for which the bonds were issued must be paid immediately into the fund created for the payment of the principal of the bonds and must be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.
The validity of the bonds must not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.
A purchaser of the bonds is not responsible for the application of the proceeds of the bonds by the municipality or any of its officers, agents and employees.
The governing body may enter into a contract to sell special assessment bonds at any time but, if the governing body so contracts before it awards a construction contract or otherwise contracts for acquiring or improving the project, the governing body may terminate the contract to sell the bonds, if:

(a) Before awarding the construction contract or otherwise contracting for the acquisition or improvement of the project, it determines not to acquire or improve the project; and

(b) It has not elected to proceed pursuant to subsection 2 or 3 of NRS 271.330 , but has elected to proceed pursuant to subsection 1 of that section.

If the governing body ceases to have jurisdiction to proceed, because the requisite proportion of owners of the frontage to be assessed, or of the area, zone or other basis of assessment, file written complaints, protests and objections to the project, as provided in

NRS 271.306 , or for any other reason, any contract to sell special assessment bonds is terminated and becomes inoperative.

(Added to NRS by 1965, 1373 ; A 1967, 225 ; 1969, 1287 ; 1971, 2102 ; 1975, 848 ; 1981, 1409 ; 1983, 579 ; 1985, 2173 ; 1989, 257 ; 1991, 1881 ; 1995, 15 , 1022 ;

1999, 856 ; 2005, 1832 ; 2009, 2657 ; 2017, 1398 )

NRS 271.6321

NRS

271.6321

Requirements for construction; laws relating to public bidding, public works and public procurement not applicable.

Construction of a qualified improvement project within a district created pursuant to NRS 271.6312 must be completed through independent contracts with contractors licensed in Nevada. The municipality is not responsible for the construction, or any defects or delays thereof. The laws of this State relating to public bidding, public works or public procurement are not applicable to contracts for construction of a qualified improvement project.

(Added to NRS by 2017, 1396 ; A 2021, 3249 )

NRS 271.710

NRS

271.710

Exemption from compliance with certain provisions; agreement with owners of all assessable property in district; powers of governing body; applicability of provisions governing payment of prevailing wage for projects.

A governing body may adopt an ordinance pursuant to NRS 271.325 creating a district and ordering a project to be acquired or improved and may contract with a person to construct or improve a project, issue bonds or otherwise finance the cost of the project and levy assessments, without complying with the provisions of NRS 271.305 to 271.320 , inclusive, 271.330 to 271.345 , inclusive, 271.380 and 271.385 and, except as otherwise provided in this section, the provisions of any law requiring public bidding or otherwise imposing requirements on any public contract, project, works or improvements, including, without limitation, chapters 332 , 338 and 339

of NRS, if the governing body has entered into a written agreement with the owners of all of the assessable property within the district which states that:

(a) The governing body agrees to enter into a contract for the acquisition, construction or improvement of the project or projects in the district which includes:

(1) A provision stating that the requirements of NRS 338.013 to 338.090 , inclusive, apply to any construction work to be performed under the contract; and

(2) The price, stated as a lump sum or as unit prices, which the governing body agrees to pay for the project if the project meets all requirements and specifications in the contract.

(b) The owners of the assessable property agree that if the rate of interest on any assessment levied for the district is determined from time to time as provided in NRS 271.487 , the owners will provide written notice to the governing body in a timely manner when a parcel of the assessable property in the district is sold to a person who intends to occupy a dwelling unit on the parcel as his or her residence.

(c) The owners of the assessable property agree that the governing body may create the district, levy the assessments and for all other purposes relating to the district proceed pursuant to the provisions of this section.

If an ordinance is adopted and the agreement entered into pursuant to subsection 1 so states:

(a) The governing body may amend the ordinance creating the district, change the assessment roll and redistribute the assessments required by NRS 271.390 in the same manner in which these actions were originally taken to add additional property to the district. The assessments may be redistributed between the assessable property originally in the district and the additional assessable property if:

(1) The owners of additional assessable property also consent in writing to inclusion of their property in the district and to the amount of the assessment against their property; and

(2) The redistribution of the assessments is not prohibited by any covenants made for the benefit of the owners of any bonds or interim warrants issued for the district.

(b) The governing body may amend the ordinance creating the district, change the assessment roll and redistribute the assessments required by NRS 271.390 in the same manner in which these actions were originally taken to remove assessable property from the district. The assessments may be redistributed among the assessable property remaining in the district if:

(1) The owners of the remaining assessable property consent in writing to the amount of the revised assessment on their property; and

(2) The redistribution of the assessments is not prohibited by any covenants made for the benefit of the owners of any bonds or interim warrants issued for the district.

(c) The governing body may adopt any ordinance pertaining to the district including the ordinance creating the district required by NRS 271.325 , the ordinance authorizing interim warrants required by NRS 271.355 , the ordinance levying assessments required by NRS 271.390 , the ordinance authorizing bonds required by NRS 271.475 or any ordinance amending those ordinances after a single reading and without holding a hearing thereon, as if an emergency exists, upon an affirmative vote of not less than two-thirds of all voting members of the governing body, excluding from any computation any vacancy on the governing body and any members thereon who may vote to break a tie vote, and provide that the ordinances become effective at the time an emergency ordinance would have become effective. The provisions of NRS 271.308 do not apply to any such ordinance.

(d) The governing body may provide for a reserve fund, letter of credit, surety bond or other collateral for payment of any interim warrants or bonds issued for the district and include all or any portion of the costs thereof in the amounts assessed against the property in the district and in the amount of bonds issued for the district. The governing body may provide for the disposition of interest earned on the reserve fund and other bond proceeds, for the disposition of unexpended bond proceeds after completion of the project and for the disposition of the unexpended balance in the reserve fund after payment in full of the bonds for the district.

If the governing body of a municipality forms a district pursuant to the provisions of this section, the governing body:

(a) Is not required to adopt the resolutions required pursuant to the provisions of NRS 271.280 , 271.310 , 271.360 and 271.390 .

(b) Shall be deemed to have adopted the resolution required pursuant to the provisions of NRS 271.325 if the plans and specifications are sufficiently specific to allow a competent contractor with the assistance of a competent engineer to estimate the cost of constructing the project and to construct the project.

The governing body, the owners of the assessable property, any contractor who is awarded a contract or enters into an agreement to perform the construction work on a project pursuant to this section, and any subcontractor who performs any portion of the construction work on the project shall comply with the provisions of NRS 338.013 to 338.090 , inclusive, in the same manner as if the governing body had undertaken the project or had awarded the contract.

(Added to NRS by 1989, 252 ; A 1995, 1964 ; 2005, 1838 ; 2019, 708 )

NRS 271.800

NRS

271.800

Procedure for establishing district; combination with another project; requirements for construction of project; applicability of public bidding requirements limited; applicability of provisions governing prevailing wage for projects; prerequisites to commencement of construction.

A governing body may, pursuant to NRS 271.275 or 271.710 , establish a district to finance an underground conversion project. Before the governing body may adopt an ordinance pursuant to NRS 271.325 to establish such a district, each service provider that owns the overhead service facilities to be converted to underground facilities must submit its written approval of the project to the governing body. The governing body shall not establish a district to finance an underground conversion project without receiving the written approval of each such service provider pursuant to this subsection.
Before initiating the establishment of a district pursuant to this section, the governing body must request in writing and receive from each service provider that owns the overhead service facilities to be converted in the proposed improvement district a written estimate of the cost to convert those facilities to underground facilities. The service provider shall provide its estimate of the cost of the conversion to the governing body not later than 120 days after the service provider receives the request from the governing body.
If a district already exists for the location for which the underground conversion project is proposed, the governing body may, pursuant to NRS 271.295 , combine the underground conversion project with other projects in that district.
An underground conversion project must be constructed by one or more of the service providers that own the overhead service facilities to be converted, pursuant to a written agreement between the governing body and each service provider that will engage in the construction. Such a project must be constructed in accordance with the standard underground practices and procedures approved by the Public Utilities Commission of Nevada.
The provisions of any law requiring public bidding or otherwise imposing requirements on any public contract, project, works or improvements, including, without limitation, the provisions of chapters 332 , 338

and 339 of NRS, do not apply to a contract entered into by a municipality and a service provider pursuant to this section, except that the contract must include a provision stating that the requirements of NRS 338.013 to 338.090 , inclusive, apply to any construction work to be performed under the contract. The governing body, the service provider, any contractor who is awarded a contract or enters into an agreement to perform the construction work on an underground conversion project, and any subcontractor who performs any portion of the construction work on an underground conversion project shall comply with the provisions of NRS 338.013 to 338.090 , inclusive, in the same manner as if the governing body had undertaken the underground conversion project or had awarded the contract.

Construction on an underground conversion project approved pursuant to this chapter may not commence until:

(a) An ordinance creating a district is adopted pursuant to NRS 271.325 ;

(b) The time for filing an appeal pursuant to NRS 271.315 has expired, or if such an appeal has been timely filed, a final, nonappealable judgment upholding the validity of the ordinance has been rendered;

(c) Arrangements for the financing of the construction have been completed through the issuance of bonds or interim warrants; and

(d) The service provider has obtained all applicable permits, easements and licenses necessary to convert the facilities.

(Added to NRS by 1997, 2494 ; A 2019, 710 )

NRS 271.850

NRS

271.850

Requirements for placement of service facilities underground; calculation of costs for conversion.

The service facilities within the boundaries of each lot within a district to finance an underground conversion project established pursuant to NRS 271.800

must be placed underground at the same time as or after the underground system in private easements and public places is placed underground. The service provider involved, directly or through a contractor, shall, in accordance with the rules and regulations of the service provider, but subject to the regulations of the Public Utilities Commission of Nevada and any other applicable laws, ordinances, rules or regulations of the municipality or any other public agency under the police power, convert to underground its facilities on any such lot:

(a) For service facilities that provide electric service, up to the service entrance.

(b) For service facilities that provide communication service or service from a video service network, as that term is defined in NRS 711.145 , up to the connection point within the house or structure.

All costs or expenses of conversion must be included in the cost on which the cost of the underground conversion for that property is calculated.
As used in this section, lot includes any portion, piece or parcel of land.

(Added to NRS by 1997, 2494 ; A 2007, 1379 )

NRS 274.250

NRS

274.250

Powers of designating municipality: Delegation of services to private organizations.

A designating municipality may, by ordinance, delegate one or more of the services or functions described in subsection 2 to one or more qualified private organizations. For the purposes of this section, an organization is qualified if:

(a) Its constituency is composed substantially of residents of the specially benefited zone;

(b) It has a governing body elected by its constituents;

(d) It exists primarily to perform services within the zone for the benefit of its residents and businesses.

A designated neighborhood organization may be authorized to provide the following services or perform the following functions in coordination with the municipality:

(a) Provide or contract for the provision of public services including, but not limited to:

(1) The establishment of patrols to watch for crime in neighborhoods within the specially benefited zone.

(2) The establishment of volunteer day care centers.

(3) The organization of recreational activities for children living within the zone.

(4) Garbage collection.

(5) Street maintenance and improvement.

(6) The maintenance and improvement of parks, bridges and water and sewer lines.

(7) Projects for the conservation of energy.

(8) Health and clinical services.

(9) Programs to combat substance use disorders.

(10) Programs to assist older residents of the zone.

(11) The rehabilitation, renovation, operation and maintenance of housing for persons of low and moderate income.

(12) Other types of public services as provided by ordinance.

(b) Exercise authority for the enforcement of any code, permit or procedure for licensing within a specially benefited zone.

(d) Apply for regulatory relief under NRS 274.110 , 274.120 and 274.130 .

(e) Perform such other functions as the responsible governmental entity may deem appropriate, including offerings and contracts for insurance with businesses within the zone.

(f) Agree with local governments to provide these public services within the zone by contracting with private firms and organizations, where feasible and prudent.

(g) Solicit and receive contributions to improve the quality of life in the specially benefited zone.

(Added to NRS by 1983, 1977 )

NRS 277.060

NRS

277.060

Cooperative agreements concerning water and sewerage between political subdivisions in certain counties.

In any county having a population of 100,000 or more, any county, city, town, water district, sewer or sanitation district or other political subdivision of the State authorized by law to acquire, operate and maintain water or sewage facilities, or both, or to improve a governmental service in connection therewith, may contract with one or more of these political subdivisions if the contract is authorized by each party thereto with the approval of its legislative body or other authority having the power to enter into or approve the contract.
Any such contract must set forth fully the purposes, powers, rights, obligations and responsibilities, financial and otherwise, of the contracting parties.
The contract may:

(a) Include, among other things, the renting of machinery and equipment, mobile or otherwise.

(b) Provide for the payment for water facilities, sewer facilities, lands, rights in land and water rights sold, leased or otherwise alienated, the payment to be made within a period of time not exceeding 30 years from the date of the contract from the rates, fees, tolls or charges derived from the operation of the water or sewer facilities, or both, upon such terms and conditions as may be specified in the contract, without the obligation being authorized by any qualified electors of any political subdivision which is a party to the contract.

The equipment and employees of any such political subdivision, while engaged in performing any governmental service, activity or undertaking under the contract, have and retain all the rights, privileges and immunities of, and shall be deemed to be engaged in the service and employment of, that political subdivision, notwithstanding that the governmental service, activity or undertaking is being performed in or for another political subdivision.
The powers conferred by this section are in addition and supplemental to, and not in substitution for, and the limitations imposed by this section do not affect the powers conferred by, any other law. No part of this section repeals or affects any other law or any part thereof, it being intended that this section provide a separate method of accomplishing its objectives, and not an exclusive one.
This section, being necessary to secure and preserve the public health, safety and convenience and welfare, must be liberally construed to effect its purpose.

(Added to NRS by 1957, 657 ; A 1969, 1539 ; 1979, 528 ; 1983, 127 )

NRS 277.180

NRS

277.180

Interlocal contracts.

Any one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform.
If it is reasonably foreseeable that a public agency will be required to:

(a) Expend more than $25,000 to carry out a contract, the contract must:

(1) Set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties;

(2) Be ratified by appropriate official action of the governing body of each party to the contract as a condition precedent to its entry into force;

(3) If an agency of this State is a party to the contract, be approved by the Attorney General as to form and compliance with law; and

(4) Be in writing.

(b) Expend $25,000 or less to carry out a contract, each participating public agency shall maintain written documentation of the terms of the contract for at least 3 years after the date on which the contract was entered into.

The authorized purposes of agreements made pursuant to subsection 1 include, but are not limited to:

(a) The joint use of hospitals, road construction and repair equipment, and such other facilities or services as may and can be reasonably used for the promotion and protection of the health and welfare of the inhabitants of this State.

(b) The joint use of county and city personnel, equipment and facilities, including sewer systems, drainage systems, street lighting systems, fire alarm systems, sewage disposal plants, playgrounds, parks and recreational facilities, and public buildings constructed by or under the supervision of the board of county commissioners or the city council of the county and city concerned, upon such terms and agreements, and within such areas within the county as may be determined, for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of the counties and cities.

(c) The joint employment of clerks, stenographers and other employees in the offices of the city and county auditor, city and county assessor, city and county treasurer, or any other joint city and county office existing or hereafter established in the several counties, upon such terms and conditions as may be determined for the equitable apportionment of the expenses of the joint city and county office.

(d) The joint and cooperative use of fire-fighting and fire-protection equipment for the protection of property and the prevention and suppression of fire.

(e) The joint use of county and city personnel, equipment and facilities, upon such terms and conditions, and within such areas within the county as may be determined, for the promotion and protection of the health of the inhabitants of the county and city through the regulation, control and prohibition of the excessive emission of dense smoke and air pollution.

(f) The joint and cooperative use of law enforcement agencies.

(g) The joint use or operation of a system of public transportation.

Each public agency which has entered into an agreement pursuant to this section shall annually at the time of preparing its budget include an estimate of the expenses necessary to carry out such agreement, the funds for which are not made available through grant, gift or other source, and provide for such expense as other items are provided in its budget. Each such public agency may furnish property, personnel or services as necessary to carry out the agreement.

(Added to NRS by 1965, 1334 ; A 1967, 699 ; 1973, 1077 ; 1999, 2173 ; 2001, 808 , 1080 ,

1083 ;

2007, 499 )

STATE AND LOCAL GOVERNMENT COOPERATION ACT

NRS 278.573

NRS

278.573

Statement of restrictions: Delivery to owner of residence who is issued permit for construction thereon; acknowledgment of receipt; text.

A building official who issues a permit to the owner of a residence to construct, alter, repair, add to, subtract from, improve, move, wreck or demolish the residence shall, at the same time, deliver to the owner a statement. The owner of the residence shall acknowledge in writing receipt of the statement.
The statement delivered by the building official must include the following text:

State law requires construction to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own contractor with certain restrictions although you do not have a license.

You must directly supervise the construction, on the job, yourself. The building or residence must be for your own use or occupancy. It may not be built or substantially improved for sale or lease. If you sell or lease a building you have built or substantially improved yourself within 1 year after the construction is complete, it is presumed that you built or substantially improved it for sale or lease, which is a violation of this exemption and a violation of chapter 624 of NRS.

You may not hire an unlicensed person to act as your contractor or to supervise people working on your building. It is your responsibility to make sure that people employed by you have the licenses required by state law and by county or municipal licensing ordinances. You may not delegate the responsibility for supervising work to a contractor unless the contractor is licensed to perform the work being done. Any person working on your building who is not licensed must work under your direct supervision and must be employed by you, which means that you must deduct FICA and withholding tax and provide industrial insurance and pay the required contribution for unemployment compensation for that employee, and comply with other state and federal laws relating to employment. Your construction must comply with all applicable laws, ordinances, building codes and zoning regulations.

(Added to NRS by 1997, 2697 ; A 2001, 1248 )

NRS 278.575

NRS

278.575

Program to allow independent contractors to review plans for and inspect buildings.

The governing body of a city or county which, pursuant to NRS 278.570 , appoints a building official may establish a program to allow independent contractors who comply with the requirements for certification and continuing education established pursuant to NRS 278.577 to review plans for and inspect buildings on behalf of the building official.

(Added to NRS by 1995, 2062 ; A 2001, 1248 )

NRS 278.610

NRS

278.610

Unlawful to erect, construct, reconstruct, alter or change use of structure without building permit; requirements for obtaining permit.

After a building official is appointed pursuant to NRS 278.570 , it is unlawful to erect, construct, reconstruct, alter or change the use of any building or other structure within the territory covered by the building code or zoning regulations without obtaining a building permit from the building official.
The building official shall not issue any permit unless the plans of and for the proposed erection, construction, reconstruction, alteration or use fully:

(a) Conform to all building code and zoning regulations then in effect.

(b) If applicable, comply with the provisions of NRS 393.110 .

A building official shall not issue a building permit to a person acting for another unless the applicant proves to the satisfaction of the building official that he or she is licensed as a contractor for that work pursuant to the provisions of chapter 624 of NRS.

[Part 34:110:1941; 1931 NCL § 5063.33]—(NRS A 1993, 2412 ; 1997, 2698 ; 1999, 2853 , 2967 ;

2001, 213 , 1249 )

NRS 279.500

NRS

279.500

Applicability of provisions governing payment of prevailing wage for public works projects.

The provisions of NRS 338.013 to 338.090 , inclusive, apply to any contract for new construction, repair or reconstruction which is awarded on or after October 1, 1991, by an agency for work to be done in a project.
If an agency:

(a) Provides property for development at less than the fair market value of the property;

(b) Provides a loan to a small business pursuant to NRS 279.700 to 279.730 , inclusive; or

Ê regardless of whether the project is publicly or privately owned, the agency must provide in the loan agreement with the small business or the agreement with the developer, as applicable, that the development project is subject to the provisions of NRS 338.013 to 338.090 , inclusive, to the same extent as if the agency had awarded the contract for the project. The agency, the small business or the developer, as applicable, any contractor who is awarded the contract or enters into the agreement to perform the project, and any subcontractor who performs any portion of the project shall comply with the provisions of NRS 338.013 to 338.090 , inclusive, in the same manner as if the agency had undertaken the project or had awarded the contract. This subsection applies only to the project covered by the loan agreement between the agency and the small business or the agreement between the agency and the developer, as applicable. This subsection does not apply to future development of the property unless an additional loan, or additional financial incentives with a value of more than $100,000, are provided to the small business or developer, as applicable.

(Added to NRS by 1959, 656 ; A 1991, 2345 ; 2013, 799 ; 2019, 711 )

NRS 279.6093

NRS

279.6093

Employment plan by developer in proposal for redevelopment project; contents; duty to submit plan to Nevada Commission on Minority Affairs and Southern Nevada Enterprise Community Board; plan is public record.

Except as otherwise provided in NRS 279.6094 , if an agency proposes to provide an incentive to a developer for a redevelopment project, the proposal for the redevelopment project must include an employment plan. The employment plan must include:

(a) A description of the existing opportunities for employment within the area;

(b) A projection of the effect that the redevelopment project will have on opportunities for employment within the area;

(c) A description of the manner in which an employer relocating a business into the area plans to employ persons living within the area of operation who:

(1) Are economically disadvantaged;

(2) Have any disability;

(3) Are members of racial minorities;

(4) Are veterans; or

(5) Are women;

(d) A description of the manner in which:

(1) The developer will seek the participation in the redevelopment project of local small business contractors and subcontractors who are licensed in this State and whose place of business is located within 100 miles of the project;

(2) The developer will, in hiring for construction jobs for the project, use its best efforts to hire veterans and persons of all sexes and diverse ethnicities living within the redevelopment area, an area in the city for which the legislative body has adopted a specific plan for neighborhood revitalization or which is eligible for a community development block grant pursuant to 24 C.F.R. Part 570, or the Southern Nevada Enterprise Community; and

(3) Each employer relocating a business into the area will use its best efforts to hire veterans and persons of all sexes and diverse ethnicities living within any of the areas described in subparagraph (2).

A description provided pursuant to paragraph (d) of subsection 1 must include an agreement by the developer or employer to offer and conduct training for the residents described in that paragraph or make a good faith effort to provide such training through a program of training that is offered by a governmental agency and reasonably available to the developer or employer.
The agency shall submit the employment plan within 30 days after receipt to:

(a) The Nevada Commission on Minority Affairs created by NRS 232.852 ; and

(b) If the redevelopment project is located within the Southern Nevada Enterprise Community, the Southern Nevada Enterprise Community Board. Upon request of the Board, a developer must present the employment plan to the Board.

An employment plan submitted to an agency pursuant to this section is a public record.

(Added to NRS by 2021, 2160 )

NRS 279.6096

NRS

279.6096

Partial withholding of incentive by agency.

Except as otherwise provided in subsection 2, if an agency proposes to provide an incentive to a developer for a redevelopment project, an amount equal to 10 percent of the amount of the proposed incentive must be withheld by the agency and must not be paid to the developer until:

(a) At least 15 percent of all employees of contractors, subcontractors, vendors and suppliers of the developer are bona fide residents of a redevelopment area described in NRS 279.6092 , an area in the city for which the legislative body has adopted a specific plan for neighborhood revitalization or which is eligible for a community development block grant pursuant to 24 C.F.R. Part 570, or the Southern Nevada Enterprise Community;

(b) At least 15 percent of all jobs created by employers who relocate to the redevelopment area are filled by bona fide residents of any of the areas described in paragraph (a); and

If an agency provides incentives in a form other than cash to a developer for a redevelopment project, the developer shall deposit an amount of money with the agency equal to 10 percent of the value of such incentives as agreed upon between the agency and the developer. If the developer satisfies the requirements of subsection 1, the agency shall return the deposit required by this subsection to the developer.

(Added to NRS by 2013, 1572 )

NRS 279.6097

NRS

279.6097

Progress report on employment plan by developer of redevelopment project; contents; duty of agency to submit report to Nevada Commission on Minority Affairs and Southern Nevada Enterprise Community Board; report is public record.

A developer that receives an incentive from an agency for a redevelopment project shall submit to the agency a progress report on the employment plan submitted pursuant to NRS 279.6093 :

(a) Not more than 120 days after the date on which the redevelopment project is 50 percent completed; and

(b) Not more than 120 days after the completion of the redevelopment project.

A progress report submitted pursuant to subsection 1 must include, without limitation:

(a) The number of persons who have worked on the redevelopment project who:

(1) Are economically disadvantaged;

(2) Have any disability;

(3) Are members of racial minorities;

(4) Are veterans; or

(5) Are women;

(b) The number of persons who have worked on the redevelopment project who are residents of an area described in subparagraph (2) of paragraph (d) of subsection 1 of NRS 279.6093 ;

(c) The number of local small business contractors and subcontractors who are licensed in this State and whose place of business is located within 100 miles of the redevelopment project who have worked on the redevelopment project; and

(d) A comparison between the information presented in the progress report and the information contained in the original employment plan submitted for the project pursuant to NRS 279.6093 .

The agency shall submit a progress report received pursuant to this section within 30 days after receipt to:

(a) The Nevada Commission on Minority Affairs created by NRS 232.852 ; and

A progress report submitted pursuant to this section is a public record.

(Added to NRS by 2021, 2161 )

NRS 279.6098

NRS

279.6098

Report by developer of information relating to redevelopment project; penalty for failure to submit report.

Except as otherwise provided in subsection 2, a developer that receives incentives from an agency for a redevelopment project shall, upon completion of the project and upon request of the agency, report, in a form prescribed by the agency, information relating to:

(a) Outreach efforts that the developer has utilized, including, without limitation, information relating to job fairs, advertisements in publications that reach residents of the areas described in NRS 279.6096 and utilization of employment referral agencies;

(b) Training conducted for persons hired by the developer and contractors, subcontractors, vendors and suppliers of the developer and the employers within the redevelopment project; and

If a developer receives incentives from an agency for a redevelopment project with a value of $100,000 or less, the developer shall use its best efforts to satisfy the reporting requirements described in subsection 1.
If the developer fails to comply with the requirements of this section:

(a) The agency may refuse to pay all or any portion of an incentive; and

(b) The agency may require the developer to repay any incentive already paid to the developer.

(Added to NRS by 2013, 1572 )

NRS 279.6099

NRS

279.6099

Appeal of refusal to pay amount of incentive withheld by agency.

A developer may appeal the refusal by an agency to pay the amount provided for in NRS 279.6096 to the legislative body of the community.
In an appeal, the developer has the burden of demonstrating that:

(a) Specific actions were taken to substantially fulfill the requirements of NRS 279.6096 ;

(b) An insufficient number of significant opportunities for appropriate contractors, subcontractors, vendors or suppliers to perform a commercially useful function in the project existed; and

(c) Use of appropriate contractors, subcontractors, vendors or suppliers as required by NRS 279.6096 would have significantly and adversely affected the overall cost of the project.

If the legislative body finds that the developers appeal has satisfied the requirements of subsection 2, the agency shall pay the developer the amount provided for in NRS 279.6096 .

(Added to NRS by 2013, 1573 )

NRS 280.201

NRS

280.201

Plan for apportionment of expenses: Exclusions; formula for apportionment; tax ad valorem; statistics and records.

The funding apportionment plan must exclude the cost of:

(a) Operating and maintaining a county or a branch county jail;

(b) A rural program of resident officers, where applicable; and

Ê The costs described in paragraphs (a) and (b) are a proper charge against the county. The capital costs of building a county or a branch county jail are the responsibility of the board of county commissioners.

If a department operates a program for school crossing guards, each participating political subdivision must pay the cost of operating the positions located within its jurisdiction.
The funding apportionment plan must apportion the anticipated costs of operating and maintaining the department, and capital costs, after deducting all anticipated revenue internally generated by the department, among the participating political subdivisions according to the formula developed by the department pursuant to this section.
Except as otherwise provided in subsection 1, an additional tax ad valorem that is levied pursuant to the approval of the voters must be levied at a uniform rate in the unincorporated area of the county and in each participating city.
In developing the formula, the department must divide its budget into the following functional areas:

(a) Activities which are the responsibility of any one of the participating political subdivisions.

(b) Contract services which are performed solely for another agency or entity.

(d) The remaining activities, services or programs are to be allocated to those functional areas which are to be jointly funded by the participating political subdivision.

Ê Contract services which are performed solely for another agency or entity must each be identified as a separate functional area.

The department must identify the bureaus, sections, divisions and groups that are assigned to each functional area. Each functional area must be a separate accounting unit within the budget of the department for the purpose of apportioning the cost among the participating political subdivisions.
The costs of the activities of administration or support must be allocated to the other functional area to which they apply in the ratio that the cost of each functional area bears to the combined costs of the other functional areas.
The costs of each functional area which is to be jointly funded, including the administrative and support costs allocated in accordance with subsection 6, must be apportioned among the participating political subdivisions as follows:

(a) The cost of uniformed functions in the field must be apportioned on a percentage basis according to the comparative cumulative, unweighted percentage relationship among the participating political subdivisions of the permanent population of the participating political subdivisions, as determined annually by the Governor, the total number of calls for service which were dispatched by the department in each participating political subdivision, excluding:

(1) Calls for service with respect to felony crimes;

(2) Calls for service originating in those areas which were served by a rural program of resident officers; and

(3) Calls for service originating from a program of contract services which is totally funded by the contracting agency or entity,

Ê and the total number of felonies which were reported in each participating political subdivision, excluding reports of felonies originating from a rural program of resident officers or a program of contract services. The number of calls for service and the number of felonies reported must have been made during the 12 months preceding January 1 of the current fiscal year.

(b) The cost of the investigative function must be apportioned on a percentage basis according to the comparative cumulative, unweighted percentage relationship among the participating political subdivisions of the total number of felonies which were reported in each participating political subdivision during the 12 months preceding January 1 of the current fiscal year.

For the purpose of subsection 8, the population attributable to a county does not include the population of the cities within that county or the population of those areas within that county which are served by a rural program of resident officers.
The department shall maintain all of the statistics necessary to effectuate the funding apportionment plan and shall maintain accurate records in support of the determination required in order to comply with this section.
If, in the initial year of the merger, the statistics necessary to determine the funding apportionment plan for the remainder of that year are incomplete, the department shall prepare a funding apportionment plan for the remainder of that year based upon the most accurate statistics available, and apply it as closely as possible in the manner prescribed in this section. The fact that a budget, a funding apportionment plan and a rural program of resident officers are not prepared and submitted when due does not invalidate any of them.

(Added to NRS by 1977, 363 ; A 1979, 1002 ; 1981, 638 ; 1987, 1493 ; 1997, 2876 )

NRS 280.284

NRS

280.284

Contract for operation or maintenance of jail.

A department may enter into a contract with a county or any participating city for the operation or maintenance, or both, by the department with its own employees of a jail established by the other contracting party.

(Added to NRS by 1983, 731 )

NRS 281.195

NRS

281.195

Access by state agency to computers assigned or loaned to officers, employees and contractors: Requirements; exceptions; reports of inappropriate use; adoption of policies and procedures for responding to such reports.

Except as otherwise provided in subsection 3, a state agency that accesses or causes to be accessed a computer of the state agency that has been assigned or loaned by the state agency to an officer, employee or contractor for the officers, employees or contractors exclusive or routine use in carrying out the duties of the officers, employees or contractors position shall notify the officer, employee or contractor of such access.
The notice of access required pursuant to subsection 1 must be provided in a uniform and understandable format. The notice may be provided before or after such access occurs, but not more than 48 hours before or 48 hours after such access occurs.
The head of a state agency, any state officer to whom the head of the state agency reports or the appointee or designee of either may authorize the access of a computer of the state agency without providing the notice of access otherwise required by subsections 1 and 2:

(a) If the access occurs during the course of:

(1) An internal investigation which is conducted within the state agency by the personnel of the state agency as authorized by law and any information concerning such access is kept in a file maintained by the state agency pertaining to the investigation; or

(2) An investigation which is conducted by a state or federal law enforcement agency.

(b) Except as otherwise provided in subsection 5, if the access occurs in the course of regular or routine maintenance conducted by an employee of the state agency whose duties include the regular or routine maintenance of the computers of the state agency and the state agency has adopted by regulation and implemented the procedure set forth in subsection 4.

(c) If a state agency has adopted by regulation the procedure set forth in subsection 4 and the access occurs after recording the information required pursuant to subsection 4.

A state agency may adopt by regulation a procedure to record access to computers of the state agency in a log maintained by the state agency for that purpose. If a state agency adopts such a procedure, the procedure must include, without limitation, a requirement for the recording of the following information concerning the access in the log:

(a) The date on which the access will occur and, if known, the time at which the access will occur on that date;

(b) As determined by the officer, appointee or designee who authorizes the access, a reasonable explanation of the exigent circumstances or other relevant considerations which justify accessing the computer without the knowledge of the officer, employee or contractor to whom the agency has assigned or loaned the computer;

(d) The name of each person who will be allowed to examine information stored on the computer or retrieved from the computer; and

(e) The name of each person who will be authorized or required to archive, maintain, store, transfer, transmit or destroy information retrieved from the computer.

Ê The log described in this subsection, and any entries in that log, are confidential and not public books or records within the meaning of NRS 239.010 , but must be disclosed upon the lawful order of a court of competent jurisdiction.

If an employee discovers evidence of inappropriate use while accessing a computer to perform regular or routine maintenance:

(a) The employee shall provide the details of the alleged inappropriate use to the officer, appointee or designee who authorized the access, and to any other appropriate personnel of the state agency; and

(b) Information concerning the access must be recorded in the log maintained by the state agency.

Each state agency that has adopted a policy for the use of the computers of the state agency shall adopt policies and procedures for responding to reports of the inappropriate use of those computers, including, without limitation, provisions relating to the transfer, transmission and destruction of information.
As used in this section:

(a) Access includes, without limitation, adding, copying, deleting, manipulating or observing the files or other information stored on a computer, whether such actions are carried out directly or remotely.

(b) Inappropriate use means the use of a computer of a state agency in a manner that:

(1) If the state agency is an agency of the Executive Branch of State Government, violates the written policy created by the agency pursuant to NRS 242.300 .

(2) If the state agency is an agency of the Legislative or Judicial Branch of State Government, violates the policy, if any, established by that agency for the use of the computers of the agency.

(3) Violates any state or federal law.

(c) State agency means an agency, bureau, board, commission, department, division or any other unit of the Executive, Legislative or Judicial Branches of State Government.

(Added to NRS by 2005, 671 )

MISCELLANEOUS PROVISIONS AND PROHIBITIONS

NRS 281.221

NRS

281.221

Contracts in which state officer has interest prohibited; exceptions; penalties.

Except as otherwise provided in this section and NRS 281A.430 , it is unlawful for a state officer, who is not a member of the Legislature subject to the restrictions set forth in NRS 218A.970 , to:

(a) Become a contractor under any contract or order for supplies or other kind of contract authorized by or for the State or any of its departments, or the Legislature or either of its houses, or to be interested, directly or indirectly, as principal, in any kind of contract so authorized.

(b) Be interested in any contract made by the officer or to be a purchaser or interested in any purchase under a sale made by the officer in the discharge of the officers official duties.

A member of any board, commission or similar body who is engaged in the profession, occupation or business regulated by the board, commission or body may supply or contract to supply, in the ordinary course of his or her business, goods, materials or services to any state or local agency, except the board, commission or body of which he or she is a member, if the member has not taken part in developing the contract plans or specifications and the member will not be personally involved in opening, considering or accepting offers.
A full- or part-time faculty member in the Nevada System of Higher Education may bid on or enter into a contract with a governmental agency, or may benefit financially or otherwise from a contract between a governmental agency and a private entity, if the contract complies with the policies established by the Board of Regents of the University of Nevada pursuant to NRS 396.255 .
A state officer, other than an officer described in subsection 2 or 3, may bid on or enter into a contract with a governmental agency if the contracting process is controlled by rules of open competitive bidding, the sources of supply are limited, the officer has not taken part in developing the contract plans or specifications and the officer will not be personally involved in opening, considering or accepting offers.
Any contract made in violation of this section may be declared void at the instance of the State or of any other person interested in the contract except an officer prohibited from making or being interested in the contract.
A person who violates this section is guilty of a gross misdemeanor and shall forfeit his or her office.

(Added to NRS by 1977, 1109 ; A 1993, 2241 ; 1995, 689 ; 2001, 1627 ; 2013, 3761 )

NRS 281.230

NRS

281.230

Unlawful commissions, personal profit and compensation of public officers and employees; penalties; payment of commission, profit or compensation to public employer.

Except as otherwise provided in this section and NRS 218A.970 , 281A.430 and 332.800 , the following persons shall not, in any manner, directly or indirectly, receive any commission, personal profit or compensation of any kind resulting from any contract or other significant transaction in which the employing state, county, municipality, township, district or quasi-municipal corporation is in any way directly interested or affected:

(a) State, county, municipal, district and township officers of the State of Nevada;

(b) Deputies and employees of state, county, municipal, district and township officers; and

A member of any board, commission or similar body who is engaged in the profession, occupation or business regulated by the board, commission or body may, in the ordinary course of his or her business, bid on or enter into a contract with any governmental agency, except the board, commission or body of which he or she is a member, if the member has not taken part in developing the contract plans or specifications and the member will not be personally involved in opening, considering or accepting offers.
A full- or part-time faculty member or employee of the Nevada System of Higher Education may bid on or enter into a contract with a governmental agency, or may benefit financially or otherwise from a contract between a governmental agency and a private entity, if the contract complies with the policies established by the Board of Regents of the University of Nevada pursuant to NRS 396.255 .
A public officer or employee, other than an officer or employee described in subsection 2 or 3, may bid on or enter into a contract with a governmental agency if the contracting process is controlled by rules of open competitive bidding, the sources of supply are limited, the public officer or employee has not taken part in developing the contract plans or specifications and the public officer or employee will not be personally involved in opening, considering or accepting offers. If a public officer who is authorized to bid on or enter into a contract with a governmental agency pursuant to this subsection is a member of the governing body of the agency, the public officer, pursuant to the requirements of NRS 281A.420 , shall disclose his or her interest in the contract and shall not vote on or advocate the approval of the contract.
A person who violates any of the provisions of this section shall be punished as provided in NRS 197.230 and:

(a) Where the commission, personal profit or compensation is $650 or more, for a category D felony as provided in NRS 193.130 .

(b) Where the commission, personal profit or compensation is less than $650, for a misdemeanor.

A person who violates the provisions of this section shall pay any commission, personal profit or compensation resulting from the contract or transaction to the employing state, county, municipality, township, district or quasi-municipal corporation as restitution.

[1:107:1927; NCL § 4855] + [2:107:1927; NCL § 4856] + [3:107:1927; NCL § 4857]—(NRS A 1957, 363 ; 1963, 477 ; 1965, 410 ; 1967, 550 ; 1975, 932 ; 1977, 1110 ; 1979, 1464 ; 1987, 1460 ; 1989, 1441 ; 1991, 1593 ; 1993, 2242 ; 1995, 689 , 1264 ;

2001, 1628 , 2287 ;

2003, 160 , 892 ;

2011, 173 ; 2013, 3762 )

NRS 281.5583

NRS

281.5583

Educational or informational meeting, event or trip defined.

Educational or informational meeting, event or trip means any meeting, event or trip undertaken or attended by a public officer or candidate if, in connection with the meeting, event or trip:

(a) The public officer or candidate or a member of the public officers or candidates household receives anything of value to undertake or attend the meeting, event or trip from an interested person; and

(b) The public officer or candidate provides or receives any education or information on matters relating to the legislative, administrative or political action of the public officer or the candidate if elected.

The term includes, without limitation, any reception, gathering, conference, convention, discussion, forum, roundtable, seminar, symposium, speaking engagement or other similar meeting, event or trip with an educational or informational component.
The term does not include:

(a) A meeting, event or trip undertaken or attended by a public officer or candidate or a member of the public officers or candidates household for personal reasons or for reasons relating to any professional or occupational license held by the public officer or candidate or the member of the public officers or candidates household, unless the public officer or candidate or the member of the public officers or candidates household participates as one of the primary speakers, instructors or presenters at the meeting, event or trip.

(b) A meeting, event or trip undertaken or attended by a public officer or candidate or a member of the public officers or candidates household if the meeting, event or trip is undertaken or attended as part of his or her bona fide employment or service as an employee or independent contractor and anything of value received by the public officer or candidate or the member of the public officers or candidates household for the meeting, event or trip or otherwise paid for or reimbursed to the public officer or candidate or the member of the public officers or candidates household as part of his or her bona fide employment or service as an employee or independent contractor.

(c) A meeting, event or trip excluded from the term educational or informational meeting, event or trip as defined in NRS 218H.045 .

For the purposes of this section, anything of value includes, without limitation, any actual expenses for food, beverages, registration fees, travel or lodging provided or given to or paid for the benefit of the public officer or candidate or a member of the public officers or candidates household or reimbursement for any such actual expenses paid by the public officer or candidate or a member of the public officers or candidates household, if the expenses are incurred on a day during which the public officer or candidate or a member of the public officers or candidates household undertakes or attends the meeting, event or trip or during which the public officer or candidate or a member of the public officers or candidates household travels to or from the meeting, event or trip.

(Added to NRS by 2015, 1718 ; A 2019, 2996 )

NRS 281.5585

NRS

281.5585

Gift defined.

Gift means any payment, conveyance, transfer, distribution, deposit, advance, loan, forbearance, subscription, pledge or rendering of money, services or anything else of value, unless consideration of equal or greater value is received.
The term does not include:

(a) Any political contribution of money or services related to a political campaign.

(b) Any commercially reasonable loan made in the ordinary course of business.

(d) Anything of value excluded from the term gift as defined in NRS 218H.060 .

(e) Any ceremonial gifts received for a birthday, wedding, anniversary, holiday or other ceremonial occasion from a donor who is not an interested person.

(f) Anything of value received from a person who is:

(1) Related to the public officer or candidate, or to the spouse or domestic partner of the public officer or candidate, by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity; or

(2) A member of the public officers or candidates household.

(g) Anything of value received by a person as part of his or her bona fide employment or service as an employee or independent contractor or otherwise paid for or reimbursed to the person as part of his or her bona fide employment or service as an employee or independent contractor.

(Added to NRS by 2015, 1719 ; A 2019, 2997 )

NRS 286.040

NRS

286.040

Employee defined.

Employee means:

(a) A public officer of the State of Nevada or its political subdivisions.

(b) Any person employed by a public employer whose compensation is provided by the public employer and who is under the direction or control of officers of the public employer.

Employee does not include independent contractors or persons rendering professional services to an employer on a fee, retainer or contract basis.
The Board shall determine who are employees under this definition.

[Part 2:181:1947; A 1949, 174 ; 1951, 269 ; 1951, 324 ]—(NRS A 1959, 161 ; 1969, 219 ; 1975, 1029 ; 1979, 746 )

NRS 286.045

NRS

286.045

Independent contractor defined.

Independent contractor means any person who renders specified services for a stipulated fee who is not under the control of a public employer, except as regards the result of the persons work, and who does not receive employment benefits such as annual leave and group insurance.

(Added to NRS by 1975, 1028 )

NRS 286.297

NRS

286.297

Persons excluded from membership in System.

The following persons are not eligible to become members of the System:

Inmates of state institutions even though they may be receiving compensation for services performed for the institution.
Independent contractors or persons rendering professional services on a fee, retainer or contract basis.
Except as otherwise provided in NRS 286.525 , persons retired under the provisions of this chapter who are employed by a participating public employer.
Members of boards or commissions of the State of Nevada or of its political subdivisions when such boards or commissions are advisory or directive and when membership thereon is not compensated except for expenses incurred. Receipt of a fee for attendance at official sessions of a particular board or commission does not constitute compensation for the purpose of this subsection.
Students who are employed by the institution which they attend.
District judges, judges of the Court of Appeals and justices of the Supreme Court first elected or appointed on or after July 1, 1977, who are not enrolled in the System at the time of election or appointment.
Members of the professional staff of the Nevada System of Higher Education who are employed on or after July 1, 1977.
Persons employed on or after July 1, 1979, under the Comprehensive Employment and Training Act.
Except as otherwise provided in NRS 286.293 , persons assigned to intermittent or temporary positions unless the assignment exceeds 6 consecutive months.
Persons employed on or after July 1, 1981, as part-time guards at school crossings.
Nurses who:

(a) Are not full-time employees;

(b) Are paid an hourly wage on a daily basis;

(d) Do not work a regular schedule or are requested to work for a shift at a time.

[Part 8:181:1947; A 1949, 174 ; 1951, 269 ]—(NRS A 1975, 1039 ; 1977, 1581 ; 1979, 750 , 941 ;

1981, 449 ; 1983, 129 ; 1989, 1558 ; 1993, 382 , 474 ;

1995, 524 ; 2013, 1774 ; 2023, 2458 )

NRS 289.300

NRS

289.300

Investigator of Private Investigators Licensing Board; criminal investigator of State Contractors Board.

A person employed as an investigator by the Private Investigators Licensing Board pursuant to NRS 648.025 has the powers of a peace officer.
A person employed as a criminal investigator by the State Contractors Board pursuant to NRS 624.112 has the powers of a peace officer to carry out the persons duties pursuant to subsection 2 of NRS 624.115 .

(Added to NRS by 1993, 2523 ; A 1995, 304 ; 1999, 2967 ; 2003, 1905 )

NRS 31.480

NRS

31.480

Cases in which defendant may be arrested.

The defendant may be arrested, as hereinafter prescribed, in the following cases:

In an action for the recovery of money or damages on a cause of action arising upon contract, express or implied, when the defendant is about to depart from the State with intent to defraud the defendants creditors, or when the action is for libel or slander.
In an action for a fine or penalty, or for money or property embezzled, or fraudulently misapplied or converted to his or her own use by a public officer, or an officer of a corporation, or an attorney, factor, broker, agent or clerk in the course of his or her employment as such or by any other person in a fiduciary capacity, or for misconduct or neglect in office, or in professional employment, or for a willful violation of duty.
In an action to recover the possession of personal property unjustly detained, when the property, or any part thereof, has been concealed, removed, or disposed of so that it cannot be found or taken by the sheriff.
When the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought, or in concealing or disposing of the property, for the taking, detention or conversion of which the action is brought.
When the defendant has removed or disposed of the defendants property, or is about to do so, with intent to defraud the defendants creditors.

[1911 CPA § 146; RL § 5088; NCL § 8644]

NRS 315.450

NRS

315.450

Contracts for services or works: Compliance with wage and hour laws; conditions of federal aid.

An authority may:

Arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works or facilities for, or in connection with, its housing projects.
Notwithstanding anything to the contrary contained in NRS 315.140 to 315.7813 , inclusive, or any other provisions of law, agree to any conditions attached to federal financial assistance relating to the determination of prevailing salaries or wages or payment of not less than prevailing salaries or wages or compliance with labor standards, in the development or administration of projects.
Include in any contract let in connection with a housing project, stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum salaries or wages and maximum hours of labor, and comply with any conditions attached to the financial aid of such project.

[Part 7:253:1947; A 1951, 11 ]—(NRS A 1975, 17 ; 1977, 1186 )

NRS 315.515

NRS

315.515

Duty to ensure provision of instruction in financial literacy to tenant who deposits income in individual development account.

In addition to the training provided by the State Treasurer pursuant to paragraph (m) of subsection 1 of NRS 226.110 , the authority shall, to the extent that money is provided by the State Treasurer pursuant to NRS 422A.492 for that purpose, ensure that instruction in financial literacy is provided to a tenant who deposits a portion of his or her income in an individual development account established pursuant to NRS 422A.493 .
The authority may contract for the services of an independent contractor to provide the instruction required by subsection 1.

(Added to NRS by 2021, 1567 )

NRS 315.530

NRS

315.530

Cooperation between authorities.

Any authority or authorities may join or cooperate with another in the exercise, either jointly or otherwise, of any of their powers for the purpose of financing, including the issuance of bonds, notes or other obligations and the giving of security therefor, planning, undertaking, owning, constructing, operating or contracting with respect to a housing project or projects located within the area within which one or more of such authorities are authorized to exercise their powers. For such purpose any cooperating authority may, by resolution, prescribe and authorize any authority so joining and cooperating with it to act in its behalf in the exercise of any of such powers, or the cooperating authorities may, by resolution, appoint from among the commissioners of such authorities an executive committee with full powers to act on behalf of such authorities with respect to any of their powers as prescribed by resolution of such authority.

[10:253:1947; 1943 NCL § 5470.10]

NRS 315.9945

NRS

315.9945

Duty of Authority to ensure provision of instruction in financial literacy to tenant who deposits income in individual development account.

In addition to the training provided by the State Treasurer pursuant to paragraph (m) of subsection 1 of NRS 226.110 , the Authority shall, to the extent that money is provided by the State Treasurer pursuant to NRS 422A.492 for that purpose, ensure that instruction in financial literacy is provided to a tenant who deposits a portion of his or her income in an individual development account pursuant to NRS 422A.493 .
The Authority may contract for the services of an independent contractor to provide the instruction required by subsection 1.

(Added to NRS by 2021, 1567 )

NRS 318.0957

NRS

318.0957

Trustees interest in contracts made in official capacity prohibited; exception; contracts void; penalties.

Except as provided in subsection 2, it is unlawful for a member of the board:

(a) To become a contractor under any contract or order for supplies or any other kind of contract authorized by the board of which he or she is a member, or to be in any manner interested, directly or indirectly, as principal, in any kind of contract so authorized.

(b) To be interested in any contract made by the board of which he or she is a member, or to be a purchaser or to be interested in any purchase or sale made by the board of which he or she is a member.

The board may purchase supplies or contract for services for the district from one of its members, when not to do so would be a great inconvenience, but the member from whom the supplies are to be bought or with whom the contract for services is to be made shall not vote upon the allowance of the purchase or contract. If the purchase is made or contract let by competitive bidding, the bid of a member of the board may be accepted only if the member is the lowest responsible bidder.
Any contract made in violation of the provisions of subsection 1 may be declared void at the instance of the district or of any other person interested in the contract except the member of the board prohibited in subsection 1 from making or being interested in the contract.
A member of the board who violates the provisions of subsection 1, directly or indirectly, is guilty of a gross misdemeanor and shall be further punished as provided in NRS 197.230 .

(Added to NRS by 1967, 1716 ; A 1979, 791 )

NRS 318.140

NRS

318.140

Sanitary sewer improvements.

In the case of a district created wholly or in part for acquiring sanitary sewer improvements:

The board may:

(a) Construct, reconstruct, improve or extend the sanitary sewer system or any part thereof, including, without limitation, mains, laterals, wyes, tees, meters and collection, treatment and disposal plants.

(b) Sell any product or by-product thereof and acquire the appropriate outlets within or without the district and extend the sewer lines of the district thereto.

(c) Enter into and perform, without any election, contracts or agreements for a term not to exceed 50 years with any person or a public agency, to provide the services, equipment or supplies necessary or appropriate to conduct tests of the discharge of pollutants into the states water and to report the results of those tests as required by chapter 445A of NRS or the regulations adopted thereunder. For the purposes of this paragraph, public agency has the meaning ascribed to it in NRS 277.100 .

The provisions of chapters 332 and 339

of NRS do not apply to a contract under which a private developer extends a sewer main to his or her development or installs any appurtenances to that extension. Except as otherwise provided in this subsection, the provisions of chapter 338 of NRS do not apply to such a contract. If the developer does not pay all of the initial construction costs of the extension, the provisions of NRS 338.013 to 338.090 , inclusive, apply to the contract. The board, the developer, any contractor who is awarded a contract or enters into an agreement to perform the extension or installation of appurtenances to the extension, and any subcontractor who performs any portion of the extension or installation of appurtenances to the extension shall comply with the provisions of NRS 338.013 to 338.090 , inclusive, in the same manner as if the board had undertaken the extension or had awarded the contract.

(Added to NRS by 1959, 463 ; A 1967, 1711 ; 1971, 1053 ; 1977, 541 ; 1983, 1285 ; 1995, 12 ; 2019, 712 )

NRS 318.144

NRS

318.144

Supply, storage and distribution of water.

The board may acquire, construct, reconstruct, improve, extend or better a works, system or facilities for the supply, storage and distribution of water for private and public purposes.
The provisions of chapters 332 and 339

of NRS do not apply to a contract under which a private developer constructs water facilities for his or her development. Except as otherwise provided in this subsection, the provisions of chapter 338

of NRS do not apply to such a contract. If the developer does not pay all of the initial construction costs of the facility, the provisions of NRS 338.013 to 338.090 , inclusive, apply to the contract. The board, the developer, any contractor who is awarded a contract or enters into an agreement to perform the construction of the facility, and any subcontractor who performs any portion of the construction of the facility shall comply with the provisions of NRS 338.013 to 338.090 , inclusive, in the same manner as if the board had undertaken the construction or had awarded the contract.

(Added to NRS by 1961, 464 ; A 1967, 1712 ; 1971, 1054 ; 1973, 716 ; 1977, 542 ; 1995, 12 ; 2019, 712 )

NRS 321.300

NRS

321.300

Contractors and patentees deemed to have right to exclusive possession or fee simple title, including all gas, coal, oil and oil shales, subject to royalty payments.

Every person who entered into a contract with the State of Nevada for the purchase of any trust lands of the State of Nevada before July 3, 1997, or his or her heirs, assigns or lawful successors, and every patentee of trust lands purchased from the State of Nevada, shall, subject to the royalty provided for in subsection 3, be deemed and held to have the right to the exclusive possession of the lands described in the contract or patent, including all gas, coal, oil and oil shales that may exist in those lands.
Every person who has received or is entitled to receive a patent from this State granting to the person any of those lands, or his or her heirs, assigns or lawful successors shall, subject to the royalty provided for in subsection 3, be deemed to have the fee simple title to the lands described in the patent, including all gas, coal, oil and oil shales which may exist therein.
Any person described in subsection 1 or 2 shall pay to the State of Nevada for the fund which was the original beneficiary of those lands a royalty of 5 percent of the net proceeds of all gas, coal or oil mined or extracted therefrom.
The provisions of this section do not impair any rights acquired before July 1, 1921, pursuant to existing laws to any of those lands or rights therein.

[1:172:1921; NCL § 5545] + [2:172:1921; NCL § 5546]—(NRS A 1997, 966 )

PATENTS

NRS 321.416

NRS

321.416

Applicability of provisions governing public property and purchasing and public works and planning to public-private partnerships; duties of State Land Registrar, private partner, contractor and subcontractor to comply with certain provisions governing employment; designation of building official for work performed.

The provisions of chapters 333 , 338

and 341 of NRS do not apply to a public-private partnership, except the provisions of NRS 338.013 to 338.090 , inclusive, apply to a contract to perform work in connection with the preservation, rehabilitation, restoration, reconstruction or adaptive use of a historic building pursuant to a public-private partnership. The private partner and a contractor who is awarded the contract or enters into the agreement to perform the preservation, rehabilitation, restoration, reconstruction or adaptive use of the historic building shall include in the contract or other agreement the contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to the provisions of NRS 338.013 to 338.090 , inclusive. The State Land Registrar, the private partner, any contractor who is awarded a contract or enters into an agreement to perform such work on the historic building project and any subcontractor who performs work on the historic building project shall comply with the provisions of NRS 338.013 to 338.090 , inclusive, in the same manner as if a public body had undertaken the project or had awarded the contract.

The Deputy Administrator of the Public Works - Compliance and Code Enforcement Section of the State Public Works Division of the Department of Administration shall serve as the building official on the work performed in connection with the preservation, rehabilitation, restoration, reconstruction or adaptive use of a historic building pursuant to a public-private partnership.

(Added to NRS by 2017, 4119 )

NRS 322.050

NRS

322.050

Leases of or easements over state lands authorized; concurrence of contracting parties and state agencies required.

Except as otherwise provided in NRS 334.070 and

504.147 , the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources, as ex officio State Land Registrar, may, in addition to the authority to lease provided in NRS 322.010 ,

322.020 and 322.030 , lease or grant easements over or upon any land now or hereafter owned by the State of Nevada, or which may hereafter be granted it by the United States of America, upon terms as provided in NRS 322.060 . Leases or grants of easements over or upon contract lands may be made only with the consent of the contracting party, who must be paid all money received from any such lease or grant. Leases or grants of easements over or upon any lands which are used by any office, department, board, commission, bureau, institution or other agency of the State of Nevada may be granted only with the concurrence of the agency.

(Added to NRS by 1961, 588 ; A 1963, 534 ; 1975, 106 ; 1979, 906 ; 1983, 1250 ; 1989, 511 ; 1995, 834 )

NRS 324.160

NRS

324.160

Contract between Division and applicant: Contents; conditions; bond; forfeiture.

Upon approval by the Secretary of the Interior of the application for a segregation, the Division must enter into a contract with the applicant for the segregation. The contract must contain:

(a) Such complete specifications with respect to the system of irrigation works proposed to reclaim the lands of the segregation as the Division prescribes by regulation.

(b) The price, conditions and terms per acre at which the irrigation works and perpetual water rights will be sold to settlers.

(d) Such additional requirements and stipulations as are necessary to protect the good reputation of the State and the rights of all parties in interest from the date of the contract to the complete consummation of the enterprise.

The contract must not be entered into until the contractor has filed a satisfactory bond in a penal sum equal to 5 percent of the estimated cost of the works which is conditioned upon the faithful performance of the contract with this state.
If, within 3 months after notice by the Division to the applicant, by registered or certified letter addressed to the applicants last known address, that the segregation has been approved by the Secretary of the Interior, the applicant or his or her agent fails to appear and execute a contract with the State and supply the bond as required, the applicant defaults his or her interest in the land to the State, unless the Division grants an extension of time which may not exceed 30 days. The Division may advertise the interest of the applicant for sale and sell it to the highest bidder under such regulations as the Division prescribes, and sell the interest and enter into a contract covering the segregation with the purchaser. In such a case the State Engineer shall transfer the application for the water right to the purchaser. The proceeds of the sale must be used to reimburse the Division for the costs of the advertisement and sale. The surplus, if any, must be deposited in the Carey Act Account.

[8:76:1911; RL § 3071; NCL § 5482]—(NRS A 1969, 95 ; 1977, 1196 ; 1979, 232 , 665 ;

1991, 1765 )

NRS 324.170

NRS

324.170

Further conditions of contracts; exceptions to forfeitures.

All contracts shall state:

(a) That the works covered by the contract shall begin within 6 months from the date of the contract;

(b) That the construction shall be prosecuted diligently and continuously to completion; and

(c) That the cessation of work under the contract for a period of 6 months shall forfeit to the State all rights under the contract and the penal sum named in the bond.

No property or right which was vested in the applicant or contractor at the date of the contract shall be forfeited.
In cases of contractors who, at the date of the application, own or have vested rights in water, and in a reservoir site, canals or other irrigation works, the forfeitures shall extend only to such portions of the system unconstructed at the time of default and to the penalty of the bond given by such contractor.

[9:76:1911; A 1919, 232 ; 1919 RL § 3072; NCL § 5483]

NRS 324.200

NRS

324.200

Payment not required until water available, bond deposited or guarantees made.

A person, association, company or corporation contracting with the State under the provisions of this chapter, or their assigns, shall not require any advance payment of any settler or prospective settler prior to the time when water for the irrigation of his or her entry or allotment is actually available, unless a satisfactory bond in such sum as the Division requires is deposited with the Division, conditioned on the return to the settler, with interest at 6 percent per annum, of all payments so made, if water for the irrigation of his or her entry or allotment is not available at the time stipulated in the agreement with the settler.
In lieu of a bond as provided in subsection 1, the Division may authorize advance sales to be made by or through the agency of a bank or trust company furnishing satisfactory assurances and guarantees that if the project is not consummated to deliver water for the irrigation of such settlers entry or allotment within the time specified, such payments with interest shall be returned to the settler.

[14:76:1911; RL § 3077; NCL § 5488]—(NRS A 1977, 1198 )

NRS 324.290

NRS

324.290

Division not to obligate State under contracts.

This chapter does not authorize the Division to obligate the State to pay for any work constructed under any contract or to hold the State in any way responsible to settlers for the failure of contractors to complete the work according to the terms of their contracts with the State.

[11:76:1911; RL § 3074; NCL § 5485]—(NRS A 1977, 1200 )

NRS 326.070

NRS

326.070

Adverse entrant guilty of unlawful entry; proceedings for removal.

All lands in this state shall be deemed and regarded as public lands until the legal title is known to have passed from the government to private persons.
Every person who shall have complied with the provisions of NRS 326.010 to 326.070 , inclusive, shall be deemed and held to have the right or title of possession of all the lands embraced within the survey, not to exceed 160 acres; and any person who shall thereafter, without the consent of the person so complying, enter into or upon such lands adversely, shall be deemed and held guilty of an unlawful and fraudulent entry thereon, and may be removed therefrom by proceedings had before any justice of the peace of the township in which the lands are situated. Such proceedings may be commenced and prosecuted under the provisions of NRS 40.220 to 40.420 , inclusive, and all the provisions contained in those sections are made applicable to proceedings under NRS 326.010 to 326.070 , inclusive.

[7:95:1865; A 1869, 72 ; B § 84; BH § 3744; C § 3820; RL § 5855; NCL § 9438]—(NRS A 2015, 3138 )

MAINTENANCE AND DEFENSE OF POSSESSORY ACTIONS BY APPLICANTS AND CONTRACTORS TO PURCHASE PUBLIC LANDS

NRS 326.080

NRS

326.080

Right to exclusive possession in applicant or contractor.

Every person who has applied to the State of Nevada to purchase any land from the State, or who has contracted with the State of Nevada for such purchase, or who may hereafter apply to or contract with the State of Nevada, in good faith, for the purchase of any of its public land, and who has paid or shall pay to the proper state officers the amount of money requisite under such application or contract, shall be deemed and held to have the right to the exclusive possession of the land described in such application or contract, provided no actual adverse possession thereof existed in another at the date of the application.

[1:133:1887; C § 325; RL § 3224; NCL § 5542]

NRS 326.090

NRS

326.090

Right of contractor or applicant to maintain or defend action concerning possession.

Every person who has contracted with the State of Nevada, in good faith, to purchase any land from the State shall be entitled to maintain or defend an action at law or in equity concerning such land or its possession, which may be maintained or defended by persons who own land in fee.
Every person who has applied or may hereafter apply to the State of Nevada, in good faith, to purchase any land from the State, and has paid or shall pay the amount of money which may be required under such application to the proper state officer, shall be deemed and held to have the right to the exclusive possession of such land, and shall be entitled to maintain and defend an action at law or in equity, concerning such land or the possession thereof, which may be maintained or defended by persons who own land in fee, provided no actual adverse possession of such land existed in another at the date of such application.

[2:133:1887; C § 326; RL § 3225; NCL § 5543]

NRS 332.135

NRS

332.135

Contracts with carriers; solicitation of informal rate quotations; contracts with Purchasing Division of Department of Administration.

Nothing in this chapter prohibits a governing body or its authorized representative from contracting for interstate or intrastate carriage of persons or property with a certificated common or contract carrier at the rates set forth in the officially approved tariff of such carrier.
Nothing in this section prohibits a governing body or its authorized representative from soliciting informal rate quotations.
Nothing in this chapter prohibits a governing body or its authorized representative from obtaining supplies, materials, equipment or services on a voluntary basis from the Purchasing Division of the Department of Administration pursuant to NRS 333.470 .

(Added to NRS by 1975, 1538 ; A 1991, 618 ; 1993, 1564 )

NRS 332.195

NRS

332.195

Entering into contract pursuant to solicitation by other governmental entities or cooperative purchasing organizations; prohibition if contractors license required for portion of work to be performed.

Except as otherwise provided in this section, a governing body or its authorized representative may enter into a contract pursuant to a solicitation by:

(a) A governmental entity located within or outside this State with the authorization of the contracting vendor. The originally contracting local government is not liable for the obligations of the governmental entity which enters into a contract in response to the solicitation in accordance with this paragraph.

(b) The State of Nevada or another state with the authorization of the contracting vendor. The State of Nevada or other state is not liable for the obligations of the local government which enters into a contract in response to the solicitation in accordance with this paragraph.

(c) A cooperative purchasing organization. A cooperative purchasing organization is not liable for the obligations of the local government which enters into a contract in response to the solicitation in accordance with this paragraph.

A governing body or its authorized representative shall not enter into a contract pursuant to this section if a contractors license issued pursuant to chapter 624 of NRS is required for any portion of the work to be performed under the contract.
As used in this section, cooperative purchasing organization means an organization that implements a cooperative arrangement to agree to aggregate demand on behalf of public entities for the purpose of obtaining lower prices from certain suppliers to reduce the costs of procurement.

(Added to NRS by 1975, 1539 ; A 1985, 357 ; 1999, 1686 ; 2001, 1320 ; 2003, 2263 ; 2005, 2556 ; 2013, 69 ; 2019, 777 )

NRS 332.352

NRS

332.352

Criteria for qualification as qualified service company.

Except as otherwise provided in NRS 332.353 , a local government shall use the following criteria for determining whether a person satisfies the requirements to be a qualified service company pursuant to NRS 332.360 :

(a) The financial ability of the applicant to perform the work required by the local government;

(b) Whether the applicant possesses a state business license issued pursuant to chapter 76

of NRS;

(c) Whether the applicant possesses a valid contractors license issued pursuant to chapter 624 of NRS of a class corresponding to the work required by the local government and, if engineering work is required, whether the applicant possesses a valid license as a professional engineer issued pursuant to chapter 625 of NRS;

(d) Whether the applicant has the ability to obtain the necessary bonding for the work required by the local government;

(e) Whether the applicant has successfully completed an appropriate number of projects as determined by the local government, but not to exceed five projects, during the 5 years immediately preceding the date of application of similar size, scope or type as the work required by the local government;

(f) Whether the principal personnel employed by the applicant have the necessary professional qualifications and experience for the work required by the local government;

(g) Whether the applicant has breached any contracts with a public agency or person in this State or any other state during the 5 years immediately preceding the date of application;

(h) Whether the applicant has been disqualified from being awarded a contract by any governing body in the State of Nevada;

(i) Whether the applicant has been convicted of a violation for discrimination in employment during the 2 years immediately preceding the date of application;

(j) Whether the applicant has the ability to obtain and maintain insurance coverage for public liability and property damage within limits sufficient to protect the applicant and all the subcontractors of the applicant from claims for personal injury, accidental death and damage to property that may arise in connection with the work required by the local government;

(k) Whether the applicant has established a safety program that complies with the requirements of chapter 618 of NRS;

(l) Whether the applicant has been disciplined or fined by the State Contractors Board or another state or federal agency for conduct that relates to the ability of the applicant to perform the work required by the local government;

(m) Whether, during the 5 years immediately preceding the date of application, the applicant has filed as a debtor under the provisions of the United States Bankruptcy Code;

(n) Whether the application is truthful and complete; and

(o) Whether, during the 5 years immediately preceding the date of the application, the applicant has, as a result of causes within the control of the applicant or a subcontractor or supplier of the applicant, failed to perform any contract:

(1) In the manner specified by the contract and any change orders initiated or approved by the person or governmental entity that awarded the contract or its authorized representative;

(2) Within the time specified by the contract unless extended by the person or governmental entity that awarded the contract or its authorized representative; or

(3) For the amount of money specified in the contract or as modified by any change orders initiated or approved by the person or governmental entity that awarded the contract or its authorized representative.

Ê Evidence of the failures described in this subsection may include, without limitation, the assessment of liquidated damages against the applicant, the forfeiture of any bonds posted by the applicant, an arbitration award granted against the applicant or a decision by a court of law against the applicant.

Except as otherwise provided in NRS 332.353 , in addition to the criteria described in subsection 1, the local government may use any other relevant criteria that are necessary to determine whether a person satisfies the requirements to be a qualified service company pursuant to NRS 332.360 .

(Added to NRS by 2009, 963 )

NRS 332.390

NRS

332.390

Prevailing wage requirement; duty of qualified service company to furnish bonds before entering into certain performance contracts.

If a performance contract entered into pursuant to NRS 332.300 to 332.440 , inclusive, requires the employment of skilled mechanics, skilled workers, semiskilled mechanics, semiskilled workers or unskilled labor to perform the performance contract, the performance contract must include a provision relating to the prevailing wage as required pursuant to NRS 338.013 to 338.090 , inclusive. The local government, the qualified service company, any contractor who is awarded a contract or enters into an agreement to perform the work for the performance contract, and any subcontractor who performs any portion of that work shall comply with the provisions of NRS 338.013 to 338.090 , inclusive, in the same manner as if the local government had undertaken the work or had awarded the contract.
Before a qualified service company enters into a performance contract pursuant to NRS 332.300 to 332.440 , inclusive, that exceeds $100,000, the qualified service company must furnish to the contracting body any bonds required pursuant to NRS 339.025 . The provisions of chapter 339 of NRS apply to any performance contract described in this subsection.

(Added to NRS by 2003, 3053 ; A 2009, 969 ; 2019, 712 )

NRS 333.155

NRS

333.155

Regulations concerning purchase of new equipment: Consideration of renting equipment and contracting for service to maintain equipment.

The Administrator shall adopt regulations which set forth standards to be used by using agencies when purchasing new equipment in order to determine:

Whether the equipment can be leased or rented at a cost that is equal to or less than the cost of purchasing the equipment; and
If a service is required to maintain the equipment, whether the service would be performed more efficiently by the agency or a private contractor.

(Added to NRS by 1993, 925 )

NRS 333.315

NRS

333.315

Cost of providing service to be determined including all costs related to contract, including monitoring or reviewing private contractor.

If a contract for the provision of a service furnished by a using agency is awarded through the process of competitive bidding, the bid or proposal of a using agency or the cost of furnishing the service through a using agency must be determined by including all costs related to the contract, including a reasonable estimate of any costs of a using agency for monitoring or reviewing a contract with a private contractor.

(Added to NRS by 1993, 875 )

NRS 333.3366

NRS

333.3366

Preference for bid or proposal submitted by local business owned and operated by veteran with service-connected disability: Amount of preference.

For the purpose of awarding a formal contract solicited pursuant to subsection 2 of NRS 333.300 or awarding a contract for the services of a person as an independent contractor pursuant to subsection 1 of NRS 333.700 , if a local business owned and operated by a veteran with a service-connected disability submits a bid or proposal for such a contract and is a responsive and responsible bidder, the bid or proposal shall be deemed to be 5 percent lower than the bid or proposal actually submitted.
Except as otherwise provided in this subsection, the preference described in subsection 1 may not be combined with any other preference. The provisions of this subsection do not prohibit the imposition of an inverse preference pursuant to NRS 333.33695 .

(Added to NRS by 2009, 2665 ; A 2015, 559 ; 2019, 782 ; 2021, 299 )

NRS 333.370

NRS

333.370

Appeal by person making unsuccessful bid or proposal.

A person who makes an unsuccessful bid or proposal may file a notice of appeal with the Purchasing Division and with the Hearings Division of the Department of Administration within 11 days after the date of award as entered on the bid record. The notice of appeal must include a written statement specifying any alleged violation of this chapter.
A person filing a notice of appeal must post a bond with good and solvent surety authorized to do business in this state or submit other security, in a form approved by the Administrator by regulation, to the Purchasing Division, who shall hold the bond or other security until a determination is made on the appeal. Except as otherwise provided in subsection 3, a bond posted or other security submitted with a notice of appeal must be in an amount equal to 25 percent of the total value of the successful bid submitted.
If the total value of the successful bid cannot be determined because the total requirements for the contract are estimated as of the date of award, a bond posted or other security submitted with a notice of appeal must be in an amount equal to 25 percent of the estimated total value of the contract. Upon request, the Administrator shall provide:

(a) The estimated total value of the contract; or

(b) The method for determining the estimated total value of the contract,

Ê based on records of past experience and estimates of anticipated requirements furnished by the using agency.

Within 20 days after receipt of the notice of appeal, a hearing officer of the Hearings Division of the Department of Administration shall hold a contested hearing on the appeal in substantial compliance with the provisions of NRS 233B.121 to 233B.1235 , inclusive,

233B.125 and 233B.126 . The successful bidder must be given notice of the hearing in the same manner as the person who filed the notice of appeal. The successful bidder may participate in the hearing. Within 60 days after receipt of the notice of appeal, the hearing officer shall make a determination on the appeal.

The hearing officer may only cancel the award for lack of compliance with the provisions of this chapter. A cancellation of the award requires a new award in accordance with the provisions of this chapter.
A notice of appeal filed in accordance with the provisions of this section operates as a stay of action in relation to any contract until a determination is made by the hearing officer on the appeal.
A person who makes an unsuccessful bid or proposal may not seek any type of judicial intervention until the hearing officer has made a determination on the appeal.
The Administrator may make as many open market purchases of the commodities or services as are urgently needed to meet the requirements of the Purchasing Division or the using agency until a determination is made on the appeal. With the approval of the Administrator, the using agency may make such purchases for the agency.
Neither the State of Nevada, nor any agency, contractor, department, division, employee or officer of the State is liable for any costs, expenses, attorneys fees, loss of income or other damages sustained by a person who makes an unsuccessful bid or proposal, whether or not the person files a notice of appeal pursuant to this section.
If the appeal is upheld and the award is cancelled, the bond posted or other security submitted with the notice of appeal must be returned to the person who posted the bond or submitted the security. If the appeal is rejected and the award is upheld, a claim may be made against the bond or other security by the Purchasing Division and the using agency to the Hearings Division of the Department of Administration in an amount equal to the expenses incurred and other monetary losses suffered by the Purchasing Division and the using agency because of the unsuccessful appeal. The hearing officer shall hold a hearing on the claim in the same manner as prescribed in subsection 4. Any money not awarded by the hearing officer must be returned to the person who posted the bond or submitted the security.

[26:333:1951]—(NRS A 1963, 1058 ; 1971, 14 ; 1985, 45 ; 1991, 623 ; 1995, 378 ; 1997, 487 ; 2019, 783 )

NRS 333.395

NRS

333.395

Contracts with certificated interstate or intrastate carriers of persons or property; informal quotations of rates.

Nothing in this chapter prohibits the Administrator or a using agency from contracting for interstate or intrastate carriage of persons or property with a certificated common or contract carrier at the rates set forth in the officially approved tariff of such carrier.
Nothing in this section prohibits the Administrator or a using agency from soliciting informal rate quotations.

(Added to NRS by 1969, 1057 )

NRS 333.480

NRS

333.480

Purchase and acquisition of supplies, materials or equipment from vendor who has entered into agreement with General Services Administration or certain other federal agencies; prohibition if contractors license required for agreement.

Except as otherwise provided in subsection 2, the Administrator may purchase or acquire on behalf of the State of Nevada, and all officers, departments, institutions, boards, commissions, schools and other agencies in the Executive Department of the State Government, volunteer fire departments, local governments as defined in NRS 354.474 , conservation districts or irrigation districts of the State of Nevada, any supplies, materials or equipment of any kind required or deemed advisable for the state officers, departments, institutions, boards, commissions, schools, volunteer fire departments and other agencies or local governments as defined in NRS 354.474 , conservation districts or irrigation districts that may be available pursuant to an agreement with a vendor who has entered into an agreement with the General Services Administration or another federal agency dealing in supplies, materials, equipment or donable surplus material if:

(a) The prices for the supplies, materials or equipment negotiated in the agreement that the Administrator enters into with the vendor are substantially similar to the prices for those supplies, materials or equipment that the vendor had negotiated with the General Services Administration or other federal agency; and

(b) The Administrator determines that such an agreement would be in the best interests of the State.

The Administrator shall not enter into an agreement pursuant to subsection 1 if a contractors license issued pursuant to chapter 624 of NRS is required for any portion of the agreement.

[42:333:1951; A 1953, 585 ]—(NRS A 1963, 49 , 489 ,

1285 ;

1975, 249 ; 1989, 2145 ; 2001, 1320 ; 2013, 69 ; 2019, 785 )

NRS 333.495

NRS

333.495

Authorizations to secure transfer of federal surplus property to state departments, agencies or political subdivisions.

Any provision of law to the contrary notwithstanding, the governing board or, if there be none, the executive head of any state department or agency or any local government as defined in NRS 354.474 , conservation district or irrigation district may, by order or resolution, confer upon any officer or employee thereof authority to secure the transfer to it of federal donable surplus property under this chapter and agree on behalf of the State or local government as defined in NRS 354.474 , conservation district or irrigation district to comply with the terms and conditions of such transfers.
The authority conferred upon any such officer or employee by any such order or resolution shall remain in effect unless and until the order or resolution is revoked and written notice of such revocation has been received by the Administrator.

(Added to NRS by 1957, 151 ; A 1963, 1062 ; 1975, 250 )

INDEPENDENT CONTRACTORS

NRS 333.700

NRS

333.700

Definition; contracts for services; regulations.

Except as otherwise provided in NRS 333.705 , a using agency may contract for the services of a person as an independent contractor. Except as otherwise provided by specific statute, each such contract must be awarded pursuant to this chapter.
An independent contractor is a natural person, firm or corporation who agrees to perform services for a fixed price according to his, her or its own methods and without subjection to the supervision or control of the other contracting party, except as to the results of the work, and not as to the means by which the services are accomplished.
For the purposes of this section:

(a) Travel, subsistence and other personal expenses may be paid to an independent contractor, if provided for in the contract, in such amounts as provided for in the contract. Those expenses must not be paid pursuant to the provisions of NRS 281.160 .

(b) There must be no:

(1) Withholding of income taxes by the State;

(2) Coverage for industrial insurance provided by the State;

(3) Participation in group insurance plans which may be available to employees of the State;

(4) Participation or contributions by either the independent contractor or the State to the Public Employees Retirement System;

(5) Accumulation of vacation leave or sick leave; or

(6) Coverage for unemployment compensation provided by the State if the requirements of NRS 612.085 for independent contractors are met.

An independent contractor is not in the classified or unclassified service of the State and has none of the rights or privileges available to officers or employees of the State of Nevada.
If the contract is for services for which a license, certificate, registration, permit or other type of authorization is required by law, an independent contractor must hold the appropriate, current authorization that is required by law for the services.
Except as otherwise provided in this subsection, each contract for the services of an independent contractor must be in writing. The form of the contract must be first approved by the Attorney General, and except as otherwise provided in subsection 8, an executed copy of each contract must be filed with the Fiscal Analysis Division of the Legislative Counsel Bureau and the Clerk of the State Board of Examiners. The State Board of Examiners may waive the requirements of this subsection in the case of contracts which are for amounts less than $2,000.
Except as otherwise provided in subsection 8, and except for contracts entered into by the Nevada System of Higher Education, each proposed contract with an independent contractor must be submitted to the State Board of Examiners. The contracts do not become effective without the prior approval of the State Board of Examiners, except that the State Board of Examiners may authorize its Clerk or a designee to approve contracts which are:

(a) For amounts less than $100,000; or

(b) Entered into by the Nevada Gaming Control Board for the purposes of investigating an applicant for or holder of a gaming license.

Copies of the following types of contracts need not be filed or approved as provided in subsections 6 and 7:

(a) Contracts executed by the Department of Transportation, other than contracts subject to the provisions of NRS 333.705 or 408.353 .

(b) Contracts executed by the State Public Works Division of the Department of Administration or any other state department or agency for any work of construction or major repairs of state buildings, if the contracting process was controlled by the rules of open competitive bidding.

(d) Contracts executed with business entities for any work of maintenance or repair of office machines and equipment.

The State Board of Examiners shall review each contract submitted for approval pursuant to subsection 7 to consider:

(a) Whether sufficient authority exists to expend the money required by the contract; and

(b) Whether the service which is the subject of the contract could be provided by a state agency in a more cost-effective manner.

Ê If the contract submitted for approval continues an existing contractual relationship, the State Board of Examiners shall ask each agency to ensure that the State is receiving the services that the contract purports to provide.

If the services of an independent contractor are contracted for to represent an agency of the State in any proceeding in any court, the contract must require that the independent contractor identify in all pleadings the specific state agency which he or she is representing.
Except as otherwise provided in this subsection, a contract for the services of an independent contractor may be performed in parts or phases. A contract for the services of an independent contract must not be split into separate contracts for the purpose of avoiding any requirements for competitive bidding.
The State Board of Examiners may adopt regulations to carry out the provisions of this section.

(Added to NRS by 2009, 2229 ; A 2013, 49 ; 2019, 50 ; 2021, 2027 )

NRS 333.705

NRS

333.705

Contracts for services: Limitations and requirements; approval by State Board of Examiners; emergencies; reports to Interim Finance Committee; exceptions. [Effective through December 31, 2025.]

Except as otherwise provided in this section, a using agency shall not enter into a contract with a person to provide services for the using agency if:

(a) The person is a current employee of an agency of this State;

(b) The person is a former employee of an agency of this State and less than 2 years have expired since the termination of the persons employment with the State; or

(c) The person is employed by the Department of Transportation for a transportation project that is entirely funded by federal money and the term of the contract is for more than 4 years,

Ê unless the using agency submits a written disclosure to the State Board of Examiners indicating the services to be provided pursuant to the contract and the person who will be providing those services and, after reviewing the disclosure, the State Board of Examiners approves entering into a contract with the person. The requirements of this subsection apply to any person employed by a business or other entity that enters into a contract to provide services for a using agency if the person will be performing or producing the services for which the business or entity is employed.

The provisions of paragraph (b) of subsection 1 apply to employment through a temporary employment service. A temporary employment service providing employees for a using agency shall provide the using agency with the names of the employees to be provided to the agency. The State Board of Examiners shall not approve a contract pursuant to paragraph (b) of subsection 1 unless the Board determines that one or more of the following circumstances exist:

(a) The person provides services that are not provided by any other employee of the using agency or for which a critical labor shortage exists; or

(b) A short-term need or unusual economic circumstance exists for the using agency to contract with the person.

The approval by the State Board of Examiners to contract with a person pursuant to subsection 1:

(a) May occur at the same time and in the same manner as the approval by the State Board of Examiners of a proposed contract pursuant to subsection 7 of NRS 333.700 ; and

(b) Must occur before the date on which the contract becomes binding on the using agency.

A using agency may contract with a person pursuant to paragraph (a) or (b) of subsection 1 without obtaining the approval of the State Board of Examiners if the term of the contract is for less than 4 months and the head of the using agency determines that an emergency exists which necessitates the contract. If a using agency contracts with a person pursuant to this subsection, the using agency shall submit a copy of the contract and a description of the emergency to the State Board of Examiners, which shall review the contract and the description of the emergency and notify the using agency whether the State Board of Examiners would have approved the contract if it had not been entered into pursuant to this subsection.
Except as otherwise provided in subsection 9, a using agency shall, not later than 10 days after the end of each fiscal quarter, report to the Interim Finance Committee concerning all contracts to provide services for the using agency that were entered into by the using agency during the fiscal quarter with a person who is a current or former employee of a department, division or other agency of this State.
Except as otherwise provided in subsection 9, a using agency shall not contract with a temporary employment service unless the contracting process is controlled by rules of open competitive bidding.
Each board or commission of this State and each institution of the Nevada System of Higher Education that employs a consultant shall, at least once every 6 months, submit to the Interim Finance Committee a report setting forth:

(a) The number of consultants employed by the board, commission or institution;

(b) The purpose for which the board, commission or institution employs each consultant;

(d) The length of time each consultant has been employed by the board, commission or institution.

A using agency, board or commission of this State and each institution of the Nevada System of Higher Education:

(a) Shall make every effort to limit the number of contracts it enters into with persons to provide services which have a term of more than 2 years and which are in the amount of less than $1,000,000; and

(b) Shall not enter into a contract with a person to provide services without ensuring that the person is in active and good standing with the Secretary of State.

The provisions of subsections 1 to 6, inclusive, do not apply to:

(a) The Nevada System of Higher Education or a board or commission of this State.

(b) The employment of professional engineers by the Department of Transportation if those engineers are employed for a transportation project that is entirely funded by federal money.

(1) Pursuant to the State Plan for Medicaid established pursuant to NRS 422.063 .

(2) For financial services.

(3) Pursuant to the Public Employees Benefits Program.

(d) The employment of a person by a business or entity which is a provider of services under the State Plan for Medicaid and which provides such services on a fee-for-service basis or through managed care.

(e) The employment of a former employee of an agency of this State who is not receiving retirement benefits under the Public Employees Retirement System during the duration of the contract.

(Added to NRS by 2013, 47 ; A 2017, 585 )

NRS

333.705

Contracts for services: Limitations and requirements; approval by State Board of Examiners; emergencies; reports to Interim Finance Committee; exceptions. [Effective January 1, 2026.]

Except as otherwise provided in this section, a using agency shall not enter into a contract with a person to provide services for the using agency if:

(a) The person is a current employee of an agency of this State;

(b) The person is a former employee of an agency of this State and less than 2 years have expired since the termination of the persons employment with the State; or

(c) The person is employed by the Department of Transportation for a transportation project that is entirely funded by federal money and the term of the contract is for more than 4 years,

The provisions of paragraph (b) of subsection 1 apply to employment through a temporary employment service. A temporary employment service providing employees for a using agency shall provide the using agency with the names of the employees to be provided to the agency. The State Board of Examiners shall not approve a contract pursuant to paragraph (b) of subsection 1 unless the Board determines that one or more of the following circumstances exist:

(a) The person provides services that are not provided by any other employee of the using agency or for which a critical labor shortage exists; or

(b) A short-term need or unusual economic circumstance exists for the using agency to contract with the person.

The approval by the State Board of Examiners to contract with a person pursuant to subsection 1:

(a) May occur at the same time and in the same manner as the approval by the State Board of Examiners of a proposed contract pursuant to subsection 7 of NRS 333.700 ; and

(b) Must occur before the date on which the contract becomes binding on the using agency.

A using agency may contract with a person pursuant to paragraph (a) or (b) of subsection 1 without obtaining the approval of the State Board of Examiners if the term of the contract is for less than 4 months and the head of the using agency determines that an emergency exists which necessitates the contract. If a using agency contracts with a person pursuant to this subsection, the using agency shall submit a copy of the contract and a description of the emergency to the State Board of Examiners, which shall review the contract and the description of the emergency and notify the using agency whether the State Board of Examiners would have approved the contract if it had not been entered into pursuant to this subsection.
Except as otherwise provided in subsection 9, a using agency shall, not later than 10 days after the end of each fiscal quarter, report to the Interim Finance Committee concerning all contracts to provide services for the using agency that were entered into by the using agency during the fiscal quarter with a person who is a current or former employee of a department, division or other agency of this State.
Except as otherwise provided in subsection 9, a using agency shall not contract with a temporary employment service unless the contracting process is controlled by rules of open competitive bidding.
Each board or commission of this State and each institution of the Nevada System of Higher Education that employs a consultant shall, at least once every 6 months, submit to the Interim Finance Committee a report setting forth:

(a) The number of consultants employed by the board, commission or institution;

(b) The purpose for which the board, commission or institution employs each consultant;

(d) The length of time each consultant has been employed by the board, commission or institution.

A using agency, board or commission of this State and each institution of the Nevada System of Higher Education:

(b) Shall not enter into a contract with a person to provide services without ensuring that the person is in active and good standing with the Secretary of State.

The provisions of subsections 1 to 6, inclusive, do not apply to:

(a) The Nevada System of Higher Education or a board or commission of this State.

(b) The employment of professional engineers by the Department of Transportation if those engineers are employed for a transportation project that is entirely funded by federal money.

(1) Pursuant to the State Plan for Medicaid established pursuant to NRS 422.063 .

(2) For financial services.

(3) Pursuant to the Public Employees Benefits Program.

(4) Pursuant to the Public Option established pursuant to NRS 695K.200 .

(e) The employment of a former employee of an agency of this State who is not receiving retirement benefits under the Public Employees Retirement System during the duration of the contract.

(Added to NRS by 2013, 47 ; A 2017, 585 ; 2021, 3634 , effective January 1, 2026)

NRS 333.710

NRS

333.710

Contracts for security services when personnel of Capitol Police Division not available; use of independent contractors by Supreme Court.

If personnel of the Capitol Police Division of the Department of Public Safety are not available to provide security services for a building, office or other facility of a using agency, the using agency may, pursuant to NRS 333.700 , contract with one or more independent contractors to provide such services.
If the Chief Justice of the Supreme Court determines that additional security is needed for the safe operation of any facility or building that is owned by or leased to the Supreme Court and occupied by its employees, the Supreme Court may contract with one or more independent contractors to provide security services for the facility or building. Any contractor with whom the Supreme Court contracts for these services is subject to the oversight of a peace officer who provides security services for the Supreme Court and who is designated and directed by the Chief Justice.
An independent contractor with whom a using agency contracts pursuant to subsection 1 must:

(a) Be licensed as a private patrol officer pursuant to chapter 648 of NRS or employed by a person so licensed; and

(b) Possess the skills required of and meet the same physical requirements as law enforcement personnel certified by the Peace Officers Standards and Training Commission created pursuant to NRS 289.500 .

An independent contractor with whom the Supreme Court contracts pursuant to subsection 2 must be licensed as a private patrol officer pursuant to chapter 648 of NRS or employed by a person so licensed.

(Added to NRS by 2009, 2231 ; A 2011, 80 )

PROHIBITIONS AND PENALTIES

NRS 334.010

NRS

334.010

State automobiles: Purchase; use; identification; penalty.

No automobile may be purchased by any department, office, bureau, officer or employee of the State without prior written consent of the State Board of Examiners.
All such automobiles must be used for official purposes only.
All such automobiles, except:

(a) Automobiles maintained for and used by the Governor;

(b) Automobiles used by or under the authority and direction of the Chief Parole and Probation Officer, the State Contractors Board and auditors, the State Fire Marshal, the Investigation Division of the Department of Public Safety, the investigators of the Nevada Gaming Control Board, the investigators of the Securities Division of the Office of the Secretary of State and the investigators of the Attorney General;

(d) Two automobiles used by the Caliente Youth Center;

(e) Three automobiles used by the Nevada Youth Training Center; and

(f) Four automobiles used by the Youth Parole Bureau of the Division of Child and Family Services of the Department of Health and Human Services,

Ê must be labeled by painting the words State of Nevada and For Official Use Only on the automobiles in plain lettering. The Director of the Department of Administration or a representative of the Director shall prescribe the size and location of the label for all such automobiles.

In accordance with the provisions of chapter 333 of NRS, each department, office, bureau, officer or employee of the State shall:

(a) To the extent practicable, give preference to the purchase of automobiles which minimize:

(1) Emissions from the automobile; and

(2) The total costs of the automobile over the service life of the automobile, which may include, without limitation, fuel costs, maintenance costs and any rebates or financial incentives offered for the purchase of the automobile;

(b) To the extent practicable, purchase motor vehicle fuel blended with ethanol, including, without limitation, gasoline, biodiesel and biomass-based diesel blends for use in the automobile; and

(c) If purchasing an automobile powered by diesel fuel, ensure that the vehicle is capable of using biodiesel fuel blends comprised of not less than 20 percent by volume of biodiesel fuel.

Each department, office, bureau, officer or employee of the State shall maintain records on the type of fuel used by each automobile purchased by the department, office, bureau, officer or employee, which may include, without limitation, electric, gasoline, compressed natural gas, diesel, hydrogen or hybrid fuel sources.
Any officer or employee of the State of Nevada who violates any provision of subsection 1, 2 or 3 is guilty of a misdemeanor.
As used in this section:

(a) Biodiesel has the meaning ascribed to it in

NRS 590.070 .

(b) Biomass-based diesel blend has the meaning ascribed to it in NRS 590.070 .

[Part 1:7:1933; A 1947, 422 ; 1949, 360 ; 1953, 45 ; 1955, 543 ] + [2:7:1933; 1931 NCL § 6941.02]—(NRS A 1957, 62 , 743 ;

1959, 782 ; 1961, 383 , 627 ;

1963, 693 ; 1965, 314 ; 1967, 165 ; 1969, 129 ; 1971, 167 ; 1973, 84 , 289 ;

1975, 61 , 566 ;

1977, 289 ; 1979, 74 , 881 ;

1981, 1189 , 2013 ;

1985, 1984 ; 1989, 1959 ; 1991, 2127 ; 1993, 31 , 1566 ;

1995, 579 ; 2001, 2598 ; 2001 Special Session, 236 ; 2003, 289 ; 2023, 1187 )

NRS 338.010

NRS

338.010

Definitions.

As used in this chapter:

Authorized representative means a person designated by a public body to be responsible for the development, solicitation, award or administration of contracts for public works pursuant to this chapter.
Bona fide fringe benefit means a benefit in the form of a contribution that is made not less frequently than monthly to an independent third party pursuant to a fund, plan or program:

(a) Which is established for the sole and exclusive benefit of a worker and his or her family and dependents; and

(b) For which none of the assets will revert to, or otherwise be credited to, any contributing employer or sponsor of the fund, plan or program.

Ê The term includes, without limitation, benefits for a worker that are determined pursuant to a collective bargaining agreement and included in the determination of the prevailing wage by the Labor Commissioner pursuant to NRS 338.030 .

Contract means a written contract entered into between a contractor and a public body for the provision of labor, materials, equipment or supplies for a public work.
Contractor means:

(a) A person who is licensed pursuant to the provisions of chapter 624 of NRS.

(b) A design-build team.

Day labor means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a worker or workers employed by them on public works by the day and not under a contract in writing.
Design-build contract means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work.
Design-build team means an entity that consists of:

(a) At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and

(b) For a public work that consists of:

(1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS.

(2) Anything other than a building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or landscape architecture pursuant to chapter 623A

of NRS or who is licensed as a professional engineer pursuant to chapter 625 of NRS.

Design professional means:

(a) A person who is licensed as a professional engineer pursuant to chapter 625 of NRS;

(b) A person who is licensed as a professional land surveyor pursuant to chapter 625 of NRS;

(c) A person who holds a certificate of registration to engage in the practice of architecture, interior design or residential design pursuant to chapter 623 of NRS;

(d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or

(e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture.

Discrete project means one or more public works which are undertaken on a single construction site for a single public body. The term does not include one or more public works that are undertaken on multiple construction sites regardless of whether the public body which sponsors or finances the public works bundles the public works together.
Division means the State Public Works Division of the Department of Administration.
Eligible bidder means a person who is:

(a) Found to be a responsible and responsive contractor by a local government or its authorized representative which requests bids for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373 ; or

(b) Determined by a public body or its authorized representative which awarded a contract for a public work pursuant to NRS 338.1375 to 338.139 , inclusive, to be qualified to bid on that contract pursuant to NRS 338.1379

or 338.1382 .

General contractor means a person who is licensed to conduct business in one, or both, of the following branches of the contracting business:

(a) General engineering contracting, as described in subsection 2 of NRS 624.215 .

(b) General building contracting, as described in subsection 3 of NRS 624.215 .

Governing body means the board, council, commission or other body in which the general legislative and fiscal powers of a local government are vested.
Horizontal construction means any construction, alteration, repair, renovation, demolition or remodeling necessary to complete a public work, including, without limitation, any irrigation, drainage, water supply, flood control, harbor, railroad, highway, tunnel, airport or airway, sewer, sewage disposal plant or water treatment facility and any ancillary vertical components thereof, bridge, inland waterway, pipeline for the transmission of petroleum or any other liquid or gaseous substance, pier, and any other work incidental thereto. The term does not include vertical construction, the construction of any terminal or other building of an airport or airway, or the construction of any other building.
Local government means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A , 318 , 318A ,

379 , 474 , 538 , 541 , 543 and 555 of NRS, NRS 450.550 to 450.750 , inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision. The term includes a person who has been designated by the governing body of a local government to serve as its authorized representative.

Offense means:

(a) Failing to:

(1) Pay the prevailing wage required pursuant to this chapter;

(2) Pay the contributions for unemployment compensation required pursuant to chapter 612

of NRS;

(3) Provide and secure compensation for employees required pursuant to chapters 616A

to 617 , inclusive, of NRS; or

(4) Comply with subsection 5 or 6 of NRS 338.070 .

(b) Discharging an obligation to pay wages in a manner that violates the provisions of NRS 338.035 .

Prime contractor means a contractor who:

(a) Contracts to construct an entire project;

(b) Coordinates all work performed on the entire project;

(d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.

Ê The term includes, without limitation, a general contractor or a specialty contractor who is authorized to bid on a project pursuant to NRS 338.139 or 338.148 .

Public body means the State, county, city, town, school district or any public agency of this State or its political subdivisions sponsoring or financing a public work.
Public work means any project for the new construction, repair or reconstruction of a project financed in whole or in part from public money for:

(a) Public buildings;

(b) Jails and prisons;

(d) Public highways;

(e) Public streets and alleys;

(f) Public utilities;

(g) Publicly owned water mains and sewers;

(h) Public parks and playgrounds;

(i) Public convention facilities which are financed at least in part with public money; and

(j) All other publicly owned works and property.

Specialty contractor means a person who is licensed to conduct business as described in subsection 4 of NRS 624.215 .
Stand-alone underground utility project means an underground utility project that is not integrated into a larger project, including, without limitation:

(a) An underground sewer line or an underground pipeline for the conveyance of water, including facilities appurtenant thereto; and

(b) A project for the construction or installation of a storm drain, including facilities appurtenant thereto,

Ê that is not located at the site of a public work for the design and construction of which a public body is authorized to contract with a design-build team pursuant to subsection 2 of NRS 338.1711 .

Subcontract means a written contract entered into between:

(a) A contractor and a subcontractor or supplier; or

(b) A subcontractor and another subcontractor or supplier,

Ê for the provision of labor, materials, equipment or supplies for a construction project.

Subcontractor means a person who:

(a) Is licensed pursuant to the provisions of chapter 624 of NRS or performs such work that the person is not required to be licensed pursuant to chapter 624 of NRS; and

(b) Contracts with a contractor, another subcontractor or a supplier to provide labor, materials or services for a construction project.

Supplier means a person who provides materials, equipment or supplies for a construction project.
Vertical construction means any construction, alteration, repair, renovation, demolition or remodeling necessary to complete a public work for any building, structure or other improvement that is predominantly vertical, including, without limitation, a building, structure or improvement for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, and any other work or improvement appurtenant thereto.
Wages means:

(a) The basic hourly rate of pay; and

(b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other bona fide fringe benefits which are a benefit to the worker.

Worker means a skilled mechanic, skilled worker, semiskilled mechanic, semiskilled worker or unskilled worker in the service of a contractor or subcontractor under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed. The term does not include a design professional.

[1 1/2:139:1937; added 1941, 389 ; 1931 NCL § 6179.51 1/2]—(NRS A 1969, 735 ; 1979, 1288 ; 1981, 526 ; 1983, 130 , 1573 ;

1989, 1965 ; 1993, 392 , 2131 ,

2247 ;

1995, 691 ; 1999, 1849 , 1991 ,

2396 ,

3472 ,

3502 ;

2001, 252 , 1143 ,

1268 ,

2022 ,

2258 ,

2276 ;

2003, 119 , 124 ,

1518 ,

1986 ,

2411 ,

2489 ;

2005, 1793 ; 2011, 490 , 2959 ;

2013, 750 , 2958 ;

2015, 2375 ; 2017, 2034 , 2718 ,

4035 ;

2019, 696 ; 2021, 732 , 736 ,

2218 )

NRS 338.01165

NRS

338.01165

Requirements relating to use of apprentices on public works; documentation of compliance; annual report; penalties; apprenticeship agreement; regulations.

Notwithstanding any other provision of this chapter and except as otherwise provided in this section, a contractor or subcontractor engaged in vertical construction who employs workers on one or more public works during a calendar year pursuant to NRS 338.040 shall use one or more apprentices for at least 10 percent, or any increased percentage established pursuant to subsection 3, of the total hours of labor worked for each apprenticed craft or type of work to be performed on those public works.
Notwithstanding any other provision of this chapter and except as otherwise provided in this section, a contractor or subcontractor engaged in horizontal construction who employs workers on one or more public works during a calendar year pursuant to NRS 338.040 shall use one or more apprentices for at least 3 percent, or any increased percentage established pursuant to subsection 3, of the total hours of labor worked for each apprenticed craft or type of work to be performed on those public works.
On or after January 1, 2021, the Labor Commissioner, in collaboration with the State Apprenticeship Council, may adopt regulations to increase the percentage of total hours of labor required to be performed by an apprentice pursuant to subsection 1 or 2 by not more than 2 percentage points.
An apprentice who graduates from an apprenticeship program while employed on a public work shall:

(a) Be deemed an apprentice on the public work for the purposes of subsections 1 and 2.

(b) Be deemed a journeyman for all other purposes, including, without limitation, the payment of wages or the payment of wages and benefits to a journeyman covered by a collective bargaining agreement.

If a contractor or subcontractor who is a signatory to a collective bargaining agreement with a union that sponsors an apprenticeship program for an apprenticed craft or type of work for which the term of apprenticeship is not more than 3 years requests an apprentice from that apprenticeship program and an apprentice in the appropriate craft or type of work is not available, the contractor or subcontractor may utilize a person who graduated from the apprenticeship program in that craft or type of work within the 3 years immediately preceding the request from the contractor or subcontractor. Such a person:

(a) Shall be deemed an apprentice on the public work for the purposes of subsections 1 and 2.

(b) Shall be deemed a journeyman for all other purposes, including, without limitation, the payment of wages and benefits to a journeyman pursuant to the collective bargaining agreement.

A contractor or subcontractor engaged on a public work is not required to use an apprentice in a craft or type of work performed in a jurisdiction recognized by the State Apprenticeship Council as not having apprentices in that craft or type of work.
A contractor or subcontractor engaged on a public work shall maintain and provide to the Labor Commissioner any supporting documentation to show that the contractor or subcontractor made a good faith effort to comply with subsection 1 or 2, as applicable, as determined by the Labor Commissioner. For purposes of this subsection, a contractor or subcontractor:

(a) Makes a good faith effort to comply with subsection 1 or 2, as applicable, if the contractor or subcontractor:

(1) Submits to the apprenticeship program, on the form prescribed by the Labor Commissioner, a request for an apprentice not earlier than 10 days before the contractor or subcontractor is scheduled to begin work on the public work and not later than 5 days after the contractor or subcontractor actually begins work on the public work.

(2) If the apprenticeship program does not provide an apprentice for the appropriate apprenticed craft or type of work upon a request pursuant to subparagraph (1), submits additional requests to the apprenticeship program, on the form prescribed by the Labor Commissioner, at least once every 30 days during the period that the contractor or subcontractor is working on the public work. If a contractor or subcontractor does not work continuously on the public work, the contractor or subcontractor shall submit an additional request each time that the contractor or subcontractor resumes work on the public work not earlier than 10 days before the contractor or subcontractor is scheduled to resume work on the public work and not later than 5 days after the contractor or subcontractor actually resumes work on the public work. The requirement for the submission of an additional request in this subparagraph does not apply whenever a contractor or subcontractor has one or more apprentices employed for that apprenticed craft or type of work.

(b) Does not make a good faith effort to comply with subsection 1 or 2, as applicable, as determined by the Labor Commissioner, if the contractor or subcontractor is required to enter into an apprenticeship agreement pursuant to subsection 16 and refuses to do so.

The supporting documentation required pursuant to subsection 7 may include, without limitation:

(a) Documentation of the submission by the contractor or subcontractor of one or more requests, as applicable, pursuant to subsection 7; and

(b) Documentation that the apprenticeship program denied such a request, did not respond to such a request or responded that the program was unable to provide the requested apprentice.

The contractor or subcontractor and the apprenticeship program shall coordinate the starting date for any apprentice provided by the program.
On or before February 15 of each year, a contractor or subcontractor engaged in vertical or horizontal construction, as applicable, who employs a worker on one or more public works pursuant to NRS 338.040 shall report to the Labor Commissioner, on the form prescribed by the Labor Commissioner, the following information regarding those public works for the previous calendar year:

(a) For each apprenticed craft or type of work, the total number of hours worked on vertical construction.

(b) For each apprenticed craft or type of work, the total number of hours worked on horizontal construction.

(c) For each apprenticed craft or type of work, the total number of hours worked by apprentices on vertical construction.

(d) For each apprenticed craft or type of work, the total number of hours worked by apprentices on horizontal construction.

(e) For each apprenticed craft or type of work, the percentage of the total number of hours worked on vertical construction that were worked by apprentices.

(f) For each apprenticed craft or type of work, the percentage of the total number of hours worked on horizontal construction that were worked by apprentices.

The information required to be reported pursuant to subsection 10 must not include any identifying information about a public work or an apprentice or employee.
If the Labor Commissioner, on his or her own initiative or based on a complaint, makes a determination based on the information submitted pursuant to subsection 10 that a contractor or subcontractor did not make a good faith effort to comply with the provisions of subsection 1 or 2, as applicable, the Labor Commissioner shall notify the contractor or subcontractor in writing of the determination and:

(a) Except as otherwise provided in paragraph (b), shall assess a penalty as follows:

(1) If the apprentice utilization rate by the contractor or subcontractor on vertical construction of a public work is:

(I) Seven and one-half percent or more but less than 10 percent of the total hours of labor worked for an apprenticed craft or type of work, a penalty of $2,500 or $2 for each hour below the percentage required, whichever is higher.

(II) More than 4 percent but less than 7.5 percent of the total hours of labor worked for an apprenticed craft or type of work, a penalty of $3,000 or $4 for each hour below the percentage required, whichever is higher.

(III) Four percent or less of the total hours of labor worked for an apprenticed craft or type of work, a penalty of $5,000 or $6 for each hour below the percentage required, whichever is higher.

(2) If the apprentice utilization rate by the contractor or subcontractor on horizontal construction of a public work is:

(I) Two percent or more but less than 3 percent of the total hours of labor worked for an apprenticed craft or type of work, a penalty of $2,500 or $2 for each hour below the percentage required, whichever is higher.

(II) More than 1 percent but less than 2 percent of the total hours of labor worked for an apprenticed craft or type of work, a penalty of $3,000 or $4 for each hour below the percentage required, whichever is higher.

(III) One percent or less of the total hours of labor worked for an apprenticed craft or type of work, a penalty of $5,000 or $6 for each hour below the percentage required, whichever is higher.

(b) Shall not assess a penalty if the total number of hours of labor required to be worked by apprentices:

(1) On vertical construction pursuant to subsection 1, as applicable, during the previous calendar year is less than 40 hours.

(2) On horizontal construction pursuant to subsection 2, as applicable, during the previous calendar year is less than 24 hours.

Except for good cause, the Labor Commissioner may not initiate his or her own investigation or accept a complaint based on the information submitted by a contractor or subcontractor pursuant to subsection 10 after May 1 immediately following the date on which the report was received by the Labor Commissioner.
In addition to the penalties set forth in subsection 12, if the Labor Commissioner, on his or her own initiative or based on a complaint, makes a determination that a contractor or subcontractor did not submit the report required pursuant to subsection 10 or made no attempt to comply with the provisions of subsection 1 or 2, as applicable, the Labor Commissioner shall:

(a) Impose a penalty of not less than $10,000 but not more than $75,000; or

(b) Disqualify the contractor or subcontractor from being awarded a contract for a public work for at least 180 days but not more than 2 years.

A contractor or subcontractor may request a hearing on the determination of the Labor Commissioner pursuant to subsection 12 or 14 within 10 days after receipt of the determination of the Labor Commissioner. The hearing must be conducted in accordance with regulations adopted by the Labor Commissioner. If the Labor Commissioner does not receive a request for a hearing pursuant to this subsection, the determination of the Labor Commissioner is a final decision for the purposes of judicial review pursuant to chapter 233B of NRS.
A contractor or subcontractor who is not a signatory to a collective bargaining agreement with the union sponsoring the apprenticeship program for an apprenticed craft or type of work engaged on a public work shall enter into an apprenticeship agreement for each apprentice required to be used in the construction of a public work.
As used in this section:

(a) Apprentice means a person enrolled in an apprenticeship program recognized by the State Apprenticeship Council.

(b) Apprenticed craft or type of work means a craft or type of work for which there is an existing apprenticeship program recognized by the State Apprenticeship Council.

(d) Journeyman has the meaning ascribed to it in NRS 624.260 .

(e) State Apprenticeship Council means the State Apprenticeship Council created by NRS 610.030 .

(Added to NRS by 2019, 3154 ; A 2023, 2818 )

NRS 338.0117

NRS

338.0117

Qualification to receive preference in bidding: Submission of affidavit to public body certifying compliance with requirements; provisions required to be included in contract; written objections for failure to comply with requirements; penalty; annual report to Legislative Commission by public body concerning such contracts.

To qualify to receive a preference in bidding pursuant to subsection 2 of NRS 338.1389 , subsection 2 of NRS 338.147 , subsection 3 of NRS 338.1693 , subsection 3 of NRS 338.1727 or subsection 2 of NRS 408.3886 , a contractor, an applicant or a design-build team, respectively, must submit to the public body sponsoring or financing a public work a signed affidavit which certifies that, for the duration of the project, collectively, and not on any specific day:

(a) At least 50 percent of the workers employed on the public work, including, without limitation, any employees of the contractor, applicant or design-build team and of any subcontractor engaged on the public work, will hold a valid drivers license or identification card issued by the Department of Motor Vehicles of the State of Nevada;

(b) All vehicles used primarily for the public work will be:

(1) Registered and partially apportioned to Nevada pursuant to the International Registration Plan, as adopted by the Department of Motor Vehicles pursuant to NRS 706.826 ; or

(2) Registered in this State;

(c) If applying to receive a preference in bidding pursuant to subsection 3 of NRS 338.1727 or subsection 2 of NRS 408.3886 , at least 50 percent of the design professionals working on the public work, including, without limitation, employees of the design-build team and of any subcontractor or consultant engaged in the design of the public work, will have a valid drivers license or identification card issued by the Department of Motor Vehicles of the State of Nevada; and

(d) The contractor, applicant or design-build team and any subcontractor engaged on the public work will maintain and make available for inspection within this State his or her records concerning payroll relating to the public work.

Any contract for a public work that is awarded to a contractor, applicant or design-build team who submits the affidavit described in subsection 1 as a result of the contractor, applicant or design-build team receiving a preference in bidding described in subsection 1 must:

(a) Include a provision in the contract that substantially incorporates the requirements of paragraphs (a) to (d), inclusive, of subsection 1; and

(b) Provide that a failure to comply with any requirement of paragraphs (a) to (d), inclusive, of subsection 1 entitles the public body to a penalty only as provided in subsections 5 and 6.

A person who submitted a bid on the public work or an entity who believes that a contractor, applicant or design-build team has obtained a preference in bidding as described in subsection 1 but has failed to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1 may file, before the substantial completion of the public work, a written objection with the public body for which the contractor, applicant or design-build team is performing the public work. A written objection authorized pursuant to this subsection must set forth proof or substantiating evidence to support the belief of the person or entity that the contractor, applicant or design-build team has failed to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1.
If a public body receives a written objection pursuant to subsection 3, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection. If the public body determines that the objection is accompanied by the required proof or substantiating evidence or if the public body determines on its own initiative that proof or substantiating evidence of a failure to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1 exists, the public body shall determine whether the contractor, applicant or design-build team has failed to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1 and the public body or its authorized representative may proceed to award the contract accordingly or, if the contract has already been awarded, seek the remedy authorized in subsection 5.
In addition to any other remedy or penalty provided by law, a public body may recover, by civil action against the party responsible for a failure to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1, a penalty as described in subsection 6 for a failure to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1. If a public body recovers a penalty pursuant to this subsection, the public body shall report to the State Contractors Board the date of the failure to comply, the name of each entity which failed to comply and the cost of the contract to which the entity that failed to comply was a party. The Board shall maintain this information for not less than 6 years. Upon request, the Board shall provide this information to any public body or its authorized representative.
If a contractor, applicant or design-build team submits the affidavit described in subsection 1, receives a preference in bidding described in subsection 1 and is awarded the contract as a result of that preference, the contract between the contractor, applicant or design-build team and the public body, each contract between the contractor, applicant or design-build team and a subcontractor and each contract between a subcontractor and a lower tier subcontractor must provide that:

(a) If a party to the contract causes the contractor, applicant or design-build team to fail to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1, the party is liable to the public body for a penalty in the amount of 1 percent of the cost of the largest contract to which he or she is a party;

(b) The right to recover the amount determined pursuant to paragraph (a) by the public body pursuant to subsection 5 may be enforced by the public body directly against the party that caused the failure to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1; and

A public body that awards a contract for a public work to a contractor, applicant or design-build team who submits the affidavit described in subsection 1 and who receives a preference in bidding described in subsection 1 shall, on or before July 31 of each year, submit a written report to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission. The report must include information on each contract for a public work awarded to a contractor, applicant or design-build team who submits the affidavit described in subsection 1 and who receives a preference in bidding described in subsection 1, including, without limitation, the name of the contractor, applicant or design-build team who was awarded the contract, the cost of the contract, a brief description of the public work and a description of the degree to which the contractor, applicant or design-build team and each subcontractor complied with the requirements of paragraphs (a) to (d), inclusive, of subsection 1.
As used in this section:

(a) Lower tier subcontractor means a subcontractor who contracts with another subcontractor to provide labor, materials or services to the other subcontractor for a construction project.

(b) Vehicle used primarily for the public work does not include any vehicle that is present at the site of the public work only occasionally and for a purpose incidental to the public work including, without limitation, the delivery of materials. Notwithstanding the provisions of this paragraph, the term includes any vehicle which is:

(1) Owned or operated by the contractor or any subcontractor who is engaged on the public work; and

(2) Present at the site of the public work.

(Added to NRS by 2011, 39 ; A 2011, 2576 ; 2013, 1388 , 2964 ;

2017, 4035 , 4111 ;

2021, 736 , 2218 )

NRS 338.013

NRS

338.013

Inclusion of identifying number from Labor Commissioner in advertisement or solicitation and bids and other responsive documents; reports by public bodies and contractors to Labor Commissioner.

A public body that undertakes a public work shall request from the Labor Commissioner, and include in any advertisement or other type of solicitation, an identifying number with a designation of the work. That number must be included in any bid or other document submitted in response to the advertisement or other type of solicitation.
Each public body which awards a contract for any public work shall report its award to the Labor Commissioner within 10 days after the award, giving the name and address of the contractor to whom the public body awarded the contract and the identifying number for the public work.
Each contractor engaged on a public work shall report to the Labor Commissioner and the public body that awarded the contract the name and address of each subcontractor whom the contractor engages for work on the project within 10 days after the subcontractor commences work on the contract and the identifying number for the public work.
The public body which awarded the contract shall report the completion of all work performed under the contract to the Labor Commissioner before the final payment of money due the contractor by the public body.

(Added to NRS by 1977, 789 ; A 1985, 2039 ; 1997, 3081 ; 2003, 2414 ; 2009, 2069 )

NRS 338.016

NRS

338.016

Civil action against contractor after imposition of administrative penalty to recover damages resulting from commission of offense; rebuttable presumption; costs and attorneys fees.

If, after an opportunity for a hearing, an administrative penalty is imposed against a contractor on a public work for the commission of an offense:

(a) An eligible bidder, or any person who entered into a contract with the eligible bidder before bids for the contract for the public work were let, may commence a civil action against the contractor to recover damages suffered as a proximate result of the eligible bidder not being awarded the contract for the public work.

(b) There is a rebuttable presumption that the contractor was awarded the contract for the public work because the contractors bid on the contract was based, in part, on his or her intent to commit the offense and, as a result, was lower than it otherwise would have been.

The court may award costs and reasonable attorneys fees to the prevailing party in any action brought pursuant to this section.

(Added to NRS by 1993, 2247 ; A 2003, 799 )

NRS 338.017

NRS

338.017

Temporary prohibition or disqualification of contractor from award of contract after imposition of administrative penalty or debarment by Federal Government; notification of State Contractors Board.

If any administrative penalty is imposed pursuant to this chapter against a person for the commission of an offense, that person, and the corporate officers, if any, of that person, may not be awarded a contract for a public work:

(a) For the first offense, for a period of 3 years after the date of the imposition of the administrative penalty; and

(b) For the second or subsequent offense, for a period of 5 years after the date of the imposition of the administrative penalty.

A person, and the corporate officers, if any, of that person, who is identified in the System for Award Management Exclusions operated by the General Services Administration as being excluded from receiving contracts from the Federal Government pursuant to 48 C.F.R. §§ 9.400 et seq. as a result of being debarred may not be awarded a contract for a public work for the period of debarment of the contractor from receiving contracts from the Federal Government.
The Labor Commissioner, upon learning that a contractor has been excluded from receiving contracts from the Federal Government pursuant to 48 C.F.R. §§ 9.400 et seq. as a result of being debarred, shall disqualify the contractor from being awarded a contract for a public work as provided in subsection 2.
The Labor Commissioner shall notify the State Contractors Board of each contractor who is prohibited or disqualified from being awarded a contract for a public work pursuant to this section.

(Added to NRS by 1993, 2247 ; A 2001, 1146 ; 2003, 2145 ; 2015, 2720 )

NRS 338.020

NRS

338.020

Hourly and daily rate of wages must not be less than prevailing wage in region; rate must be included in contract and posted on-site; payment of overtime; wages paid in accordance with jurisdictional classes recognized in region.

Every contract to which a public body of this State is a party, requiring the employment of skilled mechanics, skilled workers, semiskilled mechanics, semiskilled workers or unskilled labor in the performance of a public work, must contain in express terms the hourly and daily rate of wages to be paid each of the classes of mechanics and workers. The hourly and daily rate of wages must:

(a) Not be less than the rate of such wages then prevailing in the region in which the public work is located, which prevailing rate of wages must have been determined in the manner provided in NRS 338.030 ; and

(b) Be posted on the site of the public work in a place generally visible to the workers.

When public work is performed by day labor, the prevailing wage for each class of mechanics and workers so employed applies and must be stated clearly to such mechanics and workers when employed.
Except as otherwise provided in subsection 4, a contractor or subcontractor shall pay to a mechanic or worker employed by the contractor or subcontractor on the public work not less than one and one-half times the prevailing rate of wages applicable to the class of the mechanic or worker for each hour the mechanic or worker works on the public work in excess of:

(a) Forty hours in any scheduled week of work by the mechanic or worker for the contractor or subcontractor, including, without limitation, hours worked for the contractor or subcontractor on work other than the public work; or

(b) Eight hours in any workday that the mechanic or worker was employed by the contractor or subcontractor, including, without limitation, hours worked for the contractor or subcontractor on work other than the public work, unless by mutual agreement the mechanic or worker works a scheduled 10 hours per day for 4 calendar days within any scheduled week of work.

The provisions of subsection 3 do not apply to a mechanic or worker who is covered by a collective bargaining agreement that provides for the payment of wages at not less than one and one-half times the rate of wages set forth in the collective bargaining agreement for work in excess of:

(a) Forty hours in any scheduled week of work; or

(b) Eight hours in any workday unless the collective bargaining agreement provides that the mechanic or worker shall work a scheduled 10 hours per day for 4 calendar days within any scheduled week of work.

The prevailing wage and any wages paid for overtime pursuant to subsection 3 or 4 to each class of mechanics or workers must be in accordance with the jurisdictional classes recognized in the region where the work is performed.
Nothing in this section prevents an employer who is signatory to a collective bargaining agreement from assigning such work in accordance with established practice.

[1:139:1937; A 1941, 389 ; 1931 NCL § 6179.51]—(NRS A 1969, 736 ; 1973, 874 ; 1983, 131 ; 1985, 2040 ; 2003, 1741 ; 2005, 812 ; 2019, 2527 )

NRS 338.030

NRS

338.030

Procedure for determination of prevailing wage in region; duration of rates.

The public body awarding any contract for public work, or otherwise undertaking any public work, shall ascertain from the Labor Commissioner the prevailing wage in the region established pursuant to NRS 338.025 in which the public work is to be performed for each craft or type of work.
The prevailing wage in each such region must be determined by the Labor Commissioner. To determine the prevailing wage in each region, the Labor Commissioner shall, in each odd-numbered year, survey contractors who have performed work in the region. Within 30 days after the determination is issued:

(a) A public body or person entitled under subsection 5 to be heard may submit an objection to the Labor Commissioner with evidence to substantiate that a different wage prevails; and

(b) Any person may submit information to the Labor Commissioner that would support a change in the prevailing wage of a craft or type of work by 50 cents or more per hour in any region.

The Labor Commissioner shall hold a hearing in the region in which the work is to be executed if the Labor Commissioner:

(a) Is in doubt as to the prevailing wage; or

(b) Receives an objection or information pursuant to subsection 2.

Ê The Labor Commissioner may hold only one hearing a year on the prevailing wage of any craft or type of work in any region.

Notice of the hearing must be advertised in a newspaper in the region in which the work is to be executed once a week for 2 weeks before the time of the hearing.
At the hearing, any public body, the crafts affiliated with the State Federation of Labor or other recognized national labor organizations, and the contractors of the region or their representatives must be heard. From the evidence presented, the Labor Commissioner shall determine the prevailing wage.
If the Labor Commissioner determines pursuant to subsection 2 that the prevailing wage for a craft or type of work is a wage that has been collectively bargained, the Labor Commissioner shall:

(a) Include in his or her determination of that prevailing wage any compensation in addition to the basic hourly wage or benefit for the craft or type of work required to be provided by the collective bargaining agreement, including, without limitation, premium pay for hours worked in excess of a shift of 8 hours or 12 hours or such other time increment set forth in the agreement or on a weekend or holiday and zone pay. As used in this paragraph, zone pay means additional pay for performing work at a work site that is located in a zone established in a collective bargaining agreement.

(b) Issue an amendment to the determination of the prevailing wage for the craft or type of work if the collective bargaining agreement provides for an increase in the wage before the next determination of that prevailing wage by the Labor Commissioner pursuant to subsection 2.

The wages so determined must be:

(a) Issued by the Labor Commissioner on October 1 of the odd-numbered year in which the survey was conducted and, except as otherwise provided in subsection 8, remain effective for 2 years after that date; and

(b) Made available by the Labor Commissioner to any public body which awards a contract for any public work.

On October 1 of each even-numbered year, the Labor Commissioner shall:

(a) Adjust the prevailing rate of wages:

(1) If the Labor Commissioner determined in the previous odd-numbered year that the prevailing rate of wages for a class of workers who perform the craft or type of work was a wage which was collectively bargained, in accordance with the signed collective bargaining agreement that is on file with the Labor Commissioner, if the collective bargaining agreement provides for such an adjustment on or before October 1 of that even-numbered year; or

(2) If the Labor Commissioner determined in the previous odd-numbered year that the prevailing rate of wage for a class of workers who perform the craft or type of work was not a wage which was collectively bargained, in accordance with the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the United States Department of Labor or, if that index ceases to be published by the United States Department of Labor, the published index that most closely resembles that index, as determined by the Labor Commissioner, if any change in that index has occurred since October 1 of the previous odd-numbered year; and

(b) Reissue the prevailing rate of wages for each class of workers who perform the craft or type of work, including any rates required to be adjusted pursuant to paragraph (a).

If the contract for a public work:

(a) Is to be awarded pursuant to a competitive bidding process, the prevailing wages in effect at the time of the opening of the bids for a contract for a public work must be paid until the completion or termination of the contract or for the 36 months immediately following the date on which the bids were opened, whichever is earlier.

(b) Is not to be awarded pursuant to a competitive bidding process, except as otherwise provided in this paragraph, the prevailing rate of wages in effect on the date on which the contractor for the contract is selected by the awarding body must be paid until the completion or termination of the contract or for the 36 months immediately following the date on which the contractor was selected, whichever is earlier. If the contract is not entered into within 90 days after the date of the selection of the contractor, the prevailing rates of wages in effect on the date on which the contract is entered into must be paid until the completion or termination of the contract or for the 36 months immediately following the date on which the contract was entered into, whichever is earlier.

If a contract for a public work is not completed or terminated within 36 months immediately following the date on which the bids were opened pursuant to paragraph (a) of subsection 9, within 36 months immediately following the date on which the contractor was selected, within 36 months immediately following the date the contract was entered into pursuant to paragraph (b) of subsection 9 or for any 36-month period thereafter until the contract is completed or terminated:

(a) Except as otherwise provided in paragraph (b), the prevailing wages in effect on the last day of the 36-month period must be paid for the immediately following 36 months.

(b) If the prevailing wages in effect on the last day of the 36-month period are lower than the prevailing wages paid during that 36-month period under the contract, the prevailing wages paid during that 36-month period must be paid for the immediately following 36 months.

Nothing contained in NRS 338.020 to 338.090 , inclusive, may be construed to authorize the fixing of any wage below any rate which may now or hereafter be established as a minimum wage for any person employed upon any public work, or employed by any officer or agent of any public body.

[2:139:1937; 1931 NCL § 6179.52]—(NRS A 1985, 2040 ; 2001, 1147 ; 2003, 2414 ; 2015, 2652 ; 2019, 700 , 931 ,

2528 )

NRS 338.035

NRS

338.035

Discharge of part of obligation of contractor or subcontractor engaged on public work to pay wages by providing bona fide fringe benefits in name of worker.

Except as otherwise provided in subsection 7, the obligation of a contractor engaged on a public work or a subcontractor engaged on a public work to pay wages in accordance with the determination of the Labor Commissioner may be discharged in part by providing bona fide fringe benefits in the name of the worker.
A contractor or subcontractor may, pursuant to subsection 1, discharge any part of his or her obligation to pay wages in accordance with the determination of the Labor Commissioner only to the extent that the bona fide fringe benefits provided in the name of the worker are annualized.
A contractor or subcontractor who, pursuant to subsection 1, discharges any part of his or her obligation to pay wages in accordance with the determination of the Labor Commissioner shall provide to the Labor Commissioner and the public body that awarded the contract for the public work any information requested by the Labor Commissioner or the public body, as applicable, to verify compliance with this section.
In addition to any other remedy or penalty provided in this chapter, after providing the contractor or subcontractor with notice and an opportunity for a hearing, the Labor Commissioner shall, if the Labor Commissioner finds that the contractor or subcontractor has violated a provision of this section:

(a) For the first violation, impose against the contractor or subcontractor an administrative penalty of not less than $20 nor more than $50 for each calendar day or portion thereof that each worker employed on the public work is affected by the violation, up to a maximum of $2,500;

(b) For the second or any subsequent violation within 5 years after the date of imposition of an administrative penalty pursuant to paragraph (a), impose against the contractor or subcontractor an administrative penalty of not less than $20 nor more than $50 for each calendar day or portion thereof that each worker employed on the public work is affected by the violation, up to a maximum of $5,000;

(c) Require the contractor or subcontractor to make the affected worker whole by paying to the worker as wages any amounts disallowed as bona fide fringe benefits in a manner prescribed by the Labor Commissioner;

(d) Report the violation to the Attorney General, and the Attorney General may prosecute the contractor or subcontractor in accordance with law; and

(e) In addition to notifying the State Contractors Board pursuant to NRS 338.017 , notify the provider of workers compensation for the contractor or subcontractor, the Employment Security Division of the Department of Employment, Training and Rehabilitation and the public body that awarded the contract for the public work of the violation.

The amount of the penalty to be imposed pursuant to subsection 4 must be based on the sliding scale adopted by regulation pursuant to NRS 338.060 .
If a penalty is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the Labor Commissioner.
The provisions of this section do not apply with regard to:

(a) A worker whose benefits are determined pursuant to a collective bargaining agreement; or

(b) Contributions made in the name of the worker by a contractor or subcontractor to a defined contribution plan to the extent that the amount contributed does not exceed 25 percent of the hourly prevailing rate of wages for the worker on the public work.

As used in this section:

(a) Annualized means an amount paid equally for all hours worked in a calendar year by the worker for the contractor or subcontractor who is providing bona fide fringe benefits.

(b) Defined contribution plan has the meaning ascribed to it in 29 U.S.C. § 1002(34).

(Added to NRS by 1983, 1574 ; A 2003, 2415 ; 2005, 813 ; 2019, 702 )

NRS 338.060

NRS

338.060

Forfeitures when workers paid less than designated rates or willfully reported in inaccurate or incomplete manner or not reported to public body; forfeiture clause in contracts; regulation establishing sliding scale for penalties; recovery of investigative costs and attorneys fees; waiver or reduction of penalty.

Except as otherwise provided in subsection 8, a contractor engaged on a public work shall forfeit, as a penalty to the public body on behalf of which the contract has been made and awarded to the contractor, not less than $20 nor more than $50 for each calendar day or portion thereof that each worker employed on the public work is paid less than the designated rate for any work done under the contract, by the contractor or any subcontractor engaged on the public work.
Except as otherwise provided in subsection 8, a contractor engaged on a public work shall forfeit, as a penalty to the public body on behalf of which the contract has been made and awarded to the contractor, not less than $20 nor more than $50 for each calendar day or portion thereof for each worker employed on the public work for which the contractor or subcontractor willfully included inaccurate or incomplete information in the monthly record required to be submitted to the public body pursuant to subsection 6 of NRS 338.070 .
Except as otherwise provided in subsection 8, a contractor engaged on a public work shall forfeit, as a penalty to the public body on behalf of which the contract has been made and awarded to the contractor, not less than $20 nor more than $50 for each calendar day or portion thereof that each worker employed on the public work is not reported to the public body awarding the contract by the contractor or any subcontractor engaged on the public work as required pursuant to subsection 6 of NRS 338.070 , up to a maximum of:

(a) For the first failure to comply during the term of the contract for the public work, $1,000; and

(b) For each subsequent failure to comply during the term of the contract for the public work, $5,000.

Except as otherwise provided in subsection 8, if a violation of more than one provision of subsections 1, 2 and 3 involves the same worker, the contractor shall forfeit the penalty set forth in each subsection that was violated.
A public body awarding a contract for a public work shall cause a stipulation setting forth the penalties specified in subsections 1 to 4, inclusive, to be inserted in the contract.
The Labor Commissioner shall, by regulation, establish a sliding scale based on the size of the business of a contractor engaged on a public work to determine the amount of the penalty to be imposed pursuant to subsections 1 and 2.
If a penalty is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the Labor Commissioner and the public body.
The Labor Commissioner may, for good cause shown, waive or reduce any penalty imposed pursuant to this section.

[6:139:1937; A 1941, 389 ; 1931 NCL § 6179.56]—(NRS A 1993, 896 ; 1997, 3355 ; 2001, 1148 ; 2003, 1862 , 2415 ;

2013, 753 )

NRS 338.070

NRS

338.070

Investigations of violations by public bodies; withholding of certain sums by public bodies and contractors; maintenance and inspection of records regarding employees; regulations regarding procedures for electronic filing of records regarding employees; penalty for noncompliance.

Any public body awarding a contract shall:

(a) Investigate possible violations of the provisions of NRS 338.010 to 338.090 , inclusive, committed in the course of the execution of the contract, and determine whether a violation has been committed and inform the Labor Commissioner of any such violations; and

(b) When making payments to the contractor engaged on the public work of money becoming due under the contract, withhold and retain all sums forfeited pursuant to the provisions of NRS 338.010 to 338.090 , inclusive.

No sum may be withheld, retained or forfeited, except from the final payment, without a full investigation being made by the awarding public body.
Except as otherwise provided in subsection 7, it is lawful for any contractor engaged on a public work to withhold from any subcontractor engaged on the public work sufficient sums to cover any penalties withheld from the contractor by the awarding public body on account of the failure of the subcontractor to comply with the terms of NRS 338.010 to 338.090 , inclusive. If payment has already been made to the subcontractor, the contractor may recover from the subcontractor the amount of the penalty or forfeiture in a suit at law.
A contractor engaged on a public work and each subcontractor engaged on the public work shall:

(a) Inquire of each worker employed by the contractor or subcontractor in connection with the public work:

(1) Whether the worker wishes to specify voluntarily his or her gender; and

(2) Whether the worker wishes to specify voluntarily his or her ethnicity; and

(b) For each response the contractor or subcontractor receives pursuant to paragraph (a):

(1) If the worker chose voluntarily to specify his or her gender or ethnicity, or both, record the workers responses; and

(2) If the worker declined to specify his or her gender or ethnicity, or both, record that the worker declined to specify such information.

Ê A contractor or subcontractor shall not compel or coerce a worker to specify his or her gender or ethnicity and shall not penalize or otherwise take any adverse action against a worker who declines to specify his or her gender or ethnicity. Before inquiring as to whether a worker wishes to specify voluntarily his or her gender or ethnicity, the applicable contractor or subcontractor must inform the worker that such information, if provided, will be open to public inspection as set forth in subsection 6.

A contractor engaged on a public work and each subcontractor engaged on the public work shall keep or cause to be kept:

(a) An accurate record showing, for each worker employed by the contractor or subcontractor in connection with the public work:

(1) The name of the worker;

(2) The occupation of the worker;

(3) The gender of the worker, if the worker voluntarily agreed to specify that information pursuant to subsection 4, or an entry indicating that the worker declined to specify such information;

(4) The ethnicity of the worker, if the worker voluntarily agreed to specify that information pursuant to subsection 4, or an entry indicating that the worker declined to specify such information;

(5) If the worker has a drivers license or identification card, an indication of the state or other jurisdiction that issued the license or card; and

(6) The actual per diem, wages and benefits paid to the worker; and

(b) An additional accurate record showing, for each worker employed by the contractor or subcontractor in connection with the public work who has a drivers license or identification card:

(1) The name of the worker;

(2) The drivers license number or identification card number of the worker; and

(3) The state or other jurisdiction that issued the license or card.

The records maintained pursuant to subsection 5 must be open at all reasonable hours to the inspection of the public body awarding the contract. The contractor engaged on the public work or subcontractor engaged on the public work shall ensure that a copy of each record for each calendar month is received by the public body awarding the contract no later than 15 days after the end of the month. The copy of the record maintained pursuant to paragraph (a) of subsection 5 must be open to public inspection as provided in NRS 239.010 . The copy of the record maintained pursuant to paragraph (b) of subsection 5 is confidential and not open to public inspection. The records in the possession of the public body awarding the contract may be discarded by the public body 2 years after final payment is made by the public body for the public work. The Labor Commissioner shall adopt regulations authorizing and prescribing the procedures for the electronic filing of the copies of the records required to be provided monthly by a contractor or subcontractor to a public body pursuant to this subsection.
A contractor engaged on a public work shall not withhold from a subcontractor engaged on the public work the sums necessary to cover any penalties provided pursuant to subsection 3 of NRS 338.060 that may be withheld from the contractor by the public body awarding the contract because the public body did not receive a copy of the record maintained by the subcontractor pursuant to subsection 5 for a calendar month by the time specified in subsection 6 if:

(a) The subcontractor provided to the contractor, for submission to the public body by the contractor, a copy of the record not later than the later of:

(1) Ten days after the end of the month; or

(2) A date agreed upon by the contractor and subcontractor; and

(b) The contractor failed to submit the copy of the record to the public body by the time specified in subsection 6.

Ê Nothing in this subsection prohibits a subcontractor from submitting a copy of a record for a calendar month directly to the public body by the time specified in subsection 6.

Any contractor or subcontractor, or agent or representative thereof, performing work for a public work who neglects to comply with the provisions of this section is guilty of a misdemeanor.

[7:139:1937; 1931 NCL § 6179.57]—(NRS A 1977, 789 ; 1985, 274 ; 1987, 1045 ; 1989, 464 ; 2001, 1148 ; 2003, 1863 , 2416 ;

2011, 41 ; 2013, 754 ; 2019, 934 )

NRS 338.072

NRS

338.072

Requirement for subcontractor to hold state business license.

A subcontractor who enters into a subcontract for a public work shall not accept or otherwise receive any public money for the public work, including, without limitation, accepting or receiving any public money as a payment from a contractor, unless the subcontractor is the holder of a state business license issued pursuant to chapter 76 of NRS.

(Added to NRS by 2013, 1026 )

NRS 338.090

NRS

338.090

Penalties.

Except as otherwise provided in subsection 5, any person, including the officers, agents or employees of a public body, who violates any provision of NRS 338.010 to 338.090 , inclusive, or any regulation adopted pursuant thereto, is guilty of a misdemeanor.
The Labor Commissioner, in addition to any other remedy or penalty provided in this chapter:

(a) Shall, except as otherwise provided in subsection 4, assess a person who, after an opportunity for a hearing, is found to have failed to pay the prevailing wage required pursuant to NRS 338.020 to 338.090 , inclusive, an amount equal to the difference between the prevailing wages required to be paid and the wages that the contractor or subcontractor actually paid;

(b) Shall require a person found to have willfully and repeatedly failed to pay the prevailing wage required pursuant to

NRS 338.020 to 338.090 , inclusive, to pay damages to each affected worker in an amount equal to the difference between the prevailing wages required to be paid and the wages that the contractor or subcontractor actually paid to the worker; and

(c) May, in addition to any other administrative penalty, impose an administrative penalty not to exceed the costs incurred by the Labor Commissioner to investigate and prosecute the matter.

If the Labor Commissioner finds that a person has failed to pay the prevailing wage required pursuant to NRS 338.020 to 338.090 , inclusive, the public body may, in addition to any other remedy or penalty provided in this chapter, require the person to pay the actual costs incurred by the public body to investigate the matter.
The Labor Commissioner is not required to assess a person an amount equal to the difference between the prevailing wages required to be paid and the wages that the contractor or subcontractor actually paid if the contractor or subcontractor has already paid that amount to a worker pursuant to paragraph (c) of subsection 4 of NRS 338.035 .
The provisions of subsection 1 do not apply to a subcontractor specified in NRS 338.072 .

[7 1/2:139:1937; A 1941, 389 ; 1931 NCL § 6179.57 1/2]—(NRS A 1967, 553 ; 1985, 2041 ; 1993, 2248 ; 2001, 1149 ; 2003, 799 , 2417 ;

2013, 1027 ; 2019, 703 ; 2023, 451 )

Employment Practices

NRS 338.125

NRS

338.125

Fair employment practices: Contents of contracts concerning public works; violation constitutes material breach of contract.

It is unlawful for any contractor in connection with the performance of work under a contract with a public body, when payment of the contract price, or any part of such payment, is to be made from public money, to refuse to employ or to discharge from employment any person because of his or her race, color, creed, national origin, sex, sexual orientation, gender identity or expression, or age, or to discriminate against a person with respect to hire, tenure, advancement, compensation or other terms, conditions or privileges of employment because of his or her race, creed, color, national origin, sex, sexual orientation, gender identity or expression, or age.
Contracts between contractors and public bodies must contain the following contractual provisions:

In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, sexual orientation, gender identity or expression, or age, including, without limitation, with regard to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including, without limitation, apprenticeship.

The contractor further agrees to insert this provision in all subcontracts hereunder, except subcontracts for standard commercial supplies or raw materials.

Any violation of such provision by a contractor constitutes a material breach of contract.
As used in this section:

(a) Gender identity or expression means a gender-related identity, appearance, expression or behavior of a person, regardless of the persons assigned sex at birth.

(b) Protective hairstyle includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.

(d) Sexual orientation means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

(Added to NRS by 1959, 137 ; A 1973, 981 ; 1999, 1942 ; 2003, 2417 ; 2011, 501 ; 2021, 1713 )

NRS 338.126

NRS

338.126

Required notice to newly-hired workers by contractor engaged on public work: Contents; acknowledgment of receipt.

A contractor engaged on a public work shall provide to his or her workers at the time of hire a written or electronic notice that includes, without limitation:

(a) The Internet website of the Labor Commissioner where the prevailing wage rates for the public work are posted;

(b) The name of the contractor; and

A contractor shall obtain a written or electronic acknowledgment of receipt of any notice pursuant to this section. The acknowledgment of notice must be maintained by the contractor for at least 2 years, made available to the Labor Commissioner upon request and include, without limitation:

(a) The workers name, contact information and signature; and

(b) The date on which the worker received the notice.

(Added to NRS by 2023, 450 )

NRS 338.130

NRS

338.130

Preferential employment in construction of public works.

In all cases where persons are employed in the construction of public works, preference must be given, the qualifications of the applicants being equal:

(a) First: To persons who:

(1) Have been honorably discharged from the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States, a reserve component thereof or the National Guard; and

(2) Are citizens of the State of Nevada.

(b) Second: To other citizens of the State of Nevada.

Nothing in this section shall be construed to prevent the working of prisoners by a public body on a public work.
In each contract for the construction of public works, a clause must be inserted to the effect that if the provisions of this section are not complied with by the contractor engaged on the public work, the contract is void, and any failure or refusal to comply with any of the provisions of this section renders any such contract void. All boards, commissions, officers, agents and employees having the power to enter into contracts for the expenditure of public money on public works shall file in the Office of the Labor Commissioner the names and addresses of all contractors holding contracts with the public body, and upon the letting of new contracts, the names and addresses of such new contractors must likewise be filed with the Labor Commissioner. Upon the demand of the Labor Commissioner, a contractor shall furnish a list of the names and addresses of all subcontractors employed by the contractor engaged on a public work.
Subject to the exceptions contained in this section, no money may be paid out of the State Treasury or out of the treasury of any political subdivision of the State to any person employed on any work mentioned in this section unless there has been compliance with the provisions of this section.
Any contractor engaged on a public work or any other person who violates any of the provisions of this section is guilty of a misdemeanor. The penalties provided for in this section do not apply where violations thereof are due to misrepresentations made by the employee or employees.

[Part 1:168:1919; A 1921, 205 ; 1929, 89 ; NCL § 6173] + [2:168:1919; A 1921, 205 ; NCL § 6174] + [3:168:1919; 1919 RL p. 2965; NCL § 6175] + [Part 4:168:1919; A 1921, 205 ; NCL § 6176]—(NRS A 1967, 554 ; 1971, 209 ; 2003, 2418 ; 2005, 22 )

NRS 338.131

NRS

338.131

Prehire agreement: Authority of local government to enter; preferential employment of local residents authorized; exception; applicability of provisions governing payment of prevailing wages.

Except as otherwise provided in subsection 2, a local government sponsoring or financing a public work may enter into a prehire agreement for the public work. Any such prehire agreement may contain a preference for hiring labor on the public work to local residents who possess a valid drivers license or identification card issued by the Department of Motor Vehicles or other proof of current address which indicates that the person resides:

(a) Within the jurisdiction of the local government;

(b) Within a certain specified distance of the jurisdiction of the local government, as provided by the local government sponsoring or financing the public work; or

If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 1, those provisions do not apply insofar as their application would preclude or reduce federal assistance.
Nothing in this section shall be construed to authorize a contractor on a public work to pay any worker on the public work less than the applicable prevailing wage required pursuant to NRS 338.020 to 338.090 , inclusive.

(Added to NRS by 2023, 2991 )

NRS 338.135

NRS

338.135

Rental or lease of trucks or truck and trailer combinations by contractors or subcontractors: Hourly rate for vehicle and services of driver.

Where a truck or truck and trailer combination is rented or leased after April 22, 1969, by a contractor or subcontractor on a public work, the hourly rate for the rental or lease of such truck or truck and trailer combination must, when added to the prevailing rate of wages required by NRS 338.020 for the driver, not be less than the hourly rate for similar vehicles with a driver as such hourly rate appears in freight tariffs approved by the Nevada Transportation Authority for the area in which the public work is located.

(Added to NRS by 1969, 900 ; A 1997, 1987 )

GENERAL PROCEDURES FOR AWARDING CONTRACTS

Limitations on General Applicability of Provisions

NRS 338.1373

NRS

338.1373

Option of local governments to comply with alternative procedures; public bodies prohibited from using reverse auctions; inapplicability of certain provisions to contracts awarded by Department of Transportation.

A local government or its authorized representative shall award a contract for a public work pursuant to the provisions of NRS 338.1415 and:

(a) NRS 338.1377

to 338.139 , inclusive;

(b) NRS 338.143 to 338.148 , inclusive;

(d) NRS 338.1711 to 338.173 , inclusive.

A public body shall not use a reverse auction when awarding a contract for a public work.
Except as otherwise provided in this subsection, subsection 4 and chapter 408 of NRS, the provisions of this chapter apply with respect to contracts for the construction, reconstruction, improvement and maintenance of highways that are awarded by the Department of Transportation pursuant to NRS 408.201 and 408.313 to 408.433 , inclusive. The provisions of NRS 338.1375 to 338.1382 , inclusive, 338.1386 , 338.13862 , 338.13864 , 338.139 , 338.142

and 338.1711 to 338.1727 , inclusive, do not apply with respect to contracts for the construction, reconstruction, improvement and maintenance of highways that are awarded by the Department of Transportation pursuant to NRS 408.201 and 408.313 to 408.433 , inclusive.

To the extent that a provision of this chapter precludes the granting of federal assistance or reduces the amount of such assistance with respect to a contract for the construction, reconstruction, improvement or maintenance of highways that is awarded by the Department of Transportation pursuant to NRS 408.201 and 408.313 to 408.433 , inclusive, that provision of this chapter does not apply to the Department of Transportation or the contract.
As used in this section:

(a) Online bidding means a process by which bidders submit bids for a contract on a secure website on the Internet or its successor, if any, which is established and maintained for that purpose.

(b) Reverse auction means a process by which a bidder may submit more than one bid if each subsequent response to online bidding is at a lower price.

(Added to NRS by 1999, 2390 ; A 2001, 640 , 1930 ,

2262 ;

2003, 157 , 1988 ,

2128 ,

2418 ,

2491 ;

2007, 2896 ; 2011, 43 , 1602 ,

3684 ,

3685 ;

2013, 1027 , 2967 ;

2017, 4035 ; 2019, 704 ; 2021, 736 , 2218 )

Qualification of Bidders; Qualification of Subcontractors on State Public Works

NRS 338.1375

NRS

338.1375

State public works: Acceptance of bids from qualified bidders only; adoption and use of criteria for qualification of bidders.

The Division shall not accept a bid on a contract for a public work unless the contractor who submits the bid has qualified pursuant to NRS 338.1379 to bid on that contract.
The State Public Works Board shall by regulation adopt criteria for the qualification of bidders on contracts for public works of this State. The criteria adopted by the State Public Works Board pursuant to this section must be used by the Division to determine the qualification of bidders on contracts for public works of this State.
The criteria adopted by the State Public Works Board pursuant to this section:

(a) Must be adopted in such a form that the determination of whether an applicant is qualified to bid on a contract for a public work does not require or allow the exercise of discretion by any one person.

(b) May include only:

(1) The financial ability of the applicant to perform a contract;

(2) The principal personnel of the applicant;

(3) Whether the applicant has breached any contracts with a public body or person in this State or any other state;

(4) Whether the applicant has been disqualified from being awarded a contract pursuant to NRS 338.017 , 338.13845 or 338.13895 ;

(5) Whether the applicant has been disciplined or fined by the State Contractors Board or another state or federal agency for conduct that relates to the ability of the applicant to perform the public work;

(6) The performance history of the applicant concerning other recent, similar contracts, if any, completed by the applicant; and

(7) The truthfulness and completeness of the application.

(Added to NRS by 1999, 2390 ; A 2001, 1930 ; 2003, 2128 , 2419 ;

2009, 2551 , 2669 ;

2011, 2962 )

NRS 338.1376

NRS

338.1376

State public works: Qualification of subcontractors; disqualification; appeal.

Each subcontractor whose name is required to be included in a bid pursuant to NRS 338.141 must, to be eligible to provide labor or a portion of the work or improvement to a contractor to whom the Division awards a contract pursuant to this chapter, be qualified in accordance with criteria established by regulation by the State Public Works Board. The criteria established by the State Public Works Board pursuant to this subsection must be made applicable to a subcontractor but must otherwise be substantively identical to the criteria set forth in paragraph (b) of subsection 3 of NRS 338.1375 .
A subcontractor shall be presumed to be qualified pursuant to subsection 1 unless the Division has received information that:

(a) The Division determines to be sufficient and verifiable; and

(b) Indicates the subcontractor does not meet the criteria established by regulation pursuant to subsection 1.

Upon receipt of sufficient and verifiable information of a type described in subsection 2, the Division shall require a subcontractor regarding whom such information is received to submit to the Division, on a form prescribed by the Division, an application for qualification in accordance with the criteria established by regulation pursuant to subsection 1. After receiving such an application, the Division shall determine whether the subcontractor is qualified in accordance with the criteria established by regulation pursuant to subsection 1. Except as otherwise provided in subsection 4, if the Division determines that the subcontractor does not meet such criteria, the Division may disqualify the subcontractor, for a period set by the Division, from participating in public works projects which are sponsored by the Division. The Division shall provide written notice to the subcontractor of any such disqualification.
A subcontractor may appeal a disqualification pursuant to subsection 3 in the manner set forth in NRS 338.1381 .

(Added to NRS by 2003, 2127 )

NRS 338.1377

NRS

338.1377

Local government public works: Adoption of criteria for qualification of bidders.

Except as otherwise provided in NRS 338.1382 , if a governing body that sponsors or finances a public work elects to award contracts for public works pursuant to the provisions of NRS 338.1377 to 338.139 , inclusive, the governing body shall adopt the following criteria for determining whether a person who has applied pursuant to NRS 338.1379 is qualified to bid on contracts for public works of the local government:

Whether the applicant possesses a valid contractors license of a class corresponding to the work to be required by the local government;
Whether the applicant has the ability to obtain the necessary bonding for the work to be required by the local government;
Whether the applicant has successfully completed an appropriate number of projects as determined by the local government, but not to exceed five projects, during the 5 years immediately preceding the date of application of similar size, scope or type as the work to be required by the local government;
Whether the principal personnel employed by the applicant have the necessary professional qualifications and experience for the work to be required by the local government;
Whether the applicant has breached any contracts with a public agency or person in this State or any other state during the 5 years immediately preceding the date of application;
Whether the applicant has been disqualified from being awarded a contract pursuant to NRS 338.017 or 338.13895 ;
Whether the applicant has been convicted of a violation for discrimination in employment during the 2 years immediately preceding the date of application;
Whether the applicant has the ability to obtain and maintain insurance coverage for public liability and property damage within limits sufficient to protect the applicant and all the subcontractors of the applicant from claims for personal injury, accidental death and damage to property that may arise in connection with the work to be required by the local government;
Whether the applicant has established a safety program that complies with the requirements of chapter 618 of NRS;
Whether the applicant has been disciplined or fined by the State Contractors Board or another state or federal agency for conduct that relates to the ability of the applicant to perform the work to be required by the local government;
Whether, during the 5 years immediately preceding the date of application, the applicant has filed as a debtor under the provisions of the United States Bankruptcy Code;
Whether the application of the applicant is truthful and complete; and
Whether, during the 5 years immediately preceding the date of application, the applicant has, as a result of causes within the control of the applicant or a subcontractor or supplier of the applicant, failed to perform any contract:

(a) In the manner specified by the contract and any change orders initiated or approved by the person or governmental entity that awarded the contract or its authorized representative;

(b) Within the time specified by the contract unless extended by the person or governmental entity that awarded the contract or its authorized representative; or

(c) For the amount of money specified in the contract or as modified by any change orders initiated or approved by the person or governmental entity that awarded the contract or its authorized representative.

(Added to NRS by 1999, 2390 ; A 2001, 170 , 1931 ;

2003, 2419 , 2491 ;

2005, 1795 )

NRS 338.1379

NRS

338.1379

State and local government public works: Submission of application to qualify as bidder; investigation of applicant; determination; notice; period of qualification; use of criteria; confidentiality of certain financial information concerning applicant; denial or revocation of qualification in certain circumstances.

Except as otherwise provided in NRS 338.1382 , a contractor who wishes to qualify as a bidder on a contract for a public work must submit an application to the Division or the local government.
Upon receipt of an application pursuant to subsection 1, the Division or the local government shall:

(a) Investigate the applicant to determine whether the applicant is qualified to bid on a contract; and

(b) After conducting the investigation, determine whether the applicant is qualified to bid on a contract. The determination must be made within 45 days after receipt of the application.

The Division or the local government shall notify each applicant in writing of its determination. If an application is denied, the notice must set forth the reasons for the denial and inform the applicant of the right to a hearing pursuant to NRS 338.1381 .
The Division or the local government may determine an applicant is qualified to bid:

(a) On a specific project; or

(b) On more than one project over a period of time to be determined by the Division or the local government.

Except as otherwise provided in subsection 8, the Division shall not use any criteria other than criteria adopted by regulation pursuant to NRS 338.1375 in determining whether to approve or deny an application.
Except as otherwise provided in subsection 8, the local government shall not use any criteria other than the criteria described in NRS 338.1377 in determining whether to approve or deny an application.
Except as otherwise provided in NRS 239.0115 , financial information and other data pertaining to the net worth of an applicant which is gathered by or provided to the Division or a local government to determine the financial ability of an applicant to perform a contract is confidential and not open to public inspection.
The Division or the local government shall deny an application and revoke any existing qualification to bid if it finds that the applicant has, within the preceding year, materially breached a contract for a public work for which the cost exceeds $25,000,000.

(Added to NRS by 1999, 2391 ; A 2001, 1931 ; 2003, 2421 , 2493 ;

2005, 1797 ; 2007, 2089 ; 2011, 43 ; 2013, 1390 )

NRS 338.1381

NRS

338.1381

State and local government public works: Procedure upon appeal of denial of application to qualify as bidder or disqualification of subcontractor.

If, within 10 days after receipt of the notice denying an application pursuant to NRS 338.1379 or 338.16991 or disqualifying a subcontractor pursuant to NRS 338.1376 , the applicant or subcontractor, as applicable, files a written request for a hearing with the Division or the local government, the State Public Works Board or governing body shall set the matter for a hearing within 20 days after receipt of the request. The hearing must be held not later than 45 days after the receipt of the request for a hearing unless the parties, by written stipulation, agree to extend the time.
The hearing must be held at a time and place prescribed by the Board or local government. At least 10 days before the date set for the hearing, the Board or local government shall serve the applicant or subcontractor with written notice of the hearing. The notice may be served by personal delivery to the applicant or subcontractor or by certified mail to the last known business or residential address of the applicant or subcontractor.
The applicant or subcontractor has the burden at the hearing of proving by substantial evidence that the applicant is entitled to be qualified to bid on a contract for a public work, or that the subcontractor is qualified to be a subcontractor on a contract for a public work.
In conducting a hearing pursuant to this section, the Board or governing body may:

(a) Administer oaths;

(b) Take testimony;

(d) Require the production of related books, papers and documents; and

(e) Issue commissions to take testimony.

If a witness refuses to attend or testify or produce books, papers or documents as required by the subpoena issued pursuant to subsection 4, the Board or governing body may petition the district court to order the witness to appear or testify or produce the requested books, papers or documents.
The Board or governing body shall issue a decision on the matter during the hearing. The decision of the Board or governing body is a final decision for purposes of judicial review.

(Added to NRS by 1999, 2392 ; A 2003, 2128 , 2421 ,

3515 ;

2005, 1798 ; 2011, 2962 , 3685 ;

2017, 4035 ; 2021, 736 , 2218 )

NRS 338.1385

NRS

338.1385

Advertising for bids and compliance with certain provisions required for commencement of certain public works; quarterly reports of awarded contracts by authorized representatives; availability of plans and specifications for public inspection; award of contract to lowest responsive and responsible bidder; rejection of bids; authority to award contract without competitive bidding if no bids received in response to advertisement for bids in certain circumstances; requirements before public body may commence public work itself; exemptions.

Except as otherwise provided in subsection 9, this State, or a governing body or its authorized representative that awards a contract for a public work in accordance with paragraph (a) of subsection 1 of NRS 338.1373 shall not:

(a) Commence a public work for which the estimated cost exceeds $100,000 unless it advertises in a newspaper qualified pursuant to chapter 238 of NRS that is published in the county where the public work will be performed for bids for the public work. If no qualified newspaper is published in the county where the public work will be performed, the required advertisement must be published in some qualified newspaper that is printed in the State of Nevada and having a general circulation within the county.

(b) Commence a public work for which the estimated cost is $100,000 or less unless it complies with the provisions of NRS 338.1386 , 338.13862 and 338.13864 and, with respect to the State,

NRS 338.1384 to 338.13847 , inclusive.

At least once each quarter, the authorized representative of a public body shall report to the public body any contract that the authorized representative awarded pursuant to subsection 1 in the immediately preceding quarter.
Each advertisement for bids must include a provision that sets forth the requirement that a contractor must be qualified pursuant to NRS 338.1379 or 338.1382 to bid on the contract.
Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the public work must be awarded on the basis of bids received.
Except as otherwise provided in subsection 6 and NRS 338.1389 , a public body or its authorized representative shall award a contract to the lowest responsive and responsible bidder.
Any bids received in response to an advertisement for bids may be rejected if the public body or its authorized representative responsible for awarding the contract determines that:

(a) The bidder is not a qualified bidder pursuant to NRS 338.1379 or 338.1382 ;

(b) The bidder is not responsive or responsible;

(c) The quality of the services, materials, equipment or labor offered does not conform to the approved plans or specifications; or

(d) The public interest would be served by such a rejection.

A public body may let a contract without competitive bidding if no bids were received in response to an advertisement for bids and:

(a) The public body publishes a notice stating that no bids were received and that the contract may be let without further bidding;

(b) The public body considers any bid submitted in response to the notice published pursuant to paragraph (a);

(d) The contract is awarded to the lowest responsive and responsible bidder.

Before a public body may commence the performance of a public work itself pursuant to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, the public body shall prepare and make available for public inspection a written statement containing:

(a) A list of all persons, including supervisors, whom the public body intends to assign to the public work, together with their classifications and an estimate of the direct and indirect costs of their labor;

(b) A list of all equipment that the public body intends to use on the public work, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;

(d) An estimate of the total cost of the public work, including, the fair market value of or, if known, the actual cost of all materials, supplies, labor and equipment to be used for the public work; and

(e) An estimate of the amount of money the public body expects to save by rejecting the bids and performing the public work itself.

This section does not apply to:

(a) Any utility subject to the provisions of chapter 318 or 710

of NRS;

(b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327 ;

(d) The Las Vegas Valley Water District created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley Water District created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley Water District created pursuant to chapter 100, Statutes of Nevada 1993;

(e) The design and construction of a public work for which a public body contracts with a design-build team pursuant to NRS 338.1711 to 338.1727 , inclusive;

(f) A constructability review of a public work, which review a local government or its authorized representative is required to perform pursuant to NRS 338.1435 ; or

(g) The preconstruction or construction of a public work for which a public body enters into a contract with a construction manager at risk pursuant to NRS 338.1685

to 338.16995 , inclusive.

(Added to NRS by 1999, 2392 ; A 1999, 3491 , 3497 ;

2001, 252 , 2006 ,

2022 ;

2003, 119 , 1989 ,

1990 ,

2422 ,

2423 ,

2494 ,

2495 ;

2005, 1798 , 1799 ;

2007, 2896 , 2898 ;

2009, 434 , 2670 ,

2672 ;

2011, 3686 ; 2017, 4035 ; 2021, 736 , 2218 )

NRS 338.1386

NRS

338.1386

State or local government to award contract for smaller public work to contractor or perform public work itself.

If the estimated cost of a public work is $100,000 or less, this State or a local government shall:

Award a contract for the completion of the public work to a properly licensed contractor in accordance with NRS 338.13862 ; or
Perform the public work itself in accordance with NRS 338.13864 .

(Added to NRS by 2003, 1984 )

NRS 338.13862

NRS

338.13862

Requirements for awarding contract for smaller public work to contractor.

Before this State or a local government awards a contract for the completion of a public work in accordance with subsection 1 of NRS 338.1386 , the State or the local government must:

(a) If the estimated cost of the public work is more than $25,000 but not more than $100,000, solicit bids from at least three properly licensed contractors; and

(b) If the estimated cost of the public work is $25,000 or less, solicit a bid from at least one properly licensed contractor.

Any bids received in response to a solicitation for bids made pursuant to this section may be rejected if the State or the local government determines that:

(a) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications;

(b) The bidder is not responsive or responsible; or

At least once each quarter, the State and each local government shall prepare a report detailing, for each public work over $25,000 for which a contract for its completion is awarded pursuant to paragraph (a) of subsection 1, if any:

(a) The name of the contractor to whom the contract was awarded;

(b) The amount of the contract awarded;

(d) The names of all contractors from whom bids were solicited.

A report prepared pursuant to subsection 3 is a public record and must be maintained on file at the administrative offices of the applicable public body.
The provisions of this section do not relieve this State from the duty to award the contract for the public work to a bidder who is:

(a) Qualified pursuant to the applicable provisions of NRS 338.1375 to 338.1382 , inclusive; and

(b) The lowest responsive and responsible bidder, if bids are required to be solicited from more than one properly licensed contractor pursuant to subsection 1. For the purposes of this paragraph, the lowest responsive and responsible bidder must be determined in consideration of any applicable bidders preference granted pursuant to NRS 338.13844 .

(Added to NRS by 2003, 1984 ; A 2009, 2673 )

NRS 338.13864

NRS

338.13864

Attestation required before State or local government may perform certain smaller public works itself.

If the State or a local government proposes to perform a public work itself in accordance with subsection 2 of NRS 338.1386 , the public officer responsible for the management of the public works of the State or the local government, as applicable, must, if the estimated cost of the public work is more than $25,000 but not more than $100,000 and before work on the public work is commenced, prepare a signed attestation regarding the decision of the State or the local government to perform the public work itself.
An attestation prepared pursuant to subsection 1:

(a) Must set forth:

(1) The estimated cost of the public work;

(2) A general statement as to why the State or the local government has decided to perform the public work itself; and

(3) A general statement that the public work will adhere to the same quality and standards as would be required of a properly licensed contractor if the public work had been awarded to a properly licensed contractor; and

(b) Is a public record and must be maintained on file at the administrative offices of the applicable public body.

(Added to NRS by 2003, 1985 )

NRS 338.1389

NRS

338.1389

Contract for public work for which estimated cost exceeds $250,000 must be awarded to contractor who submits best bid; certain bids deemed best bid; eligibility to receive preference in bidding; issuance of certificate of eligibility by State Contractors Board; regulations; fees; sanctions; objections.

Except as otherwise provided in subsection 10 and NRS 338.1385 , 338.1386 and 338.13864 , a public body or its authorized representative shall award a contract for a public work for which the estimated cost exceeds $250,000 to the contractor who submits the best bid.
Except as otherwise provided in subsection 10 or limited by subsection 11, the lowest bid that is:

(a) Submitted by a responsive and responsible contractor who:

(1) Has been determined by the public body to be a qualified bidder pursuant to NRS 338.1379 or 338.1382 ;

(2) At the time the contractor submits his or her bid, provides a valid certificate of eligibility to receive a preference in bidding on public works issued to the contractor by the State Contractors Board pursuant to subsection 3 or 4; and

(3) Within 2 hours after the completion of the opening of the bids by the public body or its authorized representative, submits a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117 ; and

(b) Not more than 5 percent higher than the bid submitted by the lowest responsive and responsible bidder who:

(1) Does not provide, at the time he or she submits the bid, a valid certificate of eligibility to receive a preference in bidding on public works issued to him or her by the State Contractors Board pursuant to subsection 3 or 4; or

(2) Does not submit, within 2 hours after the completion of the opening of the bids by the public body or its authorized representative, a signed affidavit certifying that he or she will comply with the requirements of paragraphs (a) to (d), inclusive, of subsection 1 of NRS 338.0117 for the duration of the contract,

Ê shall be deemed to be the best bid for the purposes of this section.

The State Contractors Board shall issue a certificate of eligibility to receive a preference in bidding on public works to a general contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the general contractor has, while licensed as a general contractor in this State:

(a) Paid directly, on his or her own behalf:

(1) The sales and use taxes imposed pursuant to chapters 372 , 374 and 377 of NRS on materials used for construction in this State, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this State that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;

(2) The governmental services tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his or her business in this State of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or

(3) Any combination of such sales and use taxes and governmental services tax; or

(b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating construction firm that possesses a:

(1) License as a general contractor pursuant to the provisions of chapter 624 of NRS; and

(2) Certificate of eligibility to receive a preference in bidding on public works.

The State Contractors Board shall issue a certificate of eligibility to receive a preference in bidding on public works to a specialty contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the specialty contractor has, while licensed as a specialty contractor in this State:

(a) Paid directly, on his or her own behalf:

(1) The sales and use taxes pursuant to chapters 372 , 374

and 377 of NRS on materials used for construction in this State, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this State that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;

(3) Any combination of such sales and use taxes and governmental services tax; or

(b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating construction firm that possesses a:

(1) License as a specialty contractor pursuant to the provisions of chapter 624 of NRS; and

(2) Certificate of eligibility to receive a preference in bidding on public works.

For the purposes of complying with the requirements set forth in paragraph (a) of subsection 3 and paragraph (a) of subsection 4, a contractor shall be deemed to have paid:

(a) Sales and use taxes and governmental services taxes that were paid in this State by an affiliate or parent company of the contractor, if the affiliate or parent company is also a general contractor or specialty contractor, as applicable; and

(b) Sales and use taxes that were paid in this State by a joint venture in which the contractor is a participant, in proportion to the amount of interest the contractor has in the joint venture.

A contractor who has received a certificate of eligibility to receive a preference in bidding on public works from the State Contractors Board pursuant to subsection 3 or 4 shall, at the time for the renewal of his or her contractors license pursuant to NRS 624.283 , submit to the Board an affidavit from a certified public accountant setting forth that the contractor has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 3 or paragraph (a) of subsection 4, as applicable, to maintain eligibility to hold such a certificate.
A contractor who fails to submit an affidavit to the Board pursuant to subsection 6 ceases to be eligible to receive a preference in bidding on public works unless the contractor reapplies for and receives a certificate of eligibility pursuant to subsection 3 or 4, as applicable.
If a contractor holds more than one contractors license, the contractor must submit a separate application for each license pursuant to which the contractor wishes to qualify for a preference in bidding. Upon issuance, the certificate of eligibility to receive a preference in bidding on public works becomes part of the contractors license for which the contractor submitted the application.
If a contractor who applies to the State Contractors Board for a certificate of eligibility to receive a preference in bidding on public works:

(a) Submits false information to the Board regarding the required payment of taxes, the contractor is not eligible to receive a preference in bidding on public works for a period of 5 years after the date on which the Board becomes aware of the submission of the false information; or

(b) Is found by the Board to have, within the preceding 5 years, materially breached a contract for a public work for which the cost exceeds $5,000,000, the contractor is not eligible to receive a preference in bidding on public works.

If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work.
If a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the bid may receive a preference in bidding only if both or all of the joint venturers separately meet the requirements of subsection 2.
The State Contractors Board shall adopt regulations and may assess reasonable fees relating to the certification of contractors for a preference in bidding on public works.
A person who submitted a bid on the public work or an entity who believes that the contractor who was awarded the contract for the public work wrongfully holds a certificate of eligibility to receive a preference in bidding on public works may challenge the validity of the certificate by filing a written objection with the public body to which the contractor has submitted a bid on a contract for the construction of a public work. A written objection authorized pursuant to this subsection must:

(a) Set forth proof or substantiating evidence to support the belief of the person or entity that the contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works; and

(b) Be filed with the public body not later than 3 business days after the opening of the bids by the public body or its authorized representative.

If a public body receives a written objection pursuant to subsection 13, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection and the public body or its authorized representative may proceed immediately to award the contract. If the public body determines that the objection is accompanied by the required proof or substantiating evidence, the public body shall determine whether the contractor qualifies for the certificate pursuant to the provisions of this section and the public body or its authorized representative may proceed to award the contract accordingly.

(Added to NRS by 1999, 2395 ; A 1999, 3491 , 3497 ;

2001, 252 , 296 ,

2008 ,

2022 ,

2262 ;

2003, 119 , 124 ,

1992 ,

2426 ,

2497 ;

2007, 864 ; 2011, 44 ; 2013, 1391 )

NRS 338.13895

NRS

338.13895

Award of contract to unlicensed or improperly licensed contractor prohibited; replacement of unacceptable subcontractor; rescission of award of contract to unlicensed or improperly licensed contractor before commencement of work.

The Division shall not award a contract to a person who, at the time of the bid, is not properly licensed under the provisions of chapter 624 of NRS or if the contract would exceed the limit of the persons license. A subcontractor who is:

(a) Named in the bid for the contract as a subcontractor who will provide a portion of the work on the public work pursuant to NRS 338.141 ; and

(b) Not properly licensed for that portion of the work, or who, at the time of the bid, is on disqualified status with the Division pursuant to NRS 338.1376 ,

Ê shall be deemed unacceptable. If the subcontractor is deemed unacceptable pursuant to this subsection, the contractor shall provide an acceptable subcontractor with no increase in the amount of the contract or bid.

A local government awarding a contract for a public work shall not award the contract to a person who, at the time of the bid, is not properly licensed under the provisions of chapter 624 of NRS or if the contract would exceed the limit of the persons license. A subcontractor who is:

(a) Named in the bid for the contract as a subcontractor who will provide a portion of the work on the public work pursuant to NRS 338.141 ; and

(b) Not properly licensed for that portion of work,

If, after awarding the contract, but before commencement of the work, the public body or its authorized representative discovers that the person to whom the contract was awarded is not licensed, or that the contract would exceed the persons license, the public body or its authorized representative shall rescind the award of the contract and may accept the next lowest bid for that public work from a responsive bidder who was determined by the public body or its authorized representative to be a qualified bidder pursuant to NRS 338.1379 or 338.1382 without requiring that new bids be submitted.

(Added to NRS by 1999, 2395 ; A 2003, 2129 , 2425 ,

2497 ;

2005, 1802 ; 2011, 3688 )

NRS 338.139

NRS

338.139

Awarding of contract to specialty contractor: Conditions.

A public body or its authorized representative may award a contract for a public work pursuant to NRS 338.1375 to 338.13895 , inclusive, to a specialty contractor if:

(a) The majority of the work to be performed on the public work to which the contract pertains consists of specialty contracting for which the specialty contractor is licensed; and

(b) The public work to which the contract pertains is not part of a larger public work.

If a public body or its authorized representative awards a contract to a specialty contractor pursuant to NRS 338.1375 to 338.13895 , inclusive, all work to be performed on the public work to which the contract pertains that is outside the scope of the license of the specialty contractor must be performed by a subcontractor who:

(a) Is licensed to perform such work; and

(b) At the time of the performance of the work, is not on disqualified status with the Division pursuant to NRS 338.1376 .

(Added to NRS by 2001, 2258 ; A 2003, 2129 , 2429 )

ADDITIONAL PROCEDURES, CONDITIONS, DUTIES AND LIMITATIONS RELATING TO CONTRACTS

General Provisions

NRS 338.141

NRS

338.141

Bids to include certain information concerning subcontractors and prime contractors; when bids deemed not responsive with respect to subcontractors; requirements and penalties for substitution of named subcontractors.

Except as otherwise provided in NRS 338.1727 , each bid submitted to a public body for any public work to which paragraph (a) of subsection 1 of NRS 338.1385 , paragraph (a) of subsection 1 of NRS 338.143 or NRS 408.327 applies, must include:

(a) If the public body provides a list of the labor or portions of the public work which are estimated by the public body to exceed 3 percent of the estimated cost of the public work, the name of each first tier subcontractor who will provide such labor or portion of the work on the public work which is estimated to exceed 3 percent of the estimated cost of the public work; or

(b) If the public body does not provide a list of the labor or portions of the public work which are estimated by the public body to exceed 3 percent of the estimated cost of the public work, the name of each first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will be paid an amount exceeding 5 percent of the prime contractors total bid. If the bid is submitted pursuant to this paragraph, within 2 hours after the completion of the opening of the bids, the contractors who submitted the three lowest bids must submit a list containing:

(1) The name of each first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will be paid an amount exceeding $250,000.

(2) If any one of the contractors who submitted one of the three lowest bids will employ a first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will not be paid an amount exceeding $250,000, the name of each first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will be paid 1 percent of the prime contractors total bid or $50,000, whichever is greater.

(3) For each first tier subcontractor whose name is listed pursuant to subparagraph (1) or (2), the number of the license issued to the first tier subcontractor pursuant to chapter 624 of NRS.

The lists required by subsection 1 must include a description of the labor or portion of the work which each first tier subcontractor named in the list will provide to the prime contractor.
A prime contractor shall include his or her name on a list required by paragraph (a) or (b) of subsection 1. If the prime contractor will perform any work which

is more than 1 percent of the prime contractors total bid and which is not being performed by a subcontractor listed pursuant to paragraph (a) or (b) of subsection 1, the prime contractor shall also include on the list:

(a) A description of the labor or portion of the work that the prime contractor will perform; or

(b) A statement that the prime contractor will perform all work other than that being performed by a subcontractor listed pursuant to paragraph (a) or (b) of subsection 1.

Except as otherwise provided in this subsection, if a contractor:

(a) Fails to submit the list within the required time; or

(b) Submits a list that includes the name of a subcontractor who, at the time of the submission of the list, is on disqualified status with the Division pursuant to NRS 338.1376 ,

Ê the contractors bid shall be deemed not responsive. A contractors bid shall not be deemed not responsive on the grounds that the contractor submitted a list that includes the name of a subcontractor who, at the time of the submission of the list, is on disqualified status with the Division pursuant to NRS 338.1376 if the contractor, before the award of the contract, provides an acceptable replacement subcontractor in the manner set forth in subsection 1 or 2 of NRS 338.13895 .

A prime contractor shall not substitute a subcontractor for any subcontractor who is named in the bid, unless:

(a) The public body or its authorized representative objects to the subcontractor, requests in writing a change in the subcontractor and pays any increase in costs resulting from the change.

(b) The substitution is approved by the public body or its authorized representative. The substitution must be approved if the public body or its authorized representative determines that:

(1) The named subcontractor, after having a reasonable opportunity, fails or refuses to execute a written contract with the contractor which was offered to the named subcontractor with the same general terms that all other subcontractors on the project were offered;

(2) The named subcontractor files for bankruptcy or becomes insolvent;

(3) The named subcontractor fails or refuses to perform his or her subcontract within a reasonable time or is unable to furnish a performance bond and payment bond pursuant to NRS 339.025 ; or

(4) The named subcontractor is not properly licensed to provide that labor or portion of the work.

(c) If the public body awarding the contract is a governing body, the public body or its authorized representative, in awarding the contract pursuant to NRS 338.1375

to 338.139 , inclusive:

(1) Applies such criteria set forth in NRS 338.1377 as are appropriate for subcontractors and determines that the subcontractor does not meet that criteria; and

(2) Requests in writing a substitution of the subcontractor.

If a prime contractor substitutes a subcontractor for any subcontractor who is named in the bid without complying with the provisions of subsection 5, the prime contractor shall forfeit, as a penalty to the public body that awarded the contract, an amount equal to 1 percent of the total amount of the contract.
If a prime contractor, after the submission of the bid, substitutes a subcontractor to perform the work indicated pursuant to subsection 3 that the prime contractor would perform, the prime contractor shall forfeit as a penalty to the public body that awarded the contract, the lesser of, and excluding any amount of the contract that is attributable to change orders:

(a) An amount equal to 2.5 percent of the total amount of the contract; or

(b) An amount equal to 35 percent of the estimate by the engineer of the cost of the work the prime contractor indicated pursuant to subsection 3 that he or she would perform on the public work.

As used in this section:

(a) First tier subcontractor means a subcontractor who contracts directly with a prime contractor to provide labor, materials or services for a construction project.

(b) General terms means the terms and conditions of a contract that set the basic requirements for a public work and apply without regard to the particular trade or specialty of a subcontractor, but does not include any provision that controls or relates to the specific portion of the public work that will be completed by a subcontractor, including, without limitation, the materials to be used by the subcontractor or other details of the work to be performed by the subcontractor.

(Added to NRS by 1993, 2130 ; A 2001, 573 , 2268 ;

2003, 2130 , 2430 ,

2500 ;

2005, 1803 ; 2011, 3688 ; 2013, 2970 )

NRS 338.1415

NRS

338.1415

Local government prohibited from accepting bid on contract for public work submitted by contractor who materially breached certain contracts for public works.

A local government or its authorized representative shall not accept a bid on a contract for a public work if the contractor who submits the bid has, within the preceding year, materially breached a contract for a public work for which the cost exceeds $25,000,000.

(Added to NRS by 2011, 41 ; A 2013, 1394 )

NRS 338.1423

NRS

338.1423

Prohibition against public body entering into express or implied contract for public work providing that construction materials or goods be purchased or supplied by public body or contractor who is constituent part or acting on behalf of public body; exceptions; penalties; enforcement by Attorney General.

Except as otherwise provided in this section, a public body shall not enter into an express or implied contract for a public work which provides that any construction materials or goods to be used on the public work will be purchased or otherwise supplied by:

(a) The public body or a contractor who is a constituent part of the public body; or

(b) A contractor who is not a constituent part of the public body but is acting on behalf of the public body.

A public body may enter into an express or implied contract for a public work which provides that any construction materials or goods to be used in the public work will be purchased or supplied by the public body, a contractor who is a constituent part of the public body or a contractor who is not a constituent part of the public body but is acting on behalf of the public body if:

(a) The contract requires the payment of any state or local taxes that would otherwise have been due for the purchase and use of the construction materials or goods if the construction materials or goods had been purchased and used by a contractor who was not a constituent part of the public body and who was not otherwise exempt from the taxes pursuant to state or local law; and

(b) The public body sends an itemized list of the construction materials or goods to be purchased or otherwise provided by the public body or a contractor who is a constituent part of the public body, to the Department of Taxation. The itemized list must include the amount paid for each item.

An express or implied contract entered into in violation of subsection 1 is void.
A person who enters into an express or implied contract that violates the provisions of subsection 1 is guilty of a gross misdemeanor.
The right to enforce the provisions of this section vests exclusively in the Attorney General, who shall institute and prosecute the appropriate proceedings to enforce the provisions of this section.
If an express or implied contract for a public work is entered into in violation of subsection 1, the Attorney General shall forward to the Department of Taxation a list of construction materials or goods purchased in violation of this section by the public body or the contractor who is a constituent part of the public body. The Department shall calculate the applicable state and local taxes on the purchase and use of the construction materials or goods which would have been due but for the tax exemption of the public body or the contractor who is a constituent part of the public body, and shall deduct from the money otherwise payable from the proceeds of any tax distribution to the public body twice the amount of the applicable taxes.
The provisions of this section do not apply to an express or implied contract for a public work for which the construction materials or goods purchased by the public body are:

(a) Devices, equipment or hardware purchased in compliance with chapter 332 or 333 of NRS which are needed on a recurring basis and used to protect the health, safety or welfare of the public, including, without limitation, official traffic control devices; or

(b) Specialized components purchased in compliance with chapter 332 or 333 of NRS which are specific to a particular project and are not commonly used in public works projects.

Ê If a public body enters into such a contract, the public body must provide annually to the Department of Taxation an itemized list of the construction materials or goods purchased pursuant to the contract and the amount paid for each item.

If a public body is going to perform the public work itself in accordance with NRS 338.13864 , the public body is not required to:

(a) Pay any state or local taxes for the purchase and use of construction materials or goods.

(b) Send to the Department of Taxation an itemized list of construction materials or goods to be purchased by the public body for the public work.

As used in this section, construction materials or goods means all materials, equipment or supplies which are intended to be used in a public work.

(Added to NRS by 2015, 2374 )

NRS 338.1435

NRS

338.1435

Constructability review of initially used plans and specifications required before advertising for bids for contracts for larger public works.

Before a local government or its authorized representative advertises for bids for a contract for a public work, the local government or its authorized representative shall perform a review of the approved plans and specifications to determine if the plans and specifications are complete and contain all necessary information and specifications to construct the public work, if:

(a) The plans and specifications are to be used for the first time on a public work; and

(b) The plans and specifications are for a public work that has an estimated cost which exceeds $10,000,000.

A constructability review required pursuant to subsection 1 must be performed by an architect registered pursuant to chapter 623 of NRS, a contractor licensed pursuant to chapter 624 of NRS or a professional engineer licensed pursuant to chapter 625 of NRS and must include, without limitation:

(a) A determination of whether a competent contractor would be able to construct the public work based on the approved plans and specifications; and

(b) A review of the approved plans and specifications for the public work for completeness, clarity and economic feasibility.

If the local government or its authorized representative does not employ a person who has the expertise to perform a constructability review as described in subsection 2, the local government or its authorized representative must contract with an independent third party who is an architect registered pursuant to chapter 623 of NRS, a contractor licensed pursuant to chapter 624 of NRS or a professional engineer licensed pursuant to chapter 625 of NRS to perform the constructability review. A contract entered into pursuant to this section between a local government or its authorized representative and an independent third party is not required to be awarded by competitive bidding.

(Added to NRS by 2007, 2895 )

NRS 338.1442

NRS

338.1442

Local government to award contract for smaller public work to contractor or perform public work itself.

If the estimated cost of a public work is $100,000 or less, a local government shall:

Award a contract for the completion of the public work to a properly licensed contractor in accordance with NRS 338.1444 ; or
Perform the public work itself in accordance with NRS 338.1446 .

(Added to NRS by 2003, 1985 )

NRS 338.1444

NRS

338.1444

Award of contract for smaller public work to contractor: Solicitation of bids; rejection of bids; quarterly report by local government; compliance by local government with certain requirements.

Before a local government awards a contract for the completion of a public work in accordance with subsection 1 of

NRS 338.1442 , the local government must:

(a) If the estimated cost of the public work is more than $25,000 but not more than $100,000, solicit bids from at least three properly licensed contractors; and

(b) If the estimated cost of the public work is $25,000 or less, solicit a bid from at least one properly licensed contractor.

Any bids received in response to a solicitation for bids made pursuant to this section may be rejected if the local government determines that:

(a) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications;

(b) The bidder is not responsive or responsible; or

At least once each quarter, a local government shall prepare a report detailing, for each public work over $25,000 for which a contract for its completion is awarded pursuant to paragraph (a) of subsection 1, if any:

(a) The name of the contractor to whom the contract was awarded;

(b) The amount of the contract awarded;

(d) The names of all contractors from whom bids were solicited.

A report prepared pursuant to subsection 3 is a public record and must be maintained on file at the administrative offices of the applicable public body.
The provisions of this section do not relieve a local government from the duty to award the contract for the public work to a bidder who is the lowest responsive and responsible bidder if bids are required to be solicited from more than one properly licensed contractor pursuant to subsection 1.

(Added to NRS by 2003, 1985 )

NRS 338.1446

NRS

338.1446

Attestation required before local government may perform certain smaller public works itself.

If a local government proposes to perform a public work itself in accordance with subsection 2 of NRS 338.1442 , the public officer responsible for the management of the public works of the local government must, if the estimated cost of the public work is more than $25,000 but not more than $100,000 and before work on the public work is commenced, prepare a signed attestation regarding the decision of the local government to perform the public work itself.
An attestation prepared pursuant to subsection 1:

(a) Must set forth:

(1) The estimated cost of the public work;

(2) A general statement as to why the local government has decided to perform the public work itself; and

(b) Is a public record and must be maintained on file at the administrative offices of the local government.

(Added to NRS by 2003, 1986 )

NRS 338.147

NRS

338.147

Except as otherwise provided in subsection 10 and NRS 338.143 , 338.1442 and 338.1446 , a local government or its authorized representative shall award a contract for a public work for which the estimated cost exceeds $250,000 to the contractor who submits the best bid.
Except as otherwise provided in subsection 10 or limited by subsection 11, the lowest bid that is:

(a) Submitted by a contractor who:

(1) Has been found to be a responsible and responsive contractor by the local government or its authorized representative;

(3) Within 2 hours after the completion of the opening of the bids by the local government or its authorized representative, submits a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117 ; and

(b) Not more than 5 percent higher than the bid submitted by the lowest responsive and responsible bidder who:

Ê shall be deemed to be the best bid for the purposes of this section.

The State Contractors Board shall issue a certificate of eligibility to receive a preference in bidding on public works to a general contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the general contractor has, while licensed as a general contractor in this State:

(a) Paid directly, on his or her own behalf:

(3) Any combination of such sales and use taxes and governmental services tax; or

(b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating construction firm that possesses a:

(1) License as a general contractor pursuant to the provisions of chapter 624 of NRS; and

(2) Certificate of eligibility to receive a preference in bidding on public works.

The State Contractors Board shall issue a certificate of eligibility to receive a preference in bidding on public works to a specialty contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the specialty contractor has, while licensed as a specialty contractor in this State:

(a) Paid directly, on his or her own behalf:

(1) The sales and use taxes pursuant to chapters 372 , 374

(3) Any combination of such sales and use taxes and governmental services tax; or

(b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating construction firm that possesses a:

(1) License as a specialty contractor pursuant to the provisions of chapter 624 of NRS; and

(2) Certificate of eligibility to receive a preference in bidding on public works.

For the purposes of complying with the requirements set forth in paragraph (a) of subsection 3 and paragraph (a) of subsection 4, a contractor shall be deemed to have paid:

(a) Sales and use taxes and governmental services taxes paid in this State by an affiliate or parent company of the contractor, if the affiliate or parent company is also a general contractor or specialty contractor, as applicable; and

(b) Sales and use taxes paid in this State by a joint venture in which the contractor is a participant, in proportion to the amount of interest the contractor has in the joint venture.

A contractor who has received a certificate of eligibility to receive a preference in bidding on public works from the State Contractors Board pursuant to subsection 3 or 4 shall, at the time for the renewal of his or her contractors license pursuant to NRS 624.283 , submit to the Board an affidavit from a certified public accountant setting forth that the contractor has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 3 or paragraph (a) of subsection 4, as applicable, to maintain eligibility to hold such a certificate.
A contractor who fails to submit an affidavit to the Board pursuant to subsection 6 ceases to be eligible to receive a preference in bidding on public works unless the contractor reapplies for and receives a certificate of eligibility pursuant to subsection 3 or 4, as applicable.
If a contractor holds more than one contractors license, the contractor must submit a separate application for each license pursuant to which the contractor wishes to qualify for a preference in bidding. Upon issuance, the certificate of eligibility to receive a preference in bidding on public works becomes part of the contractors license for which the contractor submitted the application.
If a contractor who applies to the State Contractors Board for a certificate of eligibility to receive a preference in bidding on public works:

If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work.
If a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the bid may receive a preference in bidding only if both or all of the joint venturers separately meet the requirements of subsection 2.
The State Contractors Board shall adopt regulations and may assess reasonable fees relating to the certification of contractors for a preference in bidding on public works.
A person who submitted a bid on the public work or an entity who believes that the contractor who was awarded the contract for the public work wrongfully holds a certificate of eligibility to receive a preference in bidding on public works may challenge the validity of the certificate by filing a written objection with the local government to which the contractor has submitted a bid on a contract for the construction of a public work. A written objection authorized pursuant to this subsection must:

(b) Be filed with the local government not later than 3 business days after the opening of the bids by the local government or its authorized representative.

If a local government receives a written objection pursuant to subsection 13, the local government shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the local government determines that the objection is not accompanied by the required proof or substantiating evidence, the local government shall dismiss the objection and the local government or its authorized representative may proceed immediately to award the contract. If the local government determines that the objection is accompanied by the required proof or substantiating evidence, the local government shall determine whether the contractor qualifies for the certificate pursuant to the provisions of this section and the local government or its authorized representative may proceed to award the contract accordingly.

(Added to NRS by 1985, 670 ; A 1987, 1476 ; 1989, 932 ; 1991, 2374 ; 1993, 1382 , 1383 ,

2133 ,

2135 ;

1995, 678 , 2062 ;

1999, 1850 , 2401 ,

3477 ;

2001, 252 , 300 ,

2011 ,

2022 ,

2269 ;

2003, 119 , 124 ,

1997 ,

2435 ;

2007, 866 ; 2011, 47 ; 2013, 1395 )

NRS 338.1475

NRS

338.1475

Award of contract to unlicensed or improperly licensed contractor prohibited; replacement of unacceptable subcontractor before contract is awarded; rescission of award of contract to unlicensed or improperly licensed contractor before commencement of work and award of new contract without rebidding.

A local government or its authorized representative awarding a contract for a public work shall not award the contract to a person who, at the time of the bid, is not properly licensed under the provisions of chapter 624 of NRS or if the contract would exceed the limit of the persons license. A subcontractor who is:

(a) Named in the bid for the contract as a subcontractor who will provide a portion of the work on the public work pursuant to NRS 338.141 ; and

(b) Not properly licensed for that portion of the work,

Ê shall be deemed unacceptable. If the subcontractor is deemed unacceptable pursuant to this subsection, the contractor shall provide an acceptable subcontractor.

If, after awarding the contract, but before commencement of the work, the local government or its authorized representative discovers that the person to whom the contract was awarded is not licensed, or that the contract would exceed the persons license, the local government or its authorized representative shall rescind the award of the contract and may accept the next lowest bid for that public work from a responsive and responsible bidder without requiring that new bids be submitted.

(Added to NRS by 1983, 913 ; A 1993, 2133 ; 1999, 2400 ; 2003, 2434 )

NRS 338.148

NRS

338.148

Awarding of contract to specialty contractor: Conditions.

A local government or its authorized representative may award a contract for a public work to a specialty contractor pursuant to NRS 338.143 to 338.1475 , inclusive, if:

(a) The majority of the work to be performed on the public work to which the contract pertains consists of specialty contracting for which the specialty contractor is licensed; and

(b) The public work to which the contract pertains is not part of a larger public work.

If a local government or its authorized representative awards a contract to a specialty contractor pursuant to NRS 338.143 to 338.1475 , inclusive, all work to be performed on the public work to which the contract pertains that is outside the scope of the license of the specialty contractor must be performed by a subcontractor who is licensed to perform such work.

(Added to NRS by 2001, 2258 ; A 2003, 2438 )

Specific Provisions Required, Authorized and Prohibited in Contracts

NRS 338.150

NRS

338.150

Provisions requiring use of method of alternate dispute resolution before initiation of judicial action; exception.

Except as otherwise provided in subsection 2, a public body charged with the drafting of specifications for a public work shall include in the specifications a clause requiring the use of a method of alternate dispute resolution before initiation of a judicial action if a dispute arising between the public body and the contractor engaged on a public work cannot otherwise be settled.
The provisions of subsection 1 do not require the Department of Transportation to include such a clause in any contract entered into by the Department.

(Added to NRS by 1969, 618 ; A 1971, 621 ; 1979, 1796 ; 1985, 1462 ; 2003, 2438 ; 2005, 1808 ; 2009, 424 )

NRS 338.153

NRS

338.153

Provision requiring persons who provide labor, equipment, materials, supplies or services for public work to comply with all applicable state and local laws.

A public body shall include in each contract for a public work a clause requiring each contractor, subcontractor and other person who provides labor, equipment, materials, supplies or services for the public work to comply with the requirements of all applicable state and local laws, including, without limitation, any applicable licensing and registration requirements and requirements for the payment of sales and use taxes on equipment, materials and supplies provided for the public work.

(Added to NRS by 2003, 20th Special Session, 21 )

NRS 338.1685

NRS

338.1685

Declaration of legislative intent.

The Legislature hereby declares that the provisions of NRS 338.1685 to 338.16995 , inclusive, relating to contracts involving construction managers at risk:

Are intended:

(a) To promote public confidence and trust in the contracting and bidding procedures for public works established therein;

(b) For the benefit of the public, to promote the philosophy of obtaining the best possible value as compared to low-bid contracting; and

Are not intended to be used by the State or a political subdivision of this State to:

(a) Limit competition;

(b) Discourage competitive bidding; or

(Added to NRS by 2013, 2958 ; A 2015, 453 ; 2017, 4026 , 4035 ;

2021, 736 , 2218 )

NRS 338.1691

NRS

338.1691

Qualifications for construction manager at risk.

To qualify to enter into contracts with a public body for preconstruction services and to construct a public work, a construction manager at risk must:

Not have been found liable for breach of contract with respect to a previous project, other than a breach for legitimate cause, during the 5 years immediately preceding the date of the advertisement for proposals pursuant to NRS 338.1692 ;
Not have been disqualified from being awarded a contract pursuant to NRS 338.017 ,

338.13895 , 338.1475 or 408.333 ;

Not have entered into a contract with a public body to act as a construction manager as agent during the 4 years immediately preceding the date of the advertisement for proposals pursuant to NRS 338.1692 ;
Be licensed as a contractor pursuant to

chapter 624 of NRS; and

If the project is for the construction of a public work of the State, be qualified to bid on a public work of the State pursuant to NRS 338.1379 .

(Added to NRS by 2007, 2891 ; A 2009, 438 ; 2011, 3694 ; R 2013, 2986 ; R 2017, 4035 ; A 2021, 736 , 2217 ,

2218 )

NRS 338.1692

NRS

338.1692

Advertising for proposals for construction manager at risk; contents of request for proposals; requirements for proposals; availability of names of applicants; substitution of employees.

A public body or its authorized representative shall advertise for proposals for a construction manager at risk in the manner set forth in paragraph (a) of subsection 1 of NRS 338.1385 .
A request for proposals published pursuant to subsection 1 must include, without limitation:

(a) A description of the public work;

(b) An estimate of the cost of construction;

(d) The dates on which it is anticipated that the separate phases of the preconstruction and construction of the public work will begin and end;

(e) The date by which proposals must be submitted to the public body;

(f) If the project is a public work of the State, a statement setting forth that the construction manager at risk must be qualified to bid on a public work of the State pursuant to NRS 338.1379 before submitting a proposal;

(g) The name, title, address and telephone number of a person employed by the public body that an applicant may contact for further information regarding the public work;

(h) A list of the selection criteria and relative weight of the selection criteria that will be used to rank proposals pursuant to subsection 2 of NRS 338.1693 ;

(i) A list of the selection criteria and relative weight of the selection criteria that will be used to rank applicants pursuant to subsection 7 of NRS 338.1693 ; and

(j) A notice that the proposed form of the contract to assist in the preconstruction of the public work or to construct the public work, including, without limitation, the terms and general conditions of the contract, is available from the public body.

A proposal must include, without limitation:

(a) An explanation of the experience that the applicant has with projects of similar size and scope in both the public and private sectors by any delivery method, whether or not that method was the use of a construction manager at risk, and including, without limitation, design-build, design-assist, negotiated work or value-engineered work, and an explanation of the experience that the applicant has in such projects in Nevada;

(b) The contact information for references who have knowledge of the background, character and technical competence of the applicant;

(c) Evidence of the ability of the applicant to obtain the necessary bonding for the work to be required by the public body;

(d) Evidence that the applicant has obtained or has the ability to obtain such insurance as may be required by law;

(e) A statement of whether the applicant has been:

(1) Found liable for breach of contract with respect to a previous project, other than a breach for legitimate cause, during the 5 years immediately preceding the date of the advertisement for proposals; and

(2) Disqualified from being awarded a contract pursuant to NRS 338.017 , 338.13895 , 338.1475 or 408.333 ;

(f) The professional qualifications and experience of the applicant, including, without limitation, the resume of any employee of the applicant who will be managing the preconstruction and construction of the public work;

(g) The safety programs established and the safety records accumulated by the applicant;

(h) Evidence that the applicant is licensed as a contractor pursuant to chapter 624 of NRS;

(i) The proposed plan of the applicant to manage the preconstruction and construction of the public work which sets forth in detail the ability of the applicant to provide preconstruction services and to construct the public work and which includes, if the public work involves predominantly horizontal construction, a statement that the applicant will perform construction work equal in value to at least 25 percent of the estimated cost of construction; and

(j) If the project is for the design of a public work of the State, evidence that the applicant is qualified to bid on a public work of the State pursuant to NRS 338.1379 .

The public body or its authorized representative shall make available to the public the name of each applicant who submits a proposal pursuant to this section.
An applicant shall not substitute a different employee for an employee whose resume was submitted pursuant to paragraph (f) of subsection 3, unless:

(a) The employee whose resume was submitted is no longer employed by the applicant or is unavailable for medical reasons; or

(b) The public body enters into a contract with the applicant for preconstruction services pursuant to NRS 338.1693 more than 90 days after the date on which the final ranking of applicants was made pursuant to subsection 7 of NRS 338.1693 .

(Added to NRS by 2007, 2891 ; A 2009, 438 ; 2011, 3694 ; 2013, 2974 ; R 2013, 2986 ; A 2017, 4027 ; R 2017, 4035 ; A 2021, 736 , 2218 )

NRS 338.16925

NRS

338.16925

Confidentiality of documents and other information submitted in response to request for proposals.

Except as otherwise provided in subsection 4 of NRS 338.1692 :

Any document or other information submitted to a public body in response to a request for proposals pursuant to NRS 338.1692 by a contractor seeking a contract between the public body and a construction manager at risk pursuant to

NRS 338.1685 to 338.16995 , inclusive, is confidential and may not be disclosed until notice of intent to award the contract is issued.

As used in this section, the term document or other information means any submittal by a contractor to a public body in response to a request for proposals pursuant to NRS 338.1692 and includes, without limitation, a proposal made pursuant to NRS 338.1692 .

(Added to NRS by 2015, 453 ; A 2017, 4035 ; 2021, 736 , 2218 )

NRS 338.16935

NRS

338.16935

Contract between construction manager at risk and subcontractor for certain preconstruction services.

Notwithstanding the provisions of NRS 338.16991 and 338.16995 , and subject to the provisions of subsection 2, if a public body enters into a contract with a construction manager at risk for preconstruction services pursuant to NRS 338.1693 , the construction manager at risk may enter into a contract with a subcontractor licensed pursuant to chapter 624 of NRS to provide any of the following preconstruction services, the basis of payment for which is a negotiated price:

(a) Assisting the construction manager at risk in identifying and selecting materials and equipment to be provided by each subcontractor;

(b) Assisting the construction manager at risk in creating a schedule for the provision of labor, materials or equipment by each subcontractor;

(c) For the purpose of enabling the construction manager at risk to establish a budget for the construction of the public work, estimating the cost of labor, materials or equipment to be provided by each subcontractor; and

(d) Providing recommendations to the construction manager at risk regarding the design for the public work, as the design pertains to the labor, materials or equipment to be provided by each subcontractor.

A subcontractor may not provide preconstruction services pursuant to this section in an area of work outside the field or scope of the license of the subcontractor.

(Added to NRS by 2011, 3680 ; R 2013, 2986 ; R 2017, 4035 ; A 2021, 736 , 2218 )

NRS 338.1696

NRS

338.1696

Negotiation of contract for construction of public work or portion thereof with construction manager at risk; awarding of contract if public body unable to negotiate satisfactory contract with construction manager at risk; provision by construction manager at risk of information concerning public work and subcontractors.

If a public body enters into a contract with a construction manager at risk for preconstruction services pursuant to NRS 338.1693 , after the public body has finalized the design for the public work, or any portion thereof sufficient to determine the provable cost of that portion, the public body shall enter into negotiations with the construction manager at risk for a contract to construct the public work or the portion thereof for the public body for:

(a) The cost of the work, plus a fee, with a guaranteed maximum price;

(b) A fixed price; or

(c) A fixed price plus reimbursement for overhead and other costs and expenses related to the construction of the public work or portion thereof.

If the public body is unable to negotiate a satisfactory contract with the construction manager at risk to construct the public work or portion thereof, the public body shall terminate negotiations with that applicant and:

(a) May award the contract for the public work:

(1) If the public body is not a local government, pursuant to the provisions of NRS 338.1377 to 338.139 , inclusive.

(2) If the public body is a local government, pursuant to the provisions of NRS 338.1377 to 338.139 , inclusive, or 338.143 to 338.148 , inclusive; and

(b) Shall accept a bid to construct the public work from the construction manager at risk with whom the public body entered into a contract for preconstruction services.

Before entering into a contract with the public body to construct a public work or a portion thereof pursuant to subsection 1, the construction manager at risk shall:

(a) Provide the public body with a list of the labor or portions of the work which are estimated by the construction manager at risk to exceed 1 percent of the estimated cost of the public work; and

(b) Select each subcontractor who is to provide labor or a portion of the work which is estimated by the construction manager at risk to exceed 1 percent of the estimated cost of the public work in accordance with NRS 338.16991 and 338.16995 and provide the names of each selected subcontractor to the public body.

Except as otherwise provided in subsection 13 of NRS 338.16995 , a public body shall not interfere with the right of the construction manager at risk to select the subcontractor whom the construction manager at risk determines to have submitted the best proposal pursuant to NRS 338.16995 .

(Added to NRS by 2007, 2893 ; A 2009, 440 ; 2011, 3697 ; 2013, 2977 ; R 2013, 2986 ; R 2017, 4035 ; A 2021, 736 , 2218 )

NRS 338.16985

NRS

338.16985

Duties and powers of construction manager at risk who enters into contract for construction of public work or portion thereof.

A construction manager at risk who enters into a contract for the construction of a public work pursuant to NRS 338.1696 :

Is responsible for contracting for the services of any necessary subcontractor, supplier or independent contractor necessary for the construction of the public work and for the performance of and payment to any such subcontractors, suppliers or independent contractors.
If the public work involves predominantly horizontal construction, shall perform construction work equal in value to at least 25 percent of the estimated cost of construction himself or herself, or using his or her own employees.
If the public work involves predominantly vertical construction, may perform himself or herself or using his or her own employees as much of the construction of the building or structure that the construction manager at risk is able to demonstrate that the construction manager at risk or his or her own employees have performed on similar projects.

(Added to NRS by 2007, 2894 ; A 2013, 2978 ; R 2013, 2986 ; R 2017, 4035 ; A 2021, 736 , 2218 )

NRS 338.16991

NRS

338.16991

Contract between construction manager at risk and subcontractor to provide labor, materials or equipment on project: Eligibility; procedure for determination of qualification of subcontractor to submit proposal.

To be eligible to provide labor, materials or equipment on a public work, the contract for which a public body has entered into with a construction manager at risk pursuant to NRS 338.1696 , a subcontractor must be:

(a) Licensed pursuant to chapter 624 of NRS; and

(b) Qualified pursuant to the provisions of this section to submit a proposal for the provision of labor, materials or equipment on a public work.

Subject to the provisions of subsections 3, 4 and 5, the construction manager at risk shall determine whether an applicant is qualified to submit a proposal for the provision of labor, materials or equipment on the public work for the purposes of paragraph (b) of subsection 1.
Not earlier than 30 days after a construction manager at risk has been selected pursuant to NRS 338.1693 and not later than 10 working days before the date by which an application must be submitted, the construction manager at risk shall advertise for applications from subcontractors in the manner set forth in paragraph (a) of subsection 1 of NRS 338.1385 . The construction manager at risk may accept an application from a subcontractor before advertising for applications pursuant to this subsection.
The criteria to be used by the construction manager at risk when determining whether an applicant is qualified to submit a proposal for the provision of labor, materials or equipment must include, and must be limited to:

(a) The monetary limit placed on the license of the applicant by the State Contractors Board pursuant to NRS 624.220 ;

(b) The financial ability of the applicant to provide the labor, materials or equipment required on the public work;

(d) The safety programs established and the safety records accumulated by the applicant;

(e) Whether the applicant has breached any contracts with a public body or person in this State or any other state during the 5 years immediately preceding the application;

(f) Whether the applicant has been disciplined or fined by the State Contractors Board or another state or federal agency for conduct that relates to the ability of the applicant to perform the public work;

(g) The performance history of the applicant concerning other recent, similar public or private contracts, if any, completed by the applicant in Nevada;

(h) The principal personnel of the applicant;

(i) Whether the applicant has been disqualified from the award of any contract pursuant to NRS 338.017 or 338.13895 ; and

(j) The truthfulness and completeness of the application.

The public body or its authorized representative shall ensure that each determination made pursuant to subsection 2 is made subject to the provisions of subsection 4.
The construction manager at risk shall notify each applicant and the public body in writing of a determination made pursuant to subsection 2.
A determination made pursuant to subsection 2 that an applicant is not qualified may be appealed pursuant to NRS 338.1381 to the public body with whom the construction manager at risk has entered into a contract for the construction of the public work.

(Added to NRS by 2011, 3681 ; A 2013, 2979 ; R 2013, 2986 ; A 2017, 4030 ; R 2017, 4035 ; A 2021, 736 , 2218 )

NRS 338.16995

NRS

338.16995

Contract between construction manager at risk and subcontractor to provide labor, materials or equipment on project: Authority to enter into; procedure for awarding subcontracts of certain estimated value; substitution of subcontractor on such subcontracts; availability of certain information to applicants and public.

If a public body enters into a contract with a construction manager at risk for the construction of a public work pursuant to NRS 338.1696 , the construction manager at risk may enter into a subcontract for the provision of labor, materials and equipment necessary for the construction of the public work only as provided in this section.
The provisions of this section apply only to a subcontract for which the estimated value is at least 1 percent of the total cost of the public work or $50,000, whichever is greater.
After the design and schedule for the construction of the public work is sufficiently detailed and complete to allow a subcontractor to submit a meaningful and responsive proposal, and not later than 21 days before the date by which a proposal for the provision of labor, materials or equipment by a subcontractor must be submitted, the construction manager at risk shall notify in writing each subcontractor who was determined pursuant to NRS 338.16991 to be qualified to submit such a proposal of a request for such proposals and shall provide to each such subcontractor a form prepared by the construction manager at risk and approved by the public body on which any proposal in response to the request for proposals must be submitted. A copy of the notice required pursuant to this subsection must be provided to the public body.
The notice required pursuant to subsection 3 must include, without limitation:

(a) A description of the design for the public work and a statement indicating where a copy of the documents relating to that design may be obtained;

(b) A description of the type and scope of labor, equipment and materials for which subcontractor proposals are being sought;

(d) If a preproposal meeting regarding the scope of the work to be performed by the subcontractor is to be held, the date, time and place at which the preproposal meeting will be held;

(e) The date and time by which proposals must be received, and to whom they must be submitted;

(f) The date, time and place at which proposals will be opened for evaluation;

(g) A description of the bonding and insurance requirements for subcontractors;

(h) Any other information reasonably necessary for a subcontractor to submit a responsive proposal; and

(i) A statement in substantially the following form:

Notice: For a proposal for a subcontract on the public work to be considered:

The subcontractor must be licensed pursuant to chapter 624 of NRS;
The proposal must be submitted on the form provided by the construction manager at risk and be timely received;
If a preproposal meeting regarding the scope of the work to be performed by the subcontractor is held, the subcontractor must attend the preproposal meeting; and
The subcontractor may not modify the proposal after the date and time the proposal is received.
A subcontractor may not modify a proposal after the date and time the proposal is received.
To be considered responsive, a proposal must:

(a) Be submitted on the form provided by the construction manager at risk pursuant to subsection 3;

(b) Be timely received by the construction manager at risk; and

(c) Substantially and materially conform to the details and requirements included in the proposal instructions and for the finalized bid package for the public work, including, without limitation, details and requirements affecting price and performance.

The opening of the proposals must be attended by an authorized representative of the public body. The public body may require the architect or engineer responsible for the design of the public work to attend the opening of the proposals. The opening of the proposals is not otherwise open to the public.
At the time the proposals are opened, the construction manager at risk shall compile and provide to the public body or its authorized representative a list that includes, without limitation, the name and contact information of each subcontractor who submits a timely proposal.
Not more than 10 working days after opening the proposals and before the construction manager at risk submits a guaranteed maximum price, a fixed price or a fixed price plus reimbursement pursuant to NRS 338.1696 , the construction manager at risk shall:

(a) Evaluate the proposals and determine which proposals are responsive.

(b) Select the subcontractor who submits the proposal that the construction manager at risk determines is the best proposal. Subject to the provisions of subparagraphs (1), (2) and (3), if only one subcontractor submits a proposal, the construction manager at risk may select that subcontractor. The subcontractor must be selected from among those:

(1) Who attended the preproposal meeting regarding the scope of the work to be performed by the subcontractor, if such a preproposal meeting was held;

(2) Who submitted a responsive proposal; and

(3) Whose names are included on the list compiled and provided to the public body or its authorized representative pursuant to subsection 8.

The public body or its authorized representative shall ensure that the evaluation of proposals and selection of subcontractors are done pursuant to the provisions of this section and regulations adopted by the State Public Works Board.
A subcontractor selected pursuant to subsection 9 need not be selected by the construction manager at risk solely on the basis of lowest price.
Except as otherwise provided in subsections 13 and 15, the construction manager at risk shall enter into a subcontract with a subcontractor selected pursuant to subsection 9 to provide the labor, materials or equipment described in the request for proposals.
A construction manager at risk shall not substitute a subcontractor for any subcontractor selected pursuant to subsection 9 unless:

(a) The public body or its authorized representative objects to the subcontractor, requests in writing a change in the subcontractor and pays any increase in costs resulting from the change; or

(b) The substitution is approved by the public body after the selected subcontractor:

(1) Files for bankruptcy or becomes insolvent;

(2) After having a reasonable opportunity, fails or refuses to execute a written contract with the construction manager at risk which was offered to the selected subcontractor with the same general terms that all other subcontractors on the project were offered;

(3) Fails or refuses to perform the subcontract within a reasonable time;

(4) Is unable to furnish a performance bond and payment bond pursuant to NRS 339.025 , if required for the public work; or

(5) Is not properly licensed to provide that labor or portion of the work.

If a construction manager at risk substitutes a subcontractor for any subcontractor selected pursuant to subsection 9 without complying with the provisions of subsection 13, the construction manager at risk shall forfeit, as a penalty to the public body, an amount equal to 1 percent of the total amount of the contract.
If a construction manager at risk does not select a subcontractor pursuant to subsection 9 to perform a portion of work on a public work, the construction manager at risk shall notify the public body that the construction manager at risk intends to perform that portion of work. If, after providing such notification, the construction manager at risk substitutes a subcontractor to perform the work, the construction manager at risk shall forfeit, as a penalty to the public body, the lesser of, and excluding any amount of the contract that is attributable to change orders:

(a) An amount equal to 2.5 percent of the total amount of the contract; or

(b) An amount equal to 35 percent of the estimate by the engineer of the cost of the work the construction manager at risk selected himself or herself to perform on the public work.

The construction manager at risk shall make available to the public the name of each subcontractor who submits a proposal.
If a public work is being constructed in phases, and a construction manager at risk selects a subcontractor pursuant to subsection 9 for the provision of labor, materials or equipment for any phase of that construction, the construction manager at risk may select that subcontractor for the provision of labor, materials or equipment for any other phase of the construction without following the requirements of subsections 3 to 11, inclusive.
As used in this section, general terms has the meaning ascribed to it in NRS 338.141 .

(Added to NRS by 2011, 3682 ; A 2013, 2980 ; R 2013, 2986 ; A 2017, 4031 ; R 2017, 4035 ; A 2021, 736 , 2218 )

CONTRACTS INVOLVING DESIGN-BUILD TEAMS, PRIME CONTRACTORS OR NONPROFIT ORGANIZATIONS

General Provisions

NRS 338.1711

NRS

338.1711

Contracts for which public body is required or authorized to enter into with prime contractor or design-build team.

Except as otherwise provided in this section and NRS 338.158 to 338.16995 , inclusive, a public body shall contract with a prime contractor for the construction of a public work for which the estimated cost exceeds $100,000.
A public body may contract with a design-build team for the design and construction of a public work that is a discrete project if the public body has approved the use of a design-build team for the design and construction of the public work and the public work has an estimated cost which exceeds $5,000,000.

(Added to NRS by 1999, 3467 ; A 2001, 2013 , 2022 ,

2275 ;

2003, 119 , 157 ,

2025 ,

2439 ;

2005, 1808 ; 2007, 2903 ; 2011, 3698 ; 2013, 2983 ; 2017, 3206 , 4034 ;

2019, 1580 ; 2021, 736 , 2218 )

NRS 338.1717

NRS

338.1717

Employment of architect, general contractor, construction manager as agent, landscape architect or engineer as consultant.

A public body may employ a registered architect, general contractor, construction manager as agent, landscape architect or licensed professional engineer as a consultant to assist the public body in overseeing the construction of a public work. An architect, general contractor, construction manager as agent, landscape architect or engineer so employed shall not:

Construct the public work; or
Assume overall responsibility for ensuring that the construction of the public work is completed in a satisfactory manner.

(Added to NRS by 1999, 3472 ; A 2001, 2022 ; 2003, 119 , 2441 ;

2007, 2903 )

NRS 338.1718

NRS

338.1718

Contract with construction manager as agent.

A construction manager as agent:

(a) Must:

(1) Be a contractor licensed pursuant to chapter 624 of NRS;

(2) Hold a certificate of registration to practice architecture, interior design or residential design pursuant to chapter 623 of NRS; or

(3) Be licensed as a professional engineer pursuant to chapter 625 of NRS.

(b) May enter into a contract with a public body to assist in the planning, scheduling and management of the construction of a public work without assuming any responsibility for the cost, quality or timely completion of the construction of the public work. A construction manager as agent who enters into a contract with a public body pursuant to this section may not:

(1) Take part in the design or construction of the public work; or

(2) Act as an agent of the public body to select a subcontractor if the work to be performed by the subcontractor is part of a larger public work.

Except as otherwise provided in subsection 3, the selection of a construction manager as agent to perform services pursuant to subsection 1 must be made on the basis of the competence and qualifications of the construction manager as agent for the type of services to be performed and not on the basis of competitive fees. If, after selection of the construction manager as agent, an agreement upon a fair and reasonable fee cannot be reached with him or her, the public body may terminate negotiations and select another construction manager as agent. Except as otherwise provided in this subsection, in assigning the relative weight to each factor for selecting a construction manager as agent pursuant to this subsection, the public body shall assign, without limitation, a relative weight of 5 percent to the possession of a certificate of eligibility to receive a preference when competing for public works. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this subsection relating to a preference when competing for public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that public work.
The provisions of subsection 2 do not apply to a contract between a public body and a construction manager as agent to perform services for a public work for which the estimated cost is $100,000 or less.

(Added to NRS by 2007, 2895 ; A 2011, 3698 ; 2021, 2217 )

Procedures for Awarding Contracts to Design-Build Teams

NRS 338.1721

NRS

338.1721

Qualifications of design-build team.

To qualify to participate in a project for the design and construction of a public work, a design-build team must:

Have the ability to obtain a performance bond and payment bond as required pursuant to NRS 339.025 ;
Have the ability to obtain insurance covering general liability and liability for errors and omissions;
Not have been found liable for breach of contract with respect to a previous project, other than a breach for legitimate cause, during the 5 years immediately preceding the date of the advertisement for preliminary proposals;
Not have been disqualified from being awarded a contract pursuant to NRS 338.017 ,

338.13895 , 338.1475 or 408.333 ;

Ensure that the members of the design-build team possess the licenses and certificates required to carry out the functions of their respective professions within this State; and
If the project is for the design and construction of a public work of the State, ensure that the prime contractor is qualified to bid on a public work of the State pursuant to NRS 338.1379 .

(Added to NRS by 1999, 3470 ; A 2001, 252 , 2022 ;

2003, 119 , 2131 ;

2005, 1810 )

NRS 338.1723

NRS

338.1723

Advertisement for preliminary proposals.

A public body shall advertise for preliminary proposals for the design and construction of a public work by a design-build team. The advertisement must be published:

(a) In a newspaper qualified pursuant to chapter 238 of NRS that is published in the county where the public work will be performed at least once and not less than 7 days before the opening of bids; and

(b) On the Internet website of the public body, if the public body maintains an Internet website, every day for not less than 7 days before the opening of bids.

Ê If no qualified newspaper is published in the county where the public work will be performed, the required advertisement must be published in some qualified newspaper that is printed in the State of Nevada and has a general circulation in the county.

A request for preliminary proposals published pursuant to subsection 1 must include, without limitation:

(a) A description of the public work to be designed and constructed;

(b) An estimate of the cost to design and construct the public work;

(c) The dates on which it is anticipated that the separate phases of the design and construction of the public work will begin and end;

(d) The date by which preliminary proposals must be submitted to the public body;

(e) If the proposal is for a public work of the State, a statement setting forth that the prime contractor must be qualified to bid on a public work of the State pursuant to NRS 338.1379 before submitting a preliminary proposal;

(f) A description of the extent to which designs must be completed for both preliminary and final proposals and any other requirements for the design and construction of the public work that the public body determines to be necessary;

(g) A list of the requirements set forth in NRS 338.1721 ;

(h) A list of the factors and relative weight assigned to each factor that the public body will use to evaluate design-build teams who submit a proposal for the public work;

(i) Notice that a design-build team desiring to submit a proposal for the public work must include with its proposal the information used by the public body to determine finalists among the design-build teams submitting proposals pursuant to subsection 2 of NRS 338.1725 and a description of that information; and

(j) A statement as to whether a design-build team that is selected as a finalist pursuant to NRS 338.1725 but is not awarded the design-build contract pursuant to NRS 338.1727 will be partially reimbursed for the cost of preparing a final proposal and, if so, an estimate of the amount of the partial reimbursement.

(Added to NRS by 1999, 3469 ; A 2001, 252 , 2015 ,

2022 ;

2003, 119 , 2131 ,

2441 ;

2005, 1810 ; 2011, 1864 )

NRS 338.1725

NRS

338.1725

Selection of finalists based on preliminary proposals; minimum number of proposals required; availability to public of certain information.

The public body shall select at least two but not more than four finalists from among the design-build teams that submitted preliminary proposals. If the public body does not receive at least two preliminary proposals from design-build teams that the public body determines to be qualified pursuant to this section and NRS 338.1721 , the public body may not contract with a design-build team for the design and construction of the public work.
The public body shall select finalists pursuant to subsection 1 by:

(a) Verifying that each design-build team which submitted a preliminary proposal satisfies the requirements of NRS 338.1721 ;

(b) Conducting an evaluation of the qualifications of each design-build team that submitted a preliminary proposal, including, without limitation, an evaluation of:

(1) The professional qualifications and experience of the members of the design-build team;

(2) The performance history of the members of the design-build team concerning other recent, similar projects completed by those members, if any;

(3) The safety programs established and the safety records accumulated by the members of the design-build team; and

(4) The proposed plan of the design-build team to manage the design and construction of the public work that sets forth in detail the ability of the design-build team to design and construct the public work; and

(c) Except as otherwise provided in this paragraph, assigning, without limitation, a relative weight of 5 percent to the possession of both a certificate of eligibility to receive a preference in bidding on public works by all contractors on the design-build team and a certificate of eligibility to receive a preference when competing for public works by all design professionals on the design-build team. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this paragraph relating to a preference in bidding on public works or a preference when competing for public works, those provisions of this paragraph do not apply insofar as their application would preclude or reduce federal assistance for that public work.

After the selection of finalists pursuant to this section, the public body shall make available to the public the results of the evaluations of preliminary proposals conducted pursuant to paragraph (b) of subsection 2 and identify which of the finalists, if any, received an assignment of 5 percent pursuant to paragraph (c) of subsection 2.

(Added to NRS by 1999, 3470 ; A 2001, 2016 , 2022 ;

2003, 119 ; 2005, 1811 ; 2011, 3699 )

NRS 338.1727

NRS

338.1727

Request for and submission of final proposals; selection or rejection of final proposals; awarding of contract; partial reimbursement of unsuccessful finalists in certain circumstances; contents of contract; availability to public of certain information.

After selecting the finalists pursuant to NRS 338.1725 , the public body shall provide to each finalist a request for final proposals for the public work. The request for final proposals must:

(a) Set forth the factors that the public body will use to select a design-build team to design and construct the public work, including the relative weight to be assigned to each factor; and

(b) Set forth the date by which final proposals must be submitted to the public body.

If one or more of the finalists selected pursuant to NRS 338.1725 is disqualified or withdraws, the public body may select a design-build team from the remaining finalist or finalists.
Except as otherwise provided in this subsection, in assigning the relative weight to each factor for selecting a design-build team pursuant to subsection 1, the public body shall assign, without limitation, a relative weight of 5 percent to the possession of both a certificate of eligibility to receive a preference in bidding on public works by all contractors on the design-build team if the contractors submit signed affidavits that meet the requirements of subsection 1 of NRS 338.0117 , and a certificate of eligibility to receive a preference when competing for public works by all design professionals on the design-build team, and a relative weight of at least 30 percent to the proposed cost of design and construction of the public work. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this subsection relating to a preference in bidding on public works, or a preference when competing for public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that public work.
A final proposal submitted by a design-build team pursuant to this section must be prepared thoroughly and be responsive to the criteria that the public body will use to select a design-build team to design and construct the public work described in subsection 1. A design-build team that submits a final proposal which is not responsive shall not be awarded the contract and shall not be eligible for the partial reimbursement of costs provided for in subsection 7.
A final proposal is exempt from the requirements of NRS 338.141 .
After receiving and evaluating the final proposals for the public work, the public body or its authorized representative shall enter into negotiations with the most qualified applicant, as determined pursuant to the criteria set forth pursuant to subsections 1 and 3, and award the design-build contract to the design-build team whose proposal is selected. If the public body or its authorized representative is unable to negotiate with the most qualified applicant a contract that is determined by the parties to be fair and reasonable, the public body may terminate negotiations with that applicant. The public body or its authorized representative may then undertake negotiations with the next most qualified applicant in sequence until an agreement is reached and, if the negotiation is undertaken by an authorized representative of the public body, approved by the public body or until a determination is made by the public body to reject all applicants.
If a public body selects a final proposal and awards a design-build contract pursuant to subsection 6, the public body shall:

(a) Partially reimburse the unsuccessful finalists if partial reimbursement was provided for in the request for preliminary proposals pursuant to paragraph (j) of subsection 2 of NRS 338.1723 . The amount of reimbursement must not exceed, for each unsuccessful finalist, 3 percent of the total amount to be paid to the design-build team as set forth in the design-build contract.

(b) Make available to the public the results of the evaluation of final proposals that was conducted and the ranking of the design-build teams who submitted final proposals. The public body shall not release to a third party, or otherwise make public, financial or proprietary information submitted by a design-build team.

A contract awarded pursuant to this section:

(a) Must comply with the provisions of NRS 338.020 to 338.090 , inclusive.

(b) Must specify:

(1) An amount that is the maximum amount that the public body will pay for the performance of all the work required by the contract, excluding any amount related to costs that may be incurred as a result of unexpected conditions or occurrences as authorized by the contract;

(2) An amount that is the maximum amount that the public body will pay for the performance of the professional services required by the contract; and

(3) A date by which performance of the work required by the contract must be completed.

(c) May set forth the terms by which the design-build team agrees to name the public body, at the cost of the public body, as an additional insured in an insurance policy held by the design-build team.

(d) Except as otherwise provided in paragraph (e), must not require the design professional to defend, indemnify or hold harmless the public body or the employees, officers or agents of that public body from any liability, damage, loss, claim, action or proceeding caused by the negligence, errors, omissions, recklessness or intentional misconduct of the employees, officers and agents of the public body.

(e) May require the design-build team to defend, indemnify and hold harmless the public body, and the employees, officers and agents of the public body from any liabilities, damages, losses, claims, actions or proceedings, including, without limitation, reasonable attorneys fees, that are caused by the negligence, errors, omissions, recklessness or intentional misconduct of the design-build team or the employees or agents of the design-build team in the performance of the contract.

(f) Must require that the design-build team to whom a contract is awarded assume overall responsibility for ensuring that the design and construction of the public work is completed in a satisfactory manner.

Upon award of the design-build contract, the public body shall make available to the public copies of all preliminary and final proposals received.

(Added to NRS by 1999, 3471 ; A 2001, 1272 , 2017 ,

2022 ;

2003, 33 , 119 ,

2027 ,

2132 ,

2442 ;

2005, 1812 ; 2011, 51 , 3699 ,

3701 )

PREFERENCE WHEN COMPETING FOR PUBLIC WORKS

NRS 338.185

NRS

338.185

Public body to reimburse contractor for certain costs of locating underground facility of public utility.

If a public body directs a contractor to locate the facility of a public utility placed underground on the site of a public work, the public body shall reimburse the contractor for the difference between the costs incurred in finding the actual location of the facility and the costs of finding the reputed location of the facility.

(Added to NRS by 1987, 1042 )

Energy and Environmental Design Requirements

NRS 338.485

NRS

338.485

Waiver or modification of right, obligation or liability set forth in

NRS 338.400

338.645

, inclusive, prohibited; certain conditions, stipulations or provisions of contract void and unenforceable.

A person may not waive or modify a right, obligation or liability set forth in the provisions of NRS 338.400 to 338.645 , inclusive.
A condition, stipulation or provision in a contract or other agreement that:

(a) Requires a person to waive a right set forth in the provisions of NRS 338.400 to 338.645 , inclusive;

(b) Relieves a person of an obligation or liability imposed by the provisions of NRS 338.400 to 338.645 , inclusive;

(c) Requires a contractor to waive, release or extinguish a claim or right for damages or an extension of time that the contractor may otherwise possess or acquire as a result of a delay that is:

(1) So unreasonable in length as to amount to an abandonment of the public work;

(2) Caused by fraud, misrepresentation, concealment or other bad faith by the public body;

(3) Caused by active interference by the public body; or

(4) Caused by a decision by the public body to significantly add to the scope or duration of the public work; or

(d) Requires a contractor or public body to be responsible for any consequential damages suffered or incurred by the other party that arise from or relate to a contract for a public work, including, without limitation, rental expenses or other damages resulting from a loss of use or availability of the public work, lost income, lost profit, lost financing or opportunity, business or reputation, and loss of management or employee availability, productivity, opportunity or services,

Ê is against public policy and is void and unenforceable.

The provisions of subsection 2 do not prohibit the use of a liquidated damages clause which otherwise satisfies the requirements of law.

(Added to NRS by 1999, 1990 ; A 2011, 3703 )

NRS 338.490

NRS

338.490

Limitations on requiring release or waiver of right to receive progress payment or retainage payment.

Any release or waiver required to be provided by a contractor, subcontractor or supplier to receive a progress payment or retainage payment must be:

Conditional for the purpose of receiving payment and shall be deemed to become unconditional upon the receipt of the money due to the contractor, subcontractor or supplier; and
Limited to claims related to the invoiced amount of the labor, materials, equipment or supplies that are the subject of the progress bill or retainage bill.

(Added to NRS by 1999, 1989 )

Payments Made by Public Body to Contractor

NRS 338.515

NRS

338.515

Time for making payments; amounts paid; amounts withheld as retainage; rate of interest paid on amounts withheld; powers of Labor Commissioner when worker is owed wages.

Except as otherwise provided in NRS 338.525 , a public body and its officers or agents awarding a contract for a public work shall pay or cause to be paid to a contractor the progress payments due under the contract within 30 days after the date the public body receives the progress bill or within a shorter period if the provisions of the contract so provide. Ninety-five percent of the amount of any progress payment must be paid and 5 percent withheld as retainage until 50 percent of the work required by the contract has been performed.
After 50 percent of the work required by the contract has been performed, the public body may pay to the contractor:

(a) Any of the remaining progress payments without withholding additional retainage; and

(b) Any amount of any retainage that was withheld from progress payments pursuant to subsection 1,

Ê if, in the opinion of the public body, satisfactory progress is being made in the work.

After determining in accordance with subsection 2 whether satisfactory progress is being made in the work, the public body may pay to the contractor an amount of any retainage that was withheld from progress payments pursuant to subsection 1 if:

(a) A subcontractor has performed a portion of the work;

(b) The contractor has determined that satisfactory progress is being made in the work under the subcontract with the subcontractor pursuant to NRS 338.555 ;

(c) The public body determines that the portion of the work has been completed in compliance with all applicable plans and specifications;

(d) The subcontractor submits to the contractor:

(1) A release of the subcontractors claim for a mechanics lien for the portion of the work; and

(2) From each of the subcontractors subcontractors and suppliers who performed work or provided material for the portion of the work, a release of his or her claim for a mechanics lien for the portion of the work; and

(e) The amount of the retainage which the public body pays is in proportion to the portion of the work which the subcontractor has performed.

If, after determining in accordance with subsection 2 whether satisfactory progress is being made in the work, the public body continues to withhold retainage from remaining progress payments:

(a) If the public body does not withhold any amount pursuant to NRS 338.525 :

(1) The public body may not withhold more than 2.5 percent of the amount of any progress payment; and

(2) Before withholding any amount pursuant to subparagraph (1), the public body must pay to the contractor 50 percent of the amount of any retainage that was withheld from progress payments pursuant to subsection 1; or

(b) If the public body withholds any amount pursuant to NRS 338.525 :

(1) The public body may not withhold more than 5 percent of the amount of any progress payment; and

(2) The public body may continue to retain the amount of any retainage that was withheld from progress payments pursuant to subsection 1.

Except as otherwise provided in NRS 338.525 , a public body shall identify in the contract and pay or cause to be paid to a contractor the actual cost of the supplies, materials and equipment that:

(a) Are identified in the contract;

(b) Have been delivered and stored at a location, and in the time and manner, specified in a contract by the contractor or a subcontractor or supplier for use in a public work; and

Ê within 30 days after the public body receives a progress bill from the contractor for those supplies, materials or equipment.

A public body shall pay or cause to be paid to the contractor at the end of each quarter interest for the quarter on any amount withheld by the public body pursuant to NRS 338.400 to 338.645 , inclusive, at a rate equal to the rate quoted by at least three insured banks, credit unions, savings and loan associations or savings banks in this State as the highest rate paid on a certificate of deposit whose duration is approximately 90 days on the first day of the quarter. If the amount due to a contractor pursuant to this subsection for any quarter is less than $500, the public body may hold the interest until:

(a) The end of a subsequent quarter after which the amount of interest due is $500 or more;

(b) The end of the fourth consecutive quarter for which no interest has been paid to the contractor; or

Ê whichever occurs first.

If the Labor Commissioner has reason to believe that a worker is owed wages by a contractor or subcontractor, the Labor Commissioner may require the public body to withhold from any payment due the contractor under this section and pay the Labor Commissioner instead, an amount equal to the amount the Labor Commissioner believes the contractor owes to the worker. This amount must be paid by the Labor Commissioner to the worker if the matter is resolved in the workers favor; otherwise it must be returned to the public body for payment to the contractor.

(Added to NRS by 1973, 1159 ; A 1977, 1035 ; 1981, 552 ; 1983, 1591 ; 1985, 491 ; 1999, 1992 ; 2003, 799 , 2448 ;

2007, 2512 ; 2011, 1619 ; 2015, 2621 , 2628 )

NRS 338.520

NRS

338.520

Payment of outstanding balance upon occupancy, use or recording of notice of completion.

Except with respect to any payment withheld pursuant to NRS 338.525 , if:

A public body or a person acting with the authority of the public body occupies or begins use of a public work or a portion of a public work;
A notice of completion for a public work or a portion of a public work is recorded as provided in NRS 108.228 ; or
A public body partially occupies one or more buildings of a public work,

Ê the public body shall pay or cause to be paid to the contractor any outstanding payment due, including, without limitation, retainage, and any interest accrued thereon within 30 days after whichever event described in subsection 1, 2 or 3 occurs first. The amount paid must be in the proportion that the value of the portion of the public work which is used or occupied bears to the total value of the public work.

(Added to NRS by 1999, 1984 )

NRS 338.525

NRS

338.525

Withholding amounts for failure of contractor to comply with contract or applicable building code, law or regulation; payment of amounts withheld upon confirmation of correction of condition.

Except as otherwise provided in NRS 338.515 , a public body may, but is not required to, withhold from a progress payment or retainage payment an amount sufficient to pay the expenses the public body reasonably expects to incur as a result of the failure of the contractor to comply with the contract or applicable building code, law or regulation.
A public body shall, within 20 days after it receives a progress bill or retainage bill from a contractor, give a written notice to the contractor of any amount that will be withheld pursuant to this section. The written notice must set forth:

(a) The amount of the progress payment or retainage payment that will be withheld from the contractor; and

(b) A detailed explanation of the reason the public body will withhold that amount, including, without limitation, a specific reference to the provision or section of the contract, or any documents related thereto, or the applicable building code, law or regulation with which the contractor has failed to comply.

Ê The written notice must be signed by an authorized agent of the public body.

If the public body receives a written notice of the correction of the condition that is the reason for the withholding, signed by an authorized agent of the contractor, the public body shall, after confirming that the condition has been corrected, pay the amount withheld by the public body within 30 days after the public body receives the next progress bill or retainage bill.

(Added to NRS by 1999, 1984 ; A 2005, 1814 ; 2013, 3807 ; 2015, 2628 )

NRS 338.530

NRS

338.530

Payment of interest on amounts withheld improperly.

If a public body receives:

(a) A progress bill or retainage bill, fails to give a contractor a written notice of any withholding in the manner set forth in subsection 2 of NRS 338.525 , and does not pay the contractor within 30 days after receiving the progress bill or retainage bill; or

(b) A contractors written notice of the correction of a condition set forth pursuant to subsection 2 of NRS 338.525 as the reason for the withholding, signed by an authorized agent of the contractor, and fails to:

(1) Pay the amount of the progress payment or retainage payment that was withheld from the contractor within 30 days after the public body receives the next progress bill or retainage bill; or

(2) Object to the scope and manner of the correction, within 30 days after the public body receives the notice of correction, in a written statement that sets forth the reason for the objection and is signed by an authorized agent of the public body,

Ê the public body shall pay to the contractor, in addition to the entire amount of the progress bill or retainage bill or any unpaid portion thereof, interest from the 30th day on the amount delayed, at a rate equal to the amount provided for in subsection 6 of NRS 338.515 , until payment is made to the contractor.

If the public body objects pursuant to subparagraph (2) of paragraph (b) of subsection 1, it shall pay to the contractor an amount equal to the value of the corrections to which the public body does not object.

(Added to NRS by 1999, 1985 ; A 2011, 1621 ; 2015, 2628 )

NRS 338.535

NRS

338.535

Public body to provide notice concerning progress payments and retainage payments to certain subcontractors and suppliers.

Within 5 working days after a public body receives a written request from a subcontractor or supplier of the contractor with respect to a contract which has not been fully performed, the public body shall notify the subcontractor or supplier in writing of the following:

The date the public body made a specified progress payment or retainage payment to a contractor;
Whether the public body has paid the entire amount of a specified progress payment or retainage payment to the contractor; and
The amount withheld by the public body from a specified progress payment or retainage payment to the contractor, if any.

(Added to NRS by 1999, 1985 )

Payments Made by Contractor to Subcontractors and Suppliers

NRS 338.550

NRS

338.550

Time for making payments; amounts paid.

Except as otherwise provided in NRS 338.555 , 338.560 and 338.565 :

Each contractor shall disburse money paid to the contractor pursuant to this chapter, including any interest which the contractor receives, to his or her subcontractors and suppliers within 10 days after the contractor receives the money, in direct proportion to the subcontractors and suppliers basis in the progress bill or retainage bill and any accrued interest thereon.
A contractor shall make payments to his or her subcontractor or supplier in an amount equal to that subcontractors or suppliers basis in the payments paid by the public body to the contractor for the supplies, material and equipment identified in the contract between the contractor and the public body, or between the subcontractor or supplier and the contractor, within 10 days after the contractor has received a progress payment or retainage payment from the public body for those supplies, materials and equipment.

(Added to NRS by 1987, 559 ; A 1999, 1993 )

NRS 338.555

NRS

338.555

Amounts withheld as retainage; payment of interest.

If a public body and a contractor enter into a contract for a public work, the contractor may withhold as retainage not more than 5 percent from the amount of any progress payment due under a subcontract which is made before 50 percent of the work has been completed under the subcontract.
After 50 percent of the work required by the contract has been performed, the contractor shall pay any additional progress payments due under the subcontract without withholding any additional retainage if, in the opinion of the contractor, satisfactory progress is being made in the work under the subcontract, and the payment must be equal to that paid by the public body to the contractor for the work performed by the subcontractor. If the contractor continues to withhold retainage from remaining progress payments:

(a) If the contractor does not withhold any amount pursuant to NRS 338.560 :

(1) The contractor may not withhold more than 2.5 percent of the amount of any progress payment; and

(2) Before withholding any amount pursuant to subparagraph (1), the contractor must pay to the subcontractor 50 percent of the amount of any retainage that was withheld from progress payments pursuant to subsection 1; or

(b) If the contractor withholds any amount pursuant to NRS 338.560 :

(1) The contractor may not withhold more than 5 percent of the amount of any progress payment; and

(2) The contractor may continue to retain the amount of any retainage that was withheld from progress payments pursuant to subsection 1.

If the contractor receives a payment of interest earned on the retainage or an amount withheld from a progress payment, the contractor shall, within 10 days after he or she receives the money, pay to each subcontractor or supplier that portion of the interest received from the public body which is attributable to the retainage or amount withheld from a progress payment by the contractor to the subcontractor or supplier.
If, pursuant to subsection 3 of NRS 338.515 , the public body pays to the contractor an amount of any retainage that was withheld from progress payments pursuant to subsection 1 of NRS 338.515

for the portion of the work which has been performed by the subcontractor, the contractor must pay to the subcontractor the portion of any retainage withheld by the contractor pursuant to this section for the portion of the work.

(Added to NRS by 1973, 1160 ; A 1981, 553 ; 1983, 1592 ; 1999, 1994 ; 2011, 1622 ; 2015, 2628 )

NRS 338.560

NRS

338.560

Withholding amounts for failure of subcontractor or supplier to comply with subcontract or applicable building code, law or regulation or for claim for wages against subcontractor; payment of amounts withheld upon correction of condition.

Except as otherwise provided in subsection 2 of NRS 338.555 , a contractor may withhold from a progress payment or retainage payment an amount sufficient to pay:

(a) The expenses the contractor reasonably expects to incur as a result of the failure of his or her subcontractor or supplier to comply with the subcontract or applicable building code, law or regulation.

(b) An amount withheld from payment to the contractor by a public body pursuant to subsection 7 of NRS 338.515 for a claim for wages against the subcontractor.

A contractor shall, within 10 days after the contractor receives:

(a) A progress payment or retainage payment from the public body for an amount that is less than the amount set forth in the applicable progress bill or retainage bill; or

(b) A progress bill or retainage bill from his or her subcontractor or supplier,

Ê give a written notice to his or her subcontractor or supplier of any amount that will be withheld pursuant to this section.

The written notice must:

(a) Set forth:

(1) The amount of the progress payment or retainage payment that will be withheld from his or her subcontractor or supplier; and

(2) A detailed explanation of the reason the contractor will withhold that amount, including, without limitation, a specific reference to the provision or section of the subcontract, or documents related thereto, or applicable building code, law or regulation with which his or her subcontractor or supplier has failed to comply; and

(b) Be signed by an authorized agent of the contractor.

The contractor shall pay to his or her subcontractor or supplier the amount withheld by the public body or the contractor within 10 days after:

(a) The contractor receives a written notice of the correction of the condition that is the reason for the withholding, signed by an authorized agent of the subcontractor or supplier; or

(b) The public body pays to the contractor the amount withheld,

Ê whichever occurs later.

(Added to NRS by 1999, 1985 ; A 2003, 2448 ; 2011, 1622 ; 2013, 3808 ; 2015, 2628 )

NRS 338.565

NRS

338.565

Payment of interest on amounts withheld improperly.

If a contractor makes payment to a subcontractor or supplier more than 10 days after the occurrence of any of the following acts or omissions:

(a) The contractor fails to pay his or her subcontractor or supplier in accordance with the provisions of subsection 1 of NRS 338.550 ;

(b) The contractor fails to give his or her subcontractor or supplier the written notice of any withholding as required by subsections 2 and 3 of NRS 338.560 ; or

(c) The contractor receives a subcontractors or suppliers written notice of correction of the condition set forth pursuant to subsection 4 of NRS 338.560 as the reason for the withholding, signed by an authorized agent of the subcontractor or supplier, and fails to:

(1) Pay the amount of the progress payment or retainage payment that was withheld from his or her subcontractor or supplier within 10 days after the contractor receives the next progress bill or retainage bill; or

(2) Object to the scope and manner of the correction, within 10 days after receiving the written notice of correction, in a written statement that sets forth the reason for the objection and is signed by an authorized agent of the subcontractor, statement that sets forth the reason for the objection and is accompanied by a notarized affidavit signed by the contractor,

Ê the contractor shall pay to the subcontractor or supplier, in addition to the entire amount of the progress bill or the retainage bill or any unpaid portion thereof, interest from the 10th day on the amount delayed, at a rate equal to the lowest daily prime rate at the three largest banks or other financial institutions of the United States on the date the contract was executed plus 2 percent, until payment is made to the subcontractor or supplier.

If the contractor objects pursuant to subparagraph (2) of paragraph (c) of subsection 1, the contractor shall pay to the subcontractor or supplier an amount that is equal to the value of the corrections to which the contractor does not object.

(Added to NRS by 1999, 1986 )

NRS 338.570

NRS

338.570

Contractor to provide notice concerning progress payments and retainage payments to certain subcontractors and suppliers.

Within 5 working days after a contractor receives a written request from a subcontractor or supplier of his or her subcontractor or supplier with respect to a subcontract which has not been fully performed, the contractor shall notify the subcontractor or supplier of his or her subcontractor or supplier in writing of the following:

The date the contractor made a specified progress payment or retainage payment to his or her subcontractor or supplier;
Whether the contractor has paid the entire amount of a specified progress payment or retainage payment to his or her subcontractor or supplier; and
The amount withheld by the contractor from a specified progress payment or retainage payment to his or her subcontractor or supplier, if any.

(Added to NRS by 1999, 1987 )

Payments Made by Subcontractor to Subcontractors and Suppliers

NRS 338.590

NRS

338.590

Time for making payments; amounts paid.

Except as otherwise provided in NRS 338.595 , 338.600 and 338.605 :

Each subcontractor shall disburse money paid to him or her pursuant to this chapter, including any interest which the subcontractor receives, to his or her subcontractors and suppliers within 10 days after the subcontractor receives the money, in direct proportion to the subcontractors and suppliers basis in the progress bill or retainage bill and any accrued interest thereon.
A subcontractor shall make payments to his or her subcontractor or supplier in an amount equal to that subcontractors or suppliers basis in the payments paid by the contractor to him or her for the supplies, materials and equipment identified in the contract between the contractor and the public body, or in the subcontract between the subcontractor or supplier and the contractor, within 10 days after the subcontractor has received a progress payment or retainage payment from the contractor for those supplies, materials and equipment.

(Added to NRS by 1999, 1987 )

NRS 338.595

NRS

338.595

Amounts withheld as retainage; payment of interest.

If a subcontractor and another subcontractor or supplier enter into a subcontract for a public work, the subcontractor may withhold as retainage not more than 5 percent from the amount of any progress payment due under a subcontract which is made before 50 percent of the work has been completed under the subcontract.
After 50 percent of the work required by the subcontractor or supplier has been performed, the subcontractor shall pay any additional progress payments due under the subcontract without withholding any additional retainage if, in the opinion of the subcontractor, satisfactory progress is being made in the work under the subcontract. The payment must be equal to that paid by the contractor to the subcontractor for the work performed or supplies provided by his or her subcontractor or supplier. If the subcontractor continues to withhold retainage from remaining progress payments:

(a) If the subcontractor does not withhold any amount pursuant to NRS 338.600 :

(1) The subcontractor may not withhold more than 2.5 percent of the amount of any progress payment; and

(2) Before withholding any amount pursuant to subparagraph (1), the subcontractor must pay to the subcontractor or supplier 50 percent of the amount of any retainage that was withheld from progress payments pursuant to subsection 1; or

(b) If the subcontractor withholds any amount pursuant to NRS 338.600 :

(1) The subcontractor may not withhold more than 5 percent of the amount of any progress payment; and

(2) The subcontractor may continue to retain the amount of any retainage that was withheld from progress payments pursuant to subsection 1.

If the subcontractor receives a payment of interest earned on the retainage or an amount withheld from a progress payment, the subcontractor shall, within 10 days after receiving the money, pay to each of his or her subcontractors or suppliers that portion of the interest received from the contractor which is attributable to the retainage or amount withheld from a progress payment by the subcontractor to his or her subcontractor or supplier.
If, pursuant to subsection 4 of NRS 338.555 , the contractor pays to the subcontractor the portion of any retainage withheld by the contractor pursuant to NRS 338.555 for the portion of the work which has been performed by the subcontractor, the subcontractor must pay to the subcontractors subcontractors and suppliers the portion of any retainage withheld by the subcontractor pursuant to this section for the portion of the work.

(Added to NRS by 1999, 1987 ; A 2003, 2449 ; 2011, 1623 ; 2015, 2628 )

NRS 338.600

NRS

338.600

Withholding amounts for failure of subcontractor or supplier to comply with subcontract or applicable building code, law or regulation; payment of amounts withheld upon correction of condition.

Except as otherwise provided in NRS 338.595 , a subcontractor may withhold from a progress payment or retainage payment an amount sufficient to pay the expenses the subcontractor reasonably expects to incur as a result of the failure of his or her subcontractor or supplier to comply with the subcontract or applicable building code, law or regulation.
A subcontractor shall, within 10 days after the subcontractor receives:

(a) A progress payment or retainage payment from a contractor for an amount that is less than the amount set forth in the applicable progress bill or retainage bill; or

(b) A progress bill or retainage bill from his or her subcontractor or supplier,

Ê give a written notice to his or her subcontractor or supplier of any amount that will be withheld pursuant to this section.

The written notice must:

(a) Set forth:

(1) The amount of the progress payment or retainage payment that will be withheld from his or her subcontractor or supplier; and

(2) A detailed explanation of the reason the subcontractor will withhold that amount, including, without limitation, a specific reference to the provision or section of the subcontract, or documents related thereto, or applicable building code, law or regulation with which the subcontractor or supplier has failed to comply; and

(b) Be signed by an authorized agent of the subcontractor.

The subcontractor shall pay to his or her subcontractor or supplier the amount withheld by the public body, contractor or subcontractor within 10 days after:

(a) The subcontractor receives a written notice of the correction of the condition that is the reason for the withholding, signed by an authorized agent of his or her subcontractor or supplier; or

(b) The contractor pays to the subcontractor the amount withheld,

Ê whichever occurs later.

(Added to NRS by 1999, 1988 ; A 2003, 2449 ; 2013, 3808 ; 2015, 2628 )

NRS 338.605

NRS

338.605

Payment of interest on amounts withheld improperly.

If a subcontractor makes payment to his or her subcontractor or supplier more than 10 days after the occurrence of any of the following acts or omissions:

(a) The subcontractor fails to pay his or her subcontractor or supplier in accordance with the provisions of subsection 1 of NRS 338.590 ;

(b) The subcontractor fails to give his or her subcontractor or supplier the written notice of any withholding as required by subsections 2 and 3 of NRS 338.600 ; or

(c) The subcontractor receives a written notice of the correction of a condition set forth pursuant to subsection 4 of NRS 338.600 as the reason for the withholding from his or her subcontractor or supplier, signed by an authorized agent of the subcontractor or supplier, and fails to:

(1) Pay the amount of the progress payment or retainage payment that was withheld from his or her subcontractor or supplier within 10 days after the subcontractor receives the subcontractors or suppliers next progress bill or retainage bill; or

Ê the subcontractor shall pay to his or her subcontractor or supplier, in addition to the entire amount of the progress bill or the retainage bill or any unpaid portion thereof, interest from the 10th day on the amount delayed, at a rate equal to the lowest daily prime rate at the three largest banks or other financial institutions of the United States on the date the contract was executed plus 2 percent, until payment is made to his or her subcontractor or supplier.

If the subcontractor objects pursuant to subparagraph (2) of paragraph (c) of subsection 1, the subcontractor shall pay to his or her subcontractor or supplier an amount that is equal to the value of the corrections to which the subcontractor does not object.

(Added to NRS by 1999, 1988 )

NRS 338.610

NRS

338.610

Subcontractor to provide notice concerning progress payments and retainage payments to certain subcontractors and suppliers.

Within 5 working days after a subcontractor receives a written request from a subcontractor or supplier of his or her subcontractor or supplier with respect to a subcontract which has not been fully performed, he or she shall notify the subcontractor or supplier of his or her subcontractor or supplier in writing of the following:

The date the subcontractor made a specified progress payment or retainage payment to his or her subcontractor or supplier;
Whether the subcontractor has paid the entire amount of a specified progress payment or retainage payment to his or her subcontractor or supplier; and
The amount withheld by the subcontractor from a specified progress payment or retainage payment to his or her subcontractor or supplier, if any.

(Added to NRS by 1999, 1989 )

Remedies

NRS 338.630

NRS

338.630

Action by contractor for alternate writ of mandamus to compel performance by public body.

A contractor who believes that the public body has failed to perform a duty to:

(a) Make a payment;

(b) Provide written notice of any withholding; or

(c) Provide information upon request relating to any payment with respect to a contract which has not been fully performed,

Ê pursuant to one or more of the provisions of NRS 338.515

to 338.535 , inclusive, in a timely manner may apply to the district court of the county in which the public work or a part thereof is located for an alternate writ of mandamus pursuant to NRS 34.150 to 34.310 , inclusive, to require the public body to perform the duty required pursuant to such a provision.

The provisions of this section do not prevent a public body from including a provision governing the payment of attorneys fees in a contract into which it enters with a contractor for a public work.

(Added to NRS by 1999, 1989 )

NRS 338.635

NRS

338.635

Action by subcontractor or supplier to remedy unjustified or excessive withholding.

A subcontractor or supplier who believes that the amount withheld by the contractor or subcontractor is not justified or is excessive may apply to the district court of the county where the public work or a part thereof is located for an order directing the contractor or subcontractor to appear before the court to show cause why the relief requested should not be granted.
The motion must:

(a) Set forth the grounds upon which relief is requested; and

(b) Be accompanied by a notarized affidavit signed by the petitioner or his or her attorney that sets forth the facts upon which the motion is based.

If the court orders a hearing based upon the motion, the petitioner shall serve the notice of the motion and the order of the court on the respondent within 3 days after the court issues the order. The court shall conduct the hearing not less than 10 days and not more than 20 days after the court issues the order for a hearing.
The order for a hearing must include a statement that, if the respondent fails to appear at the time and place of the hearing, the court will order the respondent to pay to the petitioner:

(a) The entire amount that was withheld by the respondent, or a portion thereof;

(b) Interest on the amount that was withheld by the respondent, or a portion thereof;

(d) Any combination of paragraphs (a), (b) and (c).

If, when the motion is filed, there is a civil action pending between the petitioner and the respondent, the motion must be consolidated into the civil action.
If the court determines that:

(a) The amount withheld is not justified, the court shall order the respondent to pay to the petitioner the amount that was withheld.

(b) The amount withheld is excessive, the court shall order the respondent to pay to the petitioner an amount determined by the court.

(c) The amount withheld is justified, the court shall issue an order approving the amount that was withheld by the respondent.

The proceedings conducted pursuant to the provisions of this section do not affect any other rights or remedies provided by law or contract.

(Added to NRS by 1999, 1990 )

NRS 338.640

NRS

338.640

Award of reasonable costs and attorneys fees to prevailing party.

The court or arbitrator shall award to a contractor, subcontractor or supplier who is the prevailing party in a civil action or an arbitration proceeding to recover an amount that was required to be paid to him or her pursuant to the provisions of NRS 338.400 to 338.645 , inclusive, his or her reasonable costs and attorneys fees.
The provisions of NRS 338.400 to 338.645 , inclusive, do not prevent a public body from including a provision governing attorneys fees in a contract for a public work.

(Added to NRS by 1999, 1991 )

NRS 338.645

NRS

338.645

Other rights and remedies not affected.

The provisions of NRS 338.400 to 338.645 , inclusive, do not impair or affect the rights of a contractor, subcontractor or supplier to whom any amount may be owed for work performed or materials, equipment or supplies furnished to maintain a civil action or to submit any controversy arising under the contract to arbitration to recover that amount.

(Added to NRS by 1999, 1991 )

NRS 339.015

NRS

339.015

Definitions.

As used in this chapter:

Claimant includes a natural person, firm, partnership, association or corporation.
Contracting body means the State, county, city, town, school district, or any public agency of the State or its political subdivisions which has authority to contract for the construction, alteration or repair of any public building or other public work or public improvement.

(Added to NRS by 1963, 164 ; A 1983, 1361 )

NRS 339.025

NRS

339.025

Performance and payment bonds: Amount; conditions; filing with contracting body.

Before any contract, except one subject to the provisions of chapter 408 of NRS, exceeding $100,000 for any project for the new construction, repair or reconstruction of any public building or other public work or public improvement of any contracting body is awarded to any contractor, the contractor shall furnish to the contracting body the following bonds which become binding upon the award of the contract to the contractor:

(a) A performance bond in an amount to be fixed by the contracting body, but not less than 50 percent of the contract amount, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions of the contract. The bond must be solely for the protection of the contracting body which awarded the contract.

(b) A payment bond in an amount to be fixed by the contracting body, but not less than 50 percent of the contract amount. The bond must be solely for the protection of claimants supplying labor or materials to the contractor to whom the contract was awarded, or to any of his or her subcontractors, in the prosecution of the work provided for in such contract.

If a general contractor has been awarded a contract, except one subject to the provisions of chapter 408 of NRS, by the State Public Works Division of the Department of Administration for any project for new construction, repair or reconstruction of any public building or other public work or public improvement, each of the subcontractors of the general contractor who will perform work on the contract that exceeds $50,000 or 1 percent of the proposed project, whichever amount is greater, shall furnish a bond to the Division in an amount to be fixed by the Division.
Each of the bonds required pursuant to this section must be executed by one or more surety companies authorized to do business in the State of Nevada. If the contracting body is the State of Nevada or any officer, employee, board, bureau, commission, department, agency or institution thereof, the bonds must be payable to the State of Nevada. If the contracting body is other than one of those enumerated in this subsection, the bonds must be payable to the other contracting body.
Each of the bonds must be filed in the office of the contracting body which awarded the contract for which the bonds were given.
This section does not prohibit a contracting body from requiring bonds.

(Added to NRS by 1963, 164 ; A 1981, 940 ; 1985, 359 ; 1997, 2994 , 3165 ;

1999, 629 ; 2005, 1814 )

NRS 339.035

NRS

339.035

Actions on payment bonds by claimants.

Subject to the provisions of subsection 2, any claimant who has performed labor or furnished material in the prosecution of the work provided for in any contract for which a payment bond has been given pursuant to the provisions of subsection 1 of NRS 339.025 , and who has not been paid in full before the expiration of 90 days after the date on which the claimant performed the last of such labor or furnished the last of such materials for which the claimant claims payment, may bring an action on such payment bond in his or her own name to recover any amount due the claimant for such labor or material, and may prosecute such action to final judgment and have execution on the judgment.
Any claimant who has a direct contractual relationship with any subcontractor of the contractor who gave such payment bond, but no contractual relationship, express or implied, with such contractor, may bring an action on the payment bond only:

(a) If the claimant has, within 30 days after furnishing the first of such materials or performing the first of such labor, served on the contractor a written notice which shall inform the latter of the nature of the materials being furnished or to be furnished, or the labor performed or to be performed, and identifying the person contracting for such labor or materials and the site for the performance of such labor or materials; and

(b) After giving written notice to such contractor within 90 days from the date on which the claimant performed the last of the labor or furnished the last of the materials for which the claimant claims payment. Each written notice shall state with substantial accuracy the amount claimed and the name of the person for whom the work was performed or the material supplied, and shall be served by being sent by registered or certified mail, postage prepaid, in an envelope addressed to such contractor at any place in which the contractor maintains an office or conducts business, or at the residence of the contractor.

(Added to NRS by 1963, 165 ; A 1969, 95 )

NRS 339.045

NRS

339.045

Certified copies of payment bonds and contracts to be furnished applicant by contracting body; fee; copies as prima facie evidence.

The contracting body shall furnish a certified copy of any payment bond and the contract for which such bond was given to any person who makes an application for such copy and who submits an affidavit stating that the person:

(a) Has supplied labor or material for the completion of the work provided for in the contract, and that the person has not been fully paid for such labor or material;

(b) Is the defendant in an action brought on a payment bond; or

Every such applicant shall pay for each certified copy a fee fixed by the contracting body to cover the actual cost of the preparation of such copy.
A certified copy of any payment bond and of the contract for which such bond was given shall constitute prima facie evidence of the contents, execution and delivery of the original of such bond and contract.

(Added to NRS by 1963, 165 )

NRS 339.065

NRS

339.065

Requirement that bonds be furnished by particular surety company or through particular agent or broker unlawful; penalty.

It is unlawful for any representative of a contracting body, in issuing an invitation for bids, to require that any bond specified in NRS 339.025 be furnished by a particular surety company or through a particular agent or broker.
Any person who violates the provisions of this section is guilty of a misdemeanor.

(Added to NRS by 1963, 166 )

NRS 341.020

NRS

341.020

Creation; members; vacancies.

The State Public Works Board is hereby created.
The Board consists of the Director of the Department and six members appointed as follows:

(a) The Governor shall appoint:

(1) One member who has education or experience, or both, regarding the principles of engineering or architecture;

(2) One member who is licensed to practice law in this State and who has experience in the practice of construction law; and

(3) Two members who are or have been licensed in this State as a general building contractor or general engineering contractor pursuant to chapter 624 of NRS.

(b) The Majority Leader of the Senate shall appoint one member who is or has been licensed in this State as a general building contractor or general engineering contractor pursuant to chapter 624 of NRS.

(c) The Speaker of the Assembly shall appoint one member who is or has been licensed in this State as a general building contractor or general engineering contractor pursuant to chapter 624 of NRS.

Each member of the Board who is appointed serves at the pleasure of the appointing authority.
A vacancy on the Board in an appointed position must be filled by the appointing authority in the same manner as the original appointment.

[Part 1:102:1937; A 1953, 11 ]—(NRS A 1959, 92 ; 1973, 904 ; 1983, 1959 ; 1987, 1485 ; 1993, 1567 ; 2001, 1916 ; 2007, 3267 ; 2011, 2965 ; 2017, 1401 )

NRS 341.070

NRS

341.070

Conduct of business: Rules; frequency of meetings; purposes.

The Board shall:

Adopt such rules for the regulation of its proceedings and the transaction of its business as it deems proper.
Meet as necessary to conduct the business of the Board for the following purposes:

(a) Submitting reports and making recommendations as required pursuant to NRS 341.083 ;

(b) Adopting regulations; and

(1) The qualification of contractors; and

(2) Disputes regarding contracts.

[Part 4:102:1937; A 1947, 283 ; 1943 NCL § 6975.04]—(NRS A 2001, 1916 ; 2011, 2965 )

NRS 341.100

NRS

341.100

Appointments; classification; restrictions on other employment; qualifications; general duties.

The Administrator and the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section serve at the pleasure of the Director of the Department.
The Administrator shall appoint:

(a) A Deputy Administrator of the Public Works - Professional Services Section; and

(b) A Deputy Administrator of the Buildings and Grounds Section.

Ê Each deputy administrator appointed pursuant to this subsection serves at the pleasure of the Administrator.

The Administrator shall recommend and the Director shall appoint a Deputy Administrator of the Public Works - Compliance and Code Enforcement Section. The Deputy Administrator appointed pursuant to this subsection has the final authority in the interpretation and enforcement of any applicable building codes.
The Administrator may appoint such other technical and clerical assistants as may be necessary to carry into effect the provisions of this chapter.
The Administrator and each deputy administrator are in the unclassified service of the State. Except as otherwise provided in NRS 284.143 , the Administrator and each deputy administrator shall devote his or her entire time and attention to the business of the office and shall not pursue any other business or occupation or hold any other office of profit.
The Administrator must:

(a) Have a masters degree or doctoral degree in civil or environmental engineering, architecture, public administration or a related field and experience in management, public administration or public policy; or

(b) Be a licensed professional engineer pursuant to the provisions of chapter 625 of NRS or an architect registered pursuant to the provisions of chapter 623 of NRS.

The Deputy Administrator of the:

(a) Public Works - Professional Services Section must be a licensed professional engineer pursuant to the provisions of chapter 625 of NRS or an architect registered pursuant to the provisions of chapter 623 of NRS.

(b) Public Works - Compliance and Code Enforcement Section must have a comprehensive knowledge of building codes and a working knowledge of the principles of engineering or architecture as determined by the Administrator.

The Administrator shall:

(a) Serve as the Secretary of the Board.

(b) Manage the daily affairs of the Division.

(d) Prepare and submit to the Board, for its approval, the recommended priority for proposed capital improvement projects and provide the Board with an estimate of the cost of each project.

(e) Select architects, engineers and contractors.

(f) Accept completed projects.

(g) Submit in writing to the Director of the Department, the Governor and the Interim Finance Committee a monthly report regarding all public works projects which are a part of the approved capital improvement program. For each such project, the monthly report must include, without limitation, a detailed description of the progress of the project which highlights any specific events, circumstances or factors that may result in:

(1) Changes in the scope of the design or construction of the project or any substantial component of the project which increase or decrease the total square footage or cost of the project by 10 percent or more;

(2) Increased or unexpected costs in the design or construction of the project or any substantial component of the project which materially affect the project;

(3) Delays in the completion of the design or construction of the project or any substantial component of the project; or

(4) Any other problems which may adversely affect the design or construction of the project or any substantial component of the project.

(h) Have final authority to approve the architecture of all buildings, plans, designs, types of construction, major repairs and designs of landscaping.

The Deputy Administrator of the Public Works - Compliance and Code Enforcement Section shall:

(a) Serve as the building official for all buildings and structures on property of the State or held in trust for any division of the State Government; and

(b) Consult with an agency or official that is considering adoption of a regulation described in NRS 446.942 , 449.345 , 455C.115 , 461.173 or 477.0325 and provide recommendations regarding how the regulation, as it applies to buildings and structures on property of this State or held in trust for any division of the State Government, may be made consistent with other regulations which apply to such buildings or structures.

[Part 4:102:1937; A 1947, 283 ; 1943 NCL § 6975.04] + [22:295:1953; A 1955, 525 ]—(NRS A 1959, 787 ; 1960, 394 ; 1961, 655 ; 1963, 1331 ; 1965, 703 ; 1967, 1494 ; 1971, 166 , 1431 ;

1981, 1278 ; 1983, 1960 ; 1987, 1485 ; 1991, 673 ; 1995, 2312 ; 1997, 1067 ; 2001, 1443 ; 2003, 2483 ; 2007, 3268 ; 2011, 2966 , 3572 ;

2013, 392 ; 2015, 2379 ; 2017, 1401 ; 2021, 624 )

NRS 341.161

NRS

341.161

Contracts with licensed contractors for services which assist Division in design and construction of projects of capital improvement; regulations; requirements for bids.

The Administrator may let to a contractor licensed under chapter 624 of NRS a contract for services which assist the Division in the design and construction of a project of capital improvement.
The Board shall adopt regulations establishing procedures for:

(a) The determination of the qualifications of contractors to bid for contracts for services described in subsection 1.

(b) The bidding and awarding of such contracts, subject to the provisions of subsection 3.

(c) The awarding of construction contracts based on a final cost of the project which the contractor guarantees will not be exceeded.

(d) The scheduling and controlling of projects.

Bids on contracts for services which assist the Division in the design and construction of a project of capital improvement must state separately the contractors cost for:

(a) Assisting the Division in the design and construction of the project.

(b) Obtaining all bids for subcontracts.

A person who furnishes services under a contract awarded pursuant to subsection 1 is a contractor subject to all provisions pertaining to a contractor in this title.

(Added to NRS by 1975, 830 ; A 1977, 154 ; 1981, 1203 ; 1999, 3482 ; 2001, 1917 , 2022 ;

2003, 119 , 124 ;

2007, 3272 ; 2011, 2971 )

NRS 341.166

NRS

341.166

Contracts with licensed contractors for services which assist Division in development and review of designs, plans, specifications and estimates of costs for proposed construction projects; bidding on proposed construction project; regulations.

The Administrator may enter into a contract for services with a contractor licensed pursuant to chapter 624 of NRS to assist the Division:

(a) In the development of designs, plans, specifications and estimates of costs for a proposed construction project.

(b) In the review of designs, plans, specifications and estimates of costs for a proposed construction project to ensure that the designs, plans, specifications and estimates of costs are complete and that the project is feasible to construct.

The Division is not required to advertise for bids for a contract for services pursuant to subsection 1, but may solicit bids from not fewer than three licensed contractors and may award the contract to the lowest responsible and responsive bidder.
The Board shall adopt regulations establishing procedures for:

(a) The determination of the qualifications of contractors to bid for the contracts for services described in subsection 1.

(b) The bidding and awarding of such contracts.

If a proposed construction project for which a contractor is awarded a contract for services by the Division pursuant to subsection 1 is advertised pursuant to NRS 338.1385 , that contractor may submit a bid for the contract for the proposed construction project if the contractor is qualified pursuant to NRS 338.1375 .

(Added to NRS by 2001, 1915 ; A 2003, 2000 ; 2007, 3273 ; 2011, 2971 )

NRS 349.670

NRS

349.670

Sufficiency of

NRS 349.400

349.670

, inclusive.

NRS 349.400 to 349.670 , inclusive, without reference to other statutes of the State, constitute full authority for the exercise of powers granted in those sections, including but not limited to the authorization and issuance of bonds.
No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized in NRS 349.400 to 349.670 , inclusive, to be done, applies to any proceedings taken or acts done pursuant to those sections, except for laws to which reference is expressly made in those sections or by necessary implication of those sections.
The provisions of no other law, either general or local, except as provided in NRS 349.400 to 349.670 , inclusive, apply to the doing of the things authorized in those sections to be done, and no board, agency, bureau, commission or official not designated in those sections has any authority or jurisdiction over the doing of any of the acts authorized in those sections to be done, except as otherwise provided in those sections.
A project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the statutes of this state or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property is not applicable to any action taken pursuant to NRS 349.400 to 349.670 , inclusive, except that the provisions of NRS 338.013 to 338.090 , inclusive, apply to any contract for new construction, repair or reconstruction for which tentative approval for financing is granted on or after January 1, 1992, by the Director for work to be done in a project. The Director, the lessee, purchaser, obligor or other enterprise, any contractor who is awarded a contract or enters into an agreement to perform the construction, repair or reconstruction for a project, and any subcontractor who performs any portion of such construction, repair or reconstruction shall comply with the provisions of NRS 338.013 to 338.090 , inclusive, in the same manner as if a public body had undertaken the project or had awarded the contract.
Any bank or trust company located within or without this state may be appointed and act as a trustee with respect to bonds issued and projects financed pursuant to NRS 349.400 to 349.670 , inclusive, without the necessity of associating with any other person or entity as cofiduciary, but such an association is not prohibited.
The powers conferred by NRS 349.400 to 349.670 , inclusive, are in addition and supplemental to, and not in substitution for, and the limitations imposed by those sections do not affect the powers conferred by any other law.
No part of NRS 349.400 to 349.670 , inclusive, repeals or affects any other law or part thereof, except to the extent that those sections are inconsistent with any other law, it being intended that those sections provide a separate method of accomplishing its objectives, and not an exclusive one.
The Director or a person designated by the Director may take any actions and execute and deliver any instruments, contracts, certificates and other documents, including the bonds, necessary or appropriate for the sale and issuance of the bonds or accomplishing the purposes of NRS 349.400 to 349.670 , inclusive, without the assistance or intervention of any other officer.

(Added to NRS by 1981, 1631 ; A 1991, 2348 ; 2019, 713 )

REVENUE BONDS FOR FINANCING EXPORTATION OF GOODS

NRS 349.956

NRS

349.956

Exemption of water projects from requirements of other statutes; exception for statutes relating to employment of persons to work on construction projects.

A water project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the statutes of this state or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property is not applicable to any action taken pursuant to NRS 349.935 to 349.961 , inclusive, except that the provisions of NRS 338.013 to 338.090 , inclusive, apply to any contract for new construction, repair or reconstruction for which tentative approval for financing is granted on or after January 1, 1992, by the Director or a municipality for work to be done in a water project. The Director or municipality, the lessee, purchaser or other obligor, any contractor who is awarded a contract or enters into an agreement to perform the construction, repair or reconstruction for a water project, and any subcontractor who performs any portion of such construction, repair or reconstruction shall comply with the provisions of NRS 338.013

to 338.090 , inclusive, in the same manner as if a public body had undertaken the water project or had awarded the contract.

(Added to NRS by 1987, 2278 ; A 1991, 2349 ; 2019, 714 )

NRS 349.981

NRS

349.981

Program to provide grants for water conservation and capital improvements to certain water systems; Board for Financing Water Projects to determine recipients of grants; applicability to certain recipients of provisions governing public works.

There is hereby established a program to provide grants of money to:

(a) A purveyor of water to pay for costs of capital improvements to publicly owned community water systems and publicly owned nontransient water systems required or made necessary by the State Environmental Commission pursuant to NRS 445A.800 to 445A.955 , inclusive, or made necessary by the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., and the regulations adopted pursuant thereto.

(b) An eligible recipient to pay for the cost of improvements to conserve water, including, without limitation:

(1) Piping or lining of an irrigation canal;

(2) Recovery or recycling of wastewater or tailwater;

(3) Scheduling of irrigation;

(4) Measurement or metering of the use of water;

(5) Improving the efficiency of irrigation operations; and

(6) Improving the efficiency of the operation of a facility for the storage of water, including, without limitation, efficiency in diverting water to such a facility.

(c) An eligible recipient to pay the following costs associated with connecting a domestic well or well with a temporary permit to a municipal water system, if the well was in existence on or before October 1, 1999, and the well is located in an area designated by the State Engineer pursuant to NRS 534.120 as an area where the groundwater basin is being depleted:

(1) Any local or regional fee for connection to the municipal water system.

(2) The cost of any capital improvement that is required to comply with a decision or regulation of the State Engineer.

(d) An eligible recipient to pay the following costs associated with abandoning an individual sewage disposal system and connecting the property formerly served by the abandoned individual sewage disposal system to a community sewage disposal system, if the Division of Environmental Protection requires the individual sewage disposal system to be abandoned and the property upon which the individual sewage disposal system was located to be connected to a community sewage disposal system pursuant to the provisions of NRS 445A.300 to 445A.730 , inclusive, or any regulations adopted pursuant thereto:

(1) Any local or regional fee for connection to the community sewage disposal system.

(2) The cost of any capital improvement that is required to comply with a statute of this State or a decision, directive, order or regulation of the Division of Environmental Protection.

(e) An eligible recipient to pay the following costs associated with abandoning an individual sewage disposal system and connecting the property formerly served by the abandoned individual sewage disposal system to a community sewage disposal system, if the Division of Environmental Protection approves a program or project for the protection of groundwater quality developed by the State or a local government that provides for the abandonment of an individual sewage disposal system and the connection of the property upon which the individual sewage disposal system was located to a community sewage disposal system pursuant to the provisions of NRS 445A.300 to 445A.730 , inclusive, or any regulations adopted pursuant thereto:

(1) Any local or regional fee for connection to the community sewage disposal system.

(2) The cost of any capital improvement that is required to comply with a statute of this State or a decision, directive, order or regulation of the Division of Environmental Protection.

(f) An eligible recipient to pay the following costs associated with plugging and abandoning a well and connecting the property formerly served by the well to a municipal water system, if the State Engineer requires the plugging of the well pursuant to subsection 3 of NRS 534.180 or if the quality of the water of the well fails to comply with the standards of the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., and the regulations adopted pursuant thereto:

(1) Any local or regional fee for connection to the municipal water system.

(2) The cost of any capital improvement that is required for the water quality in the area where the well is located to comply with the standards of the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., and the regulations adopted pursuant thereto.

(3) The cost of plugging and abandoning a well and connecting the property formerly served by the well to a municipal water system.

(g) A governing body to pay the costs associated with developing and maintaining a water resource plan.

Except as otherwise provided in NRS 349.983 , the determination of who is to receive a grant is solely within the discretion of the Board.
For any construction work paid for in whole or in part by a grant provided pursuant to this section to a nonprofit association or nonprofit cooperative corporation that is an eligible recipient, the provisions of NRS 338.013 to 338.090 , inclusive, apply to:

(a) Require the nonprofit association or nonprofit cooperative corporation to include in the contract for the construction work the contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to those statutory provisions.

(b) Require the nonprofit association or nonprofit cooperative corporation to comply with those statutory provisions in the same manner as if it was a public body that had undertaken the project or had awarded the contract.

(c) Require the contractor who is awarded the contract for the construction work, or a subcontractor on the project, to comply with those statutory provisions in the same manner as if he or she was a contractor or subcontractor, as applicable, engaged on a public work.

As used in this section:

(a) Eligible recipient means:

(1) A political subdivision of this State, including, without limitation, a city, county, unincorporated town, water authority, conservation district, irrigation district, water district or water conservancy district.

(2) A nonprofit association or nonprofit cooperative corporation that provides water service only to its members.

(b) Governing body has the meaning ascribed to it in NRS 278.015 .

(Added to NRS by 1991, 1833 ; A 1999, 2121 ; 2003, 2502 ; 2005, 561 , 969 ;

2009, 564 ; 2019, 1295 ; 2023, 339 , 1276 )

NRS 350.091

NRS

350.091

Governing body to update plan for capital improvement under certain circumstances; issuance and terms of evidence of medium-term obligation or installment-purchase agreement; regulations; applicability of prevailing wage requirements to certain lease-purchase or installment-purchase agreements.

Whenever the governing body of any local government is authorized to enter into a medium-term obligation or installment-purchase agreement as provided in NRS 280.266 or 350.089 that is intended to finance a capital project, the governing body shall update its plan for capital improvement in the same manner as is required for general obligation debt pursuant to NRS 350.013 .
Whenever the governing body of any local government is authorized to enter into a medium-term obligation as provided in NRS 350.089 , the governing body may issue, as evidence thereof, negotiable notes or medium-term negotiable bonds that, except as otherwise provided in subsection 5 of NRS 496.155 :

(a) Must mature not later than 10 years after the date of issuance;

(b) Must bear interest at a rate or rates which do not exceed by more than 3 percent the Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted; and

(c) May, at the option of the local government, contain a provision which allows redemption of the notes or bonds before maturity, upon such terms as the governing body determines.

Whenever the governing body of any local government is authorized to enter into an installment-purchase agreement as provided in NRS 280.266 or 350.089 , the governing body may issue, as evidence thereof, an installment-purchase agreement, lease or other evidence of a transaction described in NRS 350.800 . An installment-purchase agreement, lease or other evidence of a transaction described in NRS 350.800 issued pursuant to this subsection:

(a) Must have a term that is 30 years or less;

(b) Must bear interest at a rate or rates that do not exceed by more than 3 percent the Index of Revenue Bonds which was most recently published before the local government enters into the installment-purchase agreement; and

(c) May, at the option of the local government, contain a provision that allows prepayment of the purchase price upon such terms as are provided in the agreement.

If the term of the medium-term obligation or installment-purchase agreement is more than 5 years, the weighted average term of the medium-term obligation or installment-purchase agreement may not exceed the estimated weighted average useful life of the assets being financed with the medium-term obligation or installment-purchase agreement. For the purposes of this subsection, the Committee on Local Government Finance may adopt regulations that provide guidelines for the useful life of various types of assets and for calculation of the weighted average useful life of assets.
If a lease-purchase or installment-purchase agreement pursuant to NRS 280.266 or 350.089 involves the construction, alteration, repair or remodeling of an improvement:

(a) The person or entity that executes one or more contracts or agreements for the actual construction, alteration, repair or remodeling of the improvement shall include in such a contract or agreement the contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to the provisions of NRS 338.013 to 338.090 , inclusive.

(b) The governing body, the contractor who is awarded the contract or entered into the agreement to perform the construction, alteration, repair or remodeling of the improvement and any subcontractor on the project shall comply with the provisions of NRS 338.013 to 338.090 , inclusive, in the same manner as if the governing body had undertaken the project or had awarded the contract.

(Added to NRS by 1995, 1810 ; A 1997, 1296 ; 1999, 276 ; 2001, 2313 ; 2009, 2070 )

NRS 353.545

NRS

353.545

Legislative findings and declaration.

The Legislature hereby finds and declares that:

The authority provided by other specific statutes for the government of this State and the political subdivisions of this State to use lease-purchase and installment-purchase agreements provides an important and valuable option for these governmental entities and, when this authority is used properly, provides great benefit to the residents of this State.
The statutory provisions governing the use of lease-purchase and installment-purchase agreements should be interpreted to allow the process of entering into and carrying out these agreements to be as streamlined and efficient as possible.
The government of this State and the political subdivisions of this State should not use lease-purchase and installment-purchase agreements to:

(a) Engage in or allow bid-shopping; or

(b) Avoid or circumvent any requirement regarding the payment of prevailing wages for public works.

When using lease-purchase and installment-purchase agreements, the government of this State and the political subdivisions of this State should provide for the preferential hiring of Nevada residents to the extent otherwise required by law.
If a lease-purchase or installment-purchase agreement involves the construction, alteration, repair or remodeling of an improvement:

(b) The government of this State or a political subdivision of this State, the contractor who is awarded the contract or entered into the agreement to perform the construction, alteration, repair or remodeling of the improvement and any subcontractor on the project shall comply with the provisions of NRS 338.013 to 338.090 , inclusive, in the same manner as if the government of this State or a political subdivision of this State had undertaken the project or had awarded the contract.

(Added to NRS by 2007, 829 ; A 2009, 2071 ; 2015, 29 , 2654 )

NRS 353.590

NRS

353.590

Exemption of agreement involving construction, alteration, repair or remodeling of improvement from laws requiring competitive bidding and certain provisions relating to public works; exceptions.

If an agreement pursuant to NRS 353.500 to 353.630 , inclusive, involves the construction, alteration, repair or remodeling of an improvement:

Except as otherwise provided in this section, the construction, alteration, repair or remodeling of the improvement may be conducted as specified in the agreement without complying with the provisions of:

(a) Any law requiring competitive bidding; or

(b) Chapter 341

of NRS.

The person or entity that enters into the agreement for the actual construction, alteration, repair or remodeling of the improvement shall include in the agreement the contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to the provisions of NRS 338.013

to 338.090 , inclusive.

The State or a state agency, the contractor who is awarded the contract or entered into the agreement to perform the construction, alteration, repair or remodeling of the improvement and any subcontractor on the project shall comply with the provisions of NRS 338.013 to 338.090 , inclusive, in the same manner as if the State or a state agency had undertaken the project or had awarded the contract.
The provisions of:

(a) Paragraph (b) of subsection 9 of NRS 341.100 ; and

(b) NRS 341.105 ,

Ê apply to the construction, alteration, repair or remodeling of the improvement.

(Added to NRS by 2001, 2480 ; A 2005, 2905 ; 2007, 664 , 830 ;

2009, 2072 ; 2011, 3574 ; 2015, 30 , 2654 )

NRS 353.640

NRS

353.640

Criteria; applicability of laws governing public works; subcontracts; provisions required to be included in agreement with prime contractor.

An organization may partner with a state agency and provide private financing only for the construction of a hospital, medical education building or medical research building in this State if the organization:

(a) Qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c) and a supporting organization pursuant to 26 U.S.C. § 509(a)(3); and

(b) Is organized and operated to support the state agency in the construction of a hospital, medical education building or medical research building in this State.

An organization that meets the criteria set forth in subsection 1:

(a) Is exempt from the provisions of NRS 338.1375 to 338.139 , inclusive, in selecting a contractor for a project developed by the organization;

(b) Shall comply with the provisions of NRS 338.013 to 338.090 , inclusive; and

(c) Is exempt from the provisions of chapter 341 of NRS and not subject to the oversight or involvement of the State Public Works Division of the Department of Administration, except for any authority of the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section exercised pursuant to subsection 2 of NRS 341.145 .

All subcontracts for a project developed by an organization that meets the criteria set forth in subsection 1 must be competitively bid pursuant to NRS 338.1685 to 338.16995 , inclusive. An eligible subcontractor who bids on such a project is entitled to receive a preference in bidding pursuant to subsection 3 or 4 of NRS 338.1389 .
Any contract or agreement entered into with a prime contractor for a project developed by an organization that meets the criteria set forth in subsection 1 must include, without limitation, provisions requiring:

(a) That at least 15 percent of the subcontracts for the project will be awarded to local small businesses; and

(b) The prime contractor to comply with the requirements of NRS 338.01165 for the use of apprentices.

As used in this section, state agency means an agency, board, bureau, commission, department, division, elected officer or any other unit of the Executive Department of the State Government. The term includes the Nevada System of Higher Education.

(Added to NRS by 2023, 3378 )

COLLECTION OF DEBTS OWED TO GOVERNMENTAL ENTITIES

NRS 353.660

NRS

353.660

State Controller: Entry into reciprocal agreement with Federal Government for collection and offset of indebtedness.

The State Controller or his or her designee may enter into a reciprocal agreement with the Federal Government for the collection and offset of indebtedness, pursuant to which the State will offset from state tax refunds and from payments otherwise due to vendors and contractors providing goods or services to the departments, agencies or institutions of this State, non tax related debt owed to the Federal Government, and the Federal Government will offset from federal payments to vendors and taxpayers debt owed to the State of Nevada.

(Added to NRS by 2011, 911 )

NRS 354.745

NRS

354.745

Use of leases and lease-purchase and installment-purchase agreements: Provisions required to be included in agreement; applicability of provisions governing payment of prevailing wage.

If a local government enters into a lease or lease-purchase or installment-purchase agreement which involves the construction, alteration, repair or remodeling of an improvement:

The person or entity that executes one or more contracts or agreements for the actual construction, alteration, repair or remodeling of the improvement shall include in such a contract or agreement the contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to the provisions of NRS 338.013 to 338.090 , inclusive.
The local government, the contractor who is awarded the contract or entered into the agreement to perform the construction, alteration, repair or remodeling of the improvement and any subcontractor on the project shall comply with the provisions of NRS 338.013 to 338.090 , inclusive, in the same manner as if the local government had undertaken the project or had awarded the contract.

(Added to NRS by 2023, 3379 )

NRS 354.755

NRS

354.755

Partnership with tax-exempt organization to finance construction of certain medical buildings: Criteria applicability of laws governing public works; subcontracts; provisions required to be included in agreement with prime contractor.

An organization may partner with a local government and provide private financing only for the construction of a hospital, medical education building or medical research building in this State if the organization:

(a) Qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c) and a supporting organization pursuant to 26 U.S.C. § 509(a)(3); and

(b) Is organized and operated to support the local government in the construction of a hospital, medical education building or medical research building in this State.

An organization that meets the criteria set forth in subsection 1:

(a) Is exempt from the provisions of NRS 338.1375 to 338.139 , inclusive, in selecting a contractor for a project developed by the organization;

(b) Shall comply with the provisions of NRS 338.013 to 338.090 , inclusive; and

All subcontracts for a project developed by an organization that meets the criteria set forth in subsection 1 must be competitively bid pursuant to NRS 338.1685 to 338.16995 , inclusive. An eligible subcontractor who bids on such a project is entitled to receive a preference in bidding pursuant to subsection 3 or 4 of NRS 338.1389 .
Any contract or agreement entered into with a prime contractor for a project developed by an organization that meets the criteria set forth in subsection 1 must include, without limitation, provisions requiring:

(a) That at least 15 percent of the subcontracts for the project will be awarded to local small businesses; and

(b) The prime contractor to comply with the requirements of NRS 338.01165 for the use of apprentices.

(Added to NRS by 2023, 3378 )

PAYMENTS OF MONEY FOR SERVICES PROVIDED BY LOCAL GOVERNMENTS

NRS 355.060

NRS

355.060

Monthly notification of amount of uninvested money; authorized and prohibited investments.

The State Controller shall notify the State Treasurer monthly of the amount of uninvested money in the State Permanent School Fund.
Whenever there is a sufficient amount of money for investment in the State Permanent School Fund, the State Treasurer shall proceed to negotiate for the investment of the money in:

(a) United States bonds.

(b) A bond, note or other obligation issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, the International Finance Corporation or the Inter-American Development Bank that:

(1) Is denominated in United States dollars;

(2) Is a senior unsecured unsubordinated obligation;

(3) At the time of purchase has a remaining term to maturity of 5 years or less; and

(4) Is rated by a nationally recognized rating service as AA or its equivalent, or better,

Ê except that investments pursuant to this paragraph may not, in aggregate value, exceed 15 percent of the total par value of the portfolio as determined at the time of purchase.

(c) A bond, note or other obligation publicly issued in the United States by a foreign financial institution, corporation or government that:

(1) Is denominated in United States dollars;

(2) Is a senior unsecured unsubordinated obligation;

(3) Is registered with the Securities and Exchange Commission in accordance with the provisions of the Securities Act of 1933, 15 U.S.C. §§ 77a et seq., as amended;

(4) Is purchased from a registered broker-dealer;

(5) At the time of purchase has a remaining term to maturity of 5 years or less; and

(6) Is rated by a nationally recognized rating service as A or its equivalent, or better,

Ê except that investments pursuant to this paragraph may not, in aggregate value, exceed 10 percent of the total par value of the portfolio as determined at the time of purchase.

(d) Obligations or certificates of the Federal National Mortgage Association, the Federal Home Loan Banks, the Federal Home Loan Mortgage Corporation, the Federal Farm Credit Banks Funding Corporation or the Student Loan Marketing Association, whether or not guaranteed by the United States.

(e) Bonds of this state or of other states.

(f) Bonds of any county of the State of Nevada.

(g) United States treasury notes.

(h) Farm mortgage loans fully insured and guaranteed by the Farm Service Agency of the United States Department of Agriculture.

(i) Loans at a rate of interest of not less than 6 percent per annum, secured by mortgage on agricultural lands in this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, of unexceptional title and free from all encumbrances.

(j) Money market mutual funds that:

(1) Are registered with the Securities and Exchange Commission;

(2) Are rated by a nationally recognized rating service as AAA or its equivalent; and

(3) Invest only in securities issued or guaranteed as to payment of principal and interest by the Federal Government, or its agencies or instrumentalities, or in repurchase agreements that are fully collateralized by such securities.

(k) Common or preferred stock of a corporation created by or existing under the laws of the United States or of a state, district or territory of the United States, if:

(1) The stock of the corporation is:

(I) Listed on a national stock exchange; or

(II) Traded in the over-the-counter market, if the price quotations for the over-the-counter stock are quoted by the National Association of Securities Dealers Automated Quotation System (NASDAQ);

(2) The outstanding shares of the corporation have a total market value of not less than $50,000,000;

(3) The maximum investment in stock is not greater than 50 percent of the book value of the total investments of the State Permanent School Fund;

(4) Except for investments made pursuant to paragraph (m), the amount of an investment in a single corporation is not greater than 3 percent of the book value of the assets of the State Permanent School Fund; and

(5) Except for investments made pursuant to paragraph (m), the total amount of shares owned by the State Permanent School Fund is not greater than 5 percent of the outstanding stock of a single corporation.

(l) A pooled or commingled real estate fund or a real estate security that is managed by a corporate trustee or by an investment advisory firm that is registered with the Securities and Exchange Commission, either of which may be retained by the State Treasurer as an investment manager. The shares and the pooled or commingled fund must be held in trust. The total book value of an investment made under this paragraph must not at any time be greater than 5 percent of the total book value of all investments of the State Permanent School Fund.

(m) Mutual funds or common trust funds that consist of any combination of the investments listed in paragraphs (a) to (l), inclusive.

(n) The limited partnerships or limited-liability companies described in NRS 355.280 .

(o) Commercial paper issued by a corporation, trust or limited-liability company organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States that:

(1) At the time of purchase has a remaining term to maturity of not more than 270 days; and

(2) Is rated by a nationally recognized rating service as A-1, P-1 or its equivalent, or better,

Ê except that investments pursuant to this paragraph may not, in aggregate value, exceed 10 percent of the total par value of the portfolio as determined at the time of purchase. If the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, the State Treasurer shall take such action as he or she deems appropriate to preserve the principal value and integrity of the portfolio as a whole and report to the State Board of Finance any action taken by the State Treasurer pursuant to this paragraph.

(p) Notes, bonds and other unconditional obligations for the payment of money, except certificates of deposit that are not issued by commercial banks, insured credit unions, savings and loan associations or savings banks, issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any state and operating in the United States that:

(1) Are purchased from a registered broker-dealer;

(2) At the time of purchase have a remaining term to maturity of not more than 5 years; and

(3) Are rated by a nationally recognized rating service as A or its equivalent, or better,

Ê except that investments pursuant to this paragraph may not, in aggregate value, exceed 15 percent of the total par value of the portfolio as determined at the time of purchase. If the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, the State Treasurer shall take such action as he or she deems appropriate to preserve the principal value and integrity of the portfolio as a whole and report to the State Board of Finance any action taken by the State Treasurer pursuant to this paragraph.

The State Treasurer shall not invest any money in the State Permanent School Fund pursuant to paragraph (k), (l), (m), (n), (o) or (p) of subsection 2 unless the State Treasurer obtains a judicial determination that the proposed investment or category of investments will not violate the provisions of Section 9 of Article 8 of the Constitution of the State of Nevada. The State Treasurer shall contract for the services of independent contractors to manage any investments of the State Treasurer made pursuant to paragraph (k), (l), (m), (o) or (p) of subsection 2. The State Treasurer shall establish such criteria for the qualifications of such an independent contractor as are appropriate to ensure that each independent contractor has expertise in the management of such investments.
In addition to the investments authorized by subsection 2, the State Treasurer may make loans of money from the State Permanent School Fund to school districts pursuant to NRS 387.526 .
No part of the State Permanent School Fund may be invested pursuant to a reverse-repurchase agreement.

[Part 2:212:1917; A 1925, 221 ; 1919 RL p. 3146; NCL § 6963] + [2a:212:1917; added 1953, 304 ]—(NRS A 1969, 822 ; 1979, 724 ; 1989, 2178 ; 1991, 175 ; 1993, 2282 ; 1997, 2713 , 2879 ;

1999, 599 ; 2001, 2291 ; 2011, 2584 ; 2019, 655 ; 2021, 454 ; 2023, 1022 )

NRS 355.165

NRS

355.165

Local Government Pooled Long-Term Investment Account: Creation; administration; applicability of

NRS 355.167

; permissible investments; assessment of costs; computation of interest; establishment of subaccounts.

The Local Government Pooled Long-Term Investment Account is hereby created. The Account must be administered by the State Treasurer.
All of the provisions of NRS 355.167 apply to the Local Government Pooled Long-Term Investment Account.
In addition to the investments which are permissible pursuant to subsection 3 of NRS 355.167 , the Treasurer may invest the money in the Local Government Pooled Long-Term Investment Account in:

(a) Mutual funds which:

(1) Are registered with the Securities and Exchange Commission;

(2) Are rated in the highest rating category by at least one nationally recognized rating service; and

(3) Invest only in securities issued by the Federal Government or agencies of the Federal Government or in repurchase agreements fully collateralized by such securities.

(b) An investment contract that is collateralized with securities issued by the Federal Government or agencies of the Federal Government if:

(1) The collateral has a market value of at least 102 percent of the amount invested and any accrued unpaid interest thereon;

(2) The Treasurer receives a security interest in the collateral that is fully perfected and the collateral is held in custody for the State by a third-party agent of the State which is a commercial bank authorized to exercise trust powers;

(3) The market value of the collateral is determined not less frequently than weekly and, if the ratio required by subparagraph (1) is not met, sufficient additional collateral is deposited with the agent of this State to meet that ratio within 2 business days after the determination; and

(4) The party with whom the investment contract is executed is a commercial bank or credit union, or that party or a guarantor of the performance of that party is:

(I) An insurance company which has a rating on its ability to pay claims of not less than Aa2 by Moodys Investors Service, Inc., or AA by Standard and Poors Ratings Services, or their equivalent; or

(II) An entity which has a credit rating on its outstanding long-term debt of not less than A2 by Moodys Investors Service, Inc., or A by Standard and Poors Ratings Services, or their equivalent.

In addition to the reasonable charges against the Account which the State Treasurer may assess pursuant to subsection 8 of NRS 355.167 , the State Treasurer may, in the case of a local government pooled long-term investment account, assess the costs:

(a) Associated with a calculation of any rebate of arbitrage profits which is required to be paid to the Federal Government by 26 U.S.C. § 148; and

(b) Of contracting with qualified persons to assist in the:

(1) Calculation of any rebate of arbitrage profits which is required to be paid to the Federal Government by 26 U.S.C. § 148; and

(2) Administration of the Account.

In addition to the quarterly computations of interest to be reinvested for or paid to each participating local government pursuant to subsection 9 of NRS 355.167 , the State Treasurer may, in the case of a local government pooled long-term investment account, compute and reinvest or pay the interest more frequently. The State Treasurer may also base his or her computations on the amount of interest accrued rather than the amount received.
The Treasurer may establish one or more separate subaccounts in the Local Government Pooled Long-Term Investment Account for identified investments that are made for and allocated to specific participating local governments.

(Added to NRS by 1993, 257 ; A 1997, 2879 ; 1999, 1480 )

NRS 355.270

NRS

355.270

Corporation for public benefit: Formation and purpose; composition, chair, compensation and duties of board of directors.

The State Treasurer shall cause to be formed in this State an independent corporation for public benefit, the general purpose of which is to act as a limited partner of limited partnerships or a shareholder or member of limited-liability companies that provide private equity funding to businesses:

(a) Located in this State or seeking to locate in this State; and

(b) Engaged primarily in one or more of the following industries:

(1) Health care and life sciences.

(2) Cyber security.

(3) Homeland security and defense.

(4) Alternative energy.

(5) Advanced materials and manufacturing.

(6) Information technology.

(7) Any other industry that the board of directors of the corporation for public benefit determines will likely meet the targets for investment returns established by the corporation for public benefit for investments authorized by NRS 355.250 to

355.285 , inclusive, and comply with sound fiduciary principles.

The corporation for public benefit created pursuant to subsection 1 must have a board of directors consisting of:

(a) Five members from the private sector who have at least 10 years of experience in the field of investment, finance or banking and who are appointed for a term of 4 years as follows:

(1) One member appointed by the Governor;

(2) One member appointed by the Senate Majority Leader;

(3) One member appointed by the Speaker of the Assembly;

(4) One member appointed by the Senate Minority Leader; and

(5) One member appointed by the Assembly Minority Leader;

(b) The Chancellor of the Nevada System of Higher Education or his or her designee;

(d) With the approval of a majority of the members of the board of directors described in subparagraphs (1), (2) and (3) of paragraph (a), up to 5 additional members who are direct investors in the corporation for public benefit.

Vacancies in the appointed positions on the board of directors of the corporation for public benefit created pursuant to subsection 1 must be filled by the appointing authority for the unexpired term.
The State Treasurer shall serve as chair of the board of directors of the corporation for public benefit created pursuant to subsection 1.
The members of the board of directors of the corporation for public benefit must serve without compensation but are entitled to be reimbursed for actual and necessary expenses incurred in the performance of their duties, including, without limitation, travel expenses.
A member of the board of directors of the corporation for public benefit created pursuant to subsection 1 must not have an equity interest in any:

(a) External asset manager or venture capital or private equity investment firm contracting with the board pursuant to NRS 355.275 ; or

(b) Business which receives private equity funding pursuant to NRS 355.250 to 355.285 , inclusive.

The board of directors of the corporation for public benefit created pursuant to subsection 1 shall:

(a) Comply with the provisions of chapter 281A of NRS.

(b) Meet at least quarterly and conduct any meetings of the board of directors in accordance with chapter 241 of NRS.

(c) Review the performance of all external asset managers and venture capital and private equity investment firms contracting with the corporation for public benefit pursuant to NRS 355.275 .

(d) On or before December 1 of each year, provide an annual report to the Governor and the Director of the Legislative Counsel Bureau for transmission to the next session of the Legislature, if the report is submitted in an even-numbered year or to the Legislative Commission, if the report is submitted in an odd-numbered year. The report must include, without limitation:

(1) An accounting of all money received and expended by the corporation for public benefit, including, without limitation, any matching grant funds, gifts or donations; and

(2) The name and a brief description of all businesses receiving an investment of money pursuant to the provisions of NRS 355.250 to 355.285 , inclusive.

(Added to NRS by 2011, 2581 )

NRS 356.087

NRS

356.087

Interest to be deposited in State General Fund; exceptions.

Except as provided in subsections 2, 3 and 4 or in a specific statute, all interest paid on money belonging to this State must be deposited in the State General Fund.
Interest earned and received on any gift or bequest to an agency of the State must be credited to the agency unless the gift or bequest provides otherwise. An agency, when depositing a gift or bequest, shall notify the State Treasurer whether it is a gift or bequest which entitles the agency to the interest earned.
For each fund or account which by specific statute is credited with the interest earned on money deposited in it, the State Treasurer shall determine the proportionate share of interest and income earned by it and credit that amount to it.
The State Treasurer shall pay the interest due to any contractor pursuant to NRS 338.515 .

(Added to NRS by 1959, 571 ; A 1973, 588 , 1378 ;

1975, 212 , 822 ;

1977, 752 ; 1979, 908 , 1105 ,

1306 ;

1981, 228 , 236 ,

399 ,

551 ,

1014 ,

1015 ,

1447 ,

1526 ,

1559 ,

1827 ,

1834 ;

1983, 1581 , 1592 )

NRS 357.020

NRS

357.020

Claim defined.

Claim means any request or demand, regardless of whether it is made under a contract or otherwise, for money, property or services, regardless of whether the State or a political subdivision has title to the money or property, that is:

(a) Presented to an officer, employee or agent of this state or of a political subdivision of this state; or

(b) Made to a contractor, grantee or other recipient if the money, property or services are to be spent or used on behalf of the State or a political subdivision and the State or political subdivision:

(1) Provides or has provided any portion of the money, property or services that are requested or demanded; or

(2) Will reimburse the contractor, grantee or other recipient for any portion of the money, property or services that are requested or demanded.

The term does not include a request or demand for money or property that the State or a political subdivision has paid or provided to a natural person as:

(a) Compensation for employment; or

(b) An income subsidy with no restriction on the natural persons use of the money or property.

(Added to NRS by 1999, 824 ; A 2013, 1044 )

NRS 357.250

NRS

357.250

Entitlement of employee, contractor or agent to remedies in certain circumstances.

If an employee, contractor or agent is discharged, demoted, suspended, threatened, harassed or discriminated against in the terms and conditions of employment as a result of any lawful act of the employee, contractor, agent or associated others in furtherance of an action brought pursuant to this chapter or any other effort to stop a violation of this chapter, the employee, contractor or agent is entitled to all relief necessary to make the employee, contractor or agent whole, including, without limitation, reinstatement with the same seniority as if the discharge, demotion, suspension, threat, harassment or discrimination had not occurred or damages in lieu of reinstatement if appropriate, twice the amount of lost compensation, interest on the lost compensation, any special damage sustained as a result of the discharge, demotion, suspension, threat, harassment or discrimination and punitive damages if appropriate. The employee, contractor or agent may also receive compensation for expenses recoverable pursuant to NRS 357.180 , costs and attorneys fees.
A civil action brought pursuant to this section may not be brought more than 3 years after the date on which the discharge, demotion, suspension, threat, harassment or discrimination occurred.

(Added to NRS by 1999, 829 ; A 2013, 1049 ; 2015, 915 )

NRS 360.142

NRS

360.142

Investigation of background and personal history of employees and contractors of Department.

The Department shall secure from appropriate law enforcement agencies information on the background and personal history of a prospective employee or prospective contractor, as applicable, of the Department.
A prospective employee or prospective contractor, as applicable, of the Department must submit to the Department:

(a) Proof that he or she is a citizen of the United States or is lawfully entitled to remain and work in the United States; and

(b) Two complete sets of fingerprints and written authorization to forward those fingerprints to the Central Repository for submission to:

(1) The Federal Bureau of Investigation for a report on his or her background; and

(2) Any appropriate law enforcement agency that the Department deems necessary.

The Department shall submit the fingerprints submitted pursuant to subsection 2 to the Central Repository for submission to:

(a) The Federal Bureau of Investigation for a report on the background of the prospective employee or prospective contractor, as applicable; and

(b) Any appropriate law enforcement agency that the Department deems necessary.

When a report from the Federal Bureau of Investigation or any information from an appropriate law enforcement agency is received by the Central Repository, the Central Repository shall immediately forward a copy of the report or the information to the Department.
The Department shall conduct an investigation of each employee and contractor of the Department pursuant to this section at least once every 5 years after the initial investigation.
Only the Central Repository may:

(a) Receive fingerprints from the Department for submission to the Federal Bureau of Investigation pursuant to this section;

(b) Submit those fingerprints to the Federal Bureau of Investigation; and

As used in this section:

(a) Appropriate law enforcement agency means the local law enforcement agency with jurisdiction in each location where the prospective employee or prospective contractor, as applicable, of the Department lived, worked or attended school within the immediately preceding 5 years.

(b) Central Repository means the Central Repository for Nevada Records of Criminal History.

(Added to NRS by 2019, 3295 )

NRS 360.7594

NRS

360.7594

Limitation on amount of credits; expiration of credits; amount of compensation included as qualified direct production expenditure.

Except as otherwise provided in this subsection, the Office of Economic Development shall not approve any application for transferable tax credits submitted pursuant to NRS 360.759 if approval of the application would cause the total amount of transferable tax credits approved pursuant to NRS 360.759 for each fiscal year to exceed the sum of $10,000,000. Any portion of the $10,000,000 per fiscal year for which transferable tax credits have not previously been approved may be carried forward and made available for approval during the next or any future fiscal year.
The transferable tax credits issued to any production company for any qualified production pursuant to NRS 360.759 :

(a) Must not exceed a total amount of $6,000,000; and

(b) Expire 4 years after the date on which the transferable tax credits are issued to the production company.

For the purposes of calculating qualified direct production expenditures:

(a) The compensation payable to all producers who are Nevada residents must not exceed 10 percent of the portion of the total budget of the qualified production that was expended in or attributable to any expenses incurred in this State.

(b) The compensation payable to all producers who are not Nevada residents must not exceed 5 percent of the portion of the total budget of the qualified production that was expended in or attributable to any expenses incurred in this State.

(c) The compensation payable to any employee, independent contractor or any other person paid a wage or salary as compensation for providing labor services on the production of the qualified production must not exceed $750,000.

(Added to NRS by 2013, 3095 ; A 2014, 28th Special Session, 23 ; 2015, 1106 , 1109 ;

2017, 3107 )

NRS 360.867

NRS

360.867

Submittal of application on behalf of project; contents of application; reservation of credits; termination of reservation; issuance and transfer of credits; repayment of excess credits; confidentiality of information in application; regulations.

On behalf of a project, the project sponsor may apply to the Division for a certificate of eligibility for transferable tax credits which may be applied to:

(a) Any tax imposed by chapter 363A or 363B

of NRS;

(b) The gaming license fees imposed by the provisions of NRS 463.370 ;

(d) Any combination of the fees and taxes described in paragraphs (a), (b) and (c).

To apply for a certificate of eligibility for transferable tax credits, the project sponsor must:

(a) Submit an application on a form prescribed by the Division; and

(b) Comply with the requirements to obtain an allocation of federal low-income housing tax credits which are set forth in the qualified allocation plan.

The Division shall:

(a) Review each application for a certificate of eligibility for transferable tax credits submitted pursuant to subsection 2 and any supporting documents to determine whether the requirements for eligibility for a reservation of transferable tax credits are met and the amount of transferable tax credit threshold points awarded to the project;

(b) Determine the amount of transferable tax credits for which the project may be eligible, which amount must equal the amount determined by the Division to be necessary to make the project financially feasible after considering all other sources of financing for the project; and

(c) Reserve the amount of transferable tax credits for which each project is determined to be eligible pursuant to paragraph (b) in the order of the amount of transferable tax credit threshold points awarded to each such project pursuant to paragraph (a) until a reservation is made for each project or the amount of transferable credits reserved for the fiscal year is equal to the amount of transferable tax credits which the Division is authorized to approve for the fiscal year pursuant to NRS 360.868 , whichever occurs first. If the amount of transferable tax credits reserved for the fiscal year reaches the amount of transferable tax credits which the Division is authorized to approve for the fiscal year pursuant to NRS 360.868

before each eligible project is reserved the full amount of transferable tax credits for which it is determined to be eligible pursuant to paragraph (b), the Division may take any action that the Division determines will ensure the maximum development of affordable housing in this State, including, without limitation, proportionally reducing the reservation of each project for which transferable tax credits are reserved or reserving for the last project to receive a reservation of transferable tax credits an amount of transferable tax credits that is less than the full amount of transferable tax credits for which the project was determined to be eligible pursuant to paragraph (b).

If the Division reserves transferable tax credits for a project pursuant to subsection 3, the Division shall provide written notice of the reservation which identifies the amount of the tax credits reserved for the project to:

(a) The project sponsor;

(b) The Department;

(d) The Office of Finance; and

(e) The Fiscal Analysis Division of the Legislative Counsel Bureau.

The Division:

(a) Shall terminate a reservation of transferable tax credits if the project for which the reservation is awarded is not closed within the period specified in paragraph (a) of subsection 6 unless, before the expiration of that period, the Division receives from the project sponsor a written request for an extension of not more than 45 days. The Division may grant only one extension pursuant to this paragraph and, if the project is not closed before the expiration of the extension period, the Division must terminate the reservation of transferable tax credits. A request for an extension submitted pursuant to this paragraph must be accompanied by proof satisfactory to the Division that:

(1) The requirements for financing the project have been substantially completed;

(2) The delay in closing was the result of circumstances that could not have been anticipated by and were outside the control of the project sponsor at the time the application was submitted by the project sponsor; and

(3) The project will be closed not later than 45 days after the Division receives the request.

(b) May terminate a reservation of transferable tax credits if the Division determines that any event, circumstance or condition occurs for which a reservation of federal low-income housing tax credits may be terminated. If transferable tax credits are terminated pursuant to this paragraph, the Division may issue a reservation for the amount of transferable tax credits terminated to other projects eligible for transferable tax credits in the order of the amount of transferable tax credit threshold points awarded to each such project pursuant to paragraph (a) of subsection 3.

Except as otherwise provided in this section, to be issued transferable tax credits:

(a) Not later than 270 days after the Division provides written notice of the reservation of transferable tax credits pursuant to subsection 4, the project sponsor must demonstrate to the Division that the project has been closed by providing proof satisfactory to the Division that the project sponsor has:

(1) Purchased and holds title in fee simple to the project site in the name of the project sponsor.

(2) Entered into a written agreement with a contractor who is licensed in this State to begin construction.

(3) Obtained adequate financing for the construction of the project. The applicant must provide written commitments or contracts from third parties.

(4) Executed a written commitment for a loan for permanent financing for the construction of the project in an amount that ensures the financial feasibility of the project. The commitment may be subject to the condition that the construction is completed and the project is appraised for an amount sufficient to justify the loan in accordance with the requirements of the lender for credit. If the project is a rural development project that receives loans or grants from the United States Department of Agriculture, the applicant must provide a form approved by the Division that indicates that money has been obligated for the construction of the project before the expiration of the period. An advance of that money is not required before the expiration of the period.

(b) Not less than 45 days before the project is closed, the project sponsor must submit to the Division a final application for transferable tax credits on a form provided by the Division and such other information as the Division deems necessary to determine whether the project qualifies for the issuance of transferable tax credits. Upon receipt of a final application pursuant to this paragraph, the Division shall complete a review of the project and the project sponsor. If, after such review, the Division determines that the project complies with the requirements upon which transferable tax credits were reserved pursuant to this section and a declaration of restrictive covenants and conditions will be recorded in the office of the county recorder for the county in which the project is located:

(1) The Division shall:

(I) Determine the appropriate amount of transferable tax credits for the project, which must be the amount the Division determines is necessary to make the project financially feasible after all other sources of funding are allocated and paid toward the final cost of the project and may not exceed the amount of transferable tax credits reserved for the project pursuant to this section; and

(II) Notify the project sponsor that the transferable tax credits will be issued;

(2) Within 30 days after the receipt of the notice, the project sponsor shall make an irrevocable declaration of the amount of transferable tax credits that will be applied to each fee or tax set forth in subsection 1, thereby accounting for all of the credits which will be issued; and

(3) Upon receipt of the declaration described in subparagraph (2), the Division shall issue transferable tax credits to the project sponsor in the amount approved by the Division. The project sponsor shall notify the Division upon transferring any transferable tax credits. An entity to which a project sponsor transfers any transferable tax credits may transfer those transferable tax credits to one or more of its subsidiaries or affiliates and shall notify the Division upon making any such transfer. The Division shall notify the Department of Taxation, the Office of Finance, the Fiscal Analysis Division of the Legislative Counsel Bureau and the Nevada Gaming Control Board of all transferable tax credits issued, segregated by each fee or tax set forth in subsection 1, and of all transferable tax credits transferred, segregated by each fee or tax set forth in subsection 1.

Upon completion of the project, the project sponsor shall submit to the Division a certification of costs on a form provided by the Division and such other information as the Division deems necessary to determine the final cost of the project. If, based upon the final cost of the project indicated in the certification of costs, the Division determines that the amount of transferable tax credits issued by the Division to the project sponsor is greater than the amount of transferable tax credits to which the project sponsor is entitled:

(a) The Division shall notify the project sponsor, the Department of Taxation, the Office of Finance, the Fiscal Analysis Division of the Legislative Counsel Bureau and the Nevada Gaming Control Board that the project sponsor is required to repay the portion of the transferable tax credits to which the project sponsor is not entitled. The notice must specify the amount of transferable tax credits that the project sponsor is required to repay.

(b) The project sponsor shall repay to the Department of Taxation or the Nevada Gaming Control Board, as applicable, the portion of the transferable tax credits to which the project sponsor is not entitled.

The project sponsor may submit a request to the Administrator of the Division to protect from disclosure any information in the application which, under generally accepted business practices, would be considered a trade secret or other confidential proprietary information of the business. After consulting with the business, the Administrator of the Division shall determine whether to protect the information from disclosure. The decision of the Administrator of the Division is final and is not subject to judicial review. If the Administrator of the Division determines to protect the information from disclosure, the protected information:

(a) Is confidential proprietary information of the business;

(b) Is not a public record;

(c) Must be redacted by the Administrator of the Division from any copy of the application that is disclosed to the public; and

(d) Must not be disclosed to any person who is not an officer or employee of the Division unless the lead participant consents to the disclosure.

The Division may adopt any regulations necessary to carry out the provisions of NRS 360.860 to 360.870 , inclusive.
The Nevada Tax Commission and the Nevada Gaming Commission:

(a) Shall adopt regulations prescribing the manner in which transferable tax credits described in this section will be administered.

(b) May adopt any other regulations that are necessary to carry out the provisions of NRS 360.860 to 360.870 , inclusive.

As used in this section:

(a) Affiliate means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with a specified person.

(b) Certification of costs means a report from an independent certified public accountant attesting:

(1) To the amount of the actual costs of construction of the project; and

(2) That those costs may be included in the eligible basis of the project pursuant to the provisions of 26 U.S.C. § 42.

(c) Subsidiary means an entity in which a person owns beneficially or of record 50 percent or more of the outstanding equity interests.

(d) Transferable tax credit threshold points means points awarded based on specific objectives determined by the Division through the dissemination of a strategic plan for the development of affordable housing created by the Division, the review of housing data and the receipt of input from persons interested in the development of affordable housing.

(Added to NRS by 2019, 3762 ; A 2021, 1041 )

NRS 361.221

NRS

361.221

Certification required; Appraisers Certification Board; examinations.

A person shall not perform the duties of an appraiser for purposes of the taxation of property as an employee of or as an independent contractor for the State or any of its political subdivisions unless the person holds a valid appraisers certificate issued by the Department. A person not so certified may collect data but shall not appraise value, and data so collected must be reviewed by a certified appraiser.
There is established an Appraisers Certification Board consisting of six members, three of whom must be chosen by majority vote of the several county assessors from persons who hold a valid appraisers certificate issued by the Department and three of whom must be appointed by the Nevada Tax Commission. This Board shall:

(a) Advise the Department on any matter pertaining to the certification and continuing education of appraisers who are subject to the provisions of this section; and

(b) Perform such other duties as are provided by law.

Each member of the Board is entitled to the per diem allowance and travel expenses provided for state officers and employees while attending meetings of the Board.
The Department may contract for the development and administration of the appropriate examinations. Except as provided in this subsection, an appraisers certificate must be issued to an applicant only if the applicant has passed the appropriate examination. The Department may charge each examinee a reasonable examination fee to recover the cost of the examination. An applicant who has a professional designation or certification recognized by the Board may, with the approval of the Board, be issued an appraisers certificate without examination.

(Added to NRS by 1975, 1653 ; A 1977, 317 ; 1983, 225 ; 1985, 893 ; 1997, 1571 )

NRS 37.036

NRS

37.036

Rights of owner of monorail; acquirer shall hold owner and operator harmless from liability.

If the State of Nevada or a city or county seeks to acquire through exercise, or the threat of exercise, of the power of eminent domain all or part of, or the right to operate, a monorail installed or operated pursuant to NRS 705.610 to 705.700 , inclusive, the owner is entitled, in addition to any other right provided by law:

(a) To adequate contractual assurance that, after acquisition, the acquirer will provide service, fares and performance conforming to those existing at the time of acquisition, for the period necessary to protect the usefulness of the monorail to the owner; and

(b) To approve any future deletions from or reconfigurations of the monorail, including passenger stations.

The acquirer shall hold the owner and operator harmless from any liability or claim arising after the acquisition from the operation or any change made in the installation of the monorail or from any act or omission of the acquirer or its employees, contractors or agents.

(Added to NRS by 1997, 2441 )

NRS 372.340

NRS

372.340

Personal property sold to or used by contractor who is constituent part of governmental, religious or charitable entity.

The taxes imposed under this chapter apply to the sale of tangible personal property to and the storage, use or other consumption in this State of tangible personal property by a contractor for a governmental, religious or charitable entity which is otherwise exempted from the tax unless the contractor is a constituent part of that entity.

[51:397:1955]—(Amended in 1986. Proposed by the 1985 Legislature; adopted by the people at the 1986 general election, effective January 1, 1987. See Statutes of Nevada 1985, p. 1563.)

NRS 372.7265

NRS

372.7265

Calculation of tax imposed on retail sale of large appliances.

In administering the provisions of this chapter, the Department shall calculate the amount of tax imposed on the retail sale of large appliances as follows:

(a) If the large appliance is sold separately or with installation or replacement services, or any combination thereof, the sales tax must be applied to the retail sales price of the large appliance to the customer. The sales tax does not apply to charges for or associated with installation and replacement if those charges are stated separately on the sales receipt or in the contract of sale.

(b) If the large appliance is sold as a constituent part of a contract for the construction or refurbishment of an improvement to real property or a mobile home, the sales tax must be paid by the contractor on the sales price of the large appliance to the contractor.

As used in this section:

(a) Contract for the construction or refurbishment of an improvement to real property means a contract for erecting, constructing or affixing a structure or other improvement to real property or a mobile home, including the remodeling, altering or repairing of an improvement to real property or a mobile home. The term does not include the sale, delivery, installation or replacement of one or more large appliances not included in a contract for erecting, constructing or affixing a structure or other improvement to real property or a mobile home.

(b) Large appliance includes, without limitation, a washing machine, dryer, range, stove, oven, dishwasher, refrigerator, freezer, ice maker and hot water dispenser.

(Added to NRS by 1997, 912 )

NRS 373.024

NRS

373.024

Cost of the project defined.

Cost of the project, or any phrase of similar import, means all or any part designated by the board or, in the case of a project financed with bonds or other securities issued by a commission, the commission, of the cost of any project, or interest therein, being acquired, which cost, at the option of the board or, in the case of a project financed with bonds or other securities issued by a commission, the commission, may include all or any part of the incidental costs pertaining to the project, including, without limitation, preliminary expenses advanced by the county or, in the case of a project financed with bonds or other securities issued by a commission, the commission, from money available for use therefor or any other source, or advanced by any city with the approval of the county from money available therefor or from any other source, or advanced by the State of Nevada or the Federal Government, or any corporation, agency or instrumentality thereof, with the approval of the county, or any combination thereof, in the making of surveys, preliminary plans, estimates of costs, other preliminaries, the costs of appraising, printing, estimates, advice, contracting for the services of engineers, architects, financial consultants, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the issuance of bonds and other securities, contingencies, the capitalization with bond proceeds of any interest on the bonds for any period not exceeding 1 year and of any reserves for the payment of the principal of an interest on the bonds, the filing or recordation of instruments, the costs of medium-term obligations, construction loans and other temporary loans of not exceeding 10 years appertaining to the project and of the incidental expenses incurred in connection with such financing or loans, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the board or, in the case of a project financed with bonds or other securities issued by a commission, the commission.

(Added to NRS by 1997, 2968 ; A 2011, 3318 )

NRS 374.345

NRS

374.345

Personal property sold to or used by contractor who is constituent part of governmental, religious or charitable entity.

The taxes imposed under this chapter apply to the sale of tangible personal property to and the storage, use or other consumption in this State of tangible personal property by a contractor for a governmental, religious or charitable entity which is otherwise exempted from the tax, unless the contractor is a constituent part of that entity.

(Added to NRS by 1967, 905 ; A 1983, 445 ; 2005, 1776 )

NRS 374.7275

NRS

374.7275

Calculation of tax imposed on retail sale of large appliances.

In administering the provisions of this chapter, the Department shall calculate the amount of tax imposed on the retail sale of large appliances as follows:

As used in this section:

(b) Large appliance includes, without limitation, a washing machine, dryer, range, stove, oven, dishwasher, refrigerator, freezer, ice maker and hot water dispenser.

(Added to NRS by 1997, 913 )

NRS 379.025

NRS

379.025

Powers and duties of trustees of consolidated, county, district, town or other public library.

Except as otherwise provided in subsection 2, the trustees of any consolidated, county, district, town or other public library, and their successors, shall:

(a) Establish, supervise and maintain a library.

(b) Appoint, evaluate the performance of and, if necessary, dismiss a librarian or, in the case of a consolidated library district, an executive director.

(1) Establish the educational qualifications of the executive director, which may include, without limitation, holding a masters degree in library and information science.

(2) Appoint, evaluate the performance of and, if necessary, dismiss an internal auditor.

(d) Hold and possess the property and effects of the library in trust for the public.

(e) In the case of a county library, submit annual budgets to the board of county commissioners, containing detailed estimates of the amount of money necessary for the operation and management of the library for the next succeeding year.

(f) In the case of a consolidated, district or town library, prepare annual budgets in accordance with NRS 354.470 to 354.626 , inclusive.

(g) In the case of a consolidated library district:

(1) Administer any separate account established pursuant to NRS 354.603 .

(2) Annually submit a budget to the board of county commissioners and governing body of the city for joint review and recommendation, which must contain detailed priorities and estimates of the amount of money necessary for the operation and management of the consolidated library district for the next succeeding year. Unless a majority of the members of the board of county commissioners and a majority of the members of the governing body of the city reject the budget within 21 days after it is submitted to them, the trustees shall cause copies of the final budget to be submitted to the board of county commissioners for attachment to the copy of the final budget for the county which is filed pursuant to NRS 354.59801 , and to the governing body of the city for attachment to the copy of the final budget for the city which is filed pursuant to NRS 354.59801 . If the budget is so rejected, the trustees shall resubmit a revised budget for joint review pursuant to this subparagraph.

(3) Submit quarterly reports to the board of county commissioners and governing body of the city concerning the budget and the programs of the library, and provide any additional information requested by either governing body as soon as is reasonably practicable after receiving the request.

(h) In the case of a district library, administer any separate account established pursuant to NRS 354.603 .

(i) Establish bylaws and regulations for the management of the library and their own management.

(j) Manage all the property, real and personal, of the library.

(k) Acquire and hold real and personal property, by gift, purchase or bequest, for the library.

(l) Administer any trust declared or created for the library.

(m) Maintain or defend any action in reference to the property or affairs of the library.

The trustees may:

(a) Make purchases and secure rooms.

(b) Authorize the merger or, subject to the limitations in NRS 379.0221 , the consolidation of a town or city library with a county library district.

(d) Enter into a lease or lease-purchase agreement respecting real or personal property.

(e) Convey property to a person where the purpose of the conveyance is the entering into of an agreement contemplated by paragraph (d).

(f) Do all acts necessary for the orderly and efficient management and control of the library.

If a lease or lease-purchase agreement entered into pursuant to paragraph (d) of subsection 2 involves the construction, alteration, repair or remodeling of an improvement:

(a) Any person or entity that executes one or more contracts or agreements for the actual construction, alteration, repair or remodeling of the improvement shall include in such a contract or agreement the contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to the provisions of NRS 338.013 to 338.090 , inclusive.

(b) The trustees, the owner of the improvement or proposed improvement, any contractor who is awarded a contract or entered into an agreement to perform the construction, alteration, repair or remodeling of the improvement and any subcontractor on the project shall comply with the provisions of NRS 338.013 to 338.090 , inclusive, in the same manner as if the trustees had undertaken the project or had awarded the contract.

The trustees shall, as a primary goal of the consolidated library district, provide the library facilities, resources and trained staff to meet the informational needs of all residents of the district.

(Added to NRS by 1959, 328 ; A 1967, 1060 ; 1969, 492 ; 1981, 999 ; 1985, 9 ; 1989, 614 ; 1993, 2548 ; 1995, 2202 ; 2011, 2729 ; 2017, 517 ; 2021, 945 )

NRS 379.060

NRS

379.060

Extension of services of consolidated, county or district library: Contracts with counties, cities, towns and school districts.

The trustees of any consolidated, county or district library shall cooperate with and enter into contracts with the board of county commissioners of any other county, or with any city or town in any other county, or with any school district, when necessary to secure to the residents of the other county, or to the residents of the city or town in the other county, or to the pupils of the school district, the same privileges of the consolidated, county or district library as are granted to or enjoyed by the residents of the county or consolidated or county library district, or such privileges as may be agreed upon in the contract. The consideration agreed upon must be specified in the contract, and must be paid into the consolidated, county or district library fund or a special fund for library purposes of the county providing the service.
Any contracting county, city, town or school district may terminate any contract which may be entered into upon such terms as may be agreed upon by the parties thereto.
Any county, city or town wherein a library has been established may cooperate with and contract with the trustees of any consolidated, county, district or town library to obtain for the residents of the county, city or town an increase in library services or such privileges as may be agreed upon.
The trustees of any consolidated, county or district library may cooperate with and contract with the board of county commissioners of any other county, relative to any phase of library service.
Any county, city or town contracting for library service may at any time establish a library for the use of its inhabitants, whereupon its contract for service may be continued or terminated on such terms as may be agreed upon by the parties thereto.
The tax-levying body of any county, city or town contracting to receive library services may budget for and levy a tax to meet the terms of the contract. The board of trustees of a school district may budget to meet the terms of the contract.
The trustees of the consolidated, county or district library providing services may expend any amounts received in consideration of any such contract in addition to the amount budgeted for the consolidated, county or district library.

[1:144:1945; A 1956, 213 ] + [2:144:1945; 1943 NCL § 5598.02] + [3:144:1945; 1943 NCL § 5598.03] + [4:144:1945; 1943 NCL § 5598.04]—(NRS A 1959, 279 ; 1961, 168 ; 1967, 1062 ; 1981, 1000 ; 1985, 11 )

NRS 379.105

NRS

379.105

Governing authority of city library: Governing body of city or trustees; powers and duties of governing authority.

The governing body of the city shall determine whether:

(a) To constitute itself the governing authority of the city library; or

(b) To appoint a board of trustees as such governing authority.

If library trustees are appointed, they and their successors shall:

(a) Establish, supervise and maintain a library.

(b) Appoint a librarian.

(d) Submit annual budgets to the governing body of the city, containing detailed estimates of the amount of money necessary for the operation and management of the library for the next succeeding year.

(e) Establish bylaws and regulations for the management of the library and their own management.

(f) Manage all the property, real and personal, of the library.

(g) Acquire and hold real and personal property, by gift, purchase or bequest, for the library.

(h) Administer any trust declared or created for the library.

(i) Maintain or defend any action in reference to the property or affairs of the library.

If appointed, the library trustees may:

(a) Make purchases and secure rooms.

(b) Authorize the merger of a city library with a county library district.

(d) Convey property to a person where the purpose of the conveyance is the entering into of an agreement contemplated by paragraph (c).

(e) Do all acts necessary for the orderly and efficient management and control of the library.

If a lease or lease-purchase agreement entered into pursuant to paragraph (c) of subsection 3 involves the construction, alteration, repair or remodeling of an improvement:

(b) The library trustees, the owner of the improvement or proposed improvement, any contractor who is awarded a contract or entered into an agreement to perform the construction, alteration, repair or remodeling of the improvement and any subcontractor on the project shall comply with the provisions of NRS 338.013 to 338.090 , inclusive, in the same manner as if the library trustees had undertaken the project or had awarded the contract.

The governing authority has all the powers and duties with respect to the city library that district library trustees have with respect to a district library.

(Added to NRS by 1959, 328 ; A 1965, 747 ; 1967, 1063 ; 1969, 493 ; 1981, 1001 ; 2017, 519 )

NRS 381.0033

NRS

381.0033

Budgeting, expenditure and accounting of money in Dedicated Trust Fund.

Except as otherwise provided in subsection 2:

(a) The private money must be budgeted and expended, within any limitations which may have been specified by particular donors, at the discretion of the Board.

(b) The Board or its designee shall submit a report to the Interim Finance Committee semiannually concerning the investment and expenditure of the private money in such form and detail as the Interim Finance Committee determines is necessary.

(c) A separate statement concerning the anticipated amount and proposed expenditures of the private money must be submitted to the Chief of the Budget Division of the Office of Finance for his or her information at the same time and for the same fiscal years as the proposed budget of the Department submitted pursuant to NRS 353.210 . The statement must be attached to the proposed budget of the Department when it is submitted to the Legislature.

Any private money which the Board authorizes for use in funding all or part of a classified or unclassified position or an independent contractor must be included in the budget prepared for the Department pursuant to chapter 353 of NRS. The Board shall transfer to the State Treasurer for deposit in the appropriate general fund budget account of the Division any money necessary to pay the payroll costs for the positions that it has agreed to partially or fully fund from private money. The money must be transferred on a regular basis at such times as the State Treasurer determines is necessary.

(Added to NRS by 1989, 1518 ; A 1993, 1585 )

NRS 381.0035

NRS

381.0035

Private money exempt from statutory requirements governing expenditure of public money; independent contractors.

The statutory requirements on the expenditure of public money in chapters 333 , 338 and 341 of NRS do not apply to the expenditure of private money.
The Board may authorize independent contractors which may be funded in whole or in part from private money.

(Added to NRS by 1989, 1519 ; A 2005, 1091 )

NRS 383.121

NRS

383.121

Intergovernmental cooperation required; notice to Office; procedure for notice to and consultation with Indian tribes and development of resolution relating to prehistoric native Indian human remains and funerary objects on property; notice of requirements to private contractors.

All departments, commissions, boards and other agencies of the State and its political subdivisions shall cooperate with the Office in order to salvage or preserve historic, prehistoric or paleoenvironmental evidence located on property owned or controlled by the United States, the State of Nevada or its political subdivisions. The Office shall consult with Indian tribes in order to salvage or preserve prehistoric native Indian human remains or funerary objects located on such property.
Except as otherwise provided in subsection 10, when any agency of the State or its political subdivisions is preparing or has contracted to excavate or perform work of any kind on property owned or controlled by the United States, the State of Nevada or its political subdivisions which may endanger historic, prehistoric or paleoenvironmental evidence found on the property, or when any artifact, site or other historic or prehistoric evidence is discovered in the course of such excavation or work, the agency or the contractor hired by the agency shall notify the Office and cooperate with the Office to the fullest extent practicable, within the appropriations available to the agency or political subdivision for that purpose, to preserve or permit study of such evidence before its destruction, displacement or removal.
Upon receiving notice pursuant to subsection 2 of the potential endangerment of or the discovery of prehistoric native Indian human remains or a funerary object, the Office shall immediately notify, in writing, and initiate consultation with any Indian tribe:

(a) Who is or is likely to be culturally affiliated with the prehistoric native Indian human remains or funerary object;

(b) On whose aboriginal lands the prehistoric native Indian human remains or funerary object was discovered; or

(c) Who is reasonably known to have a direct cultural relationship to the prehistoric native Indian human remains or funerary object.

The written notice must include a proposed time and place for the consultation with the Office.
Except as otherwise provided in subsection 6, within 10 days after the notice is given by the Office, the Office shall consult with the Indian tribe which has the closest cultural affiliation to the prehistoric native Indian human remains or funerary object as determined by the Office.
Failure of an Indian tribe to respond within 10 days after notice has been given to the Indian tribe pursuant to subsection 3 shall be deemed a waiver of the requirement for consultation with the Indian tribe.
After the period for consultation described in subsection 5, the Office shall, to the fullest extent practicable, within the appropriations available to the agency of the State or its political subdivision described in subsection 2, develop a resolution for the affected property that is consistent with the standard of preservation described in the Secretary of the Interiors Standards and Guidelines for Archeology and Historic Preservation as set forth in 48 Federal Register 44716 on September 29, 1983, and any amendments thereto.
The provisions of this section must be made known to all private contractors performing such excavation or work for any agency of the State or its political subdivisions.
The provisions of subsections 3 to 7, inclusive, do not apply to an agency of the State or its political subdivisions, with respect to prehistoric native Indian human remains or funerary objects, if the preparation or contract to excavate or perform work described in subsection 2 is subject to an existing agreement with:

(a) The closest culturally affiliated Indian tribe that relates to the discovery of prehistoric native Indian human remains or a funerary object; or

(b) A federal agency that was executed pursuant to federal law and that relates to the discovery of prehistoric native Indian human remains or a funerary object.

The requirements set forth in NRS 383.150 to 383.180 , inclusive, apply if an Indian burial site, as defined in NRS 383.150 , is disturbed.

(Added to NRS by 1977, 1359 ; A 1993, 1593 ; 2017, 3543 )

NRS 384.050

NRS

384.050

Appointment, qualifications and compensation of members of Commission; officers; allowances and expenses for members and employees.

The Governor shall appoint to the Commission:

(a) One member who is a county commissioner of Storey County.

(b) One member who is a county commissioner of Lyon County.

(c) One member who is the Administrator or an employee of the Office of Historic Preservation of the State Department of Conservation and Natural Resources.

(d) Two members who are persons licensed as general engineering contractors or general building contractors pursuant to chapter 624 of NRS or persons who hold a certificate of registration to practice architecture pursuant to chapter 623 of NRS.

(e) Four members who are persons interested in the protection and preservation of structures, sites and areas of historic interest and are residents of the district.

The Commission shall elect one of its members as Chair and another as Vice Chair, who shall serve for a term of 1 year or until their successors are elected and qualified.
Each member of the Commission is entitled to receive a salary of not more than $80, as fixed by the Commission, for each days attendance at a meeting of the Commission.
While engaged in the business of the Commission, each member and employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

(Added to NRS by 1969, 1636 ; A 1971, 285 ; 1973, 667 ; 1977, 1213 ; 1979, 639 ; 1981, 1981 ; 1985, 418 ; 1989, 1713 ; 1993, 1594 ; 2001, 934 , 1654 ;

2011, 2982 )

NRS 386.353

NRS

386.353

Determination of feasibility of consolidation or sharing of services, functions or personnel with other school districts; authorization to consolidate or share services; Committee on Local Government Finance required to adopt regulations to carry out section.

The board of trustees of each school district in this State shall determine whether any services, functions or personnel may be feasibly consolidated or shared with one or more other school districts in this State. Services, functions or personnel that the board of trustees may consolidate or share with another school district include, without limitation:

(a) Purchasing;

(b) Accounting;

(d) Transportation;

(e) Chief financial officer;

(f) Human resources director; and

(g) Superintendent of schools.

Based on the determination made pursuant to subsection 1, the board of trustees may consolidate or share any service, function or personnel with another school district. Nothing in this section requires a board of trustees of a school district to enter into a cooperative agreement for the consolidation or sharing of services, functions or personnel with one or more school districts. The board of trustees may establish any cost-effective and efficient method for the sharing or consolidation of services or personnel.
Except as otherwise provided in this subsection, if the board of trustees enters into an agreement with one or more school districts for the consolidation or sharing of services, functions or personnel, the board of trustees may join in any applicable contracts of the other school district. The board of trustees shall not join in a contract pursuant to this subsection if a contractors license issued pursuant to chapter 624 of NRS is required for any portion of the work to be performed under the contract.
The Committee on Local Government Finance created pursuant to NRS 354.105

shall adopt such regulations that are necessary or proper to assist the boards of trustees in carrying out the provisions of this section. Such regulations must include, without limitation:

(a) Procedures and guidelines for how boards of trustees may efficiently and effectively consolidate or share services, functions and personnel with other school districts. Such procedures and guidelines should provide direction to the boards of trustees on ways to prepare contracts or other agreements necessary to implement the provisions of this section.

(b) In the case of sharing personnel with other school districts, procedures for sharing the costs of the payment of premiums or contributions for employee benefits, including, without limitation, retirement, life insurance and health benefits.

(Added to NRS by 2011, 827 ; A 2013, 69 )

NRS 386.426

NRS

386.426

Appointment and duties of chief and subordinate integrated pest management coordinators.

The superintendent of each school district:

(a) Shall appoint a chief integrated pest management coordinator to carry out the integrated pest management policy established pursuant to NRS 386.424 ; and

(b) May appoint subordinate integrated pest management coordinators to assist the chief integrated pest management coordinator in the performance of his or her duties.

An employee of the school district may be appointed as the chief integrated pest management coordinator or subordinate integrated pest management coordinator pursuant to subsection 1.
Not later than 90 days after appointing a chief or subordinate integrated pest management coordinator, the superintendent shall report to the Department:

(a) The name, address, telephone number and electronic mail address of the integrated pest management coordinator;

(b) The effective date of the appointment; and

A chief or subordinate integrated pest manager appointed pursuant to this section shall:

(a) Oversee any staff who are responsible for pest and weed control and ensure proper training of such staff in accordance with NRS 386.428 and the pest management policy established pursuant to NRS 386.424 ;

(b) Oversee the work of any contractor who is engaged to provide pest and weed control;

(c) Communicate with school administrators, the superintendent of the school district and the board of trustees of the school district concerning planned activities to control pests and weeds; and

(d) Ensure compliance with the integrated pest management policy established pursuant to NRS 386.424 , including, without limitation, the system for maintaining records and the procedure prescribed in the policy for providing notification before the application of a pesticide or herbicide on property belonging to the school district.

(Added to NRS by 2019, 1941 )

NRS 387.551

NRS

387.551

Joint operation and maintenance: Powers of districts.

Subject to any contractual provisions between the county school districts, including, without limitation, a compact entered into pursuant to NRS 387.563 , if applicable, such county school districts hereby are jointly and severally authorized and empowered to:

(a) Operate and maintain the facility or project upon its completion;

(b) Extend, better, alter, reconstruct, repair and otherwise improve the facility or project;

(d) Sell, lease, exchange, transfer, assign or otherwise dispose of property pertaining to the facility or project which no longer is necessary or desirable for use in connection therewith;

(e) Insure or provide for public liability insurance, property damage insurance and other insurance for the facility or project, or any part thereof, or any activity in connection therewith, against such risks and hazards as either or both county school districts may deem advisable;

(f) Receive, control, invest and order the expenditure of any money pertaining to the facility or project;

(g) Arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works or facilities for, or in connection with, the facility, and to assign, reassign and transfer any personnel of either county school district for the performance of duties in connection with the facility or project;

(h) Make available for temporary use or otherwise dispose of any machinery, equipment, facilities and other property for the facility or project;

(i) Make and keep records in connection with the facility or project;

(j) Arbitrate any differences arising in connection with the facility or project;

(k) Commence, defend, conduct, terminate by settlement or otherwise, and otherwise participate in any litigation or other court, judicial or quasi-judicial action, by suit, action, mandamus or other proceedings, concerning the facility or project;

(l) Use for or in connection with the facility or project money, land and other real and personal property legally available therefor of either county school district not originally acquired therefor;

(m) Levy and collect from year to year for use for or in connection with the facility or project general (ad valorem) property taxes in the manner provided by law, including, without limitation, the payment of indebtedness incurred therefor;

(n) Budget and appropriate, and each county school district is hereby required and directed to budget and appropriate, from time to time, general (ad valorem) tax proceeds and other revenues legally available therefor to pay all obligations arising from the exercise of any powers herein granted as such obligations shall accrue and become due;

(o) Make contracts and execute all instruments necessary or convenient, including, without limitation, contracts with the Federal Government and the State;

(p) Acquire any construction work, improvement or improvements of any nature in connection with the facility or project in the manner provided by law;

(q) Prescribe and enforce reasonable rules and regulations for the use of the facility or project;

(r) Provide for an agency, by any agreement authorized in NRS 387.531 to 387.591 , inclusive, to administer or execute that or any collateral agreement, which agency may be one of the parties to the agreement, or an advisory council, a commission or a board constituted pursuant to the agreement;

(s) Provide that any such agency shall possess the common power specified in the agreement, and may exercise it in the manner or according to the method provided in the agreement, but such power is subject to the restrictions upon the manner of exercising the power of any one of the contracting parties as designated by the agreement;

(t) Continue any agreement herein authorized for a definite term not exceeding 50 years, or until rescinded or terminated, which agreement may provide for the method by which it may be rescinded or terminated by any party;

(u) Exercise all or any part or combination of the powers herein granted; and

(v) Do and perform any and all other acts and things necessary, convenient, desirable or appropriate to carry out the provisions of NRS 387.531 to 387.591 , inclusive, and to have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in NRS 387.531

to 387.591 , inclusive.

The specific powers in subsection 1 must not be considered as a limitation upon any power necessary, convenient, desirable or appropriate to carry out the purposes and intent of NRS 387.531 to 387.591 , inclusive.

(Added to NRS by 1971, 527 ; A 2007, 374 )

NRS 391.875

NRS

391.875

Prohibition on assisting person who has engaged in sexual misconduct with minor or pupil to obtain new employment at public school; exception; regulations.

Except as otherwise provided in subsection 2, the Department, a local educational agency or an employee, contractor or agent thereof who works at a public school shall not assist an employee, contractor or agent who works at a school to obtain new employment, apart from the routine transmission of administrative and personnel files, if the person or entity has actual or constructive knowledge that such an employee, contractor or agent has engaged in sexual misconduct regarding a minor or pupil.
The provisions of subsection 1 do not apply if:

(a) The information giving rise to actual or constructive knowledge has been properly reported to a law enforcement agency with jurisdiction over the alleged misconduct and any other authorities required by federal, state or local law, including, without limitation, Title IX of the Education Amendments Act of 1972, 20 U.S.C. §§ 1681 et seq., and any regulations adopted pursuant thereto, and the matter has been officially closed, or the District Attorney or law enforcement agency with jurisdiction over the alleged misconduct has investigated the allegations and notified school officials that there is insufficient information to establish that the employee, contractor or agent engaged in sexual misconduct regarding a minor or pupil;

(b) The employee, contractor or agent has been charged with and acquitted or otherwise exonerated of the alleged misconduct; or

(c) The case or investigation remains open and there have been no charges filed against, or indictment of, the employee, contractor or agent within 4 years after the date on which the information was reported to a law enforcement agency.

The State Board may adopt regulations to enforce the provisions of this section.

(Added to NRS by 2017, 3969 )

NRS 391.885

NRS

391.885

Certain applicants for employment to submit additional information regarding prior employment; action based on such information must be brought in State; penalties for providing false or incomplete information.

In addition to fulfilling the requirements for employment prescribed by NRS 388A.323 , 388A.515 , 388C.200 , 391.104 or 391.281 , as applicable, or fulfilling the requirements for the issuance of a license prescribed by NRS 391.033 , any applicant for employment with a school district, charter school or university school for profoundly gifted pupils who may have direct contact with pupils must, as a condition to employment, submit to the board of trustees of the school district, governing body of the charter school or governing body of the university school for profoundly gifted pupils with which the applicant seeks to obtain employment, on a form prescribed by the Department:

(a) The name, address and telephone number for the applicants current employer, any former employer of the applicant that was a school or school district and any other former employer with whom the applicant was employed in a position that involved direct contact with children;

(b) Any other contact information for an employer or former employer described in paragraph (a) prescribed by the board of trustees of the school district, governing body of the charter school or governing body of the university school for profoundly gifted pupils with which the applicant seeks to obtain employment;

(c) Written authorization for an employer or former employer described in paragraph (a) to release the information prescribed in NRS 391.890 ; and

(d) A written statement indicating whether the applicant has:

(1) Except as otherwise provided in this subparagraph, been the subject of an investigation concerning an alleged sexual offense conducted by an employer, licensing agency, law enforcement agency, agency which provides child welfare services, agency which provides child protective services or a similar agency. The applicant is not required to provide the information described in this subparagraph if, after investigating the alleged violation, the employer or agency determined that the allegations were false, unfounded, unsubstantiated or inconclusive.

(2) Been discharged, disciplined, had a contract not renewed, asked to resign from employment, resigned from employment or otherwise separated from employment while an investigation concerning an alleged sexual offense was pending or upon conclusion of such an investigation, and was found, upon conclusion of the investigation, to have committed the sexual offense.

(3) Had a license or certificate suspended or revoked or has been required to surrender a license or certificate while an investigation concerning an alleged sexual offense was pending or upon conclusion of such an investigation and was found, upon conclusion of the investigation, to have committed the sexual offense.

Any action brought by an applicant for employment described in subsection 1 against a board of trustees, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils, or an employee thereof, which is based upon information obtained by the board of trustees or the governing body with which the applicant seeks employment to determine the fitness of the applicant for employment, including, without limitation, an action for defamation, must be brought in a court in the State of Nevada and governed by the laws of this State. The provisions of this subsection shall not be deemed to waive any immunity from liability to which the board of trustees or governing body, as applicable, or employee thereof, is entitled.
An applicant for employment with an independent contractor of a school district, charter school or university school for profoundly gifted pupils who may have direct contact with pupils must, before having direct contact with pupils, submit to the independent contractor on a form prescribed by the Department:

(a) The information described in paragraphs (a), (c) and (d) of subsection 1; and

(b) Any other contact information for the employers and former employers described in paragraph (a) of subsection 1 requested by the independent contractor with which the applicant seeks to obtain employment.

Any applicant for employment described in subsection 1 or 3 who knowingly provides false information or willfully fails to disclose any information required by this section:

(a) Is subject to discipline, including, without limitation, suspension or revocation of the persons license pursuant to NRS 391.330 or 391.750 , termination of employment or a civil penalty pursuant to NRS 391.930 ; and

(b) Is guilty of a misdemeanor.

(Added to NRS by 2017, 3970 )

NRS 391.890

NRS

391.890

Actions to be taken to verify information provided by applicant; employer or former employer required to provide such information; immunity from liability for providing information; penalties for willful failure to disclose information.

Upon receipt of the information required by NRS 391.885 , the board of trustees of a school district, governing body of a charter school, governing body of a university school for profoundly gifted pupils or independent contractor shall:

(a) Contact each employer and former employer described in paragraph (a) of subsection 1 of NRS 391.885 and request that the employer provide:

(1) The dates of employment of the applicant; and

(2) On a form prescribed by the Department, a written statement indicating whether the applicant has:

(I) Except as otherwise provided in this sub-subparagraph, been the subject of an investigation concerning an alleged sexual offense conducted by the employer. An employer or former employer is not required to provide the information described in this sub-subparagraph if, after investigating the alleged violation, the employer determined that the allegations were false, unfounded, unsubstantiated or inconclusive.

(II) Been discharged, disciplined, had a contract not renewed, asked to resign from employment, resigned from employment or otherwise separated from employment while an investigation concerning an alleged sexual offense was pending or upon conclusion of such an investigation and was found, upon conclusion of the investigation, to have committed the sexual offense.

(III) Had a license or certificate suspended or revoked or has been required to surrender a license or certificate while an investigation concerning an alleged sexual offense was pending or upon conclusion of such an investigation and was found, upon conclusion of the investigation, to have committed the sexual offense.

(b) Ensure that the applicant has a license authorizing him or her to teach or perform other educational functions at the level and, except as otherwise provided in NRS 391.125 , in the field for which he or she is applying for employment, if a license is required, and that the applicant is otherwise eligible for employment.

(c) Verify that the Department has not received notice, including, without limitation, notice provided pursuant to NRS 391.055 , that the applicant is a defendant in a criminal case.

An employer or former employer contacted by a board of trustees of a school district, governing body of a charter school, governing body of a university school for profoundly gifted pupils or independent contractor pursuant to paragraph (a) of subsection 1:

(a) Shall provide the information requested not later than 20 days after the date on which the board of trustees, governing body or independent contractor contacts the employer or former employer.

(b) Is immune from civil and criminal liability for any act relating to the provision of such information, unless the employer or former employer knowingly provides false information. Such information is privileged and must not be used as the basis for any action against the person or entity that provided the information.

Except as otherwise prohibited by federal or state law, an employer or former employer willfully fails to disclose any information required by subsection 1 is subject to discipline, including, without limitation, a civil penalty pursuant to NRS 391.930 .
In addition to the penalty set forth in subsection 3, a private school that willfully fails to disclose any information required by subsection 1 is subject to discipline, which may include, without limitation, being placed on a plan of corrective action by the Department.

(Added to NRS by 2017, 3971 )

NRS 391.895

NRS

391.895

Certain employers to provide additional information and records concerning former employee; exception; immunity from liability; penalties for willful failure to disclose information.

If a statement provided pursuant to paragraph (d) of subsection 1 of NRS 391.885

or subparagraph (2) of paragraph (a) of subsection 2 of NRS 391.890 indicates that the applicant meets any of the criteria prescribed in that paragraph or subparagraph, as applicable, the board of trustees of a school district, governing body of a charter school, governing body of a university school for profoundly gifted pupils or independent contractor who receives the statement shall request the employer that conducted the investigation concerning an alleged sexual offense, discharged, disciplined or dismissed the employee or asked the employee to resign from employment to provide additional information concerning the matter and all records related to the matter, including, without limitation, any documents relating to a disciplinary action taken against the employee, disciplinary records or documents used in the decision made by the employer concerning the investigation.

An employer contacted by the board of trustees of a school district, governing body of a charter school, governing body of a university school for profoundly gifted pupils or independent contractor pursuant to subsection 1:

(a) Except as otherwise provided in this subsection, shall provide the information requested not later than 60 days after the date on which the board of trustees, governing body or independent contractor contacts the employer.

(b) Is not required to disclose any information or records held by the school police of the school district, if the school district has school police officers.

(c) Is immune from civil and criminal liability to the same extent provided in paragraph (b) of subsection 2 of NRS 391.890 .

Except as otherwise prohibited by federal or state law, an employer who willfully fails to disclose any information required by subsection 1 is subject to discipline, including, without limitation, a civil penalty pursuant to NRS 391.930 .
In addition to the penalty set forth in subsection 3, a private school that willfully fails to disclose any information required by subsection 1 is subject to discipline, which may include, without limitation, being placed on a plan of corrective action by the Department.

(Added to NRS by 2017, 3972 )

NRS 391.900

NRS

391.900

Consideration of certain additional information provided by former employer of applicant; report of additional information to appropriate authority; immunity from liability for certain acts or omissions.

The board of trustees of a school district, governing body of a charter school, governing body of a university school for profoundly gifted pupils or independent contractor:

May consider the information submitted pursuant to NRS 391.885 , 391.890 and 391.895 when deciding whether to employ an applicant or continue to employ a person.
May report the information submitted pursuant to NRS 391.885 , 391.890 and 391.895 to the Department or a licensing agency, law enforcement agency, agency which provides child welfare services, agency which provides child protective services or a similar agency.
Shall not be held liable for any damages resulting from the failure of an entity not subject to the jurisdiction of this State to respond to a request for information pursuant to NRS 391.890 or 391.895 or any inaccuracy or omission in the information submitted to the school district, charter school, university school for profoundly gifted pupils or independent contractor pursuant to NRS 391.890 or 391.895 .
Is immune from civil or criminal liability for considering the information submitted pursuant to NRS 391.885 , 391.890 and 391.895 when deciding whether to employ an applicant or continue to employ a person.

(Added to NRS by 2017, 3973 )

NRS 391.905

NRS

391.905

Duties of independent contractor who employs a person who may have direct contact with pupils; required disclosures by independent contractor before assigning employee to public school; prohibition on assignment of employee upon objection.

An independent contractor of a school district, charter school or university school for profoundly gifted pupils who employs a person who may have direct contact with pupils shall:

(a) Maintain a record for each such employee that includes, without limitation, the information submitted pursuant to subsection 2 of NRS 391.885 and the information submitted pursuant to subsection 2 of NRS 391.890 ; and

(b) Upon request, provide the record maintained pursuant to paragraph (a) to the board of trustees of the school district, governing body of the charter school or governing body of the university school for profoundly gifted pupils, as applicable, for the school at which an employee has been assigned to perform work.

Before assigning an employee to perform work at a location where the employee may have direct contact with pupils, an independent contractor shall inform the board of trustees of the school district, governing body of the charter school or governing body of the university school for profoundly gifted pupils, as applicable, with which the employee will be assigned to perform work of any instance known in which the employee:

(a) Except as otherwise provided in this paragraph, has been the subject of an investigation concerning an alleged sexual offense conducted by an employer. A person is not required to provide the information described in this paragraph if, after investigating the alleged violation, the employer determined that the allegations were false, unfounded, unsubstantiated or inconclusive.

(b) Has ever been discharged, disciplined, had a contract not renewed, asked to resign from employment, resigned from employment or otherwise separated from employment while an investigation concerning an alleged sexual offense was pending or upon conclusion of such an investigation and was found, upon conclusion of the investigation, to have committed the sexual offense.

(c) Had a license or certificate suspended or revoked or has been required to surrender a license or certificate while an investigation concerning an alleged sexual offense was pending or upon conclusion of such an investigation and was found, upon conclusion of the investigation, to have committed the sexual offense.

An independent contractor may not assign an employee to perform work at a public school, charter school or university school for profoundly gifted pupils if the board of trustees of the school district in which the school is located, governing body of the charter school or governing body of the university school for profoundly gifted pupils, as applicable, objects to such an assignment upon receiving the notification required by subsection 2.

(Added to NRS by 2017, 3973 )

NRS 391.915

NRS

391.915

Certain rights not affected by provisions.

Nothing in NRS 391.850 to 391.930 , inclusive, shall be construed to:

Prevent a board of trustees of a school district, governing body of a charter school, governing body of a university school for profoundly gifted pupils or independent contractor from:

(a) Conducting further investigations of a prospective employee; or

(b) Requiring an applicant to submit additional information or authorizations beyond what is required by NRS 391.885 , 391.890 and 391.895 .

Prohibit a person or governmental entity from disclosing more information than is required by NRS 391.885 , 391.890 and 391.895 .
Relieve a person of a duty to report prescribed by NRS 432B.220 or any other provision of state or federal law.

(Added to NRS by 2017, 3974 )

NRS 391.920

NRS

391.920

Prohibition on agreement that affects the ability to obtain or provide information relating to suspected abuse or sexual misconduct; employer to maintain certain information in personnel file.

The board of trustees of a school district, governing body of a charter school, governing body of a university school for profoundly gifted pupils or the independent contractor of a school district, charter school or university school for profoundly gifted pupils shall not enter into an agreement that:

(a) Has the effect of suppressing information relating to an investigation concerning a report of suspected abuse or sexual misconduct by a current or former employee.

(b) Affects the ability of the school district, charter school, university school for profoundly gifted pupils or independent contractor to report suspected abuse or sexual misconduct to the appropriate authorities.

(c) Requires the school district, charter school, university school for profoundly gifted pupils or independent contractor to expunge information about allegations or findings of suspected abuse or sexual misconduct from any documents maintained by the school district, charter school, university school for profoundly gifted pupils or independent contractor unless, after investigating the alleged violation, the school district, charter school, university school for profoundly gifted pupils or independent contractor determines that the allegations were false, unfounded, unsubstantiated or inconclusive.

If an agreement requires the removal of a document from the personnel file of an employee, the employer must maintain the document with the agreement.
Any provisions in an agreement that violate the provisions of this section are void.

(Added to NRS by 2017, 3975 )

NRS 391.930

NRS

391.930

Civil penalties; Department to maintain list of independent contractors who have willfully violated certain provisions; prohibition against contracting with such independent contractors.

Any person who willfully violates any provision of NRS 391.850 to 391.930 , inclusive, is subject to a civil penalty of not more than $10,000 for each violation. This penalty must be recovered in a civil action, brought in the name of the State of Nevada by the Attorney General. In such an action, the Attorney General may recover reasonable attorneys fees and costs. If a civil penalty is imposed against an independent contractor for willfully violating any provision of NRS 391.850 to 391.930 , inclusive, the Attorney General shall, within 30 days after the imposition of the civil penalty, notify the Department of the name of the independent contractor.
The Department shall maintain a list of any independent contractors who have been found to have willfully violated the provisions of NRS 391.850 to 391.930 , inclusive, and make the list available, upon request, to the board of trustees of a school district, governing body of a charter school or governing body of a university school for profoundly gifted pupils.
The board of trustees of a school district, governing body of a charter school or governing body of a university school for profoundly gifted pupils shall not contract with an independent contractor who has been found to have willfully violated the provisions of NRS 391.850 to 391.930 , inclusive.

(Added to NRS by 2017, 3975 )

ADVISORY COMMITTEE ON THE SAFETY AND WELL-BEING OF PUBLIC SCHOOL STAFF

NRS 393.045

NRS

393.045

Confidentiality of blueprint of public school; conditions under which disclosure authorized.

Except as otherwise provided in NRS 239.0115 , a blueprint of a public school, including, without limitation, a charter school or university school for profoundly gifted pupils, or any revision thereto, is confidential and:

(a) Must be disclosed in its most current version to a public safety agency upon its request.

(b) May be disclosed, upon request, to:

(1) An architect registered pursuant to chapter 623 of NRS, a landscape architect registered pursuant to chapter 623A of NRS, a contractor licensed pursuant to chapter 624

of NRS, a professional engineer or professional land surveyor licensed pursuant to chapter 625 of NRS or a designated employee of any such architect, landscape architect, contractor, professional engineer or professional land surveyor who uses the blueprint in his or her professional capacity for a purpose related to the public school; or

(2) Any other person or governmental entity if necessary for a purpose related to the public school.

A person or governmental entity to which a blueprint is disclosed pursuant to this section shall not disclose the blueprint except pursuant to the provisions of NRS 239.0115 .
As used in this section, public safety agency means:

(a) A public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to prevent, control, extinguish or suppress fires;

(b) A law enforcement agency as defined in NRS 277.035 ; or

(Added to NRS by 2019, 1062 )

NRS 394.091

NRS

394.091

Operate defined.

Operate means to establish or maintain any facility in this state from or through which education or educational credentials are offered or granted, and includes contracting with any person, group or entity for the purpose of providing education or educational credentials.

(Added to NRS by 1975, 1499 )

NRS 396.926

NRS

396.926

Creation of Program; Millennium Scholarship Trust Fund; deposit and investment of money in Fund; administration by Treasurer; use of money in Fund.

The Governor Guinn Millennium Scholarship Program is hereby created for the distribution of the Governor Guinn Millennium Scholarships in accordance with NRS 396.911 to 396.945 , inclusive. The Millennium Scholarship Trust Fund is hereby created in the State Treasury. The State Treasurer may accept gifts, grants, bequests and donations for deposit in the Trust Fund.
The State Treasurer shall deposit in the Trust Fund:

(a) Forty percent of all money received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products;

(b) Forty percent of all money recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products; and

The State Treasurer shall administer the Trust Fund. As administrator of the Trust Fund, the State Treasurer, except as otherwise provided in this section:

(a) Shall maintain the financial records of the Trust Fund;

(b) Shall invest the money in the Trust Fund as the money in other state funds is invested;

(d) Shall maintain any instruments that evidence investments made with the money in the Trust Fund;

(e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and

(f) May perform any other duties necessary to administer the Trust Fund.

In addition to the investments authorized pursuant to paragraph (b) of subsection 3, the State Treasurer may, except as otherwise provided in subsection 5, invest the money in the Trust Fund in:

(a) Common or preferred stock of a corporation created by or existing under the laws of the United States or of a state, district or territory of the United States, if:

(1) The stock of the corporation is:

(I) Listed on a national stock exchange; or

(II) Traded in the over-the-counter market, if the price quotations for the over-the-counter stock are quoted by the National Association of Securities Dealers Automated Quotations System (NASDAQ);

(2) The outstanding shares of the corporation have a total market value of not less than $50,000,000;

(3) The maximum investment in stock is not greater than 25 percent of the book value of the total investments of the Trust Fund;

(4) Except for investments made pursuant to paragraph (c), the amount of an investment in a single corporation is not greater than 3 percent of the book value of the assets of the Trust Fund; and

(5) Except for investments made pursuant to paragraph (c), the total amount of shares owned by the Trust Fund is not greater than 5 percent of the outstanding stock of a single corporation.

(b) A pooled or commingled real estate fund or a real estate security that is managed by a corporate trustee or by an investment advisory firm that is registered with the Securities and Exchange Commission, either of which may be retained by the State Treasurer as an investment manager. The shares and the pooled or commingled fund must be held in trust. The total book value of an investment made under this paragraph must not at any time be greater than 5 percent of the total book value of all investments of the Trust Fund.

(c) Mutual funds or common trust funds that consist of any combination of the investments authorized pursuant to paragraph (b) of subsection 3 and paragraphs (a) and (b) of this subsection.

The State Treasurer shall not invest any money in the Trust Fund pursuant to subsection 4 unless the State Treasurer obtains a judicial determination that the proposed investment or category of investments will not violate the provisions of Section 9 of Article 8 of the Constitution of the State of Nevada. The State Treasurer shall contract for the services of independent contractors to manage any investments of the State Treasurer made pursuant to subsection 4. The State Treasurer shall establish such criteria for the qualifications of such an independent contractor as are appropriate to ensure that each independent contractor has expertise in the management of such investments.
All interest and income earned on the money in the Trust Fund must, after deducting any applicable charges, be credited to the Trust Fund. All claims against the Trust Fund must be paid as other claims against the State are paid.
Not more than 3 percent of the anticipated annual revenue to the State of Nevada from the settlement agreements with and civil actions against manufacturers of tobacco products anticipated for deposit in the Trust Fund may be used to pay the costs of administering the Trust Fund.
The money in the Trust Fund remains in the Fund and does not revert to the State General Fund at the end of any fiscal year.
Money in the Trust Fund may be used for the purposes set forth in NRS 396.914 to

396.945 , inclusive, or for any other purpose authorized by the Legislature.

(Added to NRS by 1999, 2751 ; A 2001, 2299 ; 2005, 22nd Special Session, 147 ; 2010, 26th Special Session, 12 )

NRS 397.020

NRS

397.020

Form and contents.

The form and contents of such compact shall be substantially as provided in this section and the effect of its provisions shall be interpreted and administered in conformity with the provisions of this chapter:

Western Regional Education Compact

The contracting states do hereby agree as follows:

ARTICLE 1

WHEREAS, The future of this Nation and of the Western States is dependent upon the quality of the education of its youth; and

WHEREAS, Many of the Western States individually do not have sufficient numbers of potential students to warrant the establishment and maintenance within their borders of adequate facilities in all of the essential fields of technical, professional, and graduate training, nor do all the states have the financial ability to furnish within their borders institutions capable of providing acceptable standards of training in all of the fields mentioned above; and

WHEREAS, It is believed that the Western States, or groups of such states within the region, cooperatively can provide acceptable and efficient educational facilities to meet the needs of the region and of the students thereof;

Now, therefore, the States of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington and Wyoming and the U.S. Pacific Territories and Freely Associated States do hereby covenant and agree as follows:

ARTICLE 2

Each of the compacting states pledges to each of the other compacting states faithful cooperation in carrying out all the purposes of this compact.

ARTICLE 3

The compacting states hereby create the Western Interstate Commission for Higher Education, hereinafter called the commission. Said commission shall be a body corporate of each compacting state and an agency thereof. The commission shall have all the powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states.

ARTICLE 4

The commission shall consist of three resident members from each compacting state. At all times one commissioner from each compacting state shall be an educator engaged in the field of higher education in the state from which the commissioner is appointed.

The commissioners from each state shall be appointed by the governor thereof as provided by law in such state. Any commissioner may be removed or suspended from office as provided by the law of the state from which the commissioner shall have been appointed.

The terms of each commissioner shall be four years; provided, however, that the first three commissioners shall be appointed as follows: one for two years, one for three years, and one for four years. Each commissioner shall hold office until his or her successor shall be appointed and qualified. If any office becomes vacant for any reason, the governor shall appoint a commissioner to fill the office for the remainder of the unexpired term.

ARTICLE 5

Any business transacted at any meeting of the commission must be by affirmative vote of a majority of the whole number of compacting states.

One or more commissioners from a majority of the compacting states shall constitute a quorum for the transaction of business.

Each compacting state represented at any meeting of the commission is entitled to one vote.

ARTICLE 6

The commission shall elect from its number a chair and a vice chair, and may appoint, and at its pleasure dismiss or remove, such officers, agents, and employees as may be required to carry out the purpose of this compact; and shall fix and determine their duties, qualifications and compensation, having due regard for the importance of the responsibilities involved.

The commissioners shall serve without compensation, but shall be reimbursed for their actual and necessary expenses from the funds of the commission.

ARTICLE 7

The commission shall adopt a seal and bylaws and shall adopt and promulgate rules and regulations for its management and control.

The commission may elect such committees as it deems necessary for the carrying out of its functions.

The commission shall establish and maintain an office within one of the compacting states for the transaction of its business and may meet at any time, but in any event must meet at least once a year. The chair may call such additional meetings and upon the request of a majority of the commissioners of three or more compacting states shall call additional meetings.

The commission shall submit a budget to the governor of each compacting state at such time and for such period as may be required.

The commission shall, after negotiations with interested institutions, determine the cost of providing the facilities for graduate and professional education for use in its contractual agreements throughout the region.

On or before the fifteenth day of January of each year, the commission shall submit to the governors and legislatures of the compacting states a report of its activities for the preceding calendar year.

The commission shall keep accurate books of account, showing in full its receipts and disbursements, and said books of account shall be open at any reasonable time for inspection by the governor of any compacting state or the designated representative of the governor. The commission shall not be subject to the audit and accounting procedure of any of the compacting states. The commission shall provide for an independent annual audit.

ARTICLE 8

It shall be the duty of the commission to enter into such contractual agreements with any institutions in the region offering graduate or professional education and with any of the compacting states as may be required in the judgment of the commission to provide adequate services and facilities of graduate and professional education for the citizens of the respective compacting states. The commission shall first endeavor to provide adequate services and facilities in the fields of dentistry, medicine, public health, and veterinary medicine, and may undertake similar activities in other professional and graduate fields.

For this purpose the commission may enter into contractual agreements:

(a) With the governing authority of any educational institution in the region, or with any compacting state, to provide such graduate or professional educational services upon terms and conditions to be agreed upon between contracting parties, and

(b) With the governing authority of any educational institution in the region or with any compacting state to assist in the placement of graduate or professional students in educational institutions in the region providing the desired services and facilities, upon such terms and conditions as the commission may prescribe.

It shall be the duty of the commission to undertake studies of needs for professional and graduate educational facilities in the region, the resources for meeting such needs, and the long-range effects of the compact on higher education; and from time to time to prepare comprehensive reports on such research for presentation to the Western Governors Conference and to the legislatures of the compacting states. In conducting such studies, the commission may confer with any national or regional planning body which may be established. The commission shall draft and recommend to the governors of the various compacting states, uniform legislation dealing with problems of higher education in the region.

For the purposes of this compact the word region shall be construed to mean the geographical limits of the several compacting states.

ARTICLE 9

The operating costs of the commission shall be apportioned equally among the compacting states.

ARTICLE 10

This compact shall become operative and binding immediately as to those states adopting it whenever five or more of the states of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming, Alaska, and Hawaii have duly adopted it prior to July 1, 1953. This compact shall become effective as to any additional states or territory adopting thereafter at the time of such adoption.

ARTICLE 11

This compact may be terminated at any time by consent of a majority of the compacting states. Consent shall be manifested by passage and signature in the usual manner of legislation expressing such consent by the legislature and governor of such terminating state. Any state may at any time withdraw from this compact by means of appropriate legislation to that end. Such withdrawal shall not become effective until two years after written notice thereof by the governor of the withdrawing state accompanied by a certified copy of the requisite legislative action is received by the commission. Such withdrawal shall not relieve the withdrawing state from its obligations hereunder accruing prior to the effective date of withdrawal. The withdrawing state may rescind its action of withdrawal at any time within the two-year period. Thereafter, the withdrawing state may be reinstated by application to and the approval by a majority vote of the commission.

ARTICLE 12

If any compacting state shall at any time default in the performance of any of its obligations assumed or imposed in accordance with the provisions of this compact, all rights, privileges and benefits conferred by this compact or agreements hereunder, shall be suspended from the effective date of such default as fixed by the commission.

Unless such default shall be remedied within a period of two years following the effective date of such default, this compact may be terminated with respect to such defaulting state by affirmative vote of three-fourths of the other member states.

Any such defaulting state may be reinstated by: (a) performing all acts and obligations upon which it has heretofore defaulted, and (b) application to and the approval by a majority vote of the commission.

(Added to NRS by 1959, 74 ; A 1969, 61 ; 2015, 1502 ; 2021, 2606 )

NRS 40.607

NRS

40.607

Builders warranty defined.

Builders warranty means a warranty issued or purchased by or on behalf of a contractor for the protection of a claimant. The term:

Includes a warranty contract issued by or on behalf of a contractor whose liability pursuant to the warranty contract is subsequently insured by a risk retention group that operates in compliance with chapter 695E of NRS and insures all or any part of the liability of a contractor for the cost to repair a constructional defect in a residence.
Does not include a policy of insurance for home protection as defined in NRS 690B.100 or a service contract as defined in NRS 690C.080 .

(Added to NRS by 1995, 2540 ; A 1997, 2717 ; 1999, 1440 ; 2019, 2259 )—(Substituted in revision for NRS 40.625)

NRS 40.620

NRS

40.620

Contractor defined.

Contractor means a person who, with or without a license issued pursuant to chapter 624 of NRS, by himself or herself or through the persons agents, employees or subcontractors:

Develops, constructs, alters, repairs, improves or landscapes a residence, appurtenance or any part thereof;
Develops a site for a residence, appurtenance or any part thereof; or
Sells a residence or appurtenance, any part of which the person, by himself or herself or through the persons agents, employees or subcontractors, has developed, constructed, altered, repaired, improved or landscaped.

(Added to NRS by 1995, 2539 ; A 1997, 2717 )

NRS 40.640

NRS

40.640

Liability of contractor.

In a claim to recover damages resulting from a constructional defect, a contractor is liable for the contractors acts or omissions or the acts or omissions of the contractors agents, employees or subcontractors and is not liable for any damages caused by:

The acts or omissions of a person other than the contractor or the contractors agent, employee or subcontractor;
The failure of a person other than the contractor or the contractors agent, employee or subcontractor to take reasonable action to reduce the damages or maintain the residence;
Normal wear, tear or deterioration;
Normal shrinkage, swelling, expansion or settlement; or
Any constructional defect disclosed to an owner before the owners purchase of the residence, if the disclosure was provided in language that is understandable and was written in underlined and boldfaced type with capital letters.

(Added to NRS by 1995, 2540 ; A 1997, 2718 )

NRS 40.645

NRS

40.645

Notice of defect: Required before commencement of or addition to certain actions; content; persons authorized to provide notice; exceptions.

Except as otherwise provided in this section and NRS 40.670 , before a claimant commences an action or amends a complaint to add a cause of action for a constructional defect against a contractor, subcontractor, supplier or design professional, the claimant:

(a) Must give written notice by certified mail, return receipt requested, to the contractor, at the contractors address listed in the records of the State Contractors Board or in the records of the office of the county or city clerk or at the contractors last known address if the contractors address is not listed in those records; and

(b) May give written notice by certified mail, return receipt requested, to any subcontractor, supplier or design professional known to the claimant who may be responsible for the constructional defect, if the claimant knows that the contractor is no longer licensed in this State or that the contractor no longer acts as a contractor in this State.

The notice given pursuant to subsection 1 must:

(a) Include a statement that the notice is being given to satisfy the requirements of this section;

(b) Specify in reasonable detail the defects or any damages or injuries to each residence or appurtenance that is the subject of the claim;

(c) Describe in reasonable detail the cause of the defects if the cause is known and the nature and extent that is known of the damage or injury resulting from the defects; and

(d) Include a signed statement, by each named owner of a residence or appurtenance in the notice, that each such owner verifies that each such defect, damage and injury specified in the notice exists in the residence or appurtenance owned by him or her. If a notice is sent on behalf of a homeowners association, the statement required by this paragraph must be signed under penalty of perjury by a member of the executive board or an officer of the homeowners association.

A representative of a homeowners association may send notice pursuant to this section on behalf of an association if the representative is acting within the scope of the representatives duties pursuant to chapter 116

or 117 of NRS.

Notice is not required pursuant to this section before commencing an action if:

(a) The contractor, subcontractor, supplier or design professional has filed an action against the claimant; or

(b) The claimant has filed a formal complaint with a law enforcement agency against the contractor, subcontractor, supplier or design professional for threatening to commit or committing an act of violence or a criminal offense against the claimant or the property of the claimant.

(Added to NRS by 1995, 2540 ; A 1997, 2718 ; 1999, 1440 ; 2003, 2042 ; 2015, 10 ; 2019, 2259 )

NRS 40.646

NRS

40.646

Notice of defect to be forwarded by contractor to subcontractor, supplier or design professional; effect of failure to forward notice; inspection of alleged defect; election to repair.

Except as otherwise provided in subsection 2, not later than 30 days after the date on which a contractor receives notice of a constructional defect pursuant to NRS 40.645 , the contractor shall forward a copy of the notice by certified mail, return receipt requested, to the last known address of each subcontractor, supplier or design professional whom the contractor reasonably believes is responsible for a defect specified in the notice.
If a contractor does not provide notice as required pursuant to subsection 1, the contractor may not commence an action against the subcontractor, supplier or design professional related to the constructional defect unless the contractor demonstrates that, after making a good faith effort, the contractor was unable to identify the subcontractor, supplier or design professional whom the contractor believes is responsible for the defect within the time provided pursuant to subsection 1.
Not later than 30 days after receiving notice from the contractor pursuant to this section, the subcontractor, supplier or design professional shall inspect the alleged constructional defect in accordance with NRS 40.6462 and provide the contractor with a written statement indicating:

(a) Whether the subcontractor, supplier or design professional has elected to repair the defect for which the contractor believes the subcontractor, supplier or design professional is responsible; and

(b) If the subcontractor, supplier or design professional elects to repair the defect, an estimate of the length of time required for the repair, and at least two proposed dates on and times at which the subcontractor, supplier or design professional is able to begin making the repair.

If a subcontractor, supplier or design professional elects to repair the constructional defect, the contractor or claimant may hold the subcontractor liable for any repair which does not eliminate the defect.

(Added to NRS by 2003, 2035 ; A 2015, 11 )

NRS 40.6462

NRS

40.6462

Access to residence or appurtenance with alleged defect after notice of defect is given.

After notice of a constructional defect is given to a contractor pursuant to NRS 40.645 , the claimant shall, upon reasonable notice, allow the contractor and each subcontractor, supplier or design professional who may be responsible for the alleged defect reasonable access to the residence or appurtenance that is the subject of the notice to determine the nature and extent of a constructional defect and the nature and extent of repairs that may be necessary. To the extent possible, the persons entitled to inspect shall coordinate and conduct the inspections in a manner which minimizes the inconvenience to the claimant.

(Added to NRS by 2003, 2036 ; A 2015, 12 )

NRS 40.647

NRS

40.647

Claimant required to allow inspection of and reasonable opportunity to repair defect; claimant or claimants expert required to be present at inspection; effect of noncompliance.

After notice of a constructional defect is given pursuant to NRS 40.645 , before a claimant may commence an action or amend a complaint to add a cause of action for a constructional defect against a contractor, subcontractor, supplier or design professional, the claimant must:

(a) Allow an inspection of the alleged constructional defect to be conducted pursuant to NRS 40.6462 ;

(b) Be present or have a representative of the claimant present at an inspection conducted pursuant to NRS 40.6462 and, to the extent possible, reasonably identify the proximate locations of the defects, damages or injuries specified in the notice; and

(c) Allow the contractor, subcontractor, supplier or design professional a reasonable opportunity to repair the constructional defect or cause the defect to be repaired if an election to repair is made pursuant to NRS 40.6472 .

If a claimant commences an action without complying with subsection 1 or NRS 40.645 , the court shall:

(a) Dismiss the action without prejudice and compel the claimant to comply with those provisions before filing another action; or

(b) If dismissal of the action would prevent the claimant from filing another action because the action would be procedurally barred by the statute of limitations or statute of repose, the court shall stay the proceeding pending compliance with those provisions by the claimant.

(Added to NRS by 2003, 2039 ; A 2015, 13 ; 2019, 2260 )

NRS 40.6472

NRS

40.6472

Response to notice of defect: Time for sending; content; effect of election to repair or not to repair.

Except as otherwise provided in NRS 40.670 and 40.672 , a written response must be sent by certified mail, return receipt requested, to a claimant who gives notice of a constructional defect pursuant to NRS 40.645 :

(a) By the contractor not later than 90 days after the contractor receives the notice; and

(b) If notice was sent to a subcontractor, supplier or design professional, by the subcontractor, supplier or design professional not later than 90 days after the date that the subcontractor, supplier or design professional receives the notice.

The written response sent pursuant to subsection 1 must respond to each constructional defect in the notice and:

(a) Must state whether the contractor, subcontractor, supplier or design professional has elected to repair the defect or cause the defect to be repaired. If an election to repair is included in the response and the repair will cause the claimant to move from the claimants home during the repair, the election must also include monetary compensation in an amount reasonably necessary for temporary housing or for storage of household items, or for both, if necessary.

(b) May include a proposal for monetary compensation, which may include contribution from a subcontractor, supplier or design professional.

If the claimant is a homeowners association, the association shall send a copy of the response to each member of the association not later than 30 days after receiving the response.
If the contractor, subcontractor, supplier or design professional has elected not to repair the constructional defect, the claimant or contractor may bring a cause of action for the constructional defect or amend a complaint to add a cause of action for the constructional defect.
If the contractor, subcontractor, supplier or design professional has elected to repair the constructional defect, the claimant must provide the contractor, subcontractor, supplier or design professional with a reasonable opportunity to repair the constructional defect.

(Added to NRS by 2003, 2037 ; A 2015, 13 )

NRS 40.648

NRS

40.648

Election to repair defect: Who may repair; manner for performing repairs; deadline for repair; extension of deadline; written statement of repairs performed.

If the response provided pursuant to NRS 40.6472 includes an election to repair the constructional defect:

(a) The repairs may be performed by the contractor, subcontractor, supplier or design professional, if such person is properly licensed, bonded and insured to perform the repairs and, if such person is not, the repairs may be performed by another person who meets those qualifications.

(b) The repairs must be performed:

(1) On reasonable dates and at reasonable times agreed to in advance with the claimant;

(2) In compliance with any applicable building code and in a good and workmanlike manner in accordance with the generally accepted standard of care in the industry for that type of repair; and

(3) In a manner which will not increase the cost of maintaining the residence or appurtenance than otherwise would have been required if the residence or appurtenance had been constructed without the constructional defect, unless the contractor and the claimant agree in writing that the contractor will compensate the claimant for the increased cost incurred as a result of the repair.

(c) Any part of the residence or appurtenance that is not defective but which must be removed to correct the constructional defect must be replaced.

(d) The contractor, subcontractor, supplier or design professional shall prevent, remove and indemnify the claimant against any mechanics liens and materialmens liens.

Unless the claimant and the contractor, subcontractor, supplier or design professional agree to extend the time for repairs, the repairs must be completed:

(a) Not later than 105 days after the date on which the notice of the constructional defect was received by the contractor, subcontractor, supplier or design professional if the notice of a constructional defect was received from four or fewer owners; or

(b) Not later than 150 days after the date on which the notice of the constructional defect was received by the contractor, subcontractor, supplier or design professional if the notice was received from five or more owners or from a representative of a homeowners association.

If repairs reasonably cannot be completed within the time set forth in subsection 2, the claimant and the contractor, subcontractor, supplier or design professional shall agree to a reasonable time within which to complete the repair. If the claimant and contractor, subcontractor, supplier or design professional cannot agree on such a time, any of them may petition the court to establish a reasonable time for completing the repair.
Any election to repair made pursuant to

NRS 40.6472 may not be made conditional upon a release of liability.

Not later than 30 days after the repairs are completed, the contractor, subcontractor, supplier or design professional who repaired or caused the repair of a constructional defect shall provide the claimant with a written statement describing the nature and extent of the repair, the method used to repair the constructional defect and the extent of any materials or parts that were replaced during the repair.

(Added to NRS by 2003, 2037 ; A 2015, 14 )

NRS 40.649

NRS

40.649

Notice of defect may be presented to insurer; duties of insurer.

If a contractor, subcontractor, supplier or design professional receives written notice of a constructional defect, the contractor, subcontractor, supplier or design professional may present the claim to an insurer which has issued a policy of insurance that covers all or any portion of the business of the contractor, subcontractor, supplier or design professional.
If the contractor, subcontractor, supplier or design professional presents the claim to the insurer pursuant to this section, the insurer:

(a) Must treat the claim as if a civil action has been brought against the contractor, subcontractor, supplier or design professional; and

(b) Must provide coverage to the extent available under the policy of insurance as if a civil action has been brought against the contractor, subcontractor, supplier or design professional.

A contractor, subcontractor, supplier or design professional is not required to present a claim to the insurer pursuant to this section, and the failure to present such a claim to the insurer does not relieve the insurer of any duty under the policy of insurance to the contractor, subcontractor, supplier or design professional.

(Added to NRS by 2003, 2040 )

NRS 40.650

NRS

40.650

Effect of rejecting reasonable offer of settlement; effect of failing to take certain actions concerning defect; effect of coverage available under homeowners warranty.

If a claimant unreasonably rejects a reasonable written offer of settlement made as part of a response pursuant to paragraph (b) of subsection 2 of NRS 40.6472 and thereafter commences an action governed by NRS 40.600 to 40.695 , inclusive, the court in which the action is commenced may:

(a) Deny the claimants attorneys fees and costs; and

(b) Award attorneys fees and costs to the contractor.

Ê Any sums paid under a builders warranty, other than sums paid in satisfaction of claims that are collateral to any coverage issued to or by the contractor, must be deducted from any recovery.

If a contractor, subcontractor, supplier or design professional fails to:

(a) Comply with the provisions of NRS 40.6472 ;

(b) Make an offer of settlement;

(d) Agree to a mediator or accept the appointment of a mediator pursuant to NRS 40.680 ; or

(e) Participate in mediation,

Ê the limitations on damages and defenses to liability provided in NRS 40.600 to 40.695 , inclusive, do not apply and the claimant may commence an action or amend a complaint to add a cause of action for a constructional defect without satisfying any other requirement of NRS 40.600 to 40.695 , inclusive.

If a residence or appurtenance that is the subject of the claim is covered by a builders warranty, a claimant shall diligently pursue a claim under the builders warranty.
Nothing in this section prohibits an offer of judgment pursuant to Rule 68 of the Nevada Rules of Civil Procedure or NRS 17.117 or 40.652 .

(Added to NRS by 1995, 2541 ; A 1997, 2719 ; 1999, 1442 ; 2003, 2044 ; 2015, 15 , 2565 ;

2019, 275 , 2260 )

NRS 40.652

NRS

40.652

Offer of judgment.

At any time after a claimant has given notice pursuant to NRS 40.645 and before the claimant commences an action or amends a complaint to add a cause of action for a constructional defect against a contractor, subcontractor, supplier or design professional, the claimant or any contractor, subcontractor, supplier or design professional who has received notice pursuant to NRS 40.645 or 40.646 may serve upon one or more other parties a written offer to allow judgment to be entered without action in accordance with the terms and conditions of the offer of judgment.
Except as otherwise provided in subsection 7, if, within 10 days after the date of service of an offer of judgment, the party to whom the offer was made serves written notice that the offer is accepted, the party who made the offer or the party who accepted the offer may file the offer, the notice of acceptance and proof of service with the clerk of the district court. Upon receipt by the clerk, the clerk shall enter a judgment according to the terms of the offer. Any judgment entered pursuant to this section shall be deemed a compromise settlement. The judgment, the offer, the notice of acceptance and proof of service, with the judgment endorsed, become the judgment roll.
If the offer of judgment is not accepted pursuant to subsection 2 within 10 days after the date of service, the offer shall be deemed rejected by the party to whom it was made and withdrawn by the party who made it. The rejection of an offer does not preclude any party from making another offer pursuant to this section. Evidence of a rejected offer is not admissible in any proceeding other than a proceeding to determine costs and fees.
Except as otherwise provided in this section, if a party who rejects an offer of judgment fails to obtain a more favorable judgment in an action for a constructional defect, the court:

(a) May not award to the party any costs or attorneys fees;

(b) May not award to the party any interest on the judgment for the period from the date of service of the offer to the date of entry of the judgment;

(d) May order the party to pay to the party who made the offer any or all of the following:

(1) A reasonable sum to cover any costs incurred by the party who made the offer for each expert witness whose services were reasonably necessary to prepare for and conduct the trial of the case.

(2) Any applicable interest on the judgment for the period from the date of service of the offer to the date of entry of the judgment.

(3) Reasonable attorneys fees incurred by the party who made the offer for the period from the date of service of the offer to the date of entry of the judgment. If the attorney of the party who made the offer is collecting a contingent fee, the amount of any attorneys fees awarded to the party pursuant to this subparagraph must be deducted from that contingent fee.

To determine whether a party who rejected an offer of judgment failed to obtain a more favorable judgment:

(a) If the offer provided that the court would award costs, the court must compare the amount of the offer with the principal amount of the judgment, without inclusion of costs.

(b) If the offer precluded a separate award of costs, the court must compare the amount of the offer with the sum of:

(1) The principal amount of the judgment; and

(2) The amount of taxable costs that the claimant who obtained the judgment incurred before the date of service of the offer.

Multiple parties may make a joint offer of judgment pursuant to this section.
A party may make to two or more other parties pursuant to this section an apportioned offer of judgment that is conditioned upon acceptance by all the parties to whom the apportioned offer is made. Each party to whom such an offer is made may serve upon the party who made the offer a separate written notice of acceptance of the offer. If any party rejects the apportioned offer:

(a) The action must proceed as to all parties to whom the apportioned offer was made, whether or not the other parties accepted or rejected the offer; and

(b) The sanctions set forth in subsection 4:

(1) Apply to each party who rejected the apportioned offer.

(2) Do not apply to any party who accepted the apportioned offer.

The sanctions set forth in subsection 4 do not apply to:

(a) An offer of judgment made to multiple parties who received a notice pursuant to NRS 40.645

or 40.646 unless the same person is authorized to decide whether to settle the claims against all the parties to whom the offer is made and:

(1) There is a single common theory of liability against all the parties to whom the offer is made;

(2) The liability of one or more of the parties to whom the offer is made is entirely derivative of the liability of the remaining parties to whom the offer is made; or

(3) The liability of all the parties to whom the offer is made is entirely derivative of a common act or omission by another person.

(b) An offer of judgment made to multiple claimants unless the same person is authorized to decide whether to settle the claims of all the claimants to whom the offer is made and:

(1) There is a single common theory of liability claimed by all the claimants to whom the offer is made;

(2) The damages claimed by one or more of the claimants to whom the offer is made are entirely derivative of an injury to the remaining claimants to whom the offer is made; or

(3) The damages claimed by all the claimants to whom the offer is made are entirely derivative of an injury to another person.

(Added to NRS by 2015, 7 )

NRS 40.655

NRS

40.655

Limitation on recovery.

Except as otherwise provided in NRS 40.650 , in a claim governed by NRS 40.600 to 40.695 , inclusive, the claimant may recover only the following damages to the extent proximately caused by a constructional defect:

(a) The reasonable cost of any repairs already made that were necessary and of any repairs yet to be made that are necessary to cure any constructional defect that the contractor failed to cure and the reasonable expenses of temporary housing reasonably necessary during the repair;

(b) The reduction in market value of the residence or accessory structure, if any, to the extent the reduction is because of structural failure;

(d) The reasonable value of any other property damaged by the constructional defect;

(e) Any additional costs reasonably incurred by the claimant, including, but not limited to, any costs and fees incurred for the retention of experts to:

(1) Ascertain the nature and extent of the constructional defects;

(2) Evaluate appropriate corrective measures to estimate the value of loss of use; and

(3) Estimate the value of loss of use, the cost of temporary housing and the reduction of market value of the residence; and

(f) Any interest provided by statute.

If a contractor complies with the provisions of NRS 40.600 to 40.695 , inclusive, the claimant may not recover from the contractor, as a result of the constructional defect, any damages other than damages authorized pursuant to NRS 40.600 to 40.695 , inclusive.
This section must not be construed as impairing any contractual rights between a contractor and a subcontractor, supplier or design professional.
As used in this section, structural failure means physical damage to the load-bearing portion of a residence or appurtenance caused by a failure of the load-bearing portion of the residence or appurtenance.

(Added to NRS by 1995, 2541 ; A 1997, 2720 ; 2003, 2045 ; 2015, 16 ; 2019, 2261 )

NRS 40.665

NRS

40.665

Settlement by repurchase; certain offers of settlement deemed reasonable.

In addition to any other method provided for settling a claim pursuant to NRS 40.600 to 40.695 , inclusive,

a contractor may, pursuant to a written agreement entered into with a claimant, settle a claim by repurchasing the claimants residence and the real property upon which it is located. The agreement may include provisions which reimburse the claimant for:

The market value of the residence as if no constructional defect existed, except that if a residence is less than 2 years of age and was purchased from the contractor against whom the claim is brought, the market value is the price at which the residence was sold to the claimant;
The value of any improvements made to the property by a person other than the contractor;
Reasonable attorneys fees and fees for experts; and
Any costs, including costs and expenses for moving and costs, points and fees for loans.

Ê Any offer of settlement made that includes the items listed in this section shall be deemed reasonable for the purposes of subsection 1 of NRS 40.650 .

(Added to NRS by 1995, 2542 ; A 1997, 2721 ; 2003, 2046 )

NRS 40.667

NRS

40.667

Effect of written waiver or settlement agreement when contractor fails to correct or repair defect properly; conditions to bringing action; effect of failure to prevail in action.

Except as otherwise provided in subsection 2, a written waiver or settlement agreement executed by a claimant after a contractor has corrected or otherwise repaired a constructional defect does not bar a claim for the constructional defect if it is determined that the contractor failed to correct or repair the defect properly.
The provisions of subsection 1 do not apply to any written waiver or settlement agreement described in subsection 1, unless:

(a) The claimant has obtained the opinion of an expert concerning the constructional defect;

(b) The claimant has provided the contractor with a written notice of the defect pursuant to NRS 40.645 and a copy of the experts opinion; and

(c) The claimant and the contractor have complied with the requirements for inspection and repair as provided in NRS 40.600 to 40.695 , inclusive.

The provisions of this section do not apply to repairs which are made pursuant to an election to repair pursuant to NRS 40.6472 .
If a claimant does not prevail in any action which is not barred pursuant to this section, the court may:

(a) Deny the claimants attorneys fees, fees for an expert witness or costs; and

(b) Award attorneys fees and costs to the contractor.

(Added to NRS by 1995, 2544 ; A 1997, 2723 ; 1999, 1442 ; 2003, 2046 )

NRS 40.668

NRS

40.668

Action against subdivider or master developer for defect in appurtenance in planned unit development: Conditions and limitations; tolling of statutes of limitation or repose; applicability.

Notwithstanding the provisions of NRS 40.600 to 40.695 , inclusive, a claimant may not commence an action against a subdivider or master developer for a constructional defect in an appurtenance constructed on behalf of the subdivider or master developer in a planned unit development, to the extent that the appurtenance was constructed by or through a licensed general contractor, unless:

(a) The subdivider or master developer fails to provide to the claimant the name, address and telephone number of each contractor hired by the subdivider or master developer to construct the appurtenance within 30 days of the receipt by the subdivider or master developer of a request from the claimant for such information; or

(b) After the claimant has made a good faith effort to obtain full recovery from the contractors hired by the subdivider or master developer to construct the appurtenance, the claimant has not obtained a full recovery.

All statutes of limitation or repose applicable to a claim governed by this section are tolled from the time the claimant notifies a contractor hired by the subdivider or master developer of the claim until the earlier of the date:

(a) A court determines that the claimant cannot obtain a full recovery against those contractors; or

(b) The claimant receives notice that those contractors are bankrupt, insolvent or dissolved.

Ê Tolling pursuant to this subsection applies only to the subdivider or master developer. Notwithstanding any applicable statute of limitation or repose, the claimant may commence an action against the subdivider or master developer for the claim within 1 year after the end of the tolling described in this subsection.

Nothing in this section prohibits the commencement of an action against a subdivider or master developer for a constructional defect in a residence sold, designed or constructed by or on behalf of the subdivider or master developer.
Nothing in this section prohibits a person other than the claimant from commencing an action against a subdivider or master developer to enforce the persons own rights.
The provisions of this section do not apply to a subdivider or master developer who acts as a general contractor or uses the subdividers or master developers license as a general contractor in the course of constructing the appurtenance that is the subject of the action.
As used in this section:

(a) Master developer means a person who buys, sells or develops a planned unit development, including, without limitation, a person who enters into a development agreement pursuant to NRS 278.0201 .

(b) Planned unit development has the meaning ascribed to it in NRS 278A.065 .

(Added to NRS by 1999, 1438 )

Repairs

NRS 40.670

NRS

40.670

Defect which creates imminent threat to health or safety: Duty to cure; effect of failure to cure; exceptions.

A contractor, subcontractor, supplier or design professional who receives written notice of a constructional defect resulting from work performed by the contractor, subcontractor, supplier or design professional which creates an imminent threat to the health or safety of the inhabitants of the residence shall take reasonable steps to cure the defect as soon as practicable. The contractor, subcontractor, supplier or design professional shall not cure the defect by making any repairs for which such person is not licensed or by causing any repairs to be made by a person who is not licensed to make those repairs. If the contractor, subcontractor, supplier or design professional fails to cure the defect in a reasonable time, the owner of the residence may have the defect cured and may recover from the contractor, subcontractor, supplier or design professional the reasonable cost of the repairs plus reasonable attorneys fees and costs in addition to any other damages recoverable under any other law.
A contractor, subcontractor, supplier or design professional who does not cure a defect pursuant to this section because such person has determined, in good faith and after a reasonable inspection, that there is not an imminent threat to the health or safety of the inhabitants is not liable for attorneys fees and costs pursuant to this section, except that if a building inspector, building official or other similar authority employed by a governmental body with jurisdiction certifies that there is an imminent threat to the health and safety of the inhabitants of the residence, the contractor, subcontractor, supplier or design professional is subject to the provisions of subsection 1.

(Added to NRS by 1995, 2542 ; A 1997, 2721 ; 2001, 1249 ; 2003, 2046 )

NRS 40.672

NRS

40.672

Defect in new residence: Duty to repair; deadline for repair; extensions; disciplinary action for failure to comply.

Except as otherwise provided in NRS 40.670 , if a contractor, subcontractor, supplier or design professional receives written notice of a constructional defect not more than 1 year after the close of escrow of the initial purchase of the residence, the contractor, subcontractor, supplier or design professional shall make the repairs within 45 days after receiving the written notice unless completion is delayed by the claimant or by other events beyond the control of the contractor, subcontractor, supplier or design professional, or timely completion of repairs is not reasonably possible. The contractor, subcontractor, supplier or design professional and claimant may agree in writing to extend the period prescribed by this section. If a contractor or subcontractor fails to comply with this section, the contractor or subcontractor is immediately subject to discipline pursuant to NRS 624.300 .

(Added to NRS by 1999, 1437 ; A 2003, 2047 )

NRS 40.675

NRS

40.675

Inspection of repairs.

A contractor who makes or provides for repairs under NRS 40.600 to 40.695 , inclusive, may take reasonable steps to prove that the repairs were made and to have them inspected.
The provisions of NRS 40.600 to 40.695 , inclusive, regarding inspection and repair are in addition to any rights of inspection and settlement provided by common law or by another statute.

(Added to NRS by 1995, 2542 )

Special Procedures

NRS 40.680

NRS

40.680

Mediation of certain claims required before action commenced or complaint amended; procedure; appointment of special master; effect of failure to mediate in good faith.

Except as otherwise provided in this chapter, before a claimant commences an action or amends a complaint to add a cause of action for a constructional defect against a contractor, subcontractor, supplier or design professional, the matter must be submitted to mediation, unless mediation is waived in writing by the contractor, subcontractor, supplier or design professional and the claimant.
The claimant and each party alleged to have caused the constructional defect must select a mediator by agreement. If the claimant and the other parties fail to agree upon a mediator within 20 days after a mediator is first selected by the claimant, any party may petition the American Arbitration Association, the Nevada Arbitration Association, Nevada Dispute Resolution Services or any other mediation service acceptable to the parties for the appointment of a mediator. A mediator so appointed may discover only those documents or records which are necessary to conduct the mediation. The mediator shall convene the mediation within 30 days after the matter is submitted to the mediator and shall complete the mediation within 45 days after the matter is submitted to the mediator, unless the parties agree to extend the time.
Before the mediation begins:

(a) The claimant shall deposit $50 with the mediation service; and

(b) Each other party shall deposit with the mediation service, in equal shares, the remaining amount estimated by the mediation service as necessary to pay the fees and expenses of the mediator for the first session of mediation and shall deposit additional amounts demanded by the mediation service as incurred for that purpose.

Unless otherwise agreed, the total fees for each day of mediation and the mediator must not exceed $750 per day.
If the parties do not reach an agreement concerning the matter during mediation or if any party who is alleged to have caused the constructional defect fails to pay the required fees and appear, the claimant may commence an action or amend a complaint to add a cause of action for the constructional defect in court and:

(a) The reasonable costs and fees of the mediation are recoverable by the prevailing party as costs of the action.

(b) Any party may petition the court in which the action is commenced for the appointment of a special master.

A special master appointed pursuant to subsection 5 may:

(a) Review all pleadings, papers or documents filed with the court concerning the action.

(b) Coordinate the discovery of any books, records, papers or other documents by the parties, including the disclosure of witnesses and the taking of the deposition of any party.

(d) Order settlement conferences and attendance at those conferences by any representative of the insurer of a party.

(e) Require any attorney representing a party to provide statements of legal and factual issues concerning the action.

(f) Refer to the judge who appointed the special master or to the presiding judge of the court in which the action is commenced any matter requiring assistance from the court.

Ê The special master shall not, unless otherwise agreed by the parties, personally conduct any settlement conferences or engage in any ex parte meetings regarding the action.

Upon application by a party to the court in which the action is commenced, any decision or other action taken by a special master appointed pursuant to this section may be appealed to the court for a decision.
A report issued by a mediator or special master that indicates that a party has failed to appear before the mediator or special master or to mediate in good faith is admissible in the action, but a statement or admission made by a party in the course of mediation is not admissible.

(Added to NRS by 1995, 2543 ; A 1997, 2721 ; 2003, 2047 )

NRS 40.687

NRS

40.687

Disclosure of information concerning insurance agreements; compelled production of information.

Notwithstanding any other provision of law:

A contractor shall, no later than 10 days after a response is made pursuant to this chapter, disclose to the claimant any information about insurance agreements that may be obtained by discovery pursuant to rule 26 (b)(2) of the Nevada Rules of Civil Procedure. Such disclosure does not affect the admissibility at trial of the information disclosed.
Except as otherwise provided in subsection 3, if the contractor fails to provide the information required pursuant to subsection 1 within the time allowed, the claimant may petition the court to compel production of the information. Upon receiving such a petition, the court may order the contractor to produce the required information and may award the claimant reasonable attorneys fees and costs incurred in petitioning the court pursuant to this subsection.
The parties may agree to an extension of time for the contractor to produce the information required pursuant to this section.
For the purposes of this section, information about insurance agreements is limited to any declaration sheets, endorsements and contracts of insurance issued to the contractor from the commencement of construction of the residence of the claimant to the date on which the request for the information is made and does not include information concerning any disputes between the contractor and an insurer or information concerning any reservation of rights by an insurer.

(Added to NRS by 1997, 2716 ; A 1999, 1443 ; 2019, 2262 )

NRS 40.688

NRS

40.688

Disclosure of defects by claimant to prospective purchaser of residence required; timing and contents of disclosure; duty of attorney to inform claimant of disclosure requirement.

If a claimant attempts to sell a residence that is or has been the subject of a claim governed by NRS 40.600 to 40.695 , inclusive, the claimant shall disclose, in writing, to any prospective purchaser of the residence, not less than 30 days before the close of escrow for the sale of the residence or, if escrow is to close less than 30 days after the execution of the sales agreement, then immediately upon the execution of the sales agreement or, if a claim is initiated less than 30 days before the close of escrow, within 24 hours after giving written notice to the contractor pursuant to NRS 40.645 :

(a) All notices given by the claimant to the contractor pursuant to NRS 40.600 to 40.695 , inclusive, that are related to the residence;

(b) All opinions the claimant has obtained from experts regarding a constructional defect that is or has been the subject of the claim;

(d) A detailed report of all repairs made to the residence by or on behalf of the claimant as a result of a constructional defect that is or has been the subject of the claim.

Before taking any action on a claim pursuant to NRS 40.600 to 40.695 , inclusive, the attorney for a claimant shall notify the claimant in writing of the provisions of this section.

(Added to NRS by 1999, 1439 ; A 2003, 2048 )

Additional Requirement for Actions Against Design Professionals

NRS 40.6887

NRS

40.6887

Submission of questions or disputes concerning defects to State Contractors Board; regulations.

A claimant or any contractor, subcontractor, supplier or design professional may submit a question or dispute to the State Contractors Board concerning any matter which may affect or relate to a constructional defect, including, without limitation, questions concerning the need for repairs, the appropriate method for repairs, the sufficiency of any repairs that have been made and the respective rights and responsibilities of homeowners, claimants, contractors, subcontractors, suppliers and design professionals.
If a question or dispute is submitted to the State Contractors Board pursuant to this section, the State Contractors Board shall, pursuant to its regulations, rules and procedures, respond to the question or investigate the dispute and render a decision. Nothing in this section authorizes the State Contractors Board to require the owner of a residence or appurtenance to participate in any administrative hearing which is held pursuant to this section.
Not later than 30 days after a question or dispute is submitted to the State Contractors Board pursuant to subsection 1, the State Contractors Board shall respond to the question or render its decision. The response or decision of the State Contractors Board:

(a) Is not binding and is not subject to judicial review pursuant to the provisions of chapters 233B and 624 of NRS; and

(b) Is not admissible in any judicial or administrative proceeding brought pursuant to the provisions of this chapter.

The provisions of this chapter do not preclude a claimant or a contractor, subcontractor, supplier or design professional from pursuing any remedy otherwise available from the State Contractors Board pursuant to the provisions of chapter 624 of NRS concerning a constructional defect.
If an action for a constructional defect has been commenced, the court shall not stay or delay any proceedings before the court pending an answer to a question or decision concerning a dispute submitted to the State Contractors Board.
The State Contractors Board shall adopt regulations necessary to carry out the provisions of this section and may charge and collect reasonable fees from licensees to cover the cost of carrying out its duties pursuant to this section.

(Added to NRS by 2003, 2039 ; A 2005, 477 )

NRS 40.690

NRS

40.690

Limitation on bringing claim against governmental entity during period for resolution; effect of settlement; contractor or claimant may require party to appear and participate.

A claim governed by NRS 40.600 to 40.695 , inclusive, may not be brought by a claimant or contractor against a government, governmental agency or political subdivision of a government, during the period in which a claim for a constructional defect is being settled, mediated or otherwise resolved pursuant to NRS 40.600 to 40.695 , inclusive. The settlement of such a claim does not affect the rights or obligations of the claimant or contractor in any action brought by the claimant or contractor against a third party.
A contractor or claimant may require a party against whom the contractor or claimant asserts a claim governed by NRS 40.600 to 40.695 , inclusive, to appear and participate in proceedings held pursuant to those sections as if the party were a contractor and the party requiring the appearance were a claimant. The party must receive notice of the proceedings from the contractor or claimant.

(Added to NRS by 1995, 2544 ; A 1997, 2723 ; 1999, 1443 )

NRS 40.693

NRS

40.693

Contractual provisions requiring subcontractor to indemnify controlling party; wrap-up insurance policies.

In any action or other proceeding involving a constructional defect asserted by a claimant and governed by NRS 40.600 to 40.695 , inclusive:

(a) Except as otherwise provided in paragraph (b), any provision in a contract entered into on or after February 24, 2015, for residential construction that requires a subcontractor to indemnify, defend or otherwise hold harmless a controlling party from any liability, claim, action or cause of action resulting from a constructional defect caused by the negligence, whether active or passive, or intentional act or omission of the controlling party is against public policy and is void and unenforceable.

(b) Except as otherwise provided in paragraph (c), a provision in a contract entered into on or after February 24, 2015, for residential construction is not against public policy and is not void and unenforceable under paragraph (a) to the extent that the provision requires a subcontractor to indemnify, defend or otherwise hold harmless a controlling party from any liability, claim, action or cause of action resulting from a constructional defect arising out of, related to or connected with the subcontractors scope of work, negligence, or intentional act or omission.

(c) A provision in a contract entered into on or after February 24, 2015, for residential construction is against public policy and is void and unenforceable under paragraph (a) to the extent that it requires a subcontractor to defend, indemnify or otherwise hold harmless a controlling party from any liability, claim, action or cause of action resulting from a constructional defect arising out of, related to or connected with that portion of the subcontractors work which has been altered or modified by another trade or the controlling party.

(d) Except as otherwise provided in paragraph (e), if a provision of a contract entered into on or after February 24, 2015, for residential construction that requires a subcontractor to indemnify, defend or otherwise hold harmless a controlling party is not against public policy and is not void and unenforceable under this subsection, the duty of the subcontractor to defend the controlling party arises upon presentment of a notice pursuant to subsection 1 of NRS 40.646 containing a particular claim, action or cause of action from which it can be reasonably inferred that an alleged constructional defect was caused by or attributable to the subcontractors work, negligence, or wrongful act or omission.

(e) If a controlling party gives a notice to a subcontractor pursuant to NRS 40.646

that contains a claim, action or cause of action from which it can be reasonably inferred that an alleged constructional defect was caused by or attributable to the subcontractors work, negligence, or wrongful act or omission, the claim, action or cause of action is covered by the subcontractors commercial general liability policy of insurance issued by an insurer, and the controlling party is named as an additional insured under that policy of insurance:

(1) The controlling party, as an additional insured, must pursue available means of recovery of its defense fees and costs under the policy before the controlling party is entitled to pursue a claim against the subcontractor.

(2) Upon the final settlement of or issuance of a final judgment in an action involving a claim for a constructional defect, if the insurer has not assumed the controlling partys defense and reimbursed the controlling party for the defense obligation of the subcontractor, or if the defense obligation is not otherwise resolved by the settlement or final judgment, the controlling party has the right to pursue a claim against the subcontractor for reimbursement of that portion of the attorneys fees and costs incurred by the controlling party which are attributable to the claims, actions or causes of action arising out of, related to or connected with the subcontractors scope of work, negligence, or intentional act or omission.

(3) The provisions of subparagraphs (1) and (2) do not prohibit a controlling party from:

(I) Following the requirements of NRS 40.600 to 40.695 , inclusive, relating to providing notice of an alleged constructional defect or any other procedures set forth in those provisions; or

(II) Filing a third-party complaint against the subcontractor if a claimant commences an action or amends a complaint to add a cause of action for a constructional defect against a controlling party which arises out of, relates to or is otherwise connected with the subcontractors scope of work, negligence, or wrongful act or omission.

For any wrap-up insurance policy or other consolidated insurance program that covers a subcontractor who performs work on residential construction for which a contract is entered into on or after February 24, 2015, for claims, actions or causes of action for a constructional defect governed by NRS 40.600

to 40.695 , inclusive:

(a) The controlling party obtaining the wrap-up insurance policy or other consolidated insurance program shall disclose the total amount or method of calculation of any credit or compensation for the premium required from a subcontractor or other participant for that wrap-up insurance policy in the contract documents.

(b) Except as otherwise provided in paragraph (c), the contract documents must disclose, if and to the extent known:

(1) The policy limits;

(2) The scope of policy coverage;

(3) The policy term;

(4) The basis upon which the deductible or occurrence is triggered by the insurer;

(5) If the policy covers more than one work of improvement, the number of units, if any, indicated on the application for the insurance policy; and

(6) A good faith estimate of the amount of available limits remaining under the policy as of a date indicated in the disclosure obtained from the insurer.

(c) The disclosure requirements of subparagraphs (1) to (4), inclusive, of paragraph (b) may be satisfied by providing the participant with a copy of the binder or declaration.

(d) The disclosures made pursuant to subparagraphs (5) and (6) of paragraph (b):

(1) May be based upon information available at the time the disclosure is made and are not inaccurate or made in bad faith solely because the disclosures do not accurately reflect the actual number of units covered by the policy or the amount of insurance available, if any, when a later claim is made.

(2) Are presumptively made in good faith if:

(I) The disclosure pursuant to subparagraph (5) of paragraph (b) is the same as that contained in the application to the wrap-up insurance policy insurer; and

(II) The disclosure pursuant to subparagraph (6) of paragraph (b) was obtained from the wrap-up insurance policy insurer or broker.

Ê The presumptions stated in subparagraph (2) may be overcome only by a showing that the insurer, broker or controlling party intentionally misrepresented the facts identified in subparagraph (5) or (6) of paragraph (b).

(e) Upon the written request of any participant in the wrap-up insurance policy or consolidated insurance program, a copy of the insurance policy must be provided, if available, that shows the coverage terms and items in subparagraphs (1) to (5), inclusive, of paragraph (b). If the policy is not available at the time of the request, a copy of the insurance binder or declaration of coverage may be provided in lieu of the actual policy.

(f) Any party receiving a copy of the policy, binder or declaration shall not disclose it to third parties other than the participants insurance broker or attorney unless required to do so by law. The participants insurance broker or attorney may not disclose the policy, binder or declaration to any third party unless required to do so by law.

(g) If the controlling party obtaining the wrap-up insurance policy or other consolidated insurance program does not disclose the total amount or method of calculation of the premium credit or compensation to be charged to the participant before the time the participant submits its bid, the participant is not legally bound by the bid unless that participant has the right to increase the bid up to the amount equal to the difference between the amount the participant included, if any, for insurance in the original bid and the amount of the actual bid credit required by the controlling party obtaining the wrap-up insurance policy or other consolidated insurance program. This paragraph does not apply if the controlling party obtaining the wrap-up insurance policy or other consolidated insurance program did not require the subcontractor to offset the original bid amount with a deduction for the wrap-up insurance policy or program.

(h) The subcontractors monetary obligation for enrollment in the wrap-up insurance policy or consolidated insurance program ceases upon the subcontractors satisfaction of its agreed contribution percentage, which may have been paid either as a lump sum or on a pro rata basis throughout the subcontractors performance of the work.

(i) In the event of an occurrence, the dollar amount required to be paid by a subcontractor as a self-insured retention or deductible must not be greater than the amount that the subcontractor would have otherwise been required to pay as a self-insured retention or deductible under a commercial general liability policy of comparable insurance in force during the relevant period for that particular subcontractor and within the specific market at the time the subcontract is entered into.

As used in this section:

(a) Controlling party means a person who owns real property involved in residential construction, a contractor or any other person who is to be indemnified by a provision in a contract entered into on or after February 24, 2015, for residential construction.

(b) Residential construction means the construction of a new residence, of an alteration of or addition to an existing residence, or of an appurtenance.

(c) Wrap-up insurance policy is an insurance policy, or series of policies, written to cover risks associated with the construction, repair or landscaping of a new residence, of an alteration of or addition to an existing residence, or of an appurtenance, and covering two or more of the contractors or subcontractors that work on that construction, repair or landscaping.

(Added to NRS by 2015, 4 )

NRS 403.520

NRS

403.520

Inspection of work; failure to comply with contract or defect in material or machinery.

The county road supervisor shall have power to inspect any work performed under the provisions of this chapter, and advise as to the efficiency or quality of all material and machinery purchased by the board of county highway commissioners or in any manner used for the purposes of this chapter.
Any failure to comply with a contract, or any defect in the character of material or machinery, shall be reported to the board of county highway commissioners, and the board shall immediately proceed to have remedied any such failure or defect.
The board of county highway commissioners shall have power to deduct the value of such failure or defect from the contract price agreed to be paid the contractor.

[6: Art. 5:257:1913; 1919 RL p. 2905; NCL § 5384]

NRS 404.110

NRS

404.110

Road supervisor prohibited from using or contracting for use of truck or equipment owned by road supervisor or relative; exception.

No road supervisor shall use or contract the use of any motor truck or road building equipment owned by the road supervisor or any relative within the third degree of consanguinity or affinity in the construction or maintenance of any county road or highway, except in cases of emergency, when it shall be lawful for the road supervisor to use or contract the use of such truck or equipment for a period of not to exceed 5 days in any 1 month.

[Part 2:80:1901; A 1935, 233 ; 1931 NCL § 5419]

NRS 404.160

NRS

404.160

Road supervisor prohibited from using or contracting for use of truck or equipment owned by road supervisor or relative; exception.

[Part 3:172:1911; A 1935, 232 ; 1931 NCL § 5424]

ROAD INSPECTORS

NRS 408.106

NRS

408.106

Creation; Board of Directors.

There is hereby created a Department of Transportation, administered by a seven-member Board of Directors consisting of the Governor, the Lieutenant Governor, and the State Controller, who serve ex officio, and four members who are appointed by the Governor. If one of the three constitutional offices is vacant, the Secretary of State shall serve ex officio on the Board until the vacancy is filled.
The Governor shall appoint as members of the Board four persons who are residents of Nevada, informed on and interested in the construction and maintenance of highways and other matters relating to transportation. The members so appointed must be residents of Nevada as follows:

(a) Two members who must reside in a highway district that includes a county whose population is 700,000 or more;

(b) One member who must reside in a highway district that includes a county whose population is 100,000 or more but less than 700,000; and

All the members appointed pursuant to subsection 2 must be informed on and interested in the construction and maintenance of highways and other matters relating to transportation, and must possess at least one of the following qualifications:

(a) Knowledge of engineering evidenced by the possession of a bachelor of science degree in civil or structural engineering and licensure in this State as a professional engineer.

(b) Demonstrated expertise in financial matters and business administration.

(c) Demonstrated expertise in the business of construction evidenced by the possession of a license as a general contractor and experience as a principal officer of a firm licensed in this State.

Ê The Governor shall not appoint to the Board any person who is currently employed in the field of or has a substantial financial interest in the construction or maintenance of highways in this State.

The Governor shall serve as the Chair of the Board and the members of the Board shall elect annually a Vice Chair.
Each member of the Board who is not a public officer is entitled to receive as compensation $80 for each day or portion of a day during which the member attends a meeting of the Board or is otherwise engaged in the business of the Board plus the per diem allowance and travel expenses provided for state officers and employees generally.
After the initial terms, the appointed members of the Board shall serve terms of 4 years.
As used in this section, highway district means a portion of this State designated by the Board as a highway district for the purposes of carrying out the duties of the Board.

(Added to NRS by 1989, 1296 ; A 2013, 3098 )

NRS 408.347

NRS

408.347

Execution of contract in name of State; copies filed with Department and county commissioners.

All construction contracts authorized by NRS 408.327 must be executed in the name of the State of Nevada and must be signed by the Chair of the Board and attested by the Director, under the seal of the Department, signed by the contracting party or parties, and the form and legality of such contracts approved by the Attorney General or Chief Counsel of the Department.
When the contract is fully executed, a copy of the same, including plans and specifications, must be filed in the office of the Department at Carson City, Nevada, and with the clerk of the board of county commissioners of the county in which the work is to be performed.

(Added to NRS by 1957, 684 ; A 1979, 1773 ; 1987, 1806 ; 1989, 1304 )

NRS 408.357

NRS

408.357

Bids and bidders: Bonds required of successful bidders; exception; conditions; sureties.

Except as otherwise provided in NRS 408.354 , every contract must provide for the filing and furnishing of one or more bonds by the successful bidder, with corporate sureties approved by the Department and authorized to do business in the State, in a sum equal to the full or total amount of the contract awarded. The bond or bonds must be performance bonds or labor and material bonds, or both.
The performance bonds must:

(a) Guarantee the faithful performance of the contract in accordance with the plans, specifications and terms of the contract.

(b) Be maintained for 1 year after the date of completion of the contract.

The labor and material bonds must:

(a) Secure payment of state and local taxes relating to the contract, premiums under the Nevada Industrial Insurance Act, contributions under the Unemployment Compensation Law, and payment of claims for labor, materials, provisions, implements, machinery, means of transportation or supplies furnished upon or used for the performance of the contract; and

(b) Provide that if the contractor or his or her subcontractors, or assigns, fail to pay for such taxes, premiums, contributions, labor and materials required of, and used or consumed by, the contractor or his or her subcontractors, the surety shall make the required payment in an amount not exceeding the total sum specified in the bond together with interest at a rate of 8 percent per annum.

Ê All such bonds must be otherwise conditioned as required by law or the Department.

No person bidding for work or submitting proposals under the provisions of this chapter may be accepted as surety on any bond.
Whenever the Department has cause to believe that the sureties or any of them have become insufficient, it may demand in writing of the contractor such further bonds or additional sureties, in a total sum not exceeding that originally required, as are necessary, considering the extent of the work remaining to be done. Thereafter no payment may be made upon the contract to the contractor or any assignee of the contractor until the further bonds or additional sureties have been furnished.
The Department in every contract may require the furnishing of proof by the successful bidder of public liability and insurance coverage for damage to property.

(Added to NRS by 1957, 684 ; A 1987, 1806 ; 2001, 636 )

NRS 408.363

NRS

408.363

Claims against contractors bond; action against surety.

Any person who has furnished labor, materials, provisions, implements, machinery, means of transportation or supplies used or consumed by such contractor or the contractors subcontractors in or about the performance of the work contracted to be done, and whose claim therefor has not been paid by such contractor or subcontractors, and who desires to be protected under the bond, shall file with the Department a claim in triplicate within 30 days from the date of final acceptance of the contract as provided in NRS 408.387 , and such claim shall be executed and verified before a notary public and contain a statement that the same has not been paid. One copy shall be filed in the office of the Department and the remaining copies shall be forwarded to the contractor and surety.
Any such person so filing a claim may at any time within 6 months thereafter commence an action against the surety or sureties on the bond for the recovery of the amount of the claim and the filing of such claim shall not constitute a claim against the Department. Failure to commence such action upon the bond and the sureties within 6 months after date of the Departments final acceptance will bar any right of action against such surety or sureties.

(Added to NRS by 1957, 685 ; A 1967, 348 )

NRS 408.367

NRS

408.367

Project not exceeding $250,000: Solicitation and rejection of bids; quarterly reports; public records; bonds.

With the approval of the Board, the Director may receive informal bids and award contracts for highway construction, reconstruction, improvements, and maintenance on projects estimated to cost not in excess of $250,000.
Before furnishing any person proposing to bid on any solicited work with the plans and specifications for such work, the Director shall require from the person a statement, verified under oath, in the form of answers to questions contained in a standard form of questionnaire, which must include information describing:

(a) The geographical regions of this State in which the person is willing to perform the public work;

(b) The type of license and classification, if any, held by the person; and

Before awarding a contract pursuant to subsection 1, the Director must:

(a) If the estimated cost of the project is $50,000 or less, solicit a bid from at least one properly licensed contractor; and

(b) If the estimated cost of the project is more than $50,000 but not more than $250,000, solicit bids from at least three properly licensed contractors.

Any bids received in response to a solicitation for bids made pursuant to subsection 3 may be rejected if the Director determines that:

(a) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications;

(b) The bidder is not responsive or responsible; or

At least once each quarter, the Director shall prepare a report detailing, for each project for which a contract for its completion is awarded pursuant to paragraph (b) of subsection 3, if any:

(a) The name of the contractor to whom the contract was awarded;

(b) The amount of the contract awarded;

(d) The names of all contractors from whom bids were solicited.

A report prepared pursuant to subsection 5 is a public record and must be maintained on file at the principal offices of the Department.
Except as otherwise provided in NRS 408.354 , contracts awarded pursuant to the provisions of this section must be accompanied by bonds and conditioned and executed in the name of the State of Nevada, and must be signed by the Director under the seal of the Department, and by the contracting party or parties. The form and legality of those contracts must be approved by the Attorney General or Chief Counsel of the Department.

(Added to NRS by 1957, 685 ; A 1971, 1230 ; 1979, 1774 ; 1987, 1807 ; 1989, 1305 ; 1993, 1941 ; 1995, 139 ; 2001, 637 ; 2009, 905 ; 2013, 565 )

NRS 408.373

NRS

408.373

Contractor: Compliance with state laws concerning workers compensation and unemployment compensation; compliance with other laws.

Before paying any money or drawing a warrant in payment to a person to whom a contract is awarded, the State Controller shall require satisfactory evidence of the persons compliance with the requirements to provide workers compensation pursuant to chapters 616A to 617 , inclusive, of NRS and of the persons payment of the contributions and payments required by chapter 612 of NRS, and the State Controller shall withhold payment to the contractor or the contractors assigns until the evidence is provided.
If a contractor fails to provide the required coverage, the State Controller may make the payments for this purpose to a private carrier on his or her own behalf from money withheld pursuant to the provisions of subsection 1.
Failure to comply with all federal, state and local laws, rules, regulations and ordinances is sufficient cause to withhold any money due the contractor until compliance therewith.

(Added to NRS by 1957, 686 ; A 1963, 975 ; 1985, 288 ; 1989, 1534 ; 1995, 2045 ; 1999, 1844 )

NRS 408.377

NRS

408.377

Subcontractor: Approval; compliance with laws.

No prime or general contractor shall assign or sublet any portion of work to be done under the terms of any contract except:

(a) Upon the written approval of the Department.

(b) In accordance with the terms of the contract or specifications.

All subcontractors and assignees of the prime or general contractor shall be required to comply with the provisions of NRS 408.373 in the same manner as the prime or general contractor.

(Added to NRS by 1957, 686 )

NRS 408.379

NRS

408.379

Subcontractor: State business license required.

A subcontractor who enters into a subcontract for a project for the construction and maintenance of a highway shall not accept or otherwise receive any public money for the project, including, without limitation, accepting or receiving any public money as a payment from a contractor, unless the subcontractor is the holder of a state business license issued pursuant to chapter 76

of NRS.

As used in this section, subcontractor has the meaning ascribed to it in NRS 338.010 .

(Added to NRS by 2013, 1030 )

NRS 408.383

NRS

408.383

Contractor: Partial payments; percentage retained; substitution of certain obligations for retained payments; period for dispersal of money by contractor to subcontractors; rate of interest on delinquent dispersal; procedure for resolution of dispute over dispersal.

Except as otherwise provided in subsections 2, 11 and 12, the Director may pay at the end of each calendar month, or as soon thereafter as practicable, to any contractor satisfactorily performing any highway improvement or construction as the work progresses in full for the work as completed but not more than 95 percent of the entire contract price. The progress estimates must be based upon materials in place, or on the job site, or at a location approved by the Director, and invoiced, and labor expended thereon. The remaining 5 percent, but not more than $50,000, must be retained until the remaining money is disposed of in the manner provided in subsection 3 or upon satisfactory completion of the entire contract and final acceptance by the Director, as applicable.
If the work in progress is being performed on a satisfactory basis, the Director may reduce the percentage retained if the Director finds that sufficient reasons exist for additional payment and has obtained written approval from every surety furnishing bonds for the work. Any remaining money must be retained until such money is disposed of in the manner provided in subsection 3 or upon satisfactory completion of the entire contract and final acceptance by the Director.
If it becomes necessary for the Department to take over the completion of any highway contract or contracts, all of the amounts owing the contractor, including the withheld percentage, must first be applied toward the cost of completion of the contract or contracts. Any balance remaining in the retained percentage after completion by the Department is payable to the contractor or the contractors creditors.
Such retained percentage as may be due any contractor is due and payable at the expiration of the 30-day period as provided in NRS 408.363 for filing of creditors claims, and this retained percentage is due and payable to the contractor at that time without regard to creditors claims filed with the Department.
The contractor under any contract made or awarded by the Department, including any contract for the construction, improvement, maintenance or repair of any road or highway or the appurtenances thereto, may, from time to time, withdraw the whole or any portion of the sums otherwise due to the contractor under the contract which are retained by the Department, pursuant to the terms of the contract, if the contractor deposits with the Director:

(a) United States treasury bonds, United States treasury notes, United States treasury certificates of indebtedness or United States treasury bills;

(b) Bonds or notes of the State of Nevada; or

Ê Certificates of deposit must be of a market value not exceeding par, at the time of deposit, but at least equal in value to the amount so withdrawn from payments retained under the contract.

The Director has the power to enter into a contract or agreement with any national bank, state bank, credit union, trust company or safe deposit company located in the State of Nevada, designated by the contractor after notice to the owner and surety, to provide for the custodial care and servicing of any obligations deposited with the Director pursuant to this section. Such services include the safekeeping of the obligations and the rendering of all services required to effectuate the purposes of this section.
The Director or any national bank, state bank, credit union, trust company or safe deposit company located in the State of Nevada, designated by the contractor to serve as custodian for the obligations pursuant to subsection 6, shall collect all interest or income when due on the obligations so deposited and shall pay them, when and as collected, to the contractor who deposited the obligation. If the deposit is in the form of coupon bonds, the Director shall deliver each coupon as it matures to the contractor.
Any amount deducted by the State of Nevada, or pursuant to the terms of a contract, from the retained payments otherwise due to the contractor thereunder, must be deducted first from that portion of the retained payments for which no obligation has been substituted, then from the proceeds of any deposited obligation. In the latter case, the contractor is entitled to receive the interest, coupons or income only from those obligations which remain on deposit after that amount has been deducted.
A contractor shall disburse money paid to the contractor pursuant to this section, including any interest that the contractor receives, to his or her subcontractors and suppliers within 15 days after receipt of the money in the proportion that the value of the work performed by each subcontractor or the materials furnished by each supplier bears to the total amount of the contract between the principal contractor and the Department.
Money payable to a subcontractor or supplier accrues interest at a rate equal to the lowest daily prime rate at the three largest banks in the United States on the date the subcontract or order for supplies was executed plus 2 percent, from 15 days after the money was received by the principal contractor until the date of payment.
If a contractor withholds more than 5 percent of a payment required by subsection 9, the subcontractor or supplier may inform the Director in writing of the amount due. The Director shall attempt to resolve the dispute between the contractor and the subcontractor or supplier within 20 working days after the date that the Director receives notice of the amount due. If the dispute is not resolved within 20 working days after the date that the Director receives notice of the amount due, the contractor shall deposit the disputed amount in an escrow account that bears interest. The contractor, subcontractor or supplier may pursue any legal or equitable remedy to resolve the dispute over the amount due. The Director may not be made a party to any legal or equitable action brought by the contractor, subcontractor or supplier.
If the Director awards to a railroad company a contract for a project for the construction, reconstruction, improvement or maintenance of a highway and the project is located on property that is owned by or under the control of the railroad company, the Director may agree in the contract not to retain any portion of the contract price.

(Added to NRS by 1957, 686 ; A 1960, 75 ; 1963, 976 ; 1967, 348 ; 1969, 890 ; 1971, 864 ; 1975, 717 ; 1979, 1774 ; 1981, 265 ; 1999, 260 , 1492 ;

2001, 637 ; 2019, 151 ; 2023, 589 )

NRS 408.387

NRS

408.387

Contract: Publication of notice of final acceptance; final settlement.

Before making final payment on any contract as provided in this chapter the Director shall cause the publication of a notice of the date of final acceptance of the contract for a period of at least 2 weeks in every issue of a newspaper of general circulation in the county wherein the major portion of the contract work was performed, and such notice may also be published each day for a period of at least 10 days in one or more daily newspapers of general circulation throughout the State.
No final settlement of the contract may be made with the contractor until 30 days after the date of such final acceptance of the contract.

(Added to NRS by 1957, 687 ; A 1963, 977 ; 1969, 891 ; 1979, 1776 )

Disadvantaged Business Enterprises

NRS 408.3877

NRS

408.3877

Design-build team defined.

Design-build team means an entity that consists of:

At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and
At least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or is licensed as a professional engineer pursuant to chapter 625 of NRS.

(Added to NRS by 1999, 3483 ; A 2001, 2022 ; 2003, 119 )

NRS 408.3878

NRS

408.3878

Prime contractor defined.

Prime contractor means a person who:

Contracts to construct an entire project;
Coordinates all work performed on the entire project;
Uses his or her own workforce to perform all or a part of the construction of the project; and
Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.

(Added to NRS by 1999, 3483 ; A 2001, 2022 ; 2003, 119 )

NRS 408.388

NRS

408.388

Projects for which Department may contract with design-build team.

Except as otherwise provided in NRS 408.5471 to 408.549 , inclusive, the Department may contract with a design-build team for the design and construction of a project if the Department determines that:

(a) Except as otherwise provided in subsection 2, the estimated cost of the project exceeds $10,000,000; and

(b) Contracting with a design-build team will enable the Department to:

(1) Design and construct the project at a cost that is significantly lower than the cost that the Department would incur to design and construct the project using a different method;

(2) Design and construct the project in a shorter time than would be required to complete the project using a different method, if exigent circumstances require that the project be designed and constructed within a short time; or

(3) Ensure that the design and construction of the project is properly coordinated, if the project is unique, highly technical and complex in nature.

Notwithstanding the provisions of subsection 1, the Department may, twice in each fiscal year, contract with a design-build team for the design and construction of a project the estimated cost of which is at least $5,000,000 but less than $10,000,000 if the Department makes the determinations otherwise required pursuant to paragraph (b) of subsection 1.

(Added to NRS by 1999, 3483 ; A 2001, 2022 ; 2003, 119 , 2031 ;

2011, 1665 )

NRS 408.3883

NRS

408.3883

Request for preliminary proposals: Advertisement by Department; publication; information available for inspection by design-build teams.

The Department shall advertise for preliminary proposals for the design and construction of a project by a design-build team in a newspaper of general circulation in this State.
A request for preliminary proposals published pursuant to subsection 1 must include, without limitation:

(a) A description of the proposed project;

(b) Separate estimates of the costs of designing and constructing the project;

(c) The dates on which it is anticipated that the separate phases of the design and construction of the project will begin and end;

(d) The date by which preliminary proposals must be submitted to the Department, which must not be less than 30 days after the date that the request for preliminary proposals is first published in a newspaper pursuant to subsection 1; and

(e) A statement setting forth the place and time in which a design-build team desiring to submit a proposal for the project may obtain the information necessary to submit a proposal, including, without limitation, the information set forth in subsection 3.

The Department shall maintain at the time and place set forth in the request for preliminary proposals the following information for inspection by a design-build team desiring to submit a proposal for the project:

(a) The extent to which designs must be completed for both preliminary and final proposals and any other requirements for the design and construction of the project that the Department determines to be necessary;

(b) A list of the requirements set forth in NRS 408.3884 ;

(c) A list of the factors that the Department will use to evaluate design-build teams who submit a proposal for the project, including, without limitation:

(1) The relative weight to be assigned to each factor pursuant to NRS 408.3886 ; and

(2) A disclosure of whether the factors that are not related to cost are, when considered as a group, more or less important in the process of evaluation than the factor of cost;

(d) Notice that a design-build team desiring to submit a proposal for the project must include with its proposal the information used by the Department to determine finalists among the design-build teams submitting proposals pursuant to subsection 2 of NRS 408.3885 and a description of that information;

(e) A statement that a design-build team whose prime contractor holds a certificate of eligibility to receive a preference in bidding on public works issued pursuant to NRS 338.1389 or 338.147 and whose members who hold a certificate of registration to practice architecture or a license as a professional engineer and who hold a certificate of eligibility to receive a preference when competing for public works issued pursuant to NRS 338.173 should submit with its proposal a copy of each certificate of eligibility and a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117 ; and

(f) A statement as to whether a design-build team that is selected as a finalist pursuant to NRS 408.3885 but is not awarded the design-build contract pursuant to NRS 408.3886 will be partially reimbursed for the cost of preparing a final proposal or best and final offer, or both, and, if so, an estimate of the amount of the partial reimbursement.

(Added to NRS by 1999, 3484 ; A 2001, 252 , 2019 ,

2022 ;

2003, 119 , 2522 ;

2011, 53 , 3704 )

NRS 408.3885

NRS

408.3885

Procedure for selecting finalists from among design-build teams that submitted preliminary proposals.

The Department shall select at least three but not more than five finalists from among the design-build teams that submitted preliminary proposals. If the Department does not receive at least three preliminary proposals from design-build teams that the Department determines to be qualified pursuant to this section and NRS 408.3884 , the Department may not contract with a design-build team for the design and construction of the project.
The Department shall select finalists pursuant to subsection 1 by:

(a) Verifying that each design-build team which submitted a preliminary proposal satisfies the requirements of NRS 408.3884 ;

(b) Conducting an evaluation of the qualifications of each design-build team that submitted a preliminary proposal, including, without limitation, an evaluation of:

(1) The professional qualifications and experience of the members of the design-build team;

(2) The performance history of the members of the design-build team concerning other recent, similar projects completed by those members, if any;

(3) The safety programs established and the safety records accumulated by the members of the design-build team;

(4) The proposed plan of the design-build team to manage the design and construction of the project that sets forth in detail the ability of the design-build team to design and construct the project; and

(5) The degree to which the preliminary proposal is responsive to the requirements of the Department for the submittal of a preliminary proposal; and

(c) Except as otherwise provided in this paragraph, assigning, without limitation, a relative weight of 5 percent to the possession of both a certificate of eligibility to receive a preference in bidding on public works by the prime contractor on the design-build team and a certificate of eligibility to receive a preference when competing for public works by all persons who hold a certificate of registration to practice architecture or a license as a professional engineer on the design-build team. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this paragraph relating to a preference in bidding on public works or a preference when competing for public works, those provisions of this paragraph do not apply insofar as their application would preclude or reduce federal assistance for that public work.

After the selection of finalists pursuant to this section, the Department shall make available to the public the results of the evaluations of preliminary proposals conducted pursuant to paragraph (b) of subsection 2 and identify which of the finalists, if any, received an assignment of 5 percent pursuant to paragraph (c) of subsection 2.

(Added to NRS by 1999, 3485 ; A 2001, 2020 , 2022 ;

2003, 119 ; 2011, 3705 )

NRS 408.3886

NRS

408.3886

Requests for final proposals and best and final offers: Selection or rejection of proposal or offer; contents of contract between Department and design-build team; applicability of prevailing wage requirements to projects; duties of design-build team.

After selecting the finalists pursuant to NRS 408.3885 , the Department shall provide to each finalist a request for final proposals for the project. The request for final proposals must:

(a) Set forth the factors that the Department will use to select a design-build team to design and construct the project, including the relative weight to be assigned to each factor; and

(b) Set forth the date by which final proposals must be submitted to the Department.

Except as otherwise provided in this subsection, in assigning the relative weight to each factor for selecting a design-build team pursuant to subsection 1, the Department shall assign, without limitation, a relative weight of 5 percent to the design-build teams possession of both a certificate of eligibility to receive a preference in bidding on public works by the prime contractor on the design-build team, if the design-build team submits a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117 , and a certificate of eligibility to receive a preference when competing for public works by all persons who hold a certificate of registration to practice architecture or a license as a professional engineer on the design-build team, and a relative weight of at least 30 percent for the proposed cost of design and construction of the project. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular project because of the provisions of this subsection relating to a preference in bidding on public works or a preference when competing for public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that project.
A final proposal submitted by a design-build team pursuant to this section must be prepared thoroughly, be responsive to the criteria that the Department will use to select a design-build team to design and construct the project described in subsection 1 and comply with the provisions of NRS 338.141 .
After receiving the final proposals for the project, the Department shall:

(a) Select the most cost-effective and responsive final proposal, using the criteria set forth pursuant to subsections 1 and 2;

(b) Reject all the final proposals; or

If the Department determines that no final proposal received is cost-effective or responsive and the Department further determines that requesting best and final offers pursuant to this subsection will likely result in the submission of a satisfactory offer, the Department may prepare and provide to each finalist a request for best and final offers for the project. In conjunction with preparing a request for best and final offers pursuant to this subsection, the Department may alter the scope of the project, revise the estimates of the costs of designing and constructing the project, and revise the selection factors and relative weights described in paragraph (a) of subsection 1. A request for best and final offers prepared pursuant to this subsection must set forth the date by which best and final offers must be submitted to the Department. After receiving the best and final offers, the Department shall:

(a) Select the most cost-effective and responsive best and final offer, using the criteria set forth in the request for best and final offers; or

(b) Reject all the best and final offers.

If the Department selects a final proposal pursuant to paragraph (a) of subsection 4 or selects a best and final offer pursuant to paragraph (a) of subsection 5, the Department shall hold a public meeting to:

(a) Review and ratify the selection.

(b) Partially reimburse the unsuccessful finalists if partial reimbursement was provided for in the request for preliminary proposals pursuant to paragraph (f) of subsection 3 of NRS 408.3883 . The amount of reimbursement must not exceed, for each unsuccessful finalist, 3 percent of the total amount to be paid to the design-build team as set forth in the design-build contract.

(c) Make available to the public a summary setting forth the factors used by the Department to select the successful design-build team and the ranking of the design-build teams who submitted final proposals and, if applicable, best and final offers. The Department shall not release to a third party, or otherwise make public, financial or proprietary information submitted by a design-build team.

A contract awarded pursuant to this section:

(a) Must comply with the provisions of NRS 338.013 to 338.090 , inclusive; and

(b) Must specify:

(1) An amount that is the maximum amount that the Department will pay for the performance of all the work required by the contract, excluding any amount related to costs that may be incurred as a result of unexpected conditions or occurrences as authorized by the contract;

(2) An amount that is the maximum amount that the Department will pay for the performance of the professional services required by the contract; and

(3) A date by which performance of the work required by the contract must be completed.

The Department, the design-build team, any contractor who is awarded a contract or enters into an agreement to perform work on the project, and any subcontractor who performs work on the project shall comply with the provisions of NRS 338.013 to 338.090 , inclusive, in the same manner as if the Department had undertaken the project or had awarded the contract.
A design-build team to whom a contract is awarded pursuant to this section shall:

(a) Assume overall responsibility for ensuring that the design and construction of the project is completed in a satisfactory manner; and

(b) Use the workforce of the prime contractor on the design-build team to construct at least 15 percent of the project.

(Added to NRS by 1999, 3485 ; A 2001, 252 , 2020 ,

2022 ;

2003, 119 , 2032 ,

2523 ;

2011, 54 , 3706 ;

2019, 716 )

NRS 408.389

NRS

408.389

Approval of Board of Directors required for purchase of certain equipment; analysis of costs and benefits of purchase and alternatives.

Except as otherwise provided in subsection 2, the Department shall not purchase any equipment which exceeds $50,000, unless the purchase is first approved by the Board.
Before the Board may approve the purchase of any mobile equipment which exceeds $50,000, the Department shall:

(a) Prepare and present to the Board an analysis of the costs and benefits, including, without limitation, all related personnel costs, that are associated with:

(1) Purchasing, operating and maintaining the same item of equipment;

(2) Leasing, operating and maintaining the same item of mobile equipment; or

(3) Contracting for the performance of the work which would have been performed using the mobile equipment; and

(b) Justify the need for the purchase based on that analysis.

The Board shall not:

(a) Delegate to the Director its authority to approve purchases of equipment pursuant to subsection 1; or

(b) Approve any purchase of mobile equipment which exceeds $50,000 and for which the Department is unable to provide justification pursuant to subsection 2.

(Added to NRS by 1991, 1904 ; A 1993, 1366 ; 2011, 1628 ; 2017, 4139 ; 2021, 3816 ; 2023, 2827 )

NRS 408.393

NRS

408.393

Enforcement of laws concerning labor; charges for transportation and meals; penalty; exception.

The Department shall:

(a) Cooperate with the Labor Commissioner in the enforcement of the state labor laws insofar as the labor laws relate to labor performed in construction, maintenance and repair of highways under the jurisdiction of the Department.

(b) Require that any work done, either by contract or days pay, must be paid for at the legal wage as fixed by law.

A contractor shall not charge persons seeking employment for transportation or fares in case of their being refused employment or in case of being discharged from employment, such transportation or fares applying to their return to the nearest city or town.
A contractor for any improvements on highways furnishing board for his or her employees shall not charge more than $3.50 per day for three substantial meals.
If any contractor violates any of the provisions of this section three times in any 1 year, the Department shall refuse the contractor the right to bid on any contract for 1 year, or participate in any contract as subcontractor or in any manner whatever during the period.
The Department and the Labor Commissioner shall enforce the provisions of this section.
This section does not apply to work done directly by any public utility pursuant to an order of the Department or other public authority, whether or not done under public supervision or direction, or paid for wholly or in part out of public money.

(Added to NRS by 1957, 687 ; A 1987, 1808 )

NRS 408.437

NRS

408.437

Permit to use law enforcement vehicle; limitations.

The Department shall establish a program wherein a contractor that has been awarded a contract for the construction, reconstruction, improvement, maintenance or repair of a highway may obtain a permit for the use of a law enforcement vehicle owned by the Nevada Highway Patrol that is:

(a) Plainly and clearly marked as a vehicle of the Nevada Highway Patrol;

(b) Equipped with at least one flashing red warning lamp and may be equipped with additional warning lights; and

The Department may adopt regulations to carry out the program established pursuant to this section.
Except as provided by subsection 5, a contractor who is issued a permit pursuant to subsection 1 for a law enforcement vehicle described in subsection 1 may:

(a) Tow the vehicle to and from the area where the work on the highway is being performed; and

(b) Operate the flashing red warning lamp or other warning lights while the vehicle is parked in the area in which work on the highway is being performed only if construction workers are present.

The use of a law enforcement vehicle pursuant to a permit issued pursuant to this section, including, without limitation, the operation of the flashing red warning lamp or other warning lights, shall not be considered the false impersonation of a police officer.
A contractor may only use the law enforcement vehicle pursuant to subsection 3 if the contractor has requested the presence of an authorized emergency vehicle operated by a peace officer employed by the Nevada Highway Patrol and neither an officer nor an authorized emergency vehicle could be made available in the area where the work on the highway is being performed.

(Added to NRS by 2023, 1810 )

WATER POLLUTION CONTROL

NRS 408.55027

NRS

408.55027

Existing policies and procedures relating to utilities in rights-of-way not altered; factors Department may consider to determine insurance requirements; authority of Department to determine or dictate placement of telecommunications facilities; compliance with certain federal laws required.

The requirements set forth in NRS 408.5501 to 408.55029 , inclusive, do not alter existing policies and procedures relating to other utility facilities within a right-of-way or for accommodating utility facilities or other facilities under the control of the Department.
The Department may consider the financial and technical qualifications of a telecommunications provider when determining specific insurance requirements for contractors authorized to enter a right-of-way to construct, install, inspect, test, maintain or repair telecommunications facilities with longitudinal access or wireless access to the right-of-way.
If the Department authorizes longitudinal access, wireless access or the use of and access to conduit or related facilities of the Department for construction and installation of a telecommunications facility, the Department may require an approved telecommunications provider to install the telecommunications facility in the same general location as similar facilities already in place, coordinate their planning and work with other contractors performing work in the same geographic area, install in a joint trench when two or more telecommunications providers are performing installations at the same time and equitably share costs between such providers.
The placement, installation, maintenance, repair, use, operation, replacement and removal of telecommunications facilities with longitudinal access or wireless access to a right-of-way or that use or access conduit or related facilities of the Department must be accommodated only when in compliance with NRS 408.423 and any regulations adopted pursuant to this chapter.
Access to a right-of-way must be administered in compliance with the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56-161, as amended.

(Added to NRS by 2017, 535 )

NRS 41.0307

NRS

41.0307

Employee, employment, immune contractor, public officer and officer defined.

As used in NRS 41.0305 to 41.039 , inclusive:

Employee includes an employee of a:

(a) Part-time or full-time board, commission or similar body of the State or a political subdivision of the State which is created by law.

(b) Charter school.

Employment includes any services performed by an immune contractor.
Immune contractor means any natural person, professional corporation or professional association which:

(a) Is an independent contractor with the State pursuant to NRS 333.700 ; and

(b) Contracts to provide medical services for the Department of Corrections.

Ê As used in this subsection, professional corporation and professional association have the meanings ascribed to them in NRS 89.020 .

Public officer or officer includes:

(a) A member of a part-time or full-time board, commission or similar body of the State or a political subdivision of the State which is created by law.

(b) A public defender and any deputy or assistant attorney of a public defender or an attorney appointed to defend a person for a limited duration with limited jurisdiction.

(c) A district attorney and any deputy or assistant district attorney or an attorney appointed to prosecute a person for a limited duration with limited jurisdiction.

(Added to NRS by 1977, 1536 ; A 1981, 247 ; 1987, 95 , 539 ;

1989, 695 ; 1991, 142 ; 1993, 2261 ; 1997, 914 ; 1999, 3319 ; 2001 Special Session, 213 ; 2003, 329 ; 2005, 2430 ; 2009, 2231 )

NRS 41.032

NRS

41.032

Acts or omissions of officers, employees and immune contractors.

Except as provided in NRS 278.0233 no action may be brought under NRS 41.031 or against an immune contractor or an officer or employee of the State or any of its agencies or political subdivisions which is:

Based upon an act or omission of an officer, employee or immune contractor, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation is valid, if the statute or regulation has not been declared invalid by a court of competent jurisdiction; or
Based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of the State or any of its agencies or political subdivisions or of any officer, employee or immune contractor of any of these, whether or not the discretion involved is abused.

(Added to NRS by 1965, 1413 ; A 1967, 992 ; 1977, 1536 ; 1983, 2100 ; 1987, 540 )

NRS 41.0322

NRS

41.0322

Actions by persons in custody of Department of Corrections to recover compensation for loss or injury.

A person who is or was in the custody of the Department of Corrections may not proceed with any action against the Department or any of its agents, former officers, employees or contractors to recover compensation for the loss of the persons personal property, property damage, personal injuries or any other claim arising out of a tort pursuant to NRS 41.031 unless the person has exhausted the persons administrative remedies provided by NRS 209.243 and the regulations adopted pursuant thereto.
The filing of an administrative claim pursuant to NRS 209.243 is not a condition precedent to the filing of an action pursuant to NRS 41.031 .
An action filed by a person in accordance with this section before the exhaustion of the persons administrative remedies must be stayed by the court in which the action is filed until the administrative remedies are exhausted. The court shall dismiss the action if the person has not timely filed the persons administrative claim pursuant to NRS 209.243 .
If a person has exhausted the persons administrative remedies and has filed and is proceeding with a civil action to recover compensation for the loss of the persons personal property, property damage, personal injuries or any other claim arising out of a tort, the Office of the Attorney General must initiate and conduct all negotiations for settlement relating to that action.

(Added to NRS by 1993, 1210 ; A 1995, 1517 ; 2001 Special Session, 213 )

NRS 41.03365

NRS

41.03365

Actions concerning equipment or personal property donated in good faith to volunteer fire department.

No action may be brought under NRS 41.031

or against an immune contractor or an officer or employee of the State or any of its agencies or political subdivisions for damages caused by any equipment or other personal property that was provided by any of them, in good faith and without charge, to a volunteer fire department for use by the volunteer fire department in carrying out its duties.

(Added to NRS by 2003, 329 )

NRS 41.0337

NRS

41.0337

State or political subdivision to be named party defendant.

No tort action arising out of an act or omission within the scope of a persons public duties or employment may be brought against any present or former:

(a) Local judicial officer or state judicial officer;

(b) Officer or employee of the State or of any political subdivision;

(d) State Legislator,

Ê unless the State or appropriate political subdivision is named a party defendant under NRS 41.031 .

No tort action may be brought against a person who is named as a defendant in the action solely because of an alleged act or omission relating to the public duties or employment of any present or former:

(a) Local judicial officer or state judicial officer;

(b) Officer or employee of the State or of any political subdivision;

(d) State Legislator,

Ê unless the State or appropriate political subdivision is named a party defendant under NRS 41.031 .

As used in this section:

(a) Local judicial officer has the meaning ascribed to it in NRS 41.03377 .

(b) State judicial officer has the meaning ascribed to it in NRS 41.03385 .

(Added to NRS by 1975, 896 ; A 1977, 481 , 1537 ;

1979, 1731 ; 1987, 540 ; 2013, 1494 )

Legal Representation

NRS 41.0338

NRS

41.0338

Official attorney defined.

Official attorney means:

The Attorney General, in an action which involves:

(a) A present or former state judicial officer, State Legislator, officer or employee of this State, immune contractor or member of a state board or commission; or

(b) A person who is named as a defendant in the action solely because of an alleged act or omission relating to the public duties or employment of a person listed in paragraph (a).

The chief legal officer or other authorized legal representative of a political subdivision, in an action which involves:

(a) A present or former local judicial officer of that political subdivision, a present or former officer or employee of that political subdivision or a present or former member of a local board or commission; or

(b) A person who is named as a defendant in the action solely because of an alleged act or omission relating to the public duties or employment of a person listed in paragraph (a).

(Added to NRS by 1979, 1733 ; A 1987, 540 ; 1999, 782 ; 2001, 63 , 64 ;

2013, 1494 )

NRS 41.0339

NRS

41.0339

Circumstances under which official attorney to provide defense or employ special counsel.

The official attorney shall provide for the defense, including the defense of cross-claims and counterclaims, of any present or former local judicial officer, state judicial officer, officer or employee of the State or a political subdivision, immune contractor or State Legislator in any civil action brought against that person based on any alleged act or omission relating to the persons public duties or employment, or any other person who is named as a defendant in a civil action solely because of an alleged act or omission relating to the public duties or employment of a local judicial officer, state judicial officer, officer or employee of the State or a political subdivision, immune contractor or State Legislator, if:

(a) Within 15 days after service of a copy of the summons and complaint or other legal document commencing the action, the person submits a written request for defense:

(1) To the official attorney; or

(2) If the officer, employee or immune contractor has an administrative superior, to the administrator of the persons agency and the official attorney; and

(b) The official attorney has determined that the act or omission on which the action is based appears to be within the course and scope of public duty or employment and appears to have been performed or omitted in good faith.

If the official attorney determines that it is impracticable, uneconomical or could constitute a conflict of interest for the legal service to be rendered by the official attorney or a deputy of the official attorney, the official attorney must employ special counsel pursuant to NRS 41.03435 or 41.0344 , whichever is applicable.

(Added to NRS by 1979, 1733 ; A 1987, 541 ; 2013, 1495 )

NRS 41.03433

NRS

41.03433

Representation by official attorney of person who is not named as defendant in action or proceeding.

The official attorney may represent any present or former local judicial officer, state judicial officer, officer or employee of the State or a political subdivision, immune contractor or State Legislator summoned or subpoenaed to appear in an action or proceeding in which the person is not a named defendant, if:

(a) Within 7 days after the delivery or service of the summons or subpoena, the person submits a written request for representation to the official attorney, and, if the person has an administrative supervisor, his or her administrative supervisor, unless a waiver is granted pursuant to subsection 9; and

(b) The official attorney determines that such representation is in the best interest of the State or a political subdivision of the State.

As soon as reasonably practicable after receiving a request pursuant to subsection 1, the official attorney shall determine whether to represent the person who submitted the request and provide written notice of his or her determination to that person.
No fact pertaining to the arrangements or circumstances by which the State or a political subdivision or any attorney thereof represents any person or does not represent a person pursuant to this section is admissible in evidence in any action or proceeding, except in connection with an application to withdraw as the attorney of record.
If the official attorney determines that it is impracticable, uneconomical or could constitute a conflict of interest for the official attorney to provide the legal services associated with representing a person pursuant to this section, the official attorney may employ special counsel to render such legal services. Compensation for special counsel employed by an official attorney pursuant to this subsection must be paid in accordance with the requirements prescribed by NRS 41.03435 or 41.0344 , as applicable.
At any time after a written request is submitted pursuant to subsection 1, the person requesting representation may employ his or her own counsel to represent him or her in the action or proceeding. At that time, the State or political subdivision is excused from any duty to represent that person and is not liable for any expenses associated with the action or proceeding, including, without limitation, court costs and attorneys fees.
The official attorney may apply to a court to withdraw from representing a person pursuant to this section at any time after the official attorney has appeared in an action or proceeding to represent the person upon notice to the person. Such notice must include, without limitation, the reason for the requested withdrawal.
If a court grants a motion to withdraw brought by the official attorney pursuant to subsection 6, the State or any political subdivision has no duty to continue to represent the person who is the subject of the motion to withdraw.
The provisions of this section do not abrogate or otherwise alter or affect any immunity from, or protection against, any civil action or civil liability which is provided by law to a local judicial officer, state judicial officer, officer or employee of the State or a political subdivision, immune contractor, State Legislator, member of a state board or commission or member of a local board or commission for any act or omission relating to the persons public duties or employment.
The official attorney may waive the requirement for notification prescribed by paragraph (a) of subsection 1 for good cause shown.
Nothing in this section shall be construed to require an official attorney to represent any present or former local judicial officer, state judicial officer, officer or employee of the State or a political subdivision, immune contractor or State Legislator in any action or proceeding.
As used in this section, action or proceeding means any action, suit, matter, cause, hearing, appeal or proceeding.

(Added to NRS by 2023, 1302 )

NRS 41.0346

NRS

41.0346

Withdrawal of official attorney as attorney of record.

At any time after the official attorney has appeared in any civil action and commenced to defend any person sued as a local judicial officer, state judicial officer, public officer, employee, immune contractor, member of a board or commission, State Legislator or any other person defended by the official attorney pursuant to NRS 41.0339 , the official attorney may apply to any court to withdraw as the attorney of record for that person based upon:

(a) Discovery of any new material fact which was not known at the time the defense was tendered and which would have altered the decision to tender the defense;

(b) Misrepresentation of any material fact by the person requesting the defense, if that fact would have altered the decision to tender the defense if the misrepresentation had not occurred;

(c) Discovery of any mistake of fact which was material to the decision to tender the defense and which would have altered the decision but for the mistake;

(d) Discovery of any fact which indicates that the act or omission on which the civil action is based was not within the course and scope of public duty or employment or was wanton or malicious;

(e) Failure of the defendant to cooperate in good faith with the defense of the case; or

(f) If the action has been brought in a court of competent jurisdiction of this state, failure to name the State or political subdivision as a party defendant, if there is sufficient evidence to establish that the civil action is clearly not based on any act or omission relating to the public duties or employment of a local judicial officer, state judicial officer, public officer, employee, immune contractor, member of a board or commission or State Legislator.

If any court grants a motion to withdraw on any of the grounds set forth in subsection 1 brought by the official attorney, the State or political subdivision has no duty to continue to defend any person who is the subject of the motion to withdraw.

(Added to NRS by 1979, 1734 ; A 1987, 541 ; 1999, 782 ; 2013, 1496 )

NRS 41.0347

NRS

41.0347

Liability of State or political subdivision for failure to provide defense.

If the official attorney does not provide for the defense of a present or former local judicial officer, state judicial officer, officer, employee, immune contractor, member of a board or commission of the State or any political subdivision or State Legislator in any civil action in which the State or political subdivision is also a named defendant, or which was brought in a court other than a court of competent jurisdiction of this state, and if it is judicially determined that the injuries arose out of an act or omission of that person during the performance of any duty within the course and scope of the persons public duty or employment and that the persons act or omission was not wanton or malicious:

(a) If the Attorney General was responsible for providing the defense, the State is liable to that person for reasonable expenses in prosecuting the persons own defense, including court costs and attorneys fees. These expenses must be paid, upon approval by the State Board of Examiners, from the Reserve for Statutory Contingency Account.

(b) If the chief legal officer or attorney of a political subdivision was responsible for providing the defense, the political subdivision is liable to that person for reasonable expenses in carrying on the persons own defense, including court costs and attorneys fees.

If the official attorney does not provide for the defense of a person who is named a defendant in any civil action solely because of an alleged act or omission relating to the public duties or employment of a present or former local judicial officer, state judicial officer, officer or employee of the State or any political subdivision, immune contractor or State Legislator and the State or political subdivision is also named a defendant, or the civil action was brought in a court other than a court of competent jurisdiction of this State, and if it is judicially determined that the injuries arose out of an act or omission of a local judicial officer, state judicial officer, officer or employee of the State or any political subdivision, immune contractor or State Legislator during the performance of any duty within the course and scope of such a persons public duty or employment and that the persons act or omission was not wanton or malicious:

(a) If the Attorney General was responsible for providing the defense, the State is liable to the person for reasonable expenses in prosecuting the persons own defense, including court costs and attorneys fees. These expenses must be paid, upon approval by the State Board of Examiners, from the Reserve for Statutory Contingency Account.

(Added to NRS by 1979, 1735 ; A 1987, 542 ; 1991, 1751 ; 2013, 1496 )

NRS 41.03473

NRS

41.03473

Provisions providing for defense by official attorney do not abrogate, alter or affect immunity or protection provided by law.

The provisions of NRS 41.03375 to 41.03473 , inclusive, do not abrogate or otherwise alter or affect any immunity from, or protection against, any civil action or civil liability which is provided by law to a local judicial officer, state judicial officer, officer or employee of this State or a political subdivision of this State, immune contractor, State Legislator, member of a state board or commission or member of a local board or commission for any act or omission relating to the persons public duties or employment.

(Added to NRS by 2013, 1494 )

Verdict, Judgment, Damages and Indemnification

NRS 41.03475

NRS

41.03475

No judgment against State or political subdivision permitted for acts outside scope of public duties or employment; exception.

Except as otherwise provided in NRS 41.745 , no judgment may be entered against the State of Nevada or any agency of the State or against any political subdivision of the State for any act or omission of any present or former officer, employee, immune contractor, member of a board or commission or State Legislator which was outside the course and scope of the persons public duties or employment.

(Added to NRS by 1979, 1735 ; A 1987, 542 ; 1997, 1357 )

NRS 41.0348

NRS

41.0348

Special verdict required.

In every action or proceeding in any court of this state in which both the State or political subdivision and any present or former officer, employee, immune contractor or member of a board or commission thereof or any present or former State Legislator are named defendants, the court or jury in rendering any final judgment, verdict, or other disposition shall return a special verdict in the form of written findings which determine whether:

The individual defendant was acting within the scope of the defendants public duty or employment; and
The alleged act or omission by the individual defendant was wanton or malicious.

(Added to NRS by 1979, 1735 ; A 1987, 542 )

NRS 41.0349

NRS

41.0349

Indemnification of present or former public officer, employee, immune contractor or State Legislator.

In any civil action brought against any present or former officer, employee, immune contractor, member of a board or commission of the State or a political subdivision or State Legislator, in which a judgment is entered against the person based on any act or omission relating to the persons public duty or employment, the State or political subdivision shall indemnify the person unless:

The person failed to submit a timely request for defense;
The person failed to cooperate in good faith in the defense of the action;
The act or omission of the person was not within the scope of the persons public duty or employment; or
The act or omission of the person was wanton or malicious.

(Added to NRS by 1979, 1735 ; A 1987, 543 )

NRS 41.035

NRS

41.035

Limitation on award for damages in tort actions.

An award for damages in an action sounding in tort brought under NRS 41.031

or against a present or former officer or employee of the State or any political subdivision, immune contractor or State Legislator arising out of an act or omission within the scope of the persons public duties or employment may not exceed the sum of $200,000, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant. An award may not include any amount as exemplary or punitive damages.

The limitations of subsection 1 upon the amount and nature of damages which may be awarded apply also to any action sounding in tort and arising from any recreational activity or recreational use of land or water which is brought against:

(a) Any public or quasi-municipal corporation organized under the laws of this State.

(b) Any person with respect to any land or water leased or otherwise made available by that person to any public agency.

(c) Any Indian tribe, band or community whether or not a fee is charged for such activity or use. The provisions of this paragraph do not impair or modify any immunity from liability or action existing on February 26, 1968, or arising after February 26, 1968, in favor of any Indian tribe, band or community.

Ê The Legislature declares that the purpose of this subsection is to effectuate the public policy of the State of Nevada by encouraging the recreational use of land, lakes, reservoirs and other water owned or controlled by any public or quasi-municipal agency or corporation of this State, wherever such land or water may be situated.

(Added to NRS by 1965, 1414 ; A 1968, 44 ; 1973, 1532 ; 1977, 985 , 1539 ;

1979, 1736 ; 1987, 543 ; 1995, 1073 ; 2007, 3024 , 3025 ;

2019, 3061 )

Miscellaneous Provisions

NRS 41.037

NRS

41.037

Administrative settlement of claims or actions.

Upon receiving a report of findings pursuant to subsection 5 of NRS 41.036 , the State Board of Examiners may approve, settle or deny any claim or action against the State, any of its agencies or any of its present or former officers, employees, immune contractors or State Legislators.
Upon approval of a claim by the State Board of Examiners or the Attorney General pursuant to subsection 4 of NRS 41.036 :

(a) The State Controller shall draw a warrant for the payment of the claim; and

(b) The State Treasurer shall pay the claim from:

(1) The Fund for Insurance Premiums; or

(2) The Reserve for Statutory Contingency Account.

The governing body of any political subdivision whose authority to allow and approve claims is not otherwise fixed by statute may:

(a) Approve, settle or deny any claim or action against that subdivision or any of its present or former officers or employees; and

(b) Pay the claim or settlement from any money appropriated or lawfully available for that purpose.

(Added to NRS by 1965, 1414 ; A 1973, 1532 ; 1977, 1539 ; 1979, 1736 ; 1985, 544 ; 1987, 544 ; 1989, 310 ; 1991, 1752 ; 1997, 281 )

NRS 41.0375

NRS

41.0375

Agreement to settle: Prohibited contents; required contents; constitutes public record; void under certain circumstances.

Any agreement to settle a claim or action brought under NRS 41.031 or against a present or former officer or employee of the State or any political subdivision, immune contractor or State Legislator:

(a) Must not provide that any or all of the terms of the agreement are confidential.

(b) Must include the amount of any attorneys fees and costs to be paid pursuant to the agreement.

Any provision of an agreement to settle a claim or action brought under NRS 41.031

or against a present or former officer or employee of the State or any political subdivision, immune contractor or State Legislator that conflicts with this section is void.

(Added to NRS by 2001, 826 )

NRS 41.038

NRS

41.038

Insurance of officers, employees and immune contractors of State or local government against liability.

The State and any local government may:

(a) Insure itself against any liability arising under NRS 41.031 .

(b) Insure any of its officers, employees or immune contractors against tort liability resulting from an act or omission in the scope of the persons employment.

(c) Insure against the expense of defending a claim against itself or any of its officers, employees or immune contractors whether or not liability exists on such a claim.

Any school district may insure any peace officer, requested to attend any school function, against tort liability resulting from an act or omission in the scope of the peace officers employment while attending such a function.
As used in this section:

(a) Insure means to purchase a policy of insurance or establish a self-insurance reserve or fund, or any combination thereof.

(b) Local government means every political subdivision and every other governmental entity in this State.

(Added to NRS by 1965, 1414 ; A 1969, 272 , 564 ;

1977, 388 ; 1987, 544 )

NRS 41.039

NRS

41.039

Filing of valid claim against political subdivision condition precedent to commencement of action against immune contractor, employee or officer.

An action which is based on the conduct of any immune contractor, employee or appointed or elected officer of a political subdivision of the State of Nevada while in the course of the persons employment or in the performance of the persons official duties may not be filed against the immune contractor, employee or officer unless, before the filing of the complaint in such an action, a valid claim has been filed, pursuant to NRS 41.031 to 41.038 , inclusive, against the political subdivision for which the immune contractor, employee or officer was authorized to act.

(Added to NRS by 1968, 27 ; A 1987, 96 , 544 )

AWARD OF ATTORNEYS FEES AND LITIGATION EXPENSES IN CRIMINAL ACTION IF POSITION OF STATE WAS VEXATIOUS, FRIVOLOUS OR IN BAD FAITH

NRS 41.500

NRS

41.500

General rule; volunteers; members of search and rescue organization; persons rendering cardiopulmonary resuscitation or using defibrillator; presumptions relating to emergency care rendered on public school grounds or in connection with public school activities; business or organization that has defibrillator for use on premises.

Except as otherwise provided in NRS 41.505 , any person in this State who renders emergency care or assistance in an emergency, gratuitously and in good faith, except for a person who is performing community service as a result of disciplinary action pursuant to any provision in title 54 of NRS, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering the emergency care or assistance or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured person.
Any person in this State who acts as a driver of an ambulance or attendant on an ambulance operated by a volunteer service or as a volunteer driver or attendant on an ambulance operated by a political subdivision of this State, or owned by the Federal Government and operated by a contractor of the Federal Government, and who in good faith renders emergency care or assistance to any injured or ill person, whether at the scene of an emergency or while transporting an injured or ill person to or from any clinic, doctors office or other medical facility, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.
Any person who is an appointed member of a volunteer service operating an ambulance or an appointed volunteer serving on an ambulance operated by a political subdivision of this State, other than a driver or attendant of an ambulance, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person whenever the person is performing his or her duties in good faith.
Any person who is a member of a search and rescue organization in this State under the direct supervision of any county sheriff who in good faith renders care or assistance in an emergency to any injured or ill person, whether at the scene of an emergency or while transporting an injured or ill person to or from any clinic, doctors office or other medical facility, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.
Any person who is employed by or serves as a volunteer for a public fire-fighting agency and who is authorized pursuant to chapter 450B of NRS to render emergency medical care at the scene of an emergency is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.
Any person who:

(a) Has successfully completed a course in cardiopulmonary resuscitation according to the guidelines of the American National Red Cross or American Heart Association;

(b) Has successfully completed the training requirements of a course in basic emergency care of a person in cardiac arrest conducted in accordance with the standards of the American Heart Association; or

(c) Is directed by the instructions of a dispatcher for an ambulance, air ambulance or other agency that provides emergency medical services before its arrival at the scene of the emergency,

Ê and who in good faith renders cardiopulmonary resuscitation in accordance with the persons training or the direction, other than in the course of the persons regular employment or profession, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care.

For the purposes of subsection 6, a person who:

(a) Is required to be certified in the administration of cardiopulmonary resuscitation pursuant to NRS 391.092 ; and

(b) In good faith renders cardiopulmonary resuscitation on the property of a public school or in connection with a transportation of pupils to or from a public school or while on activities that are part of the program of a public school,

Ê shall be presumed to have acted other than in the course of the persons regular employment or profession.

Any person who gratuitously and in good faith renders emergency medical care involving the use of an automated external defibrillator is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care.
A business or organization that has placed an automated external defibrillator for use on its premises is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by the person rendering such care or for providing the automated external defibrillator to the person for the purpose of rendering such care if the business or organization:

(a) Complies with all current federal and state regulations governing the use and placement of an automated external defibrillator;

(b) Ensures that the automated external defibrillator is maintained and tested according to the operational guidelines established by the manufacturer; and

(c) Establishes requirements for the notification of emergency medical assistance and guidelines for the maintenance of the equipment.

As used in this section, gratuitously means that the person receiving care or assistance is not required or expected to pay any compensation or other remuneration for receiving the care or assistance.

(Added to NRS by 1963, 359 ; A 1965, 674 ; 1973, 433 , 1432 ;

1975, 403 ; 1985, 1702 , 1753 ;

1991, 2165 ; 1997, 1716 , 1790 ;

1999, 484 , 934 ;

2005, 2558 ; 2009, 871 ; 2021, 1602 )

NRS 41.745

NRS

41.745

Liability of employer for intentional conduct of employee; limitations.

An employer is not liable for harm or injury caused by the intentional conduct of an employee if the conduct of the employee:

(a) Was a truly independent venture of the employee;

(b) Was not committed in the course of the very task assigned to the employee; and

(c) Was not reasonably foreseeable under the facts and circumstances of the case considering the nature and scope of his or her employment.

Ê For the purposes of this subsection, conduct of an employee is reasonably foreseeable if a person of ordinary intelligence and prudence could have reasonably anticipated the conduct and the probability of injury.

Nothing in this section imposes strict liability on an employer for any unforeseeable intentional act of an employee.
For the purposes of this section:

(a) Employee means any person who is employed by an employer, including, without limitation, any present or former officer or employee, immune contractor, an employee of a university school for profoundly gifted pupils described in chapter 388C of NRS or a member of a board or commission or Legislator in this State.

(b) Employer means any public or private employer in this State, including, without limitation, the State of Nevada, a university school for profoundly gifted pupils described in chapter 388C of NRS, any agency of this State and any political subdivision of the State.

(d) Officer has the meaning ascribed to it in subsection 4 of NRS 41.0307 .

(Added to NRS by 1997, 1357 ; A 2005, 2430 )

NRS 412.376

NRS

412.376

Statute of limitations; computation and suspension of period of limitation.

A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny, may be tried and punished at any time without limitation.
Except as otherwise provided in this section, a person charged with desertion in time of peace or the offense punishable under NRS 412.554 , is not liable to be tried by court-martial if the offense was committed more than 3 years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.
Except as otherwise provided in this section or title 15 of NRS, a person charged with any offense is not liable to be tried by court-martial or punished under NRS 412.286 to 412.302 , inclusive, if the offense was committed more than 3 years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command or before the imposition of punishment under NRS 412.286 to 412.302 , inclusive.
Periods in which the accused is absent without authority or fleeing from justice are excluded in computing the period of limitation prescribed in this section.
Periods in which the accused was absent from territory in which the State has the authority to apprehend the accused, or in the custody of civil authorities, or in the hands of the enemy, are excluded in computing the period of limitation prescribed in this section.
When the United States is at war, the running of any statute of limitations applicable to any offense under this Code:

(a) Involving fraud or attempted fraud against the United States, any state or any agency of either in any manner, whether by conspiracy or not;

(b) Committed in connection with the acquisition, care, handling, custody, control or disposition of any real or personal property of the United States or any state; or

(c) Committed in connection with the negotiation, procurement, award, performance, payment, interim financing, cancellation or other termination or settlement of any contract, subcontract or purchase order which is connected with or related to the prosecution of war or with any disposition of termination inventory by any war contractor or government agency,

Ê is suspended until 2 years after the termination of hostilities as proclaimed by the President of the United States or by a joint resolution of the Congress of the United States.

If charges or specifications are dismissed as defective or insufficient for any cause and the period prescribed by the applicable statute of limitations has expired or will expire within 180 days after the dismissal of the charges or specifications, trial and punishment under new charges and specification are not barred by the statute of limitations if the new charges and specifications:

(a) Are received by an officer exercising summary court-martial jurisdiction over the command within 180 days after the dismissal of the charges or specifications; and

(b) Allege the same acts or omissions that were alleged in the dismissed charges or specifications or allege acts or omissions that were included in the dismissed charges or specifications.

(Added to NRS by 1967, 1322 ; A 2013, 1128 )

NRS 422.273

NRS

422.273

Establishment, development and implementation of Medicaid managed care program. [Effective through December 31, 2025.]

For any Medicaid managed care program established in the State of Nevada, the Department shall contract only with a health maintenance organization that has:

(a) Negotiated in good faith with a federally-qualified health center to provide health care services for the health maintenance organization;

(b) Negotiated in good faith with the University Medical Center of Southern Nevada to provide inpatient and ambulatory services to recipients of Medicaid; and

(c) Negotiated in good faith with the University of Nevada School of Medicine to provide health care services to recipients of Medicaid.

Ê Nothing in this section shall be construed as exempting a federally-qualified health center, the University Medical Center of Southern Nevada or the University of Nevada School of Medicine from the requirements for contracting with the health maintenance organization.

During the development and implementation of any Medicaid managed care program, the Department shall cooperate with the University of Nevada School of Medicine by assisting in the provision of an adequate and diverse group of patients upon which the school may base its educational programs.
The University of Nevada School of Medicine may establish a nonprofit organization to assist in any research necessary for the development of a Medicaid managed care program, receive and accept gifts, grants and donations to support such a program and assist in establishing educational services about the program for recipients of Medicaid.
For the purpose of contracting with a Medicaid managed care program pursuant to this section, a health maintenance organization is exempt from the provisions of NRS 695C.123 .
The provisions of this section apply to any managed care organization, including a health maintenance organization, that provides health care services to recipients of Medicaid under the State Plan for Medicaid or the Childrens Health Insurance Program pursuant to a contract with the Division. Such a managed care organization or health maintenance organization is not required to establish a system for conducting external reviews of adverse determinations in accordance with chapter 695B , 695C

or 695G of NRS. This subsection does not exempt such a managed care organization or health maintenance organization for services provided pursuant to any other contract.

As used in this section, unless the context otherwise requires:

(a) Federally-qualified health center has the meaning ascribed to it in 42 U.S.C. § 1396d(l)(2)(B).

(b) Health maintenance organization has the meaning ascribed to it in NRS 695C.030 .

(Added to NRS by 1997, 1236 ; A 2001, 1927 ; 2003, 785 ; 2005, 22nd Special Session, 27 ; 2011, 3419 )

NRS

422.273

Establishment, development and implementation of statewide Medicaid managed care program; statewide procurement process to select health maintenance organizations to provide services. [Effective January 1, 2026.]

To the extent that money is available, the Department shall:

(a) Establish a Medicaid managed care program to provide health care services to recipients of Medicaid in all geographic areas of this State. The program is not required to provide services to recipients of Medicaid who are aged, blind or disabled pursuant to Title XVI of the Social Security Act, 42 U.S.C. §§ 1381 et seq.

(b) Conduct a statewide procurement process to select health maintenance organizations to provide the services described in paragraph (a).

For any Medicaid managed care program established in the State of Nevada, the Department shall contract only with a health maintenance organization that has:

(a) Negotiated in good faith with a federally-qualified health center to provide health care services for the health maintenance organization;

(b) Negotiated in good faith with the University Medical Center of Southern Nevada to provide inpatient and ambulatory services to recipients of Medicaid;

(c) Negotiated in good faith with the University of Nevada School of Medicine to provide health care services to recipients of Medicaid; and

(d) Complied with the provisions of subsection 2 of NRS 695K.220 .

During the development and implementation of any Medicaid managed care program, the Department shall cooperate with the University of Nevada School of Medicine by assisting in the provision of an adequate and diverse group of patients upon which the school may base its educational programs.
The University of Nevada School of Medicine may establish a nonprofit organization to assist in any research necessary for the development of a Medicaid managed care program, receive and accept gifts, grants and donations to support such a program and assist in establishing educational services about the program for recipients of Medicaid.
For the purpose of contracting with a Medicaid managed care program pursuant to this section, a health maintenance organization is exempt from the provisions of NRS 695C.123 .
To the extent that money is available, a Medicaid managed care program must include, without limitation, a state-directed payment arrangement established in accordance with 42 C.F.R. § 438.6(c) to require a Medicaid managed care organization to reimburse a critical access hospital and any federally-qualified health center or rural health clinic affiliated with a critical access hospital for covered services at a rate that is equal to or greater than the rate received by the critical access hospital, federally-qualified health center or rural health clinic, as applicable, for services provided to recipients of Medicaid on a fee-for-service basis.
The provisions of this section apply to any managed care organization, including a health maintenance organization, that provides health care services to recipients of Medicaid under the State Plan for Medicaid or the Childrens Health Insurance Program pursuant to a contract with the Division. Such a managed care organization or health maintenance organization is not required to establish a system for conducting external reviews of adverse determinations in accordance with chapter 695B , 695C

or 695G of NRS. This subsection does not exempt such a managed care organization or health maintenance organization for services provided pursuant to any other contract.

As used in this section, unless the context otherwise requires:

(a) Critical access hospital means a hospital which has been certified as a critical access hospital by the Secretary of Health and Human Services pursuant to 42 U.S.C. § 1395i-4(e).

(b) Federally-qualified health center has the meaning ascribed to it in 42 U.S.C. § 1396d(l)(2)(B).

(d) Managed care organization has the meaning ascribed to it in NRS 695G.050 .

(e) Rural health clinic has the meaning ascribed to it in 42 C.F.R. § 405.2401.

(Added to NRS by 1997, 1236 ; A 2001, 1927 ; 2003, 785 ; 2005, 22nd Special Session, 27 ; 2011, 3419 ; 2021, 3638 , effective January 1, 2026)

NRS 422.396

NRS

422.396

Establishment and administration of program to provide community-based services; application for federal waiver or amendment to State Plan for Medicaid; contracting for services; adoption of regulations.

The Department, through a division of the Department designated by the Director, shall establish and administer a program to provide community-based services necessary to enable a person with a physical disability to remain in his or her home or with his or her family and avoid placement in a facility for long-term care. The Department shall coordinate the provision of community-based services pursuant to this section.
The Department shall apply to the Secretary of Health and Human Services for a waiver granted pursuant to 42 U.S.C. § 1396n(c) or apply for an amendment to the State Plan for Medicaid that authorizes the Department to include as medical assistance under Medicaid the following services for persons with physical disabilities:

(a) Respite care;

(b) Habilitation;

(d) Environmental modifications;

(e) Supported living;

(f) Supported living habilitation;

(g) Supported personal care; and

(h) Any other community-based services approved by the Secretary of Health and Human Services.

Ê The Department shall cooperate with the Federal Government in obtaining a waiver or amendment pursuant to this subsection.

The Department may use personnel of the Department or it may contract with any appropriate public or private agency, organization or institution to provide the community-based services necessary to enable a person with a physical disability to remain in his or her home or with his or her family and avoid placement in a facility for long-term care.
A contract entered into with a public or private agency, organization or institution pursuant to subsection 3 must:

(a) Include a description of the type of service to be provided;

(b) Specify the price to be paid for each service and the method of payment; and

The Department shall adopt regulations necessary to carry out the provisions of this section, including, without limitation, the criteria to be used in determining eligibility for the services provided pursuant to the program. Before adopting regulations pursuant to this section, the Department shall solicit comments from persons with a variety of disabilities and members of the families of those persons.
As used in this section, person with a physical disability means a person with a severe physical disability that substantially limits his or her ability to participate and contribute independently in the community in which the person lives.

(Added to NRS by 1997, 2659 ; A 2003, 2622 ; 2013, 1622 ; 2023, 2995 )

NRS 422.399

NRS

422.399

Instruction in financial literacy for certain recipients of Medicaid.

The Department shall, to the extent that money is provided by the State Treasurer pursuant to NRS 422A.492 for that purpose, ensure that instruction in financial literacy is provided to a recipient of Medicaid who deposits a portion of his or her income in an individual development account pursuant to NRS 422A.493 .
The Department may contract for the services of an independent contractor to provide the instruction required in subsection 1.

(Added to NRS by 2021, 1547 )

PRESCRIPTION DRUGS

NRS 424.089

NRS

424.089

Individual development account: Provision of instruction in financial literacy to child for whom account is established.

The licensing authority shall, to the extent that money is provided by the State Treasurer pursuant to NRS 422A.492 for that purpose, ensure that instruction in financial literacy is provided to a child for whom an individual development account is established pursuant to NRS 424.088 .
The licensing authority may contract for the services of an independent contractor to provide the instruction required by subsection 1.

(Added to NRS by 2021, 1557 )

NRS 424.099

NRS

424.099

Organization of foster care agency; governing body; appointment of person to provide oversight; requirements when organized out of state.

A foster care agency must:

(a) Be organized as a business entity that is registered with the Secretary of State and holds a valid state business license pursuant to chapter 76 of NRS;

(b) Have a governing body, at least one member of which has knowledge of and experience in the programs and services offered by the foster care agency; and

The governing body of a foster care agency must have a written constitution or bylaws which prescribe the responsibility for the operation and maintenance of the foster care agency and which must include, without limitation, provisions that:

(a) Define the qualifications for and types of membership on the governing body;

(b) Specify the process for selecting members of the governing body, the terms of office for the members and officers of the governing body and orientation for new members of the governing body;

(d) Specify prohibited conflicts of interest of members of the governing body and employees, volunteers and independent contractors of the foster care agency.

The governing body of a foster care agency shall appoint a person to provide oversight of the foster care agency who meets the qualifications described in NRS 424.115 .
If the foster care agency is organized in another state, the governing body must meet at least once each year within this State or have a subcommittee whose members are residents of this State, one of whom is a member of the governing body, which is responsible to the governing body for ensuring that the foster care agency complies with the provisions of this chapter and any regulations adopted pursuant thereto.

(Added to NRS by 2013, 1434 )

NRS 424.145

NRS

424.145

Licensing authority or designee to investigate background of certain persons; periodic additional investigations.

The licensing authority or a person designated by the licensing authority shall obtain from appropriate law enforcement agencies information on the background and personal history of each applicant for or holder of a license to conduct a foster care agency and each owner, member of the governing body, employee, paid consultant, contractor, volunteer or vendor of that applicant or licensee who may come into direct contact with a child placed by the foster care agency, to determine whether the person investigated has been arrested for, has charges pending for or has been convicted of:

(a) Murder, voluntary manslaughter or mayhem;

(b) Any other felony involving the use or threatened use of force or violence against the victim or the use of a firearm or other deadly weapon;

(d) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime or a felony relating to prostitution;

(e) Abuse or neglect of a child or contributory delinquency;

(f) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454

of NRS;

(g) Abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995 , inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;

(h) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property within the immediately preceding 7 years;

(i) Any offense relating to pornography involving minors, including, without limitation, a violation of any provision of NRS 200.700 to 200.760 , inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;

(j) Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punishable as a misdemeanor, within the immediately preceding 7 years;

(k) A crime involving domestic violence that is punishable as a felony;

(l) A crime involving domestic violence that is punishable as a misdemeanor, within the immediately preceding 7 years;

(m) A criminal offense under the laws governing Medicaid or Medicare, within the immediately preceding 7 years;

(n) Any offense involving the sale, furnishing, purchase, consumption or possession of alcoholic beverages by a minor, including, without limitation, a violation of any provision of NRS 202.015 to 202.067 , inclusive, or driving a vehicle under the influence of alcohol or a controlled substance in violation of chapter 484C of NRS or a law of any other jurisdiction that prohibits the same or similar conduct, within the immediately preceding 7 years; or

(o) An attempt or conspiracy to commit any of the offenses listed in this subsection within the immediately preceding 7 years.

Unless a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history has been conducted pursuant to NRS 424.039 , a person who is required to submit to an investigation pursuant to this section shall not have contact with a child in a foster home without supervision before the investigation of the background and personal history of the person is completed.
The licensing authority or its designee shall conduct an investigation of each holder of a license to conduct a foster care agency and each owner, member of a governing body, employee, paid consultant, contractor, volunteer or vendor who may come into direct contact with a child placed by the foster care agency pursuant to this section at least once every 5 years after the initial investigation.

(Added to NRS by 2013, 1436 ; A 2015, 833 )

NRS 424.155

NRS

424.155

Person investigated to supply fingerprints; child abuse and neglect screening; exchange of information; report from Federal Bureau of Investigation; actions of licensing authority upon receipt of report.

Each applicant for or holder of a license to conduct a foster care agency, and each owner, member of the governing body, employee, paid consultant, contractor, volunteer or vendor of that applicant or licensee who may come into direct contact with a child placed by the foster care agency, must submit to the licensing authority or its approved designee:

(a) A complete set of fingerprints and written permission authorizing the licensing authority or its approved designee to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report to enable the licensing authority or its approved designee to conduct an investigation pursuant to NRS 424.145 ; and

(b) Written permission to conduct a child abuse and neglect screening.

For each person who submits the documentation required pursuant to subsection 1, the licensing authority or its approved designee shall conduct a child abuse and neglect screening of the person in every state in which the person has resided during the immediately preceding 5 years.
The licensing authority or its approved designee may exchange with the Central Repository or the Federal Bureau of Investigation any information respecting the fingerprints submitted.
When a report from the Federal Bureau of Investigation is received by the Central Repository, it shall immediately forward a copy of the report to the licensing authority or its approved designee.
Upon receiving a report pursuant to this section, the licensing authority or its approved designee shall determine whether the person has been arrested for, has charges pending for or has been convicted of a crime listed in NRS 424.145 .
The licensing authority shall immediately inform the foster care agency whether an owner, member of the governing body, employee, paid consultant, contractor, volunteer or vendor of the foster care agency who may come into direct contact with a child placed by the foster care agency has been arrested for, has charges pending for or has been convicted of a crime listed in NRS 424.145 .

(Added to NRS by 2013, 1437 )

NRS 424.165

NRS

424.165

Termination of person arrested for, charged with or convicted of certain crimes; correction of information.

Upon receiving information from the licensing authority or its approved designee pursuant to NRS 424.155 or evidence from any other source that an owner, member of the governing body, employee, consultant, contractor, volunteer or vendor of a foster care agency who may come into direct contact with a child placed by the foster care agency has been arrested for, has charges pending for or has been convicted of a crime listed in NRS 424.145 , the foster care agency shall terminate the employment, contract or volunteer activities of the person after allowing the person time to correct the information as required pursuant to subsection 2.
If a person believes that the information provided about him or her pursuant to subsection 1 is incorrect, the person must inform the foster care agency immediately. A foster care agency that is so informed shall give the person 30 days to correct the information.
During the period in which a person seeks to correct information pursuant to subsection 2, it is within the discretion of the foster care agency whether to allow the person to continue to be associated with the foster care agency, except that the person must not have contact with a child in any foster home without supervision during any such period.

(Added to NRS by 2013, 1438 )

NRS 424.170

NRS

424.170

Persons associated with foster care agency prohibited from engaging in certain activities with foster care agency.

A member of the governing body, employee, consultant, contractor, volunteer or vendor of a foster care agency may not:

Be a provider of foster care who has a contract with the foster care agency for the placement of children unless approved by the licensing authority; or
Be a biological parent of a child in the custody of an agency which provides child welfare services or of a child placed by a juvenile court in a foster home operated by the foster care agency.

(Added to NRS by 2013, 1438 )

NRS 425.393

NRS

425.393

Authority of Chief to request information to carry out chapter; compliance with request.

The Chief may request the following information to carry out the provisions of this chapter:

(a) The records of the following public officers and state, county and local agencies:

(1) The State Registrar of Vital Statistics;

(2) Agencies responsible for maintaining records relating to state and local taxes and revenue;

(3) Agencies responsible for keeping records concerning real property and personal property for which a title must be obtained;

(4) All boards, commissions and agencies that issue occupational or professional licenses, certificates or permits;

(5) The Secretary of State;

(6) The Employment Security Division of the Department of Employment, Training and Rehabilitation;

(7) Agencies that administer public assistance;

(8) The Department of Motor Vehicles;

(9) The Department of Public Safety;

(10) The Department of Corrections; and

(11) Law enforcement agencies and any other agencies that maintain records of criminal history.

(b) The names and addresses of:

(1) The customers of public utilities and video service providers; and

(2) The employers of the customers described in subparagraph (1).

(c) Information in the possession of financial institutions relating to the assets, liabilities and any other details of the finances of a person.

(d) Information in the possession of a public or private employer relating to the employment, compensation and benefits of a person employed by the employer as an employee or independent contractor.

If a person or other entity fails to supply the information requested pursuant to subsection 1, the Administrator may issue a subpoena to compel the person or entity to provide that information. A person or entity who fails to comply with a request made pursuant to subsection 1 is subject to a civil penalty not to exceed $500 for each failure to comply.
A disclosure made in good faith pursuant to subsection 1 does not give rise to any action for damages for the disclosure.

(Added to NRS by 1997, 2243 ; A 1999, 547 ; 2001, 2608 ; 2001 Special Session, 239 ; 2003, 289 ; 2007, 1391 )

NRS 432.100

NRS

432.100

Establishment, maintenance and contents; release of information under certain circumstances; access to information.

There is hereby established a Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child. This Central Registry must be maintained by the Division.
The Central Registry must contain:

(a) The information in any substantiated report of child abuse or neglect made pursuant to NRS 392.303 or 432B.220 ;

(b) The information in any substantiated report of a violation of NRS 201.540 , 201.553 , 201.560 ,

392.4633 or 394.366 made pursuant to NRS 392.303 ;

(d) Any other information which the Division determines to be in furtherance of NRS 392.275 to 392.365 , inclusive, 432.097 to 432.130 , inclusive, and 432B.010 to 432B.400 , inclusive.

The Division may release information contained in the Central Registry to an employer if:

(a) The person who is the subject of a background investigation by the employer provides written authorization for the release of the information; and

(b) Either:

(1) The employer is required by law to conduct the background investigation of the person for employment purposes; or

(2) The person who is the subject of the background investigation could, in the course of his or her employment, have regular and substantial contact with children or regular and substantial contact with elderly persons who require assistance or care from other persons,

Ê but only to the extent necessary to inform the employer whether the person who is the subject of the background investigation has been found to have abused or neglected a child.

Except as otherwise provided in this section or by specific statute, information in the Central Registry may be accessed only by:

(a) An employee of the Division;

(b) An agency which provides child welfare services;

(c) An employee of the Division of Welfare and Supportive Services of the Department who is obtaining information in accordance with NRS 432A.170 ; and

(d) With the approval of the Administrator, an employee or contractor of any other state or local governmental agency responsible for the welfare of children who requests access to the information and who demonstrates to the satisfaction of the Administrator a bona fide need to access the information. Any approval or denial of a request submitted in accordance with this paragraph is at the sole discretion of the Administrator.

(Added to NRS by 1975, 790 ; A 1977, 738 ; 1979, 546 ; 1985, 1385 ; 1993, 2704 ; 1999, 2029 ; 2005, 2029 ; 2015, 1097 ; 2017, 2057 ; 2023, 1722 , 2490 )

NRS 432.535

NRS

432.535

Rights with respect to education and vocational training of child.

With respect to the education and vocational training of a child placed in a foster home by an agency which provides child welfare services, the child has the right:

To receive fair and equal access to an education, including, without limitation, the right:

(a) To receive an education as required by law;

(b) To have stability in and minimal disruption to his or her education when the child is placed in a foster home;

(c) To attend the school and remain in the scholastic activities that he or she was enrolled in before placement in a foster home, to the extent practicable and if in the best interests of the child;

(d) To have educational records transferred in a timely manner from the school that he or she was enrolled in before placement in a foster home to a new school, if any;

(e) Not to be identified as a foster child to other students at his or her school by an employee of a school district, including, without limitation, a school administrator, teacher or instructional aide;

(f) To receive any educational screening, assessment or testing required by law;

(g) To be referred to and receive educational evaluation and services as soon as practicable after the need for such services has been identified, including, without limitation, access to special education and special services to meet the unique needs of a child with educational or behavioral disabilities or impairments that adversely affect the childs educational performance;

(h) To have access to information regarding relevant educational opportunities, including, without limitation, course work for vocational and postsecondary educational programs and financial aid for postsecondary education, once the child is 16 years of age or older; and

(i) To attend a class or program concerning independent living for which he or she is qualified that is offered by the agency which provides child welfare services or another agency or contractor of the State.

To reasonable participation in extracurricular, cultural and personal enrichment activities which are consistent with the age and developmental level of the child.
To work and to receive vocational training, to the extent permitted by statute and consistent with the age and developmental level of the child.
To have access to transportation, if practicable, to allow the child to participate in extracurricular, cultural, personal and work activities.

(Added to NRS by 2011, 652 ; A 2017, 2934 )

NRS 433.4543

NRS

433.4543

Text of Compact.

The Interstate Compact on Mental Health is hereby ratified, enacted into law and entered into with all jurisdictions legally joining in the Compact, in substantially the form set forth in this section:

INTERSTATE COMPACT ON MENTAL HEALTH

The contracting states solemnly agree that:

ARTICLE I.

The party states find that the proper and expeditious treatment of persons with mental illness and mental deficiencies can be facilitated by cooperative action, to the benefit of the patients, their families and society as a whole. Further, the party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this Compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of the mentally ill and mentally deficient under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare.

ARTICLE II.

As used in this Compact:

(a) Aftercare means care, treatment and services provided to a patient on convalescent status or conditional release.

(b) Institution means any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or mental deficiency.

(c) Mental deficiency means mental deficiency as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing himself or herself and his or her affairs, but does not include mental illness as defined herein.

(d) Mental illness means mental disease to such extent that a person so afflicted requires care and treatment for his or her own welfare, or the welfare of others, or of the community.

(e) Patient means any person subject to or eligible as determined by the laws of the sending state, for institutionalization or other care, treatment or supervision pursuant to the provisions of this Compact.

(f) Receiving state means a party state to which a patient is transported pursuant to the provisions of the Compact or to which it is contemplated that a patient may be so sent.

(g) Sending state means a party state from which a patient is transported pursuant to the provisions of the Compact or from which it is contemplated that a patient may be so sent.

(h) State means any state, territory or possession of the United States, the District of Columbia and the Commonwealth of Puerto Rico.

ARTICLE III.

(a) Whenever a person physically present in any party state is in need of institutionalization by reason of mental illness or mental deficiency, he or she is eligible for care and treatment in an institution in that state irrespective of his or her residence, settlement or citizenship qualifications.

(b) The provisions of paragraph (a) of this Article to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of said patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph include the patients full record with due regard for the location of the patients family, character of the illness and probable duration thereof and such other factors as are considered appropriate.

(c) No state is obliged to receive any patient pursuant to the provisions of paragraph (b) of this Article unless the sending state has given advance notice of its intention to send the patient, furnished all available medical and other pertinent records concerning the patient and given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if said authorities so wish and the receiving state agrees to accept the patient.

(d) In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this Compact must receive the same priority as a local patient and must be taken in the same order and at the same time that he or she would be taken if he or she were a local patient.

(e) Pursuant to this Compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such further transfer of the patient may be made as seems likely to be in the best interest of the patient.

ARTICLE IV.

(a) Whenever, pursuant to the laws of the state in which a patient is physically present, it is determined that the patient should receive aftercare or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state have reason to believe that aftercare in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such aftercare in said receiving state, and such investigation must be made with all reasonable speed. The request for investigation must be accompanied by complete information concerning the patients intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient and such other documents as may be pertinent.

(b) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive aftercare or supervision in the receiving state.

(c) In supervising, treating or caring for a patient on aftercare pursuant to the terms of this Article, a receiving state shall employ the same standards of visitation, examination, care and treatment that it employs for similar local patients.

ARTICLE V.

Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, he or she must be detained in the state where found pending disposition in accordance with law.

ARTICLE VI.

The duly accredited officers of any state party to this Compact, upon the establishment of their authority and the identity of the patient, must be permitted to transport any patient being moved pursuant to this Compact through any and all states party to this Compact, without interference.

ARTICLE VII.

(a) No person shall be deemed a patient of more than one institution at any given time. Completion of transfer of any patient to an institution in a receiving state has the effect of making the person a patient of the institution in the receiving state.

(b) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this Compact, but any two or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves.

(c) No provision of this Compact shall be construed to alter or affect any internal relationships among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs or responsibilities therefor.

(d) Nothing in this Compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this Compact.

(e) Nothing in this Compact shall be construed to invalidate any reciprocal agreement between a party state and a nonparty state relating to institutionalization, care or treatment of the mentally ill or mentally deficient, or any statutory authority pursuant to which such agreements may be made.

ARTICLE VIII.

(a) Except as otherwise provided in paragraph (b) of this Article, nothing in this Compact shall be construed to abridge, diminish or in any way impair the rights, duties and responsibilities of any patients guardian on his or her own behalf or in respect of any patient for whom he or she may serve.

(b) Except as otherwise provided in paragraph (c) of this Article, where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court which appointed the previous guardian shall, upon being duly advised of the new appointment and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent is appropriate in the circumstances.

(c) In the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state has the sole discretion to relieve a guardian appointed by it or continue his or her power and responsibility, whichever it deems advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment.

(d) The term guardian as used in paragraphs (a), (b) and (c) of this Article includes any guardian, trustee, legal committee, conservator or other person or agency, however denominated, who is charged by law with power to act for or responsibility for the person or property of a patient.

ARTICLE IX.

(a) No provision of this Compact except Article V applies to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or mental deficiency, said person would be subject to incarceration in a penal or correctional institution.

(b) To every extent possible, it is the policy of states party to this Compact that no patient shall be placed or detained in any prison, jail or lockup, but such patient must, with all expedition, be taken to a suitable institutional facility for mental illness or mental deficiency.

ARTICLE X.

(a) Each party state shall appoint a Compact Administrator who, on behalf of his or her state, shall act as general coordinator of activities under the Compact in his or her state and who shall receive copies of all reports, correspondence and other documents relating to any patient processed under the Compact by his or her state either in the capacity of sending or receiving state. The Compact Administrator or his or her duly designated representative is the official with whom other party states shall deal in any matter relating to the Compact or any patient processed thereunder.

(b) The Compact Administrators of the respective party states have power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this Compact.

ARTICLE XI.

The duly constituted administrative authorities of any two or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned find that such agreements will improve services, facilities or institutional care and treatment in the fields of mental illness or mental deficiency. No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this Compact.

ARTICLE XII.

This Compact enters into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein.

ARTICLE XIII.

(a) A state party to this Compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal takes effect 1 year after notice thereof has been communicated officially and in writing to the Governors and Compact Administrators of all other party states. However, the withdrawal of any state does not change the status of any patient who has been sent to said state or sent out of said state pursuant to the provisions of the Compact.

(b) Withdrawal from any agreement permitted by paragraph (b) of Article VII as to costs or from any supplementary agreement made pursuant to Article XI must be in accordance with the terms of such agreement.

ARTICLE XIV.

This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact are severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance will not be affected thereby. If this Compact is held contrary to the constitution of any state party thereto, the Compact remains in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

(Added to NRS by 2015, 1030 )

NRS 433.639

NRS

433.639

Child abuse and neglect screening; termination upon receipt of substantiated report; opportunity to correct information; review; regulations; civil penalties.

Not later than 3 days after employing a person to provide or supervise the provision of peer recovery support services in a position where the person has regular and substantial contact with minors or retaining a person as an independent contractor to provide or supervise the provision of peer recovery support services in such a position and every 5 years thereafter, an employer, or person or entity who retained the independent contractor, shall:

(a) Obtain from the employee or independent contractor written authorization for the release of any information that may be available from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100 ; and

(b) Complete a child abuse and neglect screening through the Central Registry to determine whether there has been a substantiated report of child abuse or neglect or a violation of NRS 201.540 , 201.553 , 201.560 ,

392.4633 or 394.366 made against the person.

Except as otherwise provided in any regulations adopted pursuant to subsection 4, upon receiving information pursuant to subsection 1 from the Central Registry or from any other source that an employee or independent contractor described in subsection 1 has, within the immediately preceding 5 years, had a substantiated report of child abuse or neglect or a violation of NRS 201.540 , 201.553 , 201.560 , 392.4633

or 394.366 made against him or her, the employer or person or entity who retained the independent contractor shall terminate the employment or contract of the employee or independent contractor, as applicable, after allowing the employee or independent contractor time to correct the information as required pursuant to subsection 3.

If an employee or independent contractor described in subsection 1 believes that the information provided to the employer or person or entity who retained the independent contractor pursuant to subsection 2 is incorrect, the employee or independent contractor must inform the employer, person or entity immediately. The employer, person or entity shall give any such employee or independent contractor 30 days to correct the information.
The Division, in consultation with each agency which provides child welfare services, may establish by regulation a process by which it may review evidence upon request to determine whether an employee or independent contractor described in subsection 1 who has, within the immediately preceding 5 years, had a substantiated report of child abuse or neglect or a violation of NRS 201.540 , 201.553 , 201.560 ,

392.4633 or 394.366 made against him or her may continue to provide or supervise the provision of peer recovery support services and have regular and substantial contact with minors despite the report. Any such review must be conducted in a manner which does not discriminate against a person in violation of 42 U.S.C. §§ 2000e et seq.

If a process for review is established pursuant to subsection 4, an employee or independent contractor described in subsection 1 may request such a review in the manner established by the Division. Any determination made by the Division is final for purposes of judicial review.
During any period in which an employee or independent contractor seeks to correct information pursuant to subsection 3 or requests a review of information pursuant to subsection 5, it is within the discretion of the employer or person or entity who retained the independent contractor whether to allow the employee or independent contractor to continue to work for the employer, person or entity, as applicable, except that the employee or independent contractor shall not have regular and substantial contact with minors without supervision during such a period.
The Division shall adopt regulations to establish civil penalties to be imposed against any person or entity that fails to comply with the requirements of this section.
As used in this section, agency which provides child welfare services has the meaning ascribed to it in NRS 424.011 .

(Added to NRS by 2021, 2814 ; A 2023, 2491 )

NRS 433.641

NRS

433.641

Maintenance of records.

A person or entity that employs a person or retains an independent contractor for the purpose of providing or supervising the provision of peer recovery support services in a position where the person has regular and substantial contact with minors shall maintain records of the information concerning such employees and independent contractors that is collected pursuant to NRS 433.639 , including, without limitation, the written authorization for the release of information from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100 .
The records maintained pursuant to subsection 1 must be:

(a) Maintained for the period that the employee or independent contractor has regular and substantial contact with minors; and

(b) Made available for inspection by the Division at any reasonable time and copies thereof must be furnished to the Division upon request.

(Added to NRS by 2021, 2815 )

SUICIDE PREVENTION LIFELINE PROGRAM

NRS 433.704

NRS

433.704

Implementation of hotline; immunity from liability for telecommunications provider.

The Division shall support the implementation of a hotline for persons who are considering suicide or otherwise in a behavioral health crisis that may be accessed by dialing the digits 9-8-8 by:

(a) Establishing at least one support center that meets the requirements of NRS 433.706 to answer calls to the hotline and coordinate the response to persons who access the hotline;

(b) Encouraging the establishment of and, to the extent that money is available, establishing mobile crisis teams to provide community-based intervention, including, without limitation, de-escalation and stabilization, for persons who are considering suicide or otherwise in a behavioral health crisis and access the hotline;

(c) Participating in any collection of information by the Federal Government concerning the National Suicide Prevention Lifeline program;

(d) Collaborating with the National Suicide Prevention Lifeline program and the Veterans Crisis Line program established pursuant to 38 U.S.C. § 1720F(h) to ensure consistent messaging to the public about the hotline;

(e) Supporting the provision of crisis stabilization services at hospitals that hold endorsements as crisis stabilization centers pursuant to NRS 449.0915 ; and

(f) Adopting any regulations necessary to carry out the provisions of NRS 433.702 to 433.710 , inclusive, including, without limitation:

(1) Regulations establishing the qualifications of providers of services who are involved in responding to persons who are considering suicide or are otherwise in a behavioral health crisis and access the hotline;

(2) Any regulations necessary to allow for communication and sharing of information between persons and entities involved in responding to crises and emergencies in this State to facilitate the coordination of care for persons who are considering suicide or are otherwise in a behavioral health crisis and access the hotline; and

(3) Regulations defining the term person professionally qualified in the field of behavioral health for the purposes of this section.

A mobile crisis team established pursuant to paragraph (b) of subsection 1 must be:

(a) A team based in the jurisdiction that it serves which includes persons professionally qualified in the field of behavioral health and providers of peer recovery support services;

(b) A team established by a provider of emergency medical services that includes persons professionally qualified in the field of behavioral health and providers of peer recovery support services; or

(c) A team established by a law enforcement agency that includes law enforcement officers, persons professionally qualified in the field of psychiatric mental health and providers of peer recovery support services.

A telecommunications provider and its employees, agents, subcontractors and suppliers are not liable for damages that directly or indirectly result from the installation, maintenance or provision of service in relation to the hotline implemented pursuant to this section, including, without limitation, the total or partial failure of any transmission to a support center, unless willful conduct or gross negligence is proven.
As used in this section, peer recovery support services means nonclinical supportive services that use lived experience in recovery from a substance use disorder or other behavioral health disorder to promote recovery in another person with a substance use disorder or other behavioral health disorder by advocating, mentoring, educating, offering hope and providing assistance in navigating systems.

(Added to NRS by 2021, 2842 ; A 2023, 1482 )

NRS 439.030

NRS

439.030

State Board of Health: Creation; members; qualifications.

The State Board of Health, consisting of seven members appointed by the Governor, is hereby created.
The Governor shall appoint:

(a) Two members who are doctors of medicine who have been licensed to practice in this State and have engaged in the practice of medicine in this State for not less than 5 years immediately prior to the appointments.

(b) One member who is a doctor of dental surgery who has been licensed to practice in this State and has engaged in the practice of dentistry in this State for not less than 5 years immediately prior to the appointment.

(c) One member who is a doctor of veterinary medicine who has been licensed to practice in this State and has engaged in the practice of veterinary medicine in this State for not less than 5 years immediately preceding the appointment.

(d) One member who is a registered nurse who has been licensed by this State and has engaged in nursing for at least 5 years immediately prior to the appointment.

(e) One member who is a general engineering contractor or general building contractor who is licensed by this State.

(f) One member who is a representative of the general public.

[1:199:1911; A 1919, 221 ; 1939, 297 ; 1931 NCL § 5235]—(NRS A 1959, 92 ; 1967, 278 ; 1977, 633 )

NRS 439.272

NRS

439.272

State Dental Health Officer: Appointment by Director of Department in unclassified service or as contractor; qualifications; duties.

The Director shall appoint a State Dental Health Officer, who may serve in the unclassified service of the State or as a contractor for the Department. The State Dental Health Officer must:

(a) Be a resident of this State;

(b) Have satisfied the educational requirements for and may, but is not required to, satisfy any other requirements for the issuance of an unrestricted license to practice dentistry pursuant to chapter 631 of NRS; and

(c) Be appointed on the basis of his or her education, training and experience and his or her interest in public dental health and related programs.

The State Dental Health Officer shall:

(a) Determine the needs of the residents of this State for public dental health;

(b) Provide the Advisory Committee and the Department with advice regarding public dental health;

(c) Make recommendations to the Advisory Committee, the Department and the Legislature regarding programs in this State for public dental health;

(d) Work collaboratively with the State Public Health Dental Hygienist; and

(e) Seek such information and advice from the Advisory Committee or from any dental education program in this State, including any such programs of the Nevada System of Higher Education, as necessary to carry out his or her duties.

(Added to NRS by 2001, 2690 ; A 2005, 1569 ; 2005, 22nd Special Session, 54 ; 2009, 28 ; 2015, 2476 ; 2021, 3605 ; 2023, 199 )—(Replaced in revision in 2021 by NRS 422.239; substituted in revision in 2023 for NRS 422.239)

NRS 439.279

NRS

439.279

State Public Health Dental Hygienist: Appointment; classification; qualifications; duties; solicitation and acceptance of gifts and grants.

The Department shall appoint a State Public Health Dental Hygienist, who may serve in the unclassified service of the State or as a contractor for the Department. The State Public Health Dental Hygienist:

(a) Must be a resident of this State;

(b) May, but is not required to, hold a current license to practice dental hygiene issued pursuant to chapter 631 of NRS with a special endorsement issued pursuant to NRS 631.287 ; and

(c) Must be appointed on the basis of his or her education, training and experience and his or her interest in public health dental hygiene and related programs.

The State Public Health Dental Hygienist:

(a) Shall work collaboratively with the State Dental Health Officer in carrying out his or her duties; and

(b) May:

(1) Provide advice and make recommendations to the Advisory Committee and the Department regarding programs in this State for public health dental hygiene; and

(2) If he or she holds a license to practice dental hygiene issued pursuant to chapter 631 of NRS with a special endorsement issued pursuant to NRS 631.287 , perform any acts authorized pursuant to NRS 631.287 .

The Department may solicit and accept gifts and grants to pay the costs associated with the position of State Public Health Dental Hygienist.

(Added to NRS by 2001, 2690 ; A 2005, 1569 ; 2005, 22nd Special Session, 55 ; 2009, 29 ; 2015, 2477 ; 2023, 200 )

NRS 439.875

NRS

439.875

Patient safety committee: Establishment; composition; meetings; duties; proceedings and records are privileged.

A medical facility shall establish a patient safety committee.
Except as otherwise provided in subsection 3:

(a) A patient safety committee established pursuant to subsection 1 must be composed of:

(1) The infection control officer of the medical facility.

(2) The patient safety officer of the medical facility, if he or she is not designated as the infection control officer of the medical facility.

(3) At least three providers of health care who treat patients at the medical facility, including, without limitation, at least one member of the medical, nursing and pharmaceutical staff of the medical facility.

(4) One member of the executive or governing body of the medical facility.

(b) A patient safety committee shall meet at least once each month.

The Administrator shall adopt regulations prescribing the composition and frequency of meetings of patient safety committees at medical facilities having fewer than 25 employees and contractors.
A patient safety committee shall:

(a) Receive reports from the patient safety officer pursuant to NRS 439.870 .

(b) Evaluate actions of the patient safety officer in connection with all reports of sentinel events alleged to have occurred at the medical facility.

(c) Review and evaluate the quality of measures carried out by the medical facility to improve the safety of patients who receive treatment at the medical facility.

(d) Review and evaluate the quality of measures carried out by the medical facility to prevent and control infections at the medical facility.

(e) Make recommendations to the executive or governing body of the medical facility to reduce the number and severity of sentinel events and infections that occur at the medical facility.

(f) At least once each calendar quarter, report to the executive or governing body of the medical facility regarding:

(1) The number of sentinel events that occurred at the medical facility during the preceding calendar quarter;

(2) The number and severity of infections that occurred at the medical facility during the preceding calendar quarter; and

(3) Any recommendations to reduce the number and severity of sentinel events and infections that occur at the medical facility.

(g) Adopt patient safety checklists and patient safety policies as required by NRS 439.877 , review the checklists and policies annually and revise the checklists and policies as the patient safety committee determines necessary.

The proceedings and records of a patient safety committee are subject to the same privilege and protection from discovery as the proceedings and records described in NRS 49.265 .

(Added to NRS by 2002 Special Session, 15 ; A 2011, 679 , 1584 )

NRS 439.877

NRS

439.877

Patient safety checklists and patient safety policies: Adoption by patient safety committee; required provisions; duties of patient safety committee.

The patient safety committee established pursuant to NRS 439.875 by a medical facility shall adopt patient safety checklists and patient safety policies for use by:

(a) Providers of health care who provide treatment to patients at the medical facility;

(b) Other personnel of the medical facility who provide treatment or assistance to patients;

(c) Employees of the medical facility who do not provide treatment to patients but whose duties affect the health or welfare of the patients at the facility, including, without limitation, a janitor of the medical facility; and

(d) Persons with whom the medical facility enters into a contract to provide treatment to patients or to provide services which may affect the health or welfare of patients at the facility.

The patient safety checklists adopted pursuant to subsection 1 must follow protocols to improve the health outcomes of patients at the medical facility and must include, without limitation:

(a) Checklists related to specific types of treatment. Such checklists must include, without limitation, a requirement to document that the treatment provided was properly ordered by the provider of health care.

(b) Checklists for ensuring that employees of the medical facility and contractors with the medical facility who are not providers of health care follow protocols to ensure that the room and environment of the patient is sanitary.

(c) A checklist to be used when discharging a patient from the facility which includes, without limitation, verifying that the patient received:

(1) Proper instructions concerning prescription medications;

(2) Instructions concerning aftercare; and

(3) Any other instructions concerning his or her care upon discharge.

(d) Any other checklists which may be appropriate to ensure the safety of patients at the medical facility.

The patient safety policies adopted pursuant to subsection 1 must include, without limitation:

(a) A policy for appropriately identifying a patient before providing treatment. Such a policy must require the patient to be identified with at least two personal identifiers before each interaction with a provider of health care. The personal identifiers may include, without limitation, the name and date of birth of the patient.

(b) A policy regarding the nationally recognized standard precautionary protocols to be observed by providers of health care at the medical facility including, without limitation, protocols relating to hand hygiene.

(c) A policy to ensure compliance with the patient safety checklists and patient safety policies adopted pursuant to this section, which may include, without limitation, active surveillance. Active surveillance may include, without limitation, a system for reporting violations, peer-to-peer communication, video monitoring and audits of sanitation materials.

The patient safety committee shall:

(a) Monitor and document the effectiveness of the patient identification policy adopted pursuant to paragraph (a) of subsection 3.

(b) At least annually, review the patient safety checklists and patient safety policies adopted pursuant to this section and consider any additional patient safety checklists and patient safety policies that may be appropriate for adoption for use at the medical facility.

(c) Revise a patient safety checklist and patient safety policy adopted pursuant to this section as necessary to ensure that the checklist or policy, as applicable, reflects the most current standards in patient safety protocols.

(d) On or before July 1 of each year, submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Health and Human Services. The report must include information regarding the development, revision and usage of the patient safety checklists and patient safety policies and a summary of the annual review conducted pursuant to paragraph (b).

(Added to NRS by 2011, 677 )

NRS 449.0021

NRS

449.0021

Agency to provide personal care services in the home defined.

Agency to provide personal care services in the home means any person, other than a natural person, which provides in the home the services authorized pursuant to NRS 449.1935 to elderly persons or persons with disabilities.
The term does not include:

(a) An independent contractor who provides nonmedical services specified in NRS 449.1935 without the assistance of employees;

(b) An organized group of persons composed of the family or friends of a person needing personal care services that employs or contracts with persons to provide nonmedical services specified in NRS 449.1935 for the person if:

(1) The organization of the group of persons is set forth in a written document that is made available for review by the Division upon request; and

(2) The personal care services are provided to only one person or one family who resides in the same residence;

(d) A person or agency that contracts with the Aging and Disability Services Division of the Department of Health and Human Services to provide temporary respite services.

As used in this section:

(a) Intermediary service organization has the meaning ascribed to it in NRS 449.4304 .

(b) Temporary respite services means services provided through a contract with the Aging and Disability Services Division of the Department of Health and Human Services to a natural person on a periodic basis to provide a respite for a regular provider of services.

(Added to NRS by 2005, 2164 ; A 2007, 1225 ; 2009, 2399 ; 2013, 134 ; 2017, 1410 )

NRS 449.0028

NRS

449.0028

Community health worker pool defined.

Community health worker pool means a person or agency which provides, for compensation and through its employees or by contract with community health workers, the services of community health workers to any natural person, medical facility or facility for the dependent. The term does not include an independent contractor who personally provides the services of a community health worker or a facility for the dependent or any medical facility other than a community health worker pool which provides the services of a community health worker.

(Added to NRS by 2015, 2172 )

NRS 449.0153

NRS

449.0153

Nursing pool defined.

Nursing pool means a person or agency which provides for compensation, through its employees or by contractual arrangement with other persons, nursing services to any natural person, medical facility or facility for the dependent.
The term does not include:

(a) An independent contractor who provides such services without the assistance of employees;

(b) A nursing pool based in a medical facility or facility for the dependent;

(c) A provider of community-based living arrangement services during any period in which the provider of community-based living arrangement services is engaged in providing community-based living arrangement services; or

(d) A provider of supported living arrangement services during any period in which the provider of supported living arrangement services is engaged in providing supported living arrangement services.

(Added to NRS by 1989, 303 ; A 2005, 1380 ; 2017, 1410 )

NRS 449.0925

NRS

449.0925

Regulations prescribing mandatory training for unlicensed caregivers; posting of list of providers of training on Internet website; duties of administrator or person in charge of facility.

The Board shall:

(a) Adopt regulations prescribing mandatory training for unlicensed caregivers who provide care at designated medical facilities, facilities for the dependent and facilities licensed pursuant to NRS 449.0303 . The regulations must:

(1) Designate the types of facilities to which the requirements for training apply; and

(2) Establish the required topics for the training, which must include, without limitation, control of infectious diseases and minimum standards for training in each required topic.

(b) Review the required topics for training established pursuant to subparagraph (2) of paragraph (a) at least annually and revise those topics when necessary to address new issues that impact health and safety at the designated facilities.

The Division shall post on an Internet website maintained by the Division a list of nationally recognized organizations that provide evidence-based training for caregivers which:

(a) Is free of charge or has a minimal cost; and

(b) May be used to satisfy the requirements of the regulations adopted pursuant to subsection 1.

The administrator or other person in charge of a facility to which the regulations adopted pursuant to subsection 1 apply shall:

(a) Ensure that each unlicensed caregiver at the facility completes the training required by the regulations adopted pursuant to subsection 1 and document the completion of the training in the personnel file of each unlicensed caregiver;

(b) Ensure the implementation of the best practices taught in the training required by the regulations adopted pursuant to subsection 1 at the facility where appropriate;

(d) Provide a written copy of the plan for the control of infectious diseases to each employee or independent contractor of the facility, any other person who regularly provides services at the facility and each resident of the facility.

(Added to NRS by 2021, 363 )

NRS 449.101

NRS

449.101

Discrimination prohibited; development of antidiscrimination policy; posting of nondiscrimination statement and certain other information; construction of section.

A medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed and any employee or independent contractor of such a facility shall not discriminate in the admission of, or the provision of services to, a patient or resident based wholly or partially on the actual or perceived race, color, religion, national origin, ancestry, age, gender, physical or mental disability, sexual orientation, gender identity or expression or human immunodeficiency virus status of the patient or resident or any person with whom the patient or resident associates.
A medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed shall:

(a) Develop and carry out policies to prevent the specific types of prohibited discrimination described in the regulations adopted by the Board pursuant to NRS 449.0302 and meet any other requirements prescribed by regulations of the Board; and

(b) Post prominently in the facility and include on any Internet website used to market the facility the following statement:

[Name of facility] does not discriminate and does not permit discrimination, including, without limitation, bullying, abuse or harassment, on the basis of actual or perceived race, color, religion, national origin, ancestry, age, gender, physical or mental disability, sexual orientation, gender identity or expression or HIV status, or based on association with another person on account of that persons actual or perceived race, color, religion, national origin, ancestry, age, gender, physical or mental disability, sexual orientation, gender identity or expression or HIV status.

In addition to the statement prescribed by subsection 2, a facility for skilled nursing, facility for intermediate care or residential facility for groups shall post prominently in the facility and include on any Internet website used to market the facility:

(a) Notice that a patient or resident who has experienced prohibited discrimination may file a complaint with the Division; and

(b) The contact information for the Division.

The provisions of this section shall not be construed to:

(a) Require a medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed or an employee or independent contractor thereof to take or refrain from taking any action in violation of reasonable medical standards; or

(b) Prohibit a medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed from adopting a policy that is applied uniformly and in a nondiscriminatory manner, including, without limitation, such a policy that bans or restricts sexual relations.

(Added to NRS by 2019, 1333 )

NRS 449.102

NRS

449.102

Duties of licensed facility to protect privacy of patient or resident.

A medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed shall:

Maintain the confidentiality of personally identifiable information concerning the sexual orientation of a patient or resident, whether the patient or resident is transgender or has undergone gender-affirming surgery and the human immunodeficiency virus status of the patient or resident and take reasonable actions to prevent the unauthorized disclosure of such information;
Prohibit employees or independent contractors of the facility who are not performing a physical examination or directly providing care to a patient or resident from being present during any portion of the physical examination or care, as applicable, during which the patient or resident is fully or partially unclothed without the express permission of the patient or resident or the authorized representative of the patient or resident;
Use visual barriers, including, without limitation, doors, curtains and screens, to provide privacy for patients or residents who are fully or partially unclothed; and
Allow a patient or resident to refuse to be examined, observed or treated by an employee or independent contractor of the facility for a purpose that is primarily educational rather than therapeutic.

(Added to NRS by 2019, 1335 ; A 2021, 3441 )

NRS 449.123

NRS

449.123

Initial and periodic investigations of employee, employee of temporary employment service or independent contractor of facility, hospital, agency, program or home; penalty.

Except as otherwise provided in subsections 2 and 3, within 10 days after hiring an employee, accepting an employee of a temporary employment service or entering into a contract with an independent contractor, the administrator of, or the person licensed to operate a facility, hospital, agency, program or home shall:

(a) Obtain a written statement from the employee, employee of the temporary employment service or independent contractor stating whether he or she has been convicted of any crime listed in NRS 449.174 ;

(b) Obtain an oral and written confirmation of the information contained in the written statement obtained pursuant to paragraph (a);

(c) Obtain proof that the employee, employee of the temporary employment service or independent contractor holds any required license, permit or certificate;

(d) Obtain from the employee, employee of the temporary employment service or independent contractor one set of fingerprints and a written authorization to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

(e) Submit to the Central Repository for Nevada Records of Criminal History the fingerprints obtained pursuant to paragraph (d) to obtain information on the background and personal history of each employee, employee of a temporary employment service or independent contractor to determine whether the person has been convicted of any crime listed in NRS 449.174 ; and

(f) If an Internet website has been established pursuant to NRS 439.942 :

(1) Screen the employee, employee of the temporary employment service or independent contractor using the Internet website. Upon request of the Division, proof that the employee, temporary employee or independent contractor was screened pursuant to this subparagraph must be provided to the Division.

(2) Enter on the Internet website information to be maintained on the website concerning the employee, employee of the temporary employment service or independent contractor.

The administrator of, or the person licensed to operate, a facility, hospital, agency, program or home is not required to obtain the information described in subsection 1 from an employee, employee of a temporary employment service or independent contractor if his or her fingerprints have been submitted to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report within the immediately preceding 6 months and the report of the Federal Bureau of Investigation indicated that the employee, employee of the temporary employment service or independent contractor has not been convicted of any crime set forth in NRS 449.174 .
The administrator of, or the person licensed to operate, a facility, hospital, agency, program or home is not required to obtain the information described in subsection 1, other than the information described in paragraph (c) of subsection 1, from an employee, employee of a temporary employment service or independent contractor if:

(a) The employee, employee of the temporary employment service or independent contractor agrees to allow the administrator of, or the person licensed to operate, a facility, hospital, agency, program or home to receive notice from the Central Repository for Nevada Records of Criminal History regarding any conviction and subsequent conviction of the employee, employee of the temporary employment service or independent contractor of a crime listed in NRS 449.174 ;

(b) An agency, board or commission that regulates an occupation or profession pursuant to title 54 of NRS or temporary employment service has, within the immediately preceding 5 years, submitted the fingerprints of the employee, employee of the temporary employment service or independent contractor to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

(c) The report of the Federal Bureau of Investigation indicated that the employee, employee of the temporary employment service or independent contractor has not been convicted of any crime set forth in NRS 449.174 .

The administrator of, or the person licensed to operate, a facility, hospital, agency, program or home shall ensure that the information concerning the background and personal history of each employee, employee of a temporary employment service or independent contractor who works at the facility, hospital, agency, program or home:

(a) Except as otherwise provided in subsection 2, is completed as soon as practicable, and if residential services are provided to children or the facility is a psychiatric hospital that provides inpatient services to children or a psychiatric residential treatment facility, before the employee, employee of the temporary employment service or independent contractor provides any care or services to a child in the facility, hospital, agency, program or home without supervision; and

(b) At least once every 5 years after the date of the initial investigation.

The administrator or person shall, when required:

(a) Obtain one set of fingerprints from the employee, employee of the temporary employment service or independent contractor;

(b) Obtain written authorization from the employee, employee of the temporary employment service or independent contractor to forward the fingerprints obtained pursuant to paragraph (a) to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

(c) Submit the fingerprints to the Central Repository for Nevada Records of Criminal History or, if the fingerprints were submitted electronically, obtain proof of electronic submission of the fingerprints to the Central Repository for Nevada Records of Criminal History.

Upon receiving fingerprints submitted pursuant to this section, the Central Repository for Nevada Records of Criminal History shall determine whether the employee, employee of the temporary employment service or independent contractor has been convicted of a crime listed in NRS 449.174 and immediately inform the Division and the administrator of, or the person licensed to operate, the facility, hospital, agency, program or home at which the person works whether the employee, employee of the temporary employment service or independent contractor has been convicted of such a crime.
The Central Repository for Nevada Records of Criminal History may impose a fee upon a facility, hospital, agency, program or home that submits fingerprints pursuant to this section for the reasonable cost of the investigation. The facility, hospital, agency, program or home may recover from the employee or independent contractor whose fingerprints are submitted not more than one-half of the fee imposed by the Central Repository. If the facility, hospital, agency, program or home requires the employee or independent contractor to pay for any part of the fee imposed by the Central Repository, it shall allow the employee or independent contractor to pay the amount through periodic payments. The facility, hospital, agency, program or home may require a temporary employment service which employs a temporary employee whose fingerprints are submitted to pay the fee imposed by the Central Repository. A facility, hospital, agency, program or home shall notify a temporary employment service if a person employed by the temporary employment service is determined to be ineligible to provide services at the facility, hospital, agency, program or home based upon the results of an investigation conducted pursuant to this section.
Unless a greater penalty is provided by law, a person who willfully provides a false statement or information in connection with an investigation of the background and personal history of the person pursuant to this section that would disqualify the person from employment, including, without limitation, a conviction of a crime listed in NRS 449.174 , is guilty of a misdemeanor.

(Added to NRS by 1997, 442 ; A 1999, 1946 ; 2005, 2170 ; 2009, 504 ; 2011, 3556 ; 2013, 2890 ; 2017, 1902 )

NRS 449.124

NRS

449.124

Maintenance and availability of certain records regarding employee, employee of temporary employment service or independent contractor of facility, hospital, agency, program or home.

Each facility, hospital, agency, program or home shall maintain records of the information concerning its employees, employees of a temporary employment service and independent contractors collected pursuant to NRS 449.123 , including, without limitation:

(a) A copy of the fingerprints that were submitted to the Central Repository for Nevada Records of Criminal History or proof of electronic fingerprint submission and a copy of the written authorization that was provided by the employee, employee of the temporary employment service or independent contractor;

(b) Proof that the fingerprints of the employee, employee of the temporary employment service or independent contractor were submitted to the Central Repository; and

The records maintained pursuant to subsection 1 must be:

(a) Maintained for the period of the employment of the person with the facility, hospital, agency, program or home; and

(b) Made available for inspection by the Division at any reasonable time, and copies thereof must be furnished to the Division upon request.

If an Internet website has been established pursuant to NRS 439.942 , a facility, hospital, agency, program or home shall maintain a current list of its employees, employees of a temporary employment service and independent contractors on the Internet website.
The Central Repository for Nevada Records of Criminal History may maintain an electronic image of fingerprints submitted pursuant to NRS 449.122 and 449.123 to notify a facility, hospital, agency, program or home and the Division of any subsequent conviction of a person who is required to submit to an investigation pursuant to NRS 449.122 or 449.123 .

(Added to NRS by 1997, 443 ; A 1999, 1947 ; 2005, 2171 ; 2009, 505 ; 2011, 3558 ; 2013, 2893 )

NRS 449.125

NRS

449.125

Termination of employment or contract of employee, employee of temporary employment service or independent contractor of facility, hospital, agency, program or home who has been convicted of certain crime; period in which to correct information regarding conviction; liability of facility, hospital, agency, program or home.

Upon receiving information from the Central Repository for Nevada Records of Criminal History pursuant to NRS 449.123 , or evidence from any other source, that an employee, employee of a temporary employment service or independent contractor of a facility, hospital, agency, program or home:

(a) Has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 449.174 ; or

(b) Has had a substantiated report of abuse or neglect made against him or her, if he or she is employed at a facility, hospital, agency, program or home that provides residential services to children, a psychiatric hospital that provides inpatient services to children or a psychiatric residential treatment facility,

Ê the administrator of, or the person licensed to operate, the facility, hospital, agency, program or home shall terminate the employment or contract of that person or notify the temporary employment service that its employee is prohibited from providing services for the facility, hospital, agency, program or home after allowing the person time to correct the information as required pursuant to subsection 2.

If an employee, employee of a temporary employment service or independent contractor believes that the information provided by the Central Repository is incorrect, the employee, employee of the temporary employment service or independent contractor may immediately inform the facility, hospital, agency, program or home or temporary employment service. The facility, hospital, agency, program, home or temporary employment service that is so informed shall give the employee, employee of the temporary employment service or independent contractor a reasonable amount of time of not less than 30 days to correct the information received from the Central Repository before terminating the employment or contract of the person pursuant to subsection 1.
A facility, hospital, agency, program or home that has complied with NRS 449.123

may not be held civilly or criminally liable based solely upon the ground that the facility, hospital, agency, program or home allowed an employee, employee of a temporary employment service or independent contractor to work:

(a) Before it received the information concerning the employee, employee of the temporary employment service or independent contractor from the Central Repository, except that an employee, employee of the temporary employment service or independent contractor shall not have contact with a child without supervision before such information is received;

(b) During the period required pursuant to subsection 2 to allow the employee, employee of the temporary employment service or independent contractor to correct that information, except that an employee, employee of the temporary employment service or independent contractor shall not have contact with a child without supervision during such period;

(c) Based on the information received from the Central Repository, if the information received from the Central Repository was inaccurate; or

(d) Any combination thereof.

Ê A facility, hospital, agency, program or home may be held liable for any other conduct determined to be negligent or unlawful.

(Added to NRS by 1997, 443 ; A 1999, 1948 ; 2005, 2171 ; 2009, 505 ; 2011, 3558 ; 2013, 2894 ; 2017, 1905 )

Inspections

NRS 449.171

NRS

449.171

Authority of Division to take control over medical records of medical facility, facility for the dependent or other facility required to be licensed by Division upon suspension of license or cessation of operation; confidentiality; sharing of records with appropriate authorities; regulations.

If the Division suspends the license of a medical facility, a facility for the dependent or a facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed pursuant to the provisions of this chapter, or if a facility otherwise ceases to operate, including, without limitation, pursuant to an action or order of a health authority pursuant to chapter 441A of NRS, the Division may, if deemed necessary by the Administrator of the Division, take control of and ensure the safety of the medical records of the facility.
Subject to the provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, the Division shall:

(a) Maintain the confidentiality of the medical records obtained pursuant to subsection 1.

(b) Share medical records obtained pursuant to subsection 1 with law enforcement agencies in this State and other governmental entities which have authority to license the facility or to license the owners or employees of the facility.

(c) Release a medical record obtained pursuant to subsection 1 to the patient or legal guardian of the patient who is the subject of the medical record.

The Board shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations for contracting with a person to maintain any medical records under the control of the Division pursuant to subsection 1 and for payment by the facility of the cost of maintaining medical records.

(Added to NRS by 2009, 557 ; A 2017, 1908 )

NRS 449.4329

NRS

449.4329

Initial and periodic investigations of employee, employee of temporary employment service or independent contractor; penalty.

Except as otherwise provided in subsections 2 and 3, within 10 days after hiring an employee, accepting an employee of a temporary employment service or entering into a contract with an independent contractor, the holder of a certificate to operate an intermediary service organization shall:

(b) Obtain an oral and written confirmation of the information contained in the written statement obtained pursuant to paragraph (a);

(c) Obtain proof that the employee, employee of the temporary employment service or independent contractor holds any required license, permit or certificate;

(f) If an Internet website has been established pursuant to NRS 439.942 :

(2) Enter on the Internet website information to be maintained on the website concerning the employee, employee of the temporary employment service or independent contractor.

The holder of a certificate to operate an intermediary service organization is not required to obtain the information described in subsection 1 from an employee, employee of a temporary employment service or independent contractor if his or her fingerprints have been submitted to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report within the immediately preceding 6 months and the report of the Federal Bureau of Investigation indicated that the employee, employee of the temporary employment service or independent contractor has not been convicted of any crime set forth in subsection 1 of NRS 449.4332 .
The holder of a certificate to operate an intermediary service organization is not required to obtain the information described in subsection 1, other than the information described in paragraph (c) of subsection 1, from an employee, employee of a temporary employment service or independent contractor if:

(a) The employee, employee of the temporary employment service or independent contractor agrees to allow the holder of a certificate to operate an intermediary service organization to receive notice from the Central Repository for Nevada Records of Criminal History regarding any conviction and subsequent conviction of the employee, employee of the temporary employment service or independent contractor of a crime listed in subsection 1 of NRS 449.4332 ;

The holder of a certificate to operate an intermediary service organization shall ensure that the information concerning the background and personal history of each employee, employee of a temporary employment service or independent contractor who works at or for the intermediary service organization is investigated is completed as soon as practicable and at least once every 5 years after the date of the initial investigation. The holder of the certificate shall, when required:

(a) Obtain one set of fingerprints from the employee, employee of the temporary employment service or independent contractor;

Upon receiving fingerprints submitted pursuant to this section, the Central Repository for Nevada Records of Criminal History shall determine whether the employee, employee of the temporary employment service or independent contractor has been convicted of a crime listed in subsection 1 of NRS 449.4332

and immediately inform the Division and the holder of the certificate to operate an intermediary service organization for which the person works whether the employee, employee of the temporary employment service or independent contractor has been convicted of such a crime.

The Central Repository for Nevada Records of Criminal History may impose a fee upon an intermediary service organization that submits fingerprints pursuant to this section for the reasonable cost of the investigation. The intermediary service organization may recover from the employee or independent contractor whose fingerprints are submitted not more than one-half of the fee imposed by the Central Repository. If the intermediary service organization requires the employee or independent contractor to pay for any part of the fee imposed by the Central Repository, it shall allow the employee or independent contractor to pay the amount through periodic payments. The intermediary service organization may require a temporary employment service which employs a temporary employee whose fingerprints are submitted to pay the fee imposed by the Central Repository. An intermediary service organization shall notify a temporary employment service if a person employed by the temporary employment service is determined to be ineligible to provide services to the intermediary service organization based upon the results of an investigation conducted pursuant to this section.
Unless a greater penalty is provided by law, a person who willfully provides a false statement or information in connection with an investigation of the background and personal history of the person pursuant to this section that would disqualify the person from employment, including, without limitation, a conviction of a crime listed in subsection 1 of NRS 449.4332 , is guilty of a misdemeanor.

(Added to NRS by 2013, 131 ; A 2021, 1644 )

NRS 449.433

NRS

449.433

Maintenance and availability of certain records regarding employee, employee of temporary employment service or independent contractor of organization.

Each intermediary service organization shall maintain accurate records of the information concerning its employees, employees of a temporary employment service and independent contractors collected pursuant to NRS 449.4329 , including, without limitation:

(a) A copy of the fingerprints submitted to the Central Repository for Nevada Records of Criminal History or proof of electronic fingerprint submission and a copy of the written authorization that was provided by the employee, employee of the temporary employment service or independent contractor;

(b) Proof that the fingerprints of the employee, employee of the temporary employment service or independent contractor were submitted to the Central Repository; and

The records maintained pursuant to subsection 1 must be:

(a) Maintained for the period of the employment of the person with the intermediary service organization; and

(b) Made available for inspection by the Division at any reasonable time, and copies thereof must be furnished to the Division upon request.

If an Internet website has been established pursuant to NRS 439.942 , an intermediary service organization shall maintain a current list of its employees, employees of a temporary employment service and independent contractors on the Internet website.
The Central Repository for Nevada Records of Criminal History may maintain an electronic image of fingerprints submitted pursuant to NRS 449.4329 to notify an intermediary service organization and the Division of any subsequent conviction of a person who is required to submit to an investigation pursuant to NRS 449.4329 .

(Added to NRS by 2013, 132 )

NRS 449.4331

NRS

449.4331

Termination of employment or contract of employee, employee of temporary employment service or independent contractor who has been convicted of certain crime; period in which to correct information regarding conviction; liability of organization.

Upon receiving information from the Central Repository for Nevada Records of Criminal History pursuant to NRS 449.4329 , or evidence from any other source, that an employee, employee of a temporary employment service or independent contractor of an intermediary service organization has been convicted of a crime listed in subsection 1 of NRS 449.4332 , the holder of the certificate to operate the intermediary service organization shall terminate the employment or contract of that person or notify the temporary employment service that its employee is prohibited from providing services for the intermediary service organization after allowing the person time to correct the information as required pursuant to subsection 2.
If an employee, employee of a temporary employment service or independent contractor believes that the information provided by the Central Repository is incorrect, the employee, employee of the temporary employment service or independent contractor may immediately inform the intermediary service organization. The intermediary service organization that is so informed shall give the employee, employee of the temporary employment service or independent contractor a reasonable amount of time of not less than 30 days to correct the information received from the Central Repository before terminating the employment or contract of the person pursuant to subsection 1.
An intermediary service organization that has complied with NRS 449.4329 may not be held civilly or criminally liable based solely upon the ground that the intermediary service organization allowed an employee, employee of a temporary employment service or independent contractor to work:

(a) Before it received the information concerning the employee, employee of the temporary employment service or independent contractor from the Central Repository;

(b) During the period required pursuant to subsection 2 to allow the employee, employee of the temporary employment service or independent contractor to correct that information;

(c) Based on the information received from the Central Repository, if the information received from the Central Repository was inaccurate; or

(d) Any combination thereof.

Ê An intermediary service organization may be held liable for any other conduct determined to be negligent or unlawful.

(Added to NRS by 2013, 132 )

NRS 449.470

NRS

449.470

Director may use staff or contract for services.

In carrying out the duties prescribed by NRS 449.450 to 449.530 , inclusive, the Director may utilize his or her own staff or may contract with any appropriate, independent and qualified organization. Such a contractor shall not release or publish or otherwise use any information made available to it under its contractual responsibility unless permission is specifically granted by the Director.

(Added to NRS by 1975, 703 ; A 1985, 1363 )

NRS 450.191

NRS

450.191

Contract for management of hospital.

The governing body of a county hospital may contract with a company which manages hospitals for the rendering of management services in a county hospital under the ultimate authority of the governing body.
The agreement may provide:

(a) That the administrator of the hospital must be an employee of the company which manages the hospital; and

(b) Except as otherwise provided in this paragraph, that the hospital may, in accordance with the requirements of NRS 450.530 , purchase supplies, materials, equipment and services through the purchasing contracts of the company which manages the hospital, or through a purchasing group, without complying with the requirements for competitive bidding set forth in chapter 332 of NRS. The hospital may not purchase services or otherwise enter into an agreement pursuant to this paragraph for:

(1) The hiring of temporary or permanent staff through a vendor or employment agency to perform any medical or nursing care.

(2) Any work for which a contractors license issued pursuant to chapter 624 of NRS is required.

Ê The provisions of this paragraph do not prohibit the hospital from purchasing specialty equipment which requires installation services that must be performed by a person who holds a contractors license issued pursuant to chapter 624 of NRS and which are specific to a particular project and are not commonly used in public works projects.

(Added to NRS by 1975, 1101 ; A 1979, 444 ; 1987, 295 ; 1999, 191 ; 2019, 3580 )

NRS 450.510

NRS

450.510

County whose population is less than 100,000 may contract with community nonprofit hospital for care of indigent patients; enlargement or alteration of hospital.

The board of county commissioners of any county whose population is less than 100,000 may contract with any nonprofit corporation to which a public hospital has been conveyed or leased, for the care of indigent patients from the contracting county and the receiving of other persons falling sick or being maimed or injured within the contracting county. The contract must be consistent with the provisions of NRS 439B.300 to 439B.340 , inclusive, if applicable.
The contracting county may participate in the enlargement or alteration of the hospital.

(Added to NRS by 1969, 216 ; A 1969, 1545 ; 1979, 551 ; 1987, 881 ; 1993, 2661 )

Miscellaneous Provisions

NRS 450.525

NRS

450.525

Membership of hospital in purchasing group.

A county hospital may, with the approval of the governing body of the hospital, become a member of a purchasing group for the purpose of purchasing supplies, materials, equipment and services used by the county hospital.
Except as otherwise provided in this subsection, a county hospital that becomes a member of a purchasing group may, in accordance with the requirements of NRS 450.530 , purchase supplies, materials, equipment and services through the purchasing group without complying with the requirements for competitive bidding set forth in chapter 332 of NRS. A county hospital may not purchase services or otherwise enter into an agreement pursuant to this subsection for:

(a) The hiring of temporary or permanent staff through a vendor or employment agency to perform any medical or nursing care.

(b) Any work for which a contractors license issued pursuant to chapter 624 of NRS is required.

Ê The provisions of this subsection do not prohibit a county hospital from purchasing specialty equipment which requires installation services that must be performed by a person who holds a contractors license issued pursuant to chapter 624 of NRS and which are specific to a particular project and are not commonly used in public works projects.

(Added to NRS by 1999, 190 ; A 2019, 3580 )

NRS 450.710

NRS

450.710

Creation of district for sole purpose of contracting for services of hospital.

A board of county commissioners may create a hospital district in an area where no hospital district exists for the sole purpose of contracting with a public agency or a privately owned hospital to provide the services of a hospital to the residents of the district. If such a contract is executed, the board of trustees:

(a) Shall prepare a budget pursuant to NRS 450.650 ;

(b) Shall levy a tax pursuant to NRS 450.660 ;

(d) May determine medical indigency pursuant to NRS 450.700 ; and

(e) May borrow money and incur or assume indebtedness pursuant to NRS 450.665 .

A board of county commissioners shall not create a hospital district pursuant to this section unless it determines that:

(a) The proposed hospital district constitutes a geographic area of the county that is not served by adequate medical services;

(b) There is no county hospital or the county hospital is not capable of providing the necessary services; and

If a hospital district is created pursuant to this section, the board of county commissioners may be designated by ordinance as, ex officio, the board of trustees of the hospital district, notwithstanding the provisions of subsection 3 of NRS 450.620 .

(Added to NRS by 1999, 2075 )

NRS 450.715

NRS

450.715

Authority of board of trustees to contract for services of hospital.

The board of trustees may contract with a public agency or a privately owned hospital to provide the services of a hospital to the residents of the hospital district if it determines that:

There is a need to provide medical services to the residents of the district which are not being provided by the district; or
It is less costly or more efficient to provide the services of a hospital to the residents of the district by contracting with a public agency or a privately owned hospital.

(Added to NRS by 1999, 2075 )

NRS 450.720

NRS

450.720

Contract for management of district hospital.

The board of trustees may contract with a company which manages hospitals for the rendering of management services in a district hospital.
The agreement may provide:

(a) That the chief executive officer of the hospital must be an employee of the company which manages the hospital; and

(b) Except as otherwise provided in this paragraph, that the hospital may, in accordance with the requirements of NRS 450.730 , purchase supplies, materials, equipment and services through the purchasing contracts of the company which manages the hospital, or through a purchasing group, without complying with the requirements for competitive bidding set forth in chapter 332 of NRS. The hospital may not purchase services or otherwise enter into an agreement pursuant to this paragraph for:

(1) The hiring of temporary or permanent staff through a vendor or employment agency to perform any medical or nursing care.

(2) Any work for which a contractors license issued pursuant to chapter 624 of NRS is required.

(Added to NRS by 1999, 2076 ; A 2019, 3581 )

NRS 450.725

NRS

450.725

Membership of district hospital in purchasing group.

A district hospital may, with the approval of the board of trustees, become a member of a purchasing group for the purpose of purchasing supplies, materials, equipment and services used by the district hospital.
Except as otherwise provided in this subsection, a district hospital that becomes a member of a purchasing group may, in accordance with the requirements of NRS 450.730 , purchase supplies, materials, equipment and services through the purchasing group without complying with the requirements for competitive bidding set forth in chapter 332 of NRS. A district hospital may not purchase services or otherwise enter into an agreement pursuant to this subsection for:

(a) The hiring of temporary or permanent staff through a vendor or employment agency to perform any medical or nursing care.

(b) Any work for which a contractors license issued pursuant to chapter 624 of NRS is required.

Ê The provisions of this subsection do not prohibit a district hospital from purchasing specialty equipment which requires installation services that must be performed by a person who holds a contractors license issued pursuant to chapter 624 of NRS and which are specific to a particular project and are not commonly used in public works projects.

(Added to NRS by 1999, 2076 ; A 2019, 3581 )

NRS 455.092

NRS

455.092

Excavation defined.

Excavation means the movement or removal of earth, rock or other material in or on the ground by:

(a) Use of mechanical equipment;

(b) Use of non-mechanical equipment by:

(1) A contractor; or

(2) Any person, other than a contractor, if at any point the movement or removal of such material occurs more than 12 inches below the surface of the original groundline; or

The term includes augering, backfilling, boring, digging, ditching, drilling, grading, plowing-in, ripping, scraping, trenching and tunneling.

(Added to NRS by 1991, 1142 ; A 2009, 1168 ; 2023, 212 )

NRS 458.080

NRS

458.080

Financial assistance for treatment provider.

The Division may, by contracting with organized groups, render partial financial assistance for treatment providers established by these groups. Each such contract must contain a provision allowing for an audit of all accounts, books and other financial records of the organization with which the agency contracts.

(Added to NRS by 1960, 307 ; A 1963, 1028 ; 1971, 90 ; 1973, 1400 , 1669 ;

1975, 316 ; 2001, 421 ; 2005, 22nd Special Session, 60 ; 2015, 747 )

NRS 458.112

NRS

458.112

Prohibition on certain activities related to marketing of treatment provider, facility or operator of program for alcohol or other substance use disorder; exception; penalty.

A treatment provider, a facility or an operator of a program for alcohol or other substance use disorder, or a person who provides any form of advertising or marketing services on behalf of such a provider, facility or operator, shall not:

(a) Make a false or misleading statement or provide false or misleading information about the products, goods, services or geographical locations of the treatment provider, facility or program for alcohol or other substance use disorder in the marketing, advertising materials or media or on the Internet website of the treatment provider, facility or operator of the program for alcohol or other substance use disorder;

(b) Post or otherwise allow on the Internet website of the treatment provider, facility or program for alcohol or other substance use disorder false information or electronic links, coding or activation that provides false information or that surreptitiously directs the reader to another Internet website;

(c) Solicit, receive or attempt to solicit or receive a commission, benefit, bonus, rebate, kickback or bribe, directly or indirectly, in cash or in kind, or engage in or attempt to engage in a split-fee arrangement in return for a referral or an acceptance or acknowledgment of treatment from the treatment provider, facility or operator of the program for alcohol or other substance use disorder; or

(d) Enter into a contract with a person who provides marketing services who agrees to generate referrals or leads for the placement of patients with the treatment provider, facility or operator of the program for alcohol or other substance use disorder through a call center or web-based presence, unless the treatment provider, facility or operator of the program provides to the prospective patient:

(1) A clear disclosure to inform the prospective patient that the person providing the marketing services represents a specific treatment provider, facility or operator of a program for alcohol or other substance use disorder which pays a fee to the person providing the marketing services and the identity of the treatment provider, facility or operator of a program represented by the person; and

(2) Instructions on the manner in which any list of treatment providers, facilities or programs for alcohol or other substance use disorders provided by the Division on its Internet website may be accessed.

The provisions of paragraph (d) of subsection 1 do not apply to a state agency, a contractor thereof or an entity that otherwise receives financial support from the State which refers a person to a treatment provider, facility or program for alcohol or other substance use disorders that is operated or financially supported by the State.
Any violation of the provisions of this section is a misdemeanor.

(Added to NRS by 2019, 1679 )

NRS 459.001

NRS

459.001

Enactment; text.

The Western Interstate Nuclear Compact, denominated in NRS 459.001 to 459.005 , inclusive, as the compact, is hereby enacted into law and entered into with all jurisdictions legally joining therein, in the form substantially as follows:

ARTICLE I. POLICY AND PURPOSE

The party states recognize that the proper employment of scientific and technological discoveries and advances in nuclear and related fields and direct and collateral application and adaptation of processes and techniques developed in connection therewith, properly correlated with the other resources of the region, can assist substantially in the industrial progress of the West and the further development of the economy of the region. They also recognize that optimum benefit from nuclear and related scientific or technological resources, facilities and skills requires systematic encouragement, guidance, assistance, and promotion from the party states on a cooperative basis. It is the policy of the party states to undertake such cooperation on a continuing basis. It is the purpose of this compact to provide the instruments and framework for such a cooperative effort in nuclear and related fields, to enhance the economy of the West and contribute to the individual and community well-being of the regions people.

ARTICLE II. THE BOARD

(a) There is hereby created an agency of the party states to be known as the Western Interstate Nuclear Board (hereinafter called the Board). The Board shall be composed of one member from each party state designated or appointed in accordance with the law of the state which the member represents and serving and subject to removal in accordance with such law. Any member of the Board may provide for the discharge of the members duties and the performance of the members functions thereon (either for the duration of his or her membership or for any lesser period of time) by a deputy or assistant, if the laws of the members state make specific provisions therefor. The federal government may be represented without vote if provision is made by federal law for such representation.

(b) The Board members of the party states shall each be entitled to one vote on the Board. No action of the Board shall be binding unless taken at a meeting at which a majority of all members representing the party states are present and unless a majority of the total number of votes on the Board are cast in favor thereof.

(d) The Board shall elect annually, from among its members, a chair, a vice chair, and a treasurer. The Board shall appoint and fix the compensation of an Executive Director who shall serve at its pleasure and who shall also act as Secretary, and who, together with the Treasurer, and such other personnel as the Board may direct, shall be bonded in such amounts as the Board may require.

(e) The Executive Director, with the approval of the Board, shall appoint and remove or discharge such personnel as may be necessary for the performance of the Boards functions irrespective of the civil service, personnel or other merit system laws of any of the party states.

(f) The Board may establish and maintain, independently or in conjunction with any one or more of the party states, or its institutions or subdivisions, a suitable retirement system for its full-time employees. Employees of the Board shall be eligible for social security coverage in respect of old age and survivors insurance provided that the Board takes such steps as may be necessary pursuant to federal law to participate in such program of insurance as a governmental agency or unit. The Board may establish and maintain or participate in such additional programs of employee benefits as may be appropriate.

(g) The Board may borrow, accept, or contract for the services of personnel from any state or the United States or any subdivision or agency thereof, from any interstate agency, or from any institution, person, firm or corporation.

(h) The Board may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services (conditional or otherwise) from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm, or corporation, and may receive, utilize, and dispose of the same. The nature, amount and conditions, if any, attendant upon any donation or grant accepted pursuant to this paragraph or upon any borrowing pursuant to paragraph (g) of this Article, together with the identity of the donor, grantor or lender, shall be detailed in the annual report of the Board.

(i) The Board may establish and maintain such facilities as may be necessary for the transacting of its business. The Board may acquire, hold, and convey real and personal property and any interest therein.

(j) The Board shall adopt bylaws, rules, and regulations for the conduct of its business, and shall have the power to amend and rescind these bylaws, rules, and regulations. The Board shall publish its bylaws, rules, and regulations in convenient form and shall file a copy thereof, and shall also file a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.

(k) The Board annually shall make to the governor of each party state, a report covering the activities of the Board for the preceding year, and embodying such recommendations as may have been adopted by the Board, which report shall be transmitted to the legislature of said state. The Board may issue such additional reports as it may deem desirable.

ARTICLE III. FINANCES

(a) The Board shall submit to the governor or designated officer or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that jurisdiction for presentation to the legislature thereof.

(b) Each of the Boards budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. Each of the Boards requests for appropriations pursuant to a budget of estimated expenditures shall be apportioned equally among the party states. Subject to appropriation by their respective legislatures, the Board shall be provided with such funds by each of the party states as are necessary to provide the means of establishing and maintaining facilities, a staff of personnel, and such activities as may be necessary to fulfill the powers and duties imposed upon and entrusted to the Board.

(c) The Board may meet any of its obligations in whole or in part with funds available to it under Article II (h) of this compact, provided that the Board takes specific action setting aside such funds prior to the incurring of any obligation to be met in whole or in part in this manner. Except where the Board makes use of funds available to it under Article II (h) hereof, the Board shall not incur any obligation prior to the allotment of funds by the party jurisdictions adequate to meet the same.

(d) Any expenses and any other costs for each member of the Board in attending Board meetings shall be met by the Board.

(e) The Board shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Board shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Board shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become a part of the annual report of the Board.

(f) The Accounts of the Board shall be open at any reasonable time for inspection to persons authorized by the Board, and duly designated representatives of governments contributing to the Boards support.

ARTICLE IV. ADVISORY COMMITTEES

The Board may establish such advisory and technical committees as it may deem necessary, membership on which may include but not be limited to private citizens, expert and lay personnel, representatives of industry, labor, commerce, agriculture, civic associations, medicine, education, voluntary health agencies, and officials of local, State and Federal Government, and may cooperate with and use the services of any such committees and the organizations which they represent in furthering any of its activities under this compact.

ARTICLE V. POWERS

The Board shall have power to—

(a) Encourage and promote cooperation among the party states in the development and utilization of nuclear and related technologies and their application to industry and other fields.

(b) Ascertain and analyze on a continuing basis the position of the West with respect to the employment in industry of nuclear and related scientific findings and technologies.

(c) Encourage the development and use of scientific advances and discoveries in nuclear facilities, energy, materials, products, by-products, and all other appropriate adaptations of scientific and technological advances and discoveries.

(d) Collect, correlate, and disseminate information relating to the peaceful uses of nuclear energy, materials, and products, and other products and processes resulting from the application of related science and technology.

(e) Encourage the development and use of nuclear energy, facilities, installations, and products as part of a balanced economy.

(f) Conduct, or cooperate in conducting, programs of training for state and local personnel engaged in any aspects of:

Nuclear industry, medicine, or education, or the promotion or regulation thereof.
Applying nuclear scientific advances or discoveries, and any industrial commercial or other processes resulting therefrom.
The formulation or administration of measures designed to promote safety in any matter related to the development, use or disposal of nuclear energy, materials, products, by-products, installations, or wastes, or to safety in the production, use and disposal of any other substances peculiarly related thereto.

(g) Organize and conduct, or assist and cooperate in organizing and conducting, demonstrations or research in any of the scientific, technological or industrial fields to which this compact relates.

(h) Undertake such nonregulatory functions with respect to nonnuclear sources of radiation as may promote the economic development and general welfare of the West.

(i) Study industrial, health, safety, and other standards, laws, codes, rules, regulations, and administrative practices in or related to nuclear fields.

(j) Recommend such changes in, or amendments or additions to the laws, codes, rules, regulations, administrative procedures and practices or local laws or ordinances of the party states of their subdivisions in nuclear and related fields, as in its judgment may be appropriate. Any such recommendations shall be made through the appropriate state agency, with due consideration of the desirability of uniformity but shall also give appropriate weight to any special circumstances which may justify variations to meet local conditions.

(k) Consider and make recommendations designed to facilitate the transportation of nuclear equipment, materials, products, by-products, wastes, and any other nuclear or related substances, in such manner and under such conditions as will make their availability or disposal practicable on an economic and efficient basis.

(l) Consider and make recommendations with respect to the assumption of and protection against liability actually or potentially incurred in any phase of operations in nuclear and related fields.

(m) Advise and consult with the federal government concerning the common position of the party states or assist party states with regard to individual problems where appropriate in respect to nuclear and related fields.

(n) Cooperate with the Atomic Energy Commission, the National Aeronautics and Space Administration, the Office of Science and Technology, or any agencies successor thereto, any other officer or agency of the United States, and any other governmental unit or agency or officer thereof, and with any private persons or agencies in any of the fields of its interest.

(o) Act as licensee, contractor or subcontractor of the United States Government or any party state with respect to the conduct of any research activity requiring such license or contract and operate such research facility or undertake any program pursuant thereto, provided that this power shall be exercised only in connection with the implementation of one or more other powers conferred upon the Board by this compact.

(p) Prepare, publish and distribute (with or without charge) such reports, bulletins, newsletters or other materials as it deems appropriate.

(q) Ascertain from time to time such methods, practices, circumstances, and conditions as may bring about the prevention and control of nuclear incidents in the area comprising the party states, to coordinate the nuclear incident prevention and control plans and the work relating thereto of the appropriate agencies of the party states and to facilitate the rendering of aid by the party states to each other in coping with nuclear incidents.

The Board may formulate and, in accordance with need from time to time, revise a regional plan or regional plans for coping with nuclear incidents within the territory of the party states as a whole or within any subregion or subregions of the geographic area covered by this compact.

Any nuclear incident plan in force pursuant to this paragraph shall designate the official or agency in each party state covered by the plan who shall coordinate requests for aid pursuant to Article VI of this compact and the furnishing of aid in response thereto.

Unless the party states concerned expressly otherwise agree, the Board shall not administer the summoning and dispatching of aid, but this function shall be undertaken directly by the designated agencies and officers of the party states.

However, the plan or plans of the Board in force pursuant to this paragraph shall provide for reports to the Board concerning the occurrence of nuclear incidents and the requests for aid on account thereof, together with summaries of the actual working and effectiveness of mutual aid in particular instances.

From time to time, the Board shall analyze the information gathered from reports of aid pursuant to Article VI and such other instances of mutual aid as may have come to its attention, so that experience in the rendering of such aid may be available.

(r) Prepare, maintain, and implement a regional plan or regional plans for carrying out the duties, powers, or functions conferred upon the Board by this compact.

(s) Undertake responsibilities imposed or necessarily involved with regional participation pursuant to such cooperative programs of the federal government as are useful in connection with the fields covered by this compact.

ARTICLE VI. MUTUAL AID

(a) Whenever a party state, or any state or local governmental authorities therein, request aid from any other party state pursuant to this compact in coping with a nuclear incident, it shall be the duty of the requested state to render all possible aid to the requesting state which is consonant with the maintenance of protection of its own people.

(b) Whenever the officers or employees of any party state are rendering outside aid pursuant to the request of another party state under this compact, the officers or employees of such state shall, under the direction of the authorities of the state to which they are rendering aid, have the same powers, duties, rights, privileges and immunities as comparable officers and employees of the state to which they are rendering aid.

(c) No party state or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on their part while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.

(d) All liability that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.

(e) Any party state rendering outside aid pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries and maintenance of officers, employees and equipment incurred in connection with such request: provided that nothing herein contained shall prevent any assisting party state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such services to the receiving party state without charge or cost.

(f) Each party state shall provide for the payment of compensation and death benefits to injured officers and employees and the representatives of deceased officers and employees in case officers or employees sustain injuries or death while rendering outside aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within the state by or in which the officer or employee was regularly employed.

ARTICLE VII. SUPPLEMENTARY AGREEMENTS

(a) To the extent that the Board has not undertaken an activity or project which would be within its power under the provisions of Article V of this compact, any two or more of the party states (acting by their duly constituted administrative officials) may enter into supplementary agreements for the undertaking and continuance of such an activity or project. Any such agreement shall specify the purpose or purposes; its duration and the procedure for termination thereof or withdrawal therefrom; the method of financing and allocating the costs of the activity or project; and such other matters as may be necessary or appropriate.

No such supplementary agreement entered into pursuant to this article shall become effective prior to its submission to and approval by the Board. The Board shall give such approval unless it finds that the supplementary agreement or activity or project contemplated thereby is inconsistent with the provisions of this compact or a program or activity conducted by or participated in by the Board.

(b) Unless all of the party states participate in a supplementary agreement, any cost or costs thereof shall be borne separately by the states party thereto. However, the Board may administer or otherwise assist in the operation of any supplementary agreement.

(c) No party to a supplementary agreement entered into pursuant to this article shall be relieved thereby of any obligation or duty assumed by said party state under or pursuant to this compact, except that timely and proper performance of such obligation or duty by means of the supplementary agreement may be offered as performance pursuant to the compact.

(d) The provisions of this Article shall apply to supplementary agreements and activities thereunder, but shall not be construed to repeal or impair any authority which officers or agencies of party states may have pursuant to other laws to undertake cooperative arrangements or projects.

ARTICLE VIII. OTHER LAWS AND RELATIONS

Nothing in this compact shall be construed to—

(a) Permit or require any person or other entity to avoid or refuse compliance with any law, rule, regulation, order or ordinance of a party state or subdivision thereof now or hereafter made, enacted or in force.

(b) Limit, diminish, or otherwise impair jurisdiction exercised by the Atomic Energy Commission, any agency successor thereto, or any other federal department, agency or officer pursuant to and in conformity with any valid and operative act of Congress, nor limit, diminish, affect, or otherwise impair jurisdiction exercised by any officer or agency of a party state, except to the extent that the provisions of this compact may provide therefor.

(c) Alter the relations between and respective internal responsibilities of the government of a party state and its subdivisions.

(d) Permit or authorize the Board to own or operate any facility, reactor, or installation for industrial or commercial purposes.

ARTICLE IX. ELIGIBLE PARTIES, ENTRY INTO FORCE AND WITHDRAWAL

(a) Any or all of the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming shall be eligible to become party to this compact.

(b) As to any eligible party state, this compact shall become effective when its legislature shall have enacted the same into law: Provided, that it shall not become initially effective until enacted into law by five states.

(c) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until two years after the Governor of the withdrawing state has given notice in writing of the withdrawal to the Governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

(d) Guam and American Samoa, or either of them may participate in the compact to such extent as may be mutually agreed by the Board and the duly constituted authorities of Guam or American Samoa, as the case may be. However, such participation shall not include the furnishing or receipt of mutual aid pursuant to Article VI, unless that Article has been enacted or otherwise adopted so as to have the full force and effect of law in the jurisdiction affected. Neither Guam nor American Samoa shall be entitled to voting participation on the Board, unless it has become a full party to the compact.

ARTICLE X. SEVERABILITY AND CONSTRUCTION

The provisions of this compact and of any supplementary agreement entered into hereunder shall be severable and if any phrase, clause, sentence or provision of this compact or such supplementary agreement is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact or such supplementary agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact or any supplementary agreement entered into hereunder shall be held contrary to the constitution of any state participating therein, the compact or such supplementary agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. The provisions of this compact and of any supplementary agreement entered into pursuant thereto shall be liberally construed to effectuate the purposes thereof.

(Added to NRS by 1969, 1138 )

NRS 459.0094

NRS

459.0094

Executive Director of Agency for Nuclear Projects: Duties.

The Executive Director shall:

Appoint, with the consent of the Commission, an Administrator of each Division of the Agency.
Advise the Commission on matters relating to the potential disposal of radioactive waste in this State.
Evaluate the potentially adverse effects of a facility for the disposal of radioactive waste in this State.
Consult frequently with local governments and state agencies that may be affected by a facility for the disposal of radioactive waste and appropriate legislative committees.
Assist local governments in their dealings with the Department of Energy and its contractors on matters relating to radioactive waste.
Carry out the duties imposed on the State by 42 U.S.C. §§ 10101 to 10226, inclusive, as those sections existed on July 1, 1995.
Cooperate with any governmental agency or other person to carry out the provisions of NRS 459.009 to 459.0098 , inclusive.
Provide semiannual written reports to the Joint Interim Standing Committees on Government Affairs, Growth and Infrastructure, Health and Human Services and Natural Resources. The reports must contain:

(a) A summary of the status of the activities undertaken by the Agency since the previous report;

(b) A description of all contracts the Agency has with natural persons or organizations, including, but not limited to, the name of the recipient of each contract, the amount of the contract, the duties to be performed under the contract, the manner in which the contract assists the Agency in achieving its goals and responsibilities and the status of the performance of the terms of the contract;

(c) The status of any litigation relating to the goals and responsibilities of the Agency to which the State of Nevada is a party; and

(d) Any other information requested by any of the Committees.

(Added to NRS by 1985, 2304 ; A 1995, 1455 )

NRS 459.3874

NRS

459.3874

Amount of civil administrative penalties; settlement of claim; imposition of civil penalty.

The civil administrative penalties are:

Category of Offense

Penalty in U.S. Dollars

A. Failure to register a new or existing facility:............... $25,000 plus $2,000 per day

from the due date

B. Failure to pay the fee required pursuant to NRS 459.3824 :.... 75 percent of the fee

C. Failure to provide information requested by the Division:............................ $25,000

D. Failure to grant access to employees or agents of the Division for inspections: $25,000

E. Failure to provide information or grant access to employees or agents of the Division during an emergency:....................................................................................................... $50,000

F. Falsification of information submitted to the Division:. up to $10,000 per incident

G. Failure to obtain a permit for the construction of a new facility:................. $25,000

H. Failure to comply with a regulation adopted pursuant to NRS 459.380 to 459.3874 , inclusive, other than a regulation for which a civil administrative penalty is set forth in category A to G, inclusive:.................................................................................... $10,000 per incident

The civil administrative penalty prescribed in category H may be assessed for each regulatory provision that is violated. The civil administrative penalty prescribed in category G may be assessed against a contractor who is constructing the facility only if the contractor is contractually responsible for obtaining all appropriate permits for the construction of the facility and the contractor knows or has reason to know the planned use of the facility.

The Division may compromise and settle any claim for any penalty as set forth in this section in such amount in the discretion of the Division as may appear appropriate and equitable under all of the circumstances, including the posting of a performance bond by the violator. If a violator is subject to the imposition of more than one civil administrative penalty for the same violation, the Division shall compromise and settle the claim for the penalty as set forth in this section in such amount as to avoid the duplication of penalties.
No penalty may be imposed pursuant to this section for the failure to perform a required act within the time required if the delay was caused by a natural disaster or other circumstances which are beyond the control of the violator.
Any person who violates any of the provisions of NRS 459.380 to 459.3834 , inclusive, or 459.387 , or any regulation or order adopted or issued pursuant thereto, or an administrative order issued pursuant to subsection 2 of NRS 459.3872 or a court order issued pursuant to subsection 1 of NRS 459.3872 , or who fails to pay a civil administrative penalty in full is subject, upon order of the court, to a civil penalty not to exceed $10,000 per day of the violation, and each days continuance of the violation constitutes a separate and distinct violation. Any penalty imposed pursuant to this subsection may be recovered with costs in a summary proceeding by the Attorney General.

(Added to NRS by 1991, 2009 ; A 1999, 1131 , 2009 ;

2003, 1609 )

DISPOSAL OF HAZARDOUS WASTE

NRS 459.537

NRS

459.537

Account for Management of Hazardous Waste: Payment of costs of responding to leak, spill, accident or motor vehicle crash; reimbursement; action by Attorney General.

If the person responsible for a leak or spill of or an accident or motor vehicle crash involving hazardous waste, hazardous material or a regulated substance does not act promptly and appropriately to clean and decontaminate the affected area properly, and if his or her inaction presents an imminent and substantial hazard to human health, public safety or the environment, money from the Account for the Management of Hazardous Waste may be expended to pay the costs of:

(a) Responding to the leak, spill, accident or crash;

(b) Coordinating the efforts of state, local and federal agencies responding to the leak, spill, accident or crash;

(c) Managing the cleaning and decontamination of an area for the disposal of hazardous waste or the site of the leak, spill, accident or crash;

(d) Removing or contracting for the removal of hazardous waste, hazardous material or a regulated substance which presents an imminent danger to human health, public safety or the environment; or

(e) Services rendered in responding to the leak, spill, accident or crash, by consultants certified pursuant to regulations adopted by the Commission.

Except as otherwise provided in this subsection or NRS 459.610 to 459.658 , inclusive, the Director shall demand reimbursement of the Account for money expended pursuant to subsection 1 from any person who is responsible for the accident, crash, leak or spill, or who owns or controls the hazardous waste, hazardous material or a regulated substance, or the area used for the disposal of the waste, material or substance. Payment of the reimbursement is due within 60 days after the person receives notice from the Director of the amount due. The provisions of this section do not apply to a spill or leak of or an accident or motor vehicle crash involving natural gas or liquefied petroleum gas while it is under the responsibility of a public utility.
At the request of the Director, the Attorney General shall initiate recovery by legal action of the amount of any unpaid reimbursement plus interest at a rate determined pursuant to NRS 17.130 computed from the date of the incident.
As used in this section:

(a) Does not act promptly and appropriately means that the person:

(1) Cannot be notified of the incident within 2 hours after the initial attempt to contact the person;

(2) Does not, within 2 hours after receiving notification of the incident, make an oral or written commitment to clean and decontaminate the affected area properly;

(3) Does not act upon the commitment within 24 hours after making it;

(4) Does not clean and decontaminate the affected area properly; or

(5) Does not act immediately to clean and decontaminate the affected area properly, if his or her inaction presents an imminent and substantial hazard to human health, public safety or the environment.

(b) Responding means any efforts to mitigate, attempt to mitigate or assist in the mitigation of the effects of a leak or spill of or an accident or motor vehicle crash involving hazardous waste, hazardous material or a regulated substance, including, without limitation, efforts to:

(1) Contain and dispose of the hazardous waste, hazardous material or regulated substance.

(2) Clean and decontaminate the area affected by the leak, spill, accident or crash.

(3) Investigate the occurrence of the leak, spill, accident or crash.

(Added to NRS by 1993, 837 ; A 1999, 2695 ; 2015, 1682 )

NRS 459.648

NRS

459.648

Limitations on liability of prospective purchasers.

A prospective purchaser is not a responsible party solely as the result of:

Conducting an environmental assessment of real property;
Contracting to purchase, or acquiring an option to purchase, real property;
Applying to participate in a program; or
Conducting or supervising removal or remediation of a hazardous substance or substances, while exercising reasonable care, pursuant to an approved remedial agreement.

(Added to NRS by 1999, 2694 )

NRS 459.682

NRS

459.682

Prohibition on discharge, use or release; exception; penalty.

Except as otherwise provided in this section and NRS 459.680 , a person, political subdivision, local government or state or local agency shall not discharge, use or release, or allow its employees or independent contractors to discharge, use or release, any Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances for the purpose of:

(a) Testing the Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances unless the person testing the foam has ensured that any measures necessary for the proper containment, treatment and disposal of the foam are available at the testing location and such measures will prevent the release of Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances to the surrounding environment; or

(b) Firefighting training.

Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.

(Added to NRS by 2021, 480 )

NRS 459.684

NRS

459.684

Reporting of discharge, use or release.

Except as otherwise provided in NRS 459.680 , any person, political subdivision, local government or state or local agency who discharges, uses or releases, or allows its employees or independent contractors to discharge, use or release, Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances must report the discharge, use or release to the Division not later than 24 hours after the discharge, use or release. The notification must include, without limitation:

The time, date, location and an estimate of the amount of the discharge, use or release of Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances; and
The purpose or reason for the discharge, use or release.

(Added to NRS by 2021, 480 )

NRS 459.755

NRS

459.755

Use of Contingency Account for Hazardous Materials to pay for costs of cleaning and decontamination of area affected by spill, accident or motor vehicle crash.

If the person responsible for hazardous material involved in a spill, accident or motor vehicle crash does not act promptly and appropriately to clean and decontaminate the affected area, and if the inaction of the person presents an imminent and substantial hazard to human health, public safety, any property or the environment, money from the Contingency Account for Hazardous Materials may be expended to pay the costs of:

Responding to a spill of or an accident or motor vehicle crash involving hazardous material;
Coordinating the efforts of state, local and federal agencies responding to a spill of or an accident or motor vehicle crash involving hazardous material;
Managing the cleaning and decontamination of an area for the disposal of hazardous material or the site of a spill of or an accident or motor vehicle crash involving hazardous material; or
Removing or contracting for the removal of hazardous material which presents an imminent danger to human health, public safety or the environment.

(Added to NRS by 1987, 1753 ; A 1991, 1774 ; 2015, 1685 )

NRS 459.840

NRS

459.840

Account for Management of Storage Tanks: Use; reimbursement; action by Attorney General.

Except as otherwise provided in subsections 2 and 3, money in the Account for the Management of Storage Tanks may only be expended for the continuing observation or other management of storage tanks.
If a person responsible for a release of a regulated substance from a storage tank does not act promptly to clean and decontaminate the affected area properly, and if that inaction presents an imminent and substantial hazard to human health, public safety or the environment, money from the Account may be expended to pay the costs of:

(a) Responding to a release of a regulated substance from a storage tank;

(b) Coordinating the efforts of state, local and federal agencies responding to a release from a storage tank;

(d) Removing or contracting for the removal of a regulated substance released from a storage tank which presents an imminent danger to human health, public safety or the environment.

The Director shall demand reimbursement of the Account for money expended pursuant to subsection 2 from any person who is responsible for the release, or who owns or controls the storage tank, or the area in which the release occurred. Payment of the reimbursement is due within 20 days after the person receives notice from the Director of the amount due. Reimbursement may include all costs actually incurred in the investigation and cleanup. The Director may impose an administrative penalty of not more than 5 percent of the amount of reimbursement for each day the amount remains unpaid after the date the payment for reimbursement is due.
At the request of the Director, the Attorney General shall seek recovery by legal action of the amount of any unpaid reimbursement and penalty.

(Added to NRS by 1989, 772 ; A 1993, 646 )

NRS 462.200

NRS

462.200

Prohibition against contracting for operation of charitable lottery or charitable game under certain circumstances; limitation on expenditure of net proceeds of charitable lottery or charitable game; annual financial report required upon request.

A qualified organization:

(a) Shall not contract with any vendor for the operation of a charitable lottery or charitable game who charges more than 8 percent of the gross proceeds of the charitable lottery or charitable game in exchange for the provision of services.

(b) Shall expend the net proceeds of a charitable lottery or charitable game only for the benefit of charitable or nonprofit activities in this state.

A qualified organization registered by the Chair shall, upon request, submit to the Chair a financial report on a charitable lottery or charitable game. The financial report must include a statement of:

(a) The expenses incurred in the operation of the charitable lottery or charitable game; and

(b) The amount and use of the net proceeds of the charitable lottery or charitable game.

(Added to NRS by 1991, 2261 ; A 2019, 963 )

NRS 463.01443

NRS

463.01443

Club venue employee defined.

Club venue employee means a natural person or third-party contractor who is required to register under the regulations adopted by the Commission pursuant to NRS 463.15999 . The term includes:

Any person who provides hosting and VIP services; and
Any other person who the Commission determines must register because such registration is necessary to promote the public policy set forth in NRS 463.0129 .

(Added to NRS by 2015, 1484 )

NRS 463.01715

NRS

463.01715

Manufacture defined.

Manufacture means:

(a) To manufacture, produce, program, design, control the design of or make modifications to a gaming device, associated equipment, cashless wagering system or interactive gaming system for use or play in Nevada;

(b) To direct or control the methods and processes used to design, develop, program, assemble, produce, fabricate, compose and combine the components and other tangible objects of any gaming device, associated equipment, cashless wagering system or interactive gaming system for use or play in Nevada;

(c) To assemble, or control the assembly of, a gaming device, associated equipment, cashless wagering system or interactive gaming system for use or play in Nevada; or

(d) To assume responsibility for any action described in paragraph (a), (b) or (c).

As used in this section:

(a) Assume responsibility means to:

(1) Acquire complete control over, or ownership of, the applicable gaming device, associated equipment, cashless wagering system or interactive gaming system; and

(2) Accept continuing legal responsibility for the gaming device, associated equipment, cashless wagering system or interactive gaming system, including, without limitation, any form of manufacture performed by an affiliate or independent contractor.

(b) Independent contractor means, with respect to a manufacturer, any person who:

(1) Is not an employee of the manufacturer; and

(2) Pursuant to an agreement with the manufacturer, designs, develops, programs, produces or composes a control program used in the manufacture of a gaming device. As used in this subparagraph, control program has the meaning ascribed to it in NRS 463.0155 .

(Added to NRS by 2009, 273 ; A 2011, 1643 ; 2015, 1486 ; 2017, 360 ; 2019, 1277 )

NRS 463.15999

NRS

463.15999

Regulations requiring registration of club venue employees.

The Commission shall, with the advice and assistance of the Board, provide by regulation for the registration of club venue employees and matters associated therewith. Such regulations may include, without limitation, the following:

(a) Requiring a club venue employee to register with the Board in the same manner as a gaming employee.

(b) Establishing the fees associated with registration pursuant to paragraph (a), which may not exceed the fees for registration as a gaming employee.

(1) Any third-party contractor who provides hosting or VIP services to the club venue; and

(2) Any other third-party contractor who provides services to the club venue on the premises of a licensed gaming establishment and who the Commission determines must comply with the provisions of this paragraph because such compliance is necessary to promote the public policy set forth in NRS 463.0129 .

(d) Requiring the registration of certain third-party contractors in the manner established for independent agents, including the authority to require the application of such persons for a determination of suitability pursuant to paragraph (b) of subsection 2 of NRS 463.167 .

(e) Establishing the fees associated with registration pursuant to paragraph (d), which may not exceed the fees for registration as an independent agent.

Except as otherwise provided by specific statute or by the regulations adopted pursuant to this section, a club venue employee shall be deemed to be a gaming employee for the purposes of all provisions of this chapter and the regulations adopted pursuant thereto that apply to a gaming employee.

(Added to NRS by 2015, 1484 )

REGULATION OF PERSONS INVOLVED IN GAMING

NRS 463.650

NRS

463.650

License required for manufacture, selling or distribution of gaming device, cashless wagering system or interactive gaming system for use or play in Nevada; exceptions; applicability of

NRS 463.482

463.645

, inclusive; certain persons conducting business in Nevada to submit copy of registration with Attorney General of the United States to the Board; unlawful to distribute certain items to jurisdictions where such items are illegal.

Except as otherwise provided in subsections 2 to 7, inclusive, and NRS 463.1725 , it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain any form of manufacture, selling or distribution of any gaming device, cashless wagering system or interactive gaming system for use or play in Nevada without first procuring and maintaining all required federal, state, county and municipal licenses.
A lessor who specifically acquires equipment for a capital lease is not required to be licensed under this section.
The holder of a state gaming license or the holding company of a corporation, partnership, limited partnership, limited-liability company or other business organization holding a license may, within 2 years after cessation of business or upon specific approval by the Board, dispose of by sale in a manner approved by the Board, any or all of its gaming devices, including slot machines and cashless wagering systems, without a distributors license. In cases of bankruptcy of a state gaming licensee or foreclosure of a lien by a bank or other person holding a security interest for which gaming devices are security in whole or in part for the lien, the Board may authorize the disposition of the gaming devices without requiring a distributors license.
The Commission may, by regulation, authorize a person who owns:

(a) Gaming devices for home use in accordance with NRS 463.160 ; or

(b) Antique gaming devices,

Ê to sell such devices without procuring a license therefor to residents of jurisdictions wherein ownership of such devices is legal.

Upon approval by the Board, a gaming device owned by:

(a) A law enforcement agency;

(b) A court of law; or

Ê may be disposed of by sale, in a manner approved by the Board, without a distributors license. An application for approval must be submitted to the Board in the manner prescribed by the Chair.

A manufacturer who performs any action described in paragraph (a), (b) or (c) of subsection 1 of NRS 463.01715 is not required to be licensed under the provisions of this section with respect to the performance of that action if another manufacturer who is licensed under the provisions of this section assumes responsibility for the performance of that action.
An independent contractor who designs, develops, programs, produces or composes a control program for use in the manufacture of a gaming device that is for use or play in this State is not required to be licensed under the provisions of this section with respect to the design, development, programming, production or composition of a control program if a manufacturer who is licensed under the provisions of this section assumes responsibility for the design, development, programming, production or composition of the control program.
Any person who the Commission determines is a suitable person to receive a license under the provisions of this section may be issued a manufacturers or distributors license. The burden of proving his or her qualification to receive or hold a license under this section is at all times on the applicant or licensee.
Every person who must be licensed pursuant to this section is subject to the provisions of NRS 463.482 to 463.645 , inclusive, unless exempted from those provisions by the Commission.
The Commission may exempt, for any purpose, a manufacturer, seller or distributor from the provisions of NRS 463.482 to 463.645 , inclusive, if the Commission determines that the exemption is consistent with the purposes of this chapter.
Any person conducting business in Nevada who is not required to be licensed as a manufacturer, seller or distributor pursuant to subsection 1, but who otherwise must register with the Attorney General of the United States pursuant to Title 15 of U.S.C., must submit to the Board a copy of such registration within 10 days after submission to the Attorney General of the United States.
It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to knowingly distribute any gaming device, cashless wagering system, interactive gaming system or associated equipment from Nevada to any jurisdiction where the possession, ownership or use of any such device, system or equipment is illegal.
As used in this section:

(a) Antique gaming device means a gaming device that was manufactured before 1961.

(b) Assume responsibility has the meaning ascribed to it in NRS 463.01715 .

(d) Holding company has the meaning ascribed to it in NRS 463.485 .

(e) Independent contractor has the meaning ascribed to it in NRS 463.01715 .

(Added to NRS by 1967, 1596 ; A 1969, 651 ; 1977, 1425 , 1441 ,

1445 ;

1981, 1101 ; 1983, 1206 ; 1989, 405 , 970 ;

1993, 314 , 829 ,

831 ,

2010 ;

1995, 762 ; 1997, 3508 ; 2001, 3091 ; 2003, 20th Special Session, 14 ; 2005, 719 ; 2007, 1119 ; 2009, 288 ; 2011, 1644 ; 2017, 364 ; 2019, 1283 ; 2023, 1499 )

NRS 463.665

NRS

463.665

Regulations: Registration and finding of suitability for manufacturer or distributor of associated equipment or person with significant involvement in manufacturing or distribution of associated equipment; degree of review; fees.

The Commission shall, with the advice and assistance of the Board, adopt regulations prescribing:

(a) The manner and method for the approval of associated equipment by the Board; and

(b) The method and form of any application required by paragraph (a).

Except as otherwise provided in subsection 3, the regulations adopted pursuant to subsection 1 must:

(a) Require persons who manufacture or distribute associated equipment for use in this State to be registered with the Board if such associated equipment:

(1) Is directly used in gaming;

(2) Has the ability to add or subtract cash, cash equivalents or wagering credits to a game, gaming device or cashless wagering system;

(3) Interfaces with and affects the operation of a game, gaming device, cashless wagering system or other associated equipment;

(4) Is used directly or indirectly in the reporting of gross revenue; or

(5) Is otherwise determined by the Board to create a risk to the integrity of gaming and protection of the public if not regulated;

(b) Require persons who have a significant involvement in the manufacturing or distribution of associated equipment, as determined by the Commission, to register with the Board;

(c) Establish the degree of review an applicant for registration pursuant to this section must undergo, which level may be different for different forms of associated equipment; and

(d) Establish fees for the application and renewal of the registration required pursuant to this section.

This section does not apply to:

(a) A licensee; or

(b) An affiliate of a licensee or an independent contractor as defined by NRS 463.01715 .

In addition to requiring a manufacturer or distributor of associated equipment to be registered as set forth in subsection 2 a manufacturer or distributor of associated equipment who sells, transfers or offers the associated equipment for use or play in Nevada may be required by the Board to file an application for a finding of suitability to be a manufacturer or distributor of associated equipment.
If an application for a finding of suitability is not submitted to the Board within 30 days after demand by the Board, it may pursue any remedy or combination of remedies provided in this chapter.
Any person who manufactures or distributes associated equipment who has complied with all applicable regulations adopted by the Commission before October 1, 2015, shall be deemed to be registered pursuant to this section.

(Added to NRS by 1983, 1205 ; A 1985, 2144 ; 1987, 188 ; 2015, 1488 ; 2017, 365 ; 2019, 221 ; 2021, 3391 )

NRS 472.070

NRS

472.070

Separate or collective agreements with United States Forest Service and United States Bureau of Land Management and other entities; disbursement of money.

The State Forester Firewarden with the approval of the Director of the State Department of Conservation and Natural Resources, fire protection districts, and the boards of county commissioners, separately or collectively, may enter into agreements with the United States Forest Service, United States Bureau of Land Management, other fire protection agencies and rangeland fire protection associations to provide for placing any or all portions of the fire protection work under the direction of the agency or association concerned, under such terms as the contracting parties deem equitable, and may place any or all funds appropriated or otherwise secured for forest and rangeland protection in the cooperative work fund of the respective agency or rangeland fire protection association for disbursement by that agency or association for the purposes stated in the agreements and otherwise in conformity with the terms thereof.

[7:149:1945; 1943 NCL § 3169.06]—(NRS A 1977, 1147 ; 2015, 1998 ; 2021, 629 )

NRS 481.063

NRS

481.063

Collection and deposit of fees for publications of Department and private use of files and records of Department; limitations on release and use of files and records; regulations. [Effective until the earlier of December 31, 2026, or the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 119,

Statutes of Nevada 2015, at page 429

The Director may charge and collect reasonable fees for official publications of the Department and from persons making use of files and records of the Department or its various divisions for a private purpose. All money so collected must be deposited in the State Treasury for credit to the Motor Vehicle Fund.
Except as otherwise provided in subsection 6, the Director may release personal information, except a photograph, from a file or record relating to the drivers license, identification card, or title or registration of a vehicle of a person if the requester submits a written release from the person who holds a lien on the vehicle, or an agent of that person, or the person about whom the information is requested which is dated not more than 90 days before the date of the request. The written release must be in a form required by the Director.
Except as otherwise provided in subsections 2 and 4, the Director shall not release to any person who is not a representative of the Division of Welfare and Supportive Services of the Department of Health and Human Services or an officer, employee or agent of a law enforcement agency, an agent of the public defenders office or an agency of a local government which collects fines imposed for parking violations, who is not conducting an investigation pursuant to NRS 253.0415 or 253.220 , who is not authorized to transact insurance pursuant to chapter 680A of NRS or who is not licensed as a private investigator pursuant to chapter 648 of NRS and conducting an investigation of an insurance claim:

(a) A list which includes license plate numbers combined with any other information in the records or files of the Department;

(b) The social security number of any person, if it is requested to facilitate the solicitation of that person to purchase a product or service; or

(c) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

Ê When such personally identifiable information is requested of a law enforcement agency by the presentation of a license plate number, the law enforcement agency shall conduct an investigation regarding the person about whom information is being requested or, as soon as practicable, provide the requester with the requested information if the requester officially reports that the motor vehicle bearing that license plate was used in a violation of NRS 205.240 , 205.345 , 205.380 or 205.445 .

If a person is authorized to obtain such information pursuant to a contract entered into with the Department and if such information is requested for the purpose of an advisory notice relating to a motor vehicle or the recall of a motor vehicle or for the purpose of providing information concerning the history of a vehicle, the Director may release:

(a) A list which includes license plate numbers combined with any other information in the records or files of the Department; or

(b) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

Except as otherwise provided in subsections 2, 4, 6, 7 and 11 and NRS 483.294 , 483.855 and 483.937 , the Director shall not release any personal information from a file or record relating to a drivers license, identification card, or title or registration of a vehicle.
Except as otherwise provided in paragraph (a) and subsections 8 and 11, if a person or governmental entity provides a description of the information requested and its proposed use and signs an affidavit to that effect, the Director may release any personal information, except a photograph, from a file or record relating to a drivers license, identification card, or title or registration of a vehicle for use:

(a) By any governmental entity, including, but not limited to, any court or law enforcement agency, in carrying out its functions, or any person acting on behalf of a federal, state or local governmental agency in carrying out its functions. The personal information may include a photograph from a file or record relating to a drivers license, identification card, or title or registration of a vehicle.

(b) In connection with any civil, criminal, administrative or arbitration proceeding before any federal or state court, regulatory body, board, commission or agency, including, but not limited to, use for service of process, investigation in anticipation of litigation, and execution or enforcement of judgments and orders, or pursuant to an order of a federal or state court.

(1) The safety of drivers of motor vehicles;

(2) Safety and thefts of motor vehicles;

(3) Emissions from motor vehicles;

(4) Alterations of products related to motor vehicles;

(5) An advisory notice relating to a motor vehicle or the recall of a motor vehicle;

(6) Monitoring the performance of motor vehicles;

(7) Parts or accessories of motor vehicles;

(8) Dealers of motor vehicles; or

(9) Removal of nonowner records from the original records of motor vehicle manufacturers.

(d) Except as otherwise provided in subsection 6 of NRS 482.2175 , by any insurer, self-insurer or organization that provides assistance or support to an insurer or self-insurer or its agents, employees or contractors, in connection with activities relating to the rating, underwriting or investigation of claims or the prevention of fraud.

(e) In providing notice to the owners of vehicles that have been towed, repossessed or impounded.

(f) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial drivers license who is employed by or has applied for employment with the employer.

(g) By a private investigator, private patrol officer or security consultant who is licensed pursuant to chapter 648 of NRS, for any use permitted pursuant to this section.

(h) By a reporter or editorial employee who is employed by or affiliated with any newspaper, press association or commercially operated, federally licensed radio or television station for a journalistic purpose. The Department may not make any inquiries regarding the use of or reason for the information requested other than whether the information will be used for a journalistic purpose.

(i) In connection with an investigation conducted pursuant to NRS 253.0415 or 253.220 .

(j) In activities relating to research and the production of statistical reports, if the personal information will not be published or otherwise redisclosed, or used to contact any person.

Upon the request of a court or its traffic violations bureau, the Director shall release the mailing address and contact information of a person who has been issued a traffic citation that is filed with the court or traffic violations bureau from a file or record relating to the drivers license of the person or the title or registration of the persons vehicle for the purpose of enabling the court or traffic violations bureau to provide notifications concerning the traffic citation to the person.
Except as otherwise provided in paragraph (j) of subsection 6, the Director shall not provide personal information to individuals or companies for the purpose of marketing extended vehicle warranties, and a person who requests and receives personal information may sell or disclose that information only for a use permitted pursuant to subsection 6. Such a person shall keep and maintain for 5 years a record of:

(a) Each person to whom the information is provided; and

(b) The purpose for which that person will use the information.

Ê The record must be made available for examination by the Department at all reasonable times upon request.

Except as otherwise provided in subsection 2, the Director may deny any use of the files and records if the Director reasonably believes that the information taken may be used for an unwarranted invasion of a particular persons privacy.
Except as otherwise provided in NRS 485.316 , the Director shall not allow any person to make use of information retrieved from the system created pursuant to NRS 485.313 for a private purpose and shall not in any other way release any information retrieved from that system.
The Director shall not release any personal information from a file or record relating to a license, identification card or title or registration of a vehicle to any person or to any federal, state or local governmental entity for any purpose relating to the enforcement of immigration laws unless the requester submits a written release from the person about whom the information is requested or the Director releases the personal information pursuant to a lawful order, subpoena or warrant issued by a court of competent jurisdiction. If the Director releases personal information pursuant to this subsection in response to an order, subpoena or warrant, the Director shall not release personal information beyond what is specifically required to comply with the order, subpoena or warrant.
The Director shall adopt such regulations as the Director deems necessary to carry out the purposes of this section. In addition, the Director shall, by regulation, establish a procedure whereby a person who is requesting personal information may establish an account with the Department to facilitate the persons ability to request information electronically or by written request if the person has submitted to the Department proof of employment or licensure, as applicable, and a signed and notarized affidavit acknowledging that the person:

(a) Has read and fully understands the current laws and regulations regarding the manner in which information from the Departments files and records may be obtained and the limited uses which are permitted;

(b) Understands that any sale or disclosure of information so obtained must be in accordance with the provisions of this section;

(d) Understands that a violation of the provisions of this section is a criminal offense.

It is unlawful for any person to:

(a) Make a false representation to obtain any information from the files or records of the Department.

(b) Knowingly obtain or disclose any information from the files or records of the Department for any use not permitted by the provisions of this chapter.

As used in this section:

(a) Personal information means information that reveals the identity of a person, including, without limitation, his or her photograph, social security number, individual taxpayer identification number, drivers license number, identification card number, name, address, telephone number or information regarding a medical condition or disability. The term does not include the zip code of a person when separate from his or her full address, information regarding vehicular crashes or driving violations in which he or she has been involved or other information otherwise affecting his or her status as a driver.

(b) Vehicle includes, without limitation, an off-highway vehicle as defined in NRS 490.060 .

(Added to NRS by 1957, 611 ; A 1975, 210 ; 1979, 1118 ; 1981, 1590 ; 1985, 686 ; 1989, 473 ; 1993, 2479 ; 1995, 1926 ; 1997, 65 , 312 ,

2342 ;

1999, 1932 ; 2001, 909 ; 2003, 454 ; 2009, 709 , 2201 ,

2273 ;

2011, 289 , 2679 ;

2013, 560 , 1291 ;

2015, 1622 ; 2019, 377 ; 2021, 1072 ; 2023, 853 )

NRS

481.063

Collection and deposit of fees for publications of Department and private use of files and records of Department; limitations on release and use of files and records; regulations. [Effective January 1, 2027, and until the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 119,

Statutes of Nevada 2015, at page 429

The Director may charge and collect reasonable fees for official publications of the Department and from persons making use of files and records of the Department or its various divisions for a private purpose. All money so collected must be deposited in the State Treasury for credit to the Motor Vehicle Fund.
Except as otherwise provided in subsection 6, the Director may release personal information, except a photograph, from a file or record relating to the drivers license, identification card, or title or registration of a vehicle of a person if the requester submits a written release from the person who holds a lien on the vehicle, or an agent of that person, or the person about whom the information is requested which is dated not more than 90 days before the date of the request. The written release must be in a form required by the Director.
Except as otherwise provided in subsections 2 and 4, the Director shall not release to any person who is not a representative of the Division of Welfare and Supportive Services of the Department of Health and Human Services or an officer, employee or agent of a law enforcement agency, an agent of the public defenders office or an agency of a local government which collects fines imposed for parking violations, who is not conducting an investigation pursuant to NRS 253.0415 or 253.220 , who is not authorized to transact insurance pursuant to chapter 680A of NRS or who is not licensed as a private investigator pursuant to chapter 648 of NRS and conducting an investigation of an insurance claim:

(a) A list which includes license plate numbers combined with any other information in the records or files of the Department;

(b) The social security number of any person, if it is requested to facilitate the solicitation of that person to purchase a product or service; or

(c) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

If a person is authorized to obtain such information pursuant to a contract entered into with the Department and if such information is requested for the purpose of an advisory notice relating to a motor vehicle or the recall of a motor vehicle or for the purpose of providing information concerning the history of a vehicle, the Director may release:

(a) A list which includes license plate numbers combined with any other information in the records or files of the Department; or

(b) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

Except as otherwise provided in subsections 2, 4, 6, 7 and 11 and NRS 483.294 , 483.855 and 483.937 , the Director shall not release any personal information from a file or record relating to a drivers license, identification card, or title or registration of a vehicle.
Except as otherwise provided in paragraph (a) and subsections 8 and 11, if a person or governmental entity provides a description of the information requested and its proposed use and signs an affidavit to that effect, the Director may release any personal information, except a photograph, from a file or record relating to a drivers license, identification card, or title or registration of a vehicle for use:

(1) The safety of drivers of motor vehicles;

(2) Safety and thefts of motor vehicles;

(3) Emissions from motor vehicles;

(4) Alterations of products related to motor vehicles;

(5) An advisory notice relating to a motor vehicle or the recall of a motor vehicle;

(6) Monitoring the performance of motor vehicles;

(7) Parts or accessories of motor vehicles;

(8) Dealers of motor vehicles; or

(9) Removal of nonowner records from the original records of motor vehicle manufacturers.

(d) By any insurer, self-insurer or organization that provides assistance or support to an insurer or self-insurer or its agents, employees or contractors, in connection with activities relating to the rating, underwriting or investigation of claims or the prevention of fraud.

(e) In providing notice to the owners of vehicles that have been towed, repossessed or impounded.

(f) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial drivers license who is employed by or has applied for employment with the employer.

(g) By a private investigator, private patrol officer or security consultant who is licensed pursuant to chapter 648 of NRS, for any use permitted pursuant to this section.

(i) In connection with an investigation conducted pursuant to NRS 253.0415 or 253.220 .

(j) In activities relating to research and the production of statistical reports, if the personal information will not be published or otherwise redisclosed, or used to contact any person.

Upon the request of a court or its traffic violations bureau, the Director shall release the mailing address and contact information of a person who has been issued a traffic citation that is filed with the court or traffic violations bureau from a file or record relating to the drivers license of the person or the title or registration of the persons vehicle for the purpose of enabling the court or traffic violations bureau to provide notifications concerning the traffic citation to the person.
Except as otherwise provided in paragraph (j) of subsection 6, the Director shall not provide personal information to individuals or companies for the purpose of marketing extended vehicle warranties, and a person who requests and receives personal information may sell or disclose that information only for a use permitted pursuant to subsection 6. Such a person shall keep and maintain for 5 years a record of:

(a) Each person to whom the information is provided; and

(b) The purpose for which that person will use the information.

Ê The record must be made available for examination by the Department at all reasonable times upon request.

Except as otherwise provided in subsection 2, the Director may deny any use of the files and records if the Director reasonably believes that the information taken may be used for an unwarranted invasion of a particular persons privacy.
Except as otherwise provided in NRS 485.316 , the Director shall not allow any person to make use of information retrieved from the system created pursuant to NRS 485.313 for a private purpose and shall not in any other way release any information retrieved from that system.
The Director shall not release any personal information from a file or record relating to a license, identification card or title or registration of a vehicle to any person or to any federal, state or local governmental entity for any purpose relating to the enforcement of immigration laws unless the requester submits a written release from the person about whom the information is requested or the Director releases the personal information pursuant to a lawful order, subpoena or warrant issued by a court of competent jurisdiction. If the Director releases personal information pursuant to this subsection in response to an order, subpoena or warrant, the Director shall not release personal information beyond what is specifically required to comply with the order, subpoena or warrant.
The Director shall adopt such regulations as the Director deems necessary to carry out the purposes of this section. In addition, the Director shall, by regulation, establish a procedure whereby a person who is requesting personal information may establish an account with the Department to facilitate the persons ability to request information electronically or by written request if the person has submitted to the Department proof of employment or licensure, as applicable, and a signed and notarized affidavit acknowledging that the person:

(b) Understands that any sale or disclosure of information so obtained must be in accordance with the provisions of this section;

(d) Understands that a violation of the provisions of this section is a criminal offense.

It is unlawful for any person to:

(a) Make a false representation to obtain any information from the files or records of the Department.

(b) Knowingly obtain or disclose any information from the files or records of the Department for any use not permitted by the provisions of this chapter.

As used in this section:

(b) Vehicle includes, without limitation, an off-highway vehicle as defined in NRS 490.060 .

(Added to NRS by 1957, 611 ; A 1975, 210 ; 1979, 1118 ; 1981, 1590 ; 1985, 686 ; 1989, 473 ; 1993, 2479 ; 1995, 1926 ; 1997, 65 , 312 ,

2342 ;

1999, 1932 ; 2001, 909 ; 2003, 454 ; 2009, 709 , 2201 ,

2273 ;

2011, 289 , 2679 ;

2013, 560 , 1291 ;

2015, 1622 ; 2019, 377 ; 2021, 1072 ; 2023, 853 , effective January 1, 2027)

NRS

481.063

Collection and deposit of fees for publications of Department and private use of files and records of Department; limitations on release and use of files and records; regulations. [Effective on the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 119,

Statutes of Nevada 2015, at page 429

, and through December 31, 2026.]

The Director may charge and collect reasonable fees for official publications of the Department and from persons making use of files and records of the Department or its various divisions for a private purpose. All money so collected must be deposited in the State Treasury for credit to the Motor Vehicle Fund.
Except as otherwise provided in subsection 6, the Director may release personal information, except a photograph, from a file or record relating to the drivers license, identification card, or title or registration of a vehicle of a person if the requester submits a written release from the person who holds a lien on the vehicle, or an agent of that person, or the person about whom the information is requested which is dated not more than 90 days before the date of the request. The written release must be in a form required by the Director.
Except as otherwise provided in subsections 2 and 4, the Director shall not release to any person who is not a representative of the Division of Welfare and Supportive Services of the Department of Health and Human Services or an officer, employee or agent of a law enforcement agency, an agent of the public defenders office or an agency of a local government which collects fines imposed for parking violations, who is not conducting an investigation pursuant to NRS 253.0415 or 253.220 , who is not authorized to transact insurance pursuant to chapter 680A of NRS or who is not licensed as a private investigator pursuant to chapter 648 of NRS and conducting an investigation of an insurance claim:

(a) A list which includes license plate numbers combined with any other information in the records or files of the Department;

(b) The social security number of any person, if it is requested to facilitate the solicitation of that person to purchase a product or service; or

(c) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

If a person is authorized to obtain such information pursuant to a contract entered into with the Department and if such information is requested for the purpose of an advisory notice relating to a motor vehicle or the recall of a motor vehicle or for the purpose of providing information concerning the history of a vehicle, the Director may release:

(a) A list which includes license plate numbers combined with any other information in the records or files of the Department; or

(b) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

Except as otherwise provided in subsections 2, 4, 6, 7 and 12 and NRS 483.294 , 483.855 and 483.937 , the Director shall not release any personal information from a file or record relating to a drivers license, identification card, or title or registration of a vehicle.
Except as otherwise provided in paragraph (a) and subsections 8 and 12, if a person or governmental entity provides a description of the information requested and its proposed use and signs an affidavit to that effect, the Director may release any personal information, except a photograph, from a file or record relating to a drivers license, identification card, or title or registration of a vehicle for use:

(1) The safety of drivers of motor vehicles;

(2) Safety and thefts of motor vehicles;

(3) Emissions from motor vehicles;

(4) Alterations of products related to motor vehicles;

(5) An advisory notice relating to a motor vehicle or the recall of a motor vehicle;

(6) Monitoring the performance of motor vehicles;

(7) Parts or accessories of motor vehicles;

(8) Dealers of motor vehicles; or

(9) Removal of nonowner records from the original records of motor vehicle manufacturers.

(e) In providing notice to the owners of vehicles that have been towed, repossessed or impounded.

(f) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial drivers license who is employed by or has applied for employment with the employer.

(g) By a private investigator, private patrol officer or security consultant who is licensed pursuant to chapter 648 of NRS, for any use permitted pursuant to this section.

(i) In connection with an investigation conducted pursuant to NRS 253.0415 or 253.220 .

(j) In activities relating to research and the production of statistical reports, if the personal information will not be published or otherwise redisclosed, or used to contact any person.

Upon the request of a court or its traffic violations bureau, the Director shall release the mailing address and contact information of a person who has been issued a traffic citation that is filed with the court or traffic violations bureau from a file or record relating to the drivers license of the person or the title or registration of the persons vehicle for the purpose of enabling the court or traffic violations bureau to provide notifications concerning the traffic citation to the person.
Except as otherwise provided in paragraph (j) of subsection 6, the Director shall not provide personal information to individuals or companies for the purpose of marketing extended vehicle warranties, and a person who requests and receives personal information may sell or disclose that information only for a use permitted pursuant to subsection 6. Such a person shall keep and maintain for 5 years a record of:

(a) Each person to whom the information is provided; and

(b) The purpose for which that person will use the information.

Ê The record must be made available for examination by the Department at all reasonable times upon request.

Except as otherwise provided in subsection 2, the Director may deny any use of the files and records if the Director reasonably believes that the information taken may be used for an unwarranted invasion of a particular persons privacy.
Except as otherwise provided in NRS 485.316 , the Director shall not allow any person to make use of information retrieved from the system created pursuant to NRS 485.313 for a private purpose and shall not in any other way release any information retrieved from that system.
Except as otherwise provided in NRS 483.651 , 483.655 and 483.657 , or as otherwise required by law, the Director shall not:

(a) Allow any person to make use of information retrieved from the Next-of-Kin Registry established pursuant to NRS 483.651 for:

(1) A private purpose; or

(2) Any purpose relating to the legal presence of a person; or

(b) In any other way release any information retrieved from the Registry.

The Director shall not release any personal information from a file or record relating to a license, identification card or title or registration of a vehicle to any person or to any federal, state or local governmental entity for any purpose relating to the enforcement of immigration laws unless the requester submits a written release from the person about whom the information is requested or the Director releases the personal information pursuant to a lawful order, subpoena or warrant issued by a court of competent jurisdiction. If the Director releases personal information pursuant to this subsection in response to an order, subpoena or warrant, the Director shall not release personal information beyond what is specifically required to comply with the order, subpoena or warrant.
The Director shall adopt such regulations as the Director deems necessary to carry out the purposes of this section. In addition, the Director shall, by regulation, establish a procedure whereby a person who is requesting personal information may establish an account with the Department to facilitate the persons ability to request information electronically or by written request if the person has submitted to the Department proof of employment or licensure, as applicable, and a signed and notarized affidavit acknowledging that the person:

(b) Understands that any sale or disclosure of information so obtained must be in accordance with the provisions of this section;

(d) Understands that a violation of the provisions of this section is a criminal offense.

It is unlawful for any person to:

(a) Make a false representation to obtain any information from the files or records of the Department.

(b) Knowingly obtain or disclose any information from the files or records of the Department for any use not permitted by the provisions of this chapter.

As used in this section:

(b) Vehicle includes, without limitation, an off-highway vehicle as defined in NRS 490.060 .

(Added to NRS by 1957, 611 ; A 1975, 210 ; 1979, 1118 ; 1981, 1590 ; 1985, 686 ; 1989, 473 ; 1993, 2479 ; 1995, 1926 ; 1997, 65 , 312 ,

2342 ;

1999, 1932 ; 2001, 909 ; 2003, 454 ; 2009, 709 , 2201 ,

2273 ;

2011, 289 , 2679 ;

2013, 560 , 1291 ;

2015, 430 , 1622 ;

2019, 377 ; 2021, 1072 ; 2023, 853 , effective on the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 119, Statutes of Nevada 2015, at page 429 )

NRS

481.063

Collection and deposit of fees for publications of Department and private use of files and records of Department; limitations on release and use of files and records; regulations. [Effective on the later of January 1, 2027, or the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 119,

Statutes of Nevada 2015, at page 429

The Director may charge and collect reasonable fees for official publications of the Department and from persons making use of files and records of the Department or its various divisions for a private purpose. All money so collected must be deposited in the State Treasury for credit to the Motor Vehicle Fund.
Except as otherwise provided in subsection 6, the Director may release personal information, except a photograph, from a file or record relating to the drivers license, identification card, or title or registration of a vehicle of a person if the requester submits a written release from the person who holds a lien on the vehicle, or an agent of that person, or the person about whom the information is requested which is dated not more than 90 days before the date of the request. The written release must be in a form required by the Director.
Except as otherwise provided in subsections 2 and 4, the Director shall not release to any person who is not a representative of the Division of Welfare and Supportive Services of the Department of Health and Human Services or an officer, employee or agent of a law enforcement agency, an agent of the public defenders office or an agency of a local government which collects fines imposed for parking violations, who is not conducting an investigation pursuant to NRS 253.0415 or 253.220 , who is not authorized to transact insurance pursuant to chapter 680A of NRS or who is not licensed as a private investigator pursuant to chapter 648 of NRS and conducting an investigation of an insurance claim:

(a) A list which includes license plate numbers combined with any other information in the records or files of the Department;

(b) The social security number of any person, if it is requested to facilitate the solicitation of that person to purchase a product or service; or

(c) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

If a person is authorized to obtain such information pursuant to a contract entered into with the Department and if such information is requested for the purpose of an advisory notice relating to a motor vehicle or the recall of a motor vehicle or for the purpose of providing information concerning the history of a vehicle, the Director may release:

(a) A list which includes license plate numbers combined with any other information in the records or files of the Department; or

(b) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

Except as otherwise provided in subsections 2, 4, 6, 7 and 12 and NRS 483.294 , 483.855 and 483.937 , the Director shall not release any personal information from a file or record relating to a drivers license, identification card, or title or registration of a vehicle.
Except as otherwise provided in paragraph (a) and subsections 8 and 12, if a person or governmental entity provides a description of the information requested and its proposed use and signs an affidavit to that effect, the Director may release any personal information, except a photograph, from a file or record relating to a drivers license, identification card, or title or registration of a vehicle for use:

(1) The safety of drivers of motor vehicles;

(2) Safety and thefts of motor vehicles;

(3) Emissions from motor vehicles;

(4) Alterations of products related to motor vehicles;

(5) An advisory notice relating to a motor vehicle or the recall of a motor vehicle;

(6) Monitoring the performance of motor vehicles;

(7) Parts or accessories of motor vehicles;

(8) Dealers of motor vehicles; or

(9) Removal of nonowner records from the original records of motor vehicle manufacturers.

(e) In providing notice to the owners of vehicles that have been towed, repossessed or impounded.

(f) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial drivers license who is employed by or has applied for employment with the employer.

(g) By a private investigator, private patrol officer or security consultant who is licensed pursuant to chapter 648 of NRS, for any use permitted pursuant to this section.

(i) In connection with an investigation conducted pursuant to NRS 253.0415 or 253.220 .

(j) In activities relating to research and the production of statistical reports, if the personal information will not be published or otherwise redisclosed, or used to contact any person.

Upon the request of a court or its traffic violations bureau, the Director shall release the mailing address and contact information of a person who has been issued a traffic citation that is filed with the court or traffic violations bureau from a file or record relating to the drivers license of the person or the title or registration of the persons vehicle for the purpose of enabling the court or traffic violations bureau to provide notifications concerning the traffic citation to the person.
Except as otherwise provided in paragraph (j) of subsection 6, the Director shall not provide personal information to individuals or companies for the purpose of marketing extended vehicle warranties, and a person who requests and receives personal information may sell or disclose that information only for a use permitted pursuant to subsection 6. Such a person shall keep and maintain for 5 years a record of:

(a) Each person to whom the information is provided; and

(b) The purpose for which that person will use the information.

Ê The record must be made available for examination by the Department at all reasonable times upon request.

Except as otherwise provided in subsection 2, the Director may deny any use of the files and records if the Director reasonably believes that the information taken may be used for an unwarranted invasion of a particular persons privacy.
Except as otherwise provided in NRS 485.316 , the Director shall not allow any person to make use of information retrieved from the system created pursuant to NRS 485.313 for a private purpose and shall not in any other way release any information retrieved from that system.
Except as otherwise provided in NRS 483.651 , 483.655 and 483.657 , or as otherwise required by law, the Director shall not:

(a) Allow any person to make use of information retrieved from the Next-of-Kin Registry established pursuant to NRS 483.651 for:

(1) A private purpose; or

(2) Any purpose relating to the legal presence of a person; or

(b) In any other way release any information retrieved from the Registry.

The Director shall not release any personal information from a file or record relating to a license, identification card or title or registration of a vehicle to any person or to any federal, state or local governmental entity for any purpose relating to the enforcement of immigration laws unless the requester submits a written release from the person about whom the information is requested or the Director releases the personal information pursuant to a lawful order, subpoena or warrant issued by a court of competent jurisdiction. If the Director releases personal information pursuant to this subsection in response to an order, subpoena or warrant, the Director shall not release personal information beyond what is specifically required to comply with the order, subpoena or warrant.
The Director shall adopt such regulations as the Director deems necessary to carry out the purposes of this section. In addition, the Director shall, by regulation, establish a procedure whereby a person who is requesting personal information may establish an account with the Department to facilitate the persons ability to request information electronically or by written request if the person has submitted to the Department proof of employment or licensure, as applicable, and a signed and notarized affidavit acknowledging that the person:

(a) Has read and fully understands the current laws and regulations regarding the manner in which information from the Departments files and records may be ob

NRS 482.2175

NRS

482.2175

Pilot program for determining vehicle miles traveled; duties of Department; reports; acceptance of gifts, grants and donations; regulations. [Effective through December 31, 2026.]

The Legislature hereby finds and declares that:

(a) The State faces major financial challenges to adequately fund the construction and maintenance of the highways of this State as revenues from taxes imposed on fuel, at both the state and federal level, long used to fund construction and maintenance of the highways of this State and many other states, have declined primarily because of the improved efficiency of the motor vehicles operated on the highways of this State.

(b) The Legislature must seek significant and innovative solutions in order to meet the challenges of adequately funding the construction and maintenance of the highways of this State into the future, among them the concept of basing revenue collection on the annual vehicle miles traveled by each vehicle using the highways of this State.

The Legislature therefore directs the Department of Motor Vehicles to conduct a pilot program to gather data on annual vehicle miles traveled and other relevant information for certain motor vehicles registered in this State.
Upon receipt of the information obtained pursuant to NRS 482.2177 , the Department shall compile the data and prepare a report on the annual vehicle miles traveled of those motor vehicles in this State required to provide odometer readings pursuant to NRS 482.2177

by categories determined by the Department, including, without limitation, the annual vehicle miles traveled by:

(a) Type of motor vehicle, including, without limitation:

(1) Passenger car;

(2) Light-duty;

(3) Heavy-duty;

(4) Motortruck;

(5) Truck-tractor; and

(6) Bus.

(b) Weight of motor vehicle, including, without limitation:

(1) Less than 6,000 pounds;

(2) From 6,000 pounds to 8,499 pounds;

(3) From 8,500 pounds to 10,000 pounds;

(4) From 10,001 pounds to 26,000 pounds;

(5) From 26,001 pounds to 80,000 pounds; and

(6) Over 80,000 pounds.

(1) Compressed natural gas;

(2) Diesel;

(3) Electric;

(4) Flexible fuel E85;

(5) Flexible fuel M85;

(6) Hybrid diesel;

(7) Hybrid electric;

(8) Hybrid gasoline/gasohol;

(9) Hydrogen;

(10) Gasoline/gasohol;

(11) Liquefied natural gas; and

(12) Propane.

Beginning not later than December 31, 2019, the Department shall compile all the information available to produce the report required pursuant to subsection 3 every 6 months, and shall transmit the report not later than January 1 and July 1 of each year to:

(a) The Chair of the Assembly Standing Committee on Growth and Infrastructure;

(b) The Chair of the Senate Standing Committee on Growth and Infrastructure; and

(c) The Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission, if the report is received during an odd-numbered year, or to the next session of the Legislature, if the report is received during an even-numbered year.

The Department may apply for and accept gifts, grants and donations to assist with the implementation of the pilot program.
The Department shall not disclose any information provided to the Department pursuant to NRS 482.2177 to an insurer, self-insurer or organization that provides assistance or support to an insurer or self-insurer or its agents, employees or contractors, in connection with activities relating to the rating, underwriting, cancellation or nonrenewal of insurance required by NRS 485.185 .
The Department:

(a) Shall adopt regulations which establish procedures for implementing the pilot program, including, without limitation, those procedures required for:

(1) A person to provide to the Department the mileage shown on the odometer of each vehicle and other information as required by NRS 482.2177 ; and

(2) Any exemptions from the requirements of NRS 482.2177 that the Department deems appropriate to avoid undue hardship for the registered owner of a motor vehicle.

(b) May adopt regulations providing for an administrative fine for failure to comply in a timely manner with the requirements of NRS 482.2177 .

The Department shall investigate and, where possible, implement technology or other solutions which allow a person required to provide to the Department the mileage shown on the odometer of his or her vehicle and other information pursuant to NRS 482.2177 to provide that digitally or electronically to the Department.

(Added to NRS by 2019, 3000 ; A 2021, 1075 )

NRS 482.368

NRS

482.368

Distinguishing plates for exempt vehicles: Issuance and renewal; fees; confidentiality; unlawful use of vehicle; interstate agreements; application; regulations.

Except as otherwise provided in subsection 2, the Department shall provide suitable distinguishing license plates for exempt vehicles. These plates must be displayed on the vehicles in the same manner as provided for privately owned vehicles. The fee for the issuance of the plates is $5. Any license plates authorized by this section must be immediately returned to the Department when the vehicle for which they were issued ceases to be used exclusively for the purpose for which it was exempted from the governmental services tax.
License plates furnished for:

(a) Those vehicles which are maintained for and used by the Governor or under the authority and direction of the Chief Parole and Probation Officer, the State Contractors Board and auditors, the State Fire Marshal, the Investigation Division of the Department of Public Safety and any authorized federal law enforcement agency or law enforcement agency from another state;

(b) One vehicle used by the Department of Corrections, three vehicles used by the Department of Wildlife, two vehicles used by the Caliente Youth Center and four vehicles used by the Nevada Youth Training Center;

(c) Vehicles of a city, county or the State, if authorized by the Department for the purposes of law enforcement or work related thereto;

(d) Two vehicles used by the office of the county coroner of any county which has created that office pursuant to NRS 244.163 ; and

(e) Vehicles maintained for and used for investigations and undercover investigations by investigators of the following:

(1) The Nevada Gaming Control Board;

(2) The State Department of Agriculture;

(3) The Attorney General;

(4) City or county juvenile officers;

(5) District attorneys offices;

(6) Public administrators offices;

(7) Public guardians offices;

(8) Sheriffs offices;

(9) Police departments in the State;

(10) The Securities Division of the Office of the Secretary of State;

(11) The Investigation Division of the Department of Public Safety; and

(12) Any authorized federal law enforcement agency or law enforcement agency from another state,

Ê must not bear any distinguishing mark which would serve to identify the vehicles as owned by the United States, the State of Nevada, any other state or any county or city. The fee to be received by the Department for the initial issuance of these license plates is $12 per plate or, if issued in sets, per set. Such license plates are renewable annually upon the payment of $12.

Except as otherwise provided in NRS 239.0115 , information pertaining to the issuance or renewal of a license plate pursuant to paragraph (e) of subsection 2 is confidential and must be securely maintained by the Department.
It is unlawful for a person to use a vehicle furnished with a license plate pursuant to paragraph (e) of subsection 2 for any purpose other than the investigation or undercover investigation for which it was issued. Any license plate issued pursuant to paragraph (e) of subsection 2 must be returned immediately to the Department when the vehicle for which the license plate was issued ceases to be used for the investigation or undercover investigation for which it was issued.
The Director may enter into agreements with departments of motor vehicles of other states providing for exchanges of license plates of regular series for vehicles maintained for and used by investigators of the law enforcement agencies enumerated in paragraph (e) of subsection 2, subject to all of the requirements imposed by that paragraph, except that the fee required by that paragraph must not be charged.
Applications for the license plates must be made through the head of the agency, division, department, board, bureau, commission, school district or irrigation district, or through the chair of the board of county commissioners of the county or town or through the mayor of the city, owning or controlling the vehicles. No plate or plates may be issued until:

(a) A certificate has been filed with the Department showing that the name of the agency, division, department, board, bureau, commission, county, city, town, school district or irrigation district, as the case may be; and

(b) The words For Official Use Only have been permanently and legibly affixed to each side of the vehicle, except those vehicles enumerated in subsection 2.

The Department shall adopt regulations governing the use of all license plates provided for in this section. Upon a finding by the Department of any violation of its regulations, it may revoke the violators privilege of registering vehicles pursuant to this section.
As used in this section:

(a) Exempt vehicle means a vehicle exempt from the governmental services tax.

(b) Undercover investigation means an investigation that requires the use of a fictitious vehicle registration and license plate.

[Part 6:202:1931; A 1941, 51 ; 1949, 511 ; 1953, 52 ]—(NRS A 1957, 61 , 744 ;

1961, 386 , 630 ;

1963, 693 ; 1967, 166 ; 1969, 130 ; 1973, 85 , 290 ,

1123 ;

1977, 290 ; 1979, 254 , 931 ;

1981, 1529 , 2006 ;

1983, 728 ; 1985, 927 , 1354 ,

1936 ;

1989, 557 , 1961 ;

1991, 2313 ; 1993, 31 , 779 ,

1641 ;

1995, 579 ; 1999, 3625 ; 2001, 314 , 2549 ;

2001 Special Session, 244 ; 2003, 289 , 1565 ;

2009, 958 ; 2021, 689 ; 2023, 1883 )

NRS 482.3961

NRS

482.3961

Nonresident business permit required for vehicle owned by nonresident who allows vehicle to be operated in this State for business purpose; conditions; application; fees; penalties; regulations.

Except as otherwise provided in this section and NRS 482.390 and 706.801 to 706.861 , inclusive, a nonresident who:

(a) Is not a natural person;

(b) Is the owner of a vehicle of a type subject to registration pursuant to the provisions of this chapter; and

(c) Allows that vehicle to be operated in this State by an employee, independent contractor or any other person for the purpose of engaging in the business of the nonresident within this State,

Ê shall, within 10 days after the commencement of such operation, apply for a nonresident business permit for the vehicle.

The Department shall grant an application for the permitting of a vehicle pursuant to subsection 1 if the nonresident owner of the vehicle:

(a) Submits proof that the vehicle has been registered for the current year in the state, country or other place of which the owner is a resident;

(b) Submits proof that the vehicle is currently insured in compliance with the laws of the state, country or other place of which the owner is a resident;

(c) Submits proof that the vehicle has been tested for emissions in compliance with the laws of the state, country or other place of which the owner is a resident or, if the place where the owner is a resident does not require the testing of the emissions of motor vehicles, complies with the provisions of NRS 445B.700 to 445B.815 , inclusive, and the regulations adopted pursuant thereto for the vehicle as if the vehicle were required to comply with those provisions; and

(d) Pays a fee of:

(1) Two hundred dollars for the first vehicle for which the owner obtains a permit pursuant to this section.

(2) One hundred and fifty dollars for each additional vehicle for which the owner obtains a permit pursuant to this section.

The Department shall issue to a nonresident owner who obtains a permit for a vehicle pursuant to this section an indicator for the permitted vehicle that must be displayed on the permitted vehicle when the permitted vehicle is operated in this State. The indicator issued pursuant to this subsection is nontransferable and expires 1 year after the date of issuance.
All fees paid pursuant to subsection 2 must be deposited with the State Treasurer for credit to the State Highway Fund and expended pursuant to subsection 2 of NRS 408.235 .
A person who violates the provisions of this section is guilty of a misdemeanor and shall be punished:

(a) For the first offense, by a fine of not more than $500.

(b) For the second and each subsequent offense, by a fine of not more than $750.

Ê The failure of a person to comply with the provisions of this section for each vehicle to which this section applies constitutes a separate offense.

A vehicle may be cited for a violation of this section regardless of whether it is in operation or is parked on a highway, in a public parking lot or on private property which is open to the public if, after communicating with the owner or operator of the vehicle, the peace officer issuing the citation determines that the vehicle is required to be permitted pursuant to subsection 1. As used in this subsection, peace officer includes a constable.
The Department may adopt such regulations as are necessary to carry out the provisions of this section.
The provisions of this section do not apply with respect to a vehicle that is leased or rented to a lessee by a short-term lessor, as that term is defined in subsection 5 of NRS 482.053 .

(Added to NRS by 2013, 3191 )

NRS 482.4285

NRS

482.4285

Electronic lien system for notification and release of security interests: Duties of Department; qualifications and requirements of contractor; participation of lienholders; electronic lien admissible as evidence of existence of lien; regulations.

The Department shall enter into one or more contracts pursuant to this section to establish, implement and operate, in lieu of the issuance and maintenance of paper documents otherwise required by this chapter, an electronic lien system to process the notification and release of security interests through electronic batch file transfers.
Any contract entered into pursuant to this section must not require the Department to pay any amount to a contractor unless otherwise provided in this section. A contractor must be required to reimburse the Department for any reasonable implementation costs directly incurred by the Department during the establishment and ongoing administration of the electronic lien system. A contract entered into pursuant to this section must include provisions specifically prohibiting a contractor from using information concerning vehicle titles for marketing or solicitation purposes.
The electronic lien system must allow qualified service providers to participate in the system. A lienholder may participate in the system through any qualified service provider approved by the Department for participation in the system.
Service providers may be required to collect fees from lienholders and their agents for the implementation and administration of the electronic lien system. The amount of the fee collected by a service provider and paid to a contractor for the establishment and maintenance of the electronic lien system must not exceed $4 per transaction.
A contractor may also serve as a service provider under such terms and conditions as are established by the Department pursuant to the terms of a contract entered into pursuant to this section and the regulations adopted by the Department. If a contractor will also serve as a service provider:

(a) The Department may perform audits of the contractor at intervals determined by the Department to ensure the contractor is not engaged in predatory pricing. The contractor shall reimburse the Department for the cost of all audits.

(b) The contract between the Department and the contractor entered into pursuant to this section must include an acknowledgment by the contractor that the contractor is required to enter into agreements to exchange electronic lien data with all service providers who offer electronic lien and title services to lienholders doing business in the State of Nevada, have been approved by the Department for participation in the electronic lien system pursuant to this section and elect to use the contractor for access to the electronic lien system. A service provider must not be required to provide confidential or proprietary information to any other service provider.

Except for persons who are not normally engaged in the business or practice of financing vehicles, all lienholders shall use the electronic lien system to process all notifications and releases of security interests through electronic batch file transfers.
For the purposes of this chapter, any requirement that a lien or other information appear on a certificate of title is satisfied by the inclusion of that information in an electronic file maintained in an electronic lien system. The satisfaction of a lien may be electronically transmitted to the Department. A certificate of title is not required to be issued until the lien is satisfied or the certificate of title is otherwise required to meet the requirements of any legal proceeding or other provision of law. If a vehicle is subject to an electronic lien, the certificate of title shall be deemed to be physically held by the lienholder for the purposes of state or federal law concerning odometer readings and disclosures.
A certified copy of the Departments electronic record of a lien is admissible in any civil, criminal or administrative proceeding in this State as evidence of the existence of the lien. If a certificate of title is maintained electronically in the electronic lien system, a certified copy of the Departments electronic record of the certificate of title is admissible in any civil, criminal or administrative proceeding in this State as evidence of the existence and contents of the certificate of title.
The Director may adopt such regulations as are necessary to carry out the provisions of this section, including, without limitation:

(a) The amount of the fee a service provider is required to charge pursuant to subsection 4 and pay to a contractor for the establishment and maintenance of the electronic lien system.

(b) The qualifications of service providers for participation in the electronic lien system.

(c) The qualifications for a contractor to enter into a contract with the Department to establish, implement and operate the electronic lien system.

(d) Program specifications that a contractor must adhere to in establishing, implementing and operating the electronic lien system.

(e) Additional requirements for and restrictions upon a contractor who will also serve as a service provider.

As used in this section:

(a) Contractor means a person who, pursuant to this section, enters into a contract with the Department to establish, implement and operate the electronic lien system.

(b) Electronic lien system means a system to process the notification and release of security interests through electronic batch file transfers that is established and implemented pursuant to this section.

(c) Service provider means a person who, pursuant to this section, provides lienholders with software to manage electronic lien and title data.

(Added to NRS by 2013, 2825 ; A 2017, 2752 )

NRS 489.287

NRS

489.287

Enforcement of regulations; inspections.

Except as otherwise provided in subsection 2, a city or county building department may, with the written approval of the Division, enforce all regulations adopted pursuant to this chapter and make all inspections within its jurisdiction required by those regulations regarding the installation and tie down of manufactured homes, mobile homes or commercial coaches. Those inspections must be conducted in compliance with the provisions of this chapter and the regulations adopted pursuant to this chapter.
If a city or county building department fails to enforce the regulations adopted pursuant to this chapter or make the inspections required by subsection 1, the Division shall enforce those regulations and make the inspections in that jurisdiction, and may, at no cost to the local governing body, engage an independent contractor to perform any inspection.

(Added to NRS by 1993, 1185 ; A 2005, 808 )

NRS 489.323

NRS

489.323

Proof of completion of continuing education required for renewal of license of dealer, distributor, general serviceperson, specialty serviceperson, responsible managing employee or salesperson; waiver.

Except as otherwise provided in subsection 2, if a licensee is a dealer, distributor, general serviceperson, specialty serviceperson, responsible managing employee or salesperson, the Division shall not renew a license issued to that licensee until the licensee has submitted proof satisfactory to the Division that the licensee has, during the 2-year period immediately preceding the renewal of the license, completed at least 8 hours of continuing education approved by the Division pursuant to NRS 489.285 .
The Administrator may waive the requirement for continuing education set forth in subsection 1 for a licensee who is a specialty serviceperson if:

(a) The licensee holds a license issued by the State Contractors Board; and

(b) The Administrator determines that, based upon the license described in paragraph (a) and the services provided by the licensee, it is in the best interest of this State for the Administrator to waive the requirement for continuing education for the licensee.

(Added to NRS by 1997, 2987 ; A 2001, 487 ; 2005, 1631 ; 2009, 1909 ; 2013, 45 )

NRS 489.325

NRS

489.325

Regulations providing for licensing of specialty servicepersons.

The Administrator may adopt regulations which provide for the licensing of specialty servicepersons. A person licensed as a specialty serviceperson pursuant to this section must be limited in the scope of the work he or she may perform to installation or repair in one of the following categories:

(a) Awnings, roofing or skirting;

(b) Plumbing;

(d) Electrical systems; or

(e) Any other category that may be similarly licensed by the State Contractors Board.

The Administrator shall provide in those regulations for:

(a) The imposition of reasonable fees for application, examination and licensure.

(b) The creation and administration of a written or oral examination for each category of limited licensure.

(c) Minimum qualifications for such a license, including, without limitation, the passage of any applicable examination required pursuant to subsection 1 of NRS 489.351 , unless waived pursuant to subsection 2 of NRS 489.351 .

A person who is licensed as a specialty serviceperson shall comply with each statute and regulation which applies to general servicepersons, including, without limitation, the payment of a fee required pursuant to subparagraph 1 of paragraph (c) of subsection 2 of NRS 489.4971 .

(Added to NRS by 1993, 827 ; A 1999, 861 ; 2003, 587 ; 2005, 1631 ; 2007, 383 )

NRS 489.436

NRS

489.436

Bidding, contracting or otherwise acting in capacity of licensee without having license: Cease and desist order; injunction; fine.

The Administrator or a designee of the Administrator shall issue an order to cease and desist to any person or combination of persons who:

(a) Engages in the business or acts in the capacity of a licensee within this State, including, without limitation, commencing any work for which a license is required pursuant to this chapter; or

(b) Submits a bid or enters into a contract for a job located within this State for which a license is required pursuant to this chapter,

Ê without having a license issued pursuant to this chapter, unless that person or combination of persons is exempt from licensure pursuant to this chapter. The order must be served personally or by certified mail and is effective upon receipt.

If it appears that any person or combination of persons has engaged in acts or practices which constitute a violation of this chapter or the violation of an order issued pursuant to subsection 1, the Administrator may request the Attorney General, the district attorney of the county in which the alleged violation occurred or the district attorney of any other county in which that person or combination of persons maintains a place of business or resides, to apply on behalf of the Administrator to the district court for an injunction restraining the person or combination of persons from acting in violation of this chapter. Upon a proper showing, a temporary restraining order, a preliminary injunction or a permanent injunction may be granted. The Administrator, as plaintiff in the action, is not required to prove any irreparable injury.
In seeking injunctive relief against any person or combination of persons for an alleged violation of this chapter, it is sufficient to allege that the person or combination of persons, upon a certain day and in a certain county of this State:

(a) Engaged in the business or acted in the capacity of a licensee within this State; or

(b) Submitted a bid or entered into a contract for a job located within this State for which a license is required pursuant to this chapter,

Ê and the person or combination of persons did not have a license issued pursuant to this chapter and was not exempt from licensure pursuant to this chapter, without alleging any further or more particular facts concerning the matter.

The issuance of a restraining order or an injunction does not relieve the person or combination of persons against whom the restraining order or injunction is issued from criminal prosecution for practicing without a license.
If the court finds that any person or combination of persons has willfully violated an order issued pursuant to subsection 1, it shall impose a fine of not less than $250 nor more than $1,000 for each violation of the order.

(Added to NRS by 2005, 1626 )

NRS 489.806

NRS

489.806

Bidding, contracting or otherwise acting in capacity of licensee without having license: Prohibition; prosecution; payment of costs and damages; violative bids and contracts deemed void.

It is unlawful for any person or combination of persons to:

(a) Engage in the business or act in the capacity of a licensee within this State, including, without limitation, commencing any work for which a license is required pursuant to this chapter; or

(b) Submit a bid or enter into a contract for a job located within this State for which a license is required pursuant to this chapter,

Ê without having a license issued pursuant to this chapter, unless that person or combination of persons is exempt from licensure pursuant to this chapter.

The district attorneys in this State shall prosecute all violations of this section which occur in their respective counties, unless the violations are prosecuted by the Attorney General. Upon the request of the Administrator, the Attorney General shall prosecute any violation of this section in lieu of prosecution by the district attorney.
In addition to any other remedy or penalty authorized pursuant to this chapter, any person or combination of persons convicted of violating any provision of subsection 1 may be required to pay:

(a) Court costs and the costs of prosecution;

(b) Reasonable costs of the investigation of the violation to the Division;

(c) Damages the person or combination of persons caused as a result of the violation up to the amount of any pecuniary gain from the violation; or

(d) Any combination of paragraphs (a), (b) and (c).

If any person or combination of persons submits a bid or enters into a contract in violation of subsection 1, the bid or contract shall be deemed void.

(Added to NRS by 2005, 1627 )

NRS 501.3585

NRS

501.3585

Wildlife Trust Fund.

The Department shall establish the Wildlife Trust Fund. The Department may accept any gift, donation, bequest or devise from any private source for deposit in the Wildlife Trust Fund. All money must be accounted for in the Wildlife Trust Fund.
As soon as practicable after receiving any gift, donation, bequest or devise for an unanticipated emergency event from any private source pursuant to subsection 1 that is exempt from the provisions of NRS 353.335 pursuant to paragraph (e) of subsection 6 of NRS 353.335 , the Director or the Directors designee shall submit to the Commission and the Interim Finance Committee a report which states:

(a) The unanticipated emergency event for which the gift, donation, bequest or devise was received;

(b) The amount of the gift, donation, bequest or devise;

(d) The private source from which the gift, donation, bequest or devise was received.

All of the money in the Wildlife Trust Fund must be deposited in a financial institution to draw interest or to be expended, invested and reinvested pursuant to the specific instructions of the donor, or if no such specific instructions exist, in the sound discretion of the Director. The provisions of NRS 356.011

apply to any accounts in financial institutions maintained pursuant to this section.

The money in the Wildlife Trust Fund must be budgeted and expended, within any limitations which may have been specified by particular donors, at the discretion of the Director. The Director may authorize independent contractors that may be funded in whole or in part from the money in the Wildlife Trust Fund.
The Director or the Directors designee shall annually post on the Internet website maintained by the Department a statement setting forth the investment and expenditure of the money in the Wildlife Trust Fund.
A separate statement concerning the anticipated amount and proposed expenditures of the money in the Wildlife Trust Fund must be submitted to the Director of the Office of Finance for his or her information at the same time and for the same fiscal years as the requested budget of the Department submitted to the Chief of the Budget Division of the Office of Finance pursuant to NRS 353.210 . The statement must be attached to the requested budget for the Department when the requested budget is submitted to the Fiscal Analysis Division of the Legislative Counsel Bureau pursuant to NRS 353.211 .
The provisions of chapter 333 of NRS do not apply to the expenditure of money in the Wildlife Trust Fund.
As used in this section, unanticipated emergency event means:

(a) The unanticipated spread of a communicable disease among wildlife in this State;

(b) Drought conditions in this State that the Department determines to be extreme;

(d) Any other similar unanticipated event that puts wildlife, wildlife habitat or human life at risk.

(Added to NRS by 2011, 3146 ; A 2017, 715 ; 2021, 1756 )

NRS 512.007

NRS

512.007

Operator defined.

Operator means any person or organization operating, controlling or supervising a mine and owning the right to do so, and includes any individual, owner, lessor, lessee, agent, manager, worker, contractor, subcontractor, independent contractor, partnership, association or corporation or subsidiary of a corporation charged with the responsibility for the operation of such mine.

(Added to NRS by 1975, 515 )

NRS 517.230

NRS

517.230

Affidavit of work performed or improvements made; affidavit of owner or claimant; evidentiary effect of affidavits.

On or before November 1 of the year for which labor is performed or improvements are made as required by law for a mining claim annually, the person in whose behalf the labor was performed or improvements made, or someone in the persons behalf, shall make and have recorded by the county recorder, in books kept for that purpose in the county in which the mining claim is situated, an affidavit setting forth:

(a) The amount of money expended, or value of labor or improvements made, or both.

(b) The character of expenditures or labor or improvements.

(d) The year for which the expenditures or labor or improvements were made and the dates on which they were made.

(e) The name of the owner or claimant of the claim at whose expense the improvements or labor was made or performed.

(f) The names of the persons, corporations, contractors or subcontractors who performed the work or made the improvements.

An affidavit made and recorded pursuant to subsection 1 or a copy thereof, certified by the county recorder, is prima facie evidence of the performance of the labor or the making of the improvements, or both.
On or before November 1 of each year that the performance of labor or the making of improvements is not required by law for a mining claim, the owner or claimant of the mining claim who intends to hold the claim, or someone in the owner or claimants behalf, shall make and have recorded by the county recorder, in books kept for that purpose in the county in which the mining claim is situated, an affidavit setting forth:

(a) The name and address of the owner or claimant of the mining claim.

(b) The name of the mining claim, and the serial number, if any, assigned to the claim by the United States Bureau of Land Management.

(d) A statement that the owner or claimant of the mining claim intends to hold the claim.

An affidavit made and recorded pursuant to subsection 3 or a copy thereof, certified by the county recorder, is prima facie evidence that the owner or claimant of the mining claim intended to hold the claim from 12 p.m. on September 1 of the year before the affidavit was made and recorded, until 11:59 a.m. on September 1 of the year that the affidavit was made and recorded.

[10:89:1897; C § 217; RL § 2431; NCL § 4129]—(NRS A 1960, 319 ; 1961, 422 ; 1969, 1003 ; 1971, 2202 ; 1985, 1502 ; 1993, 299 )

NRS 534.140

NRS

534.140

Well drillers: Annual licenses; fees; continuing education; regulations for well drilling; licensing by State Contractors Board.

Every well driller, before engaging in the physical drilling of a well in this State for development of water, must annually apply to the State Engineer for a license to drill.
The applications for those licenses and all licenses issued for the drilling of wells must be in the form prescribed by the State Engineer.
All well-drilling licenses expire on June 30 following their issuance and are not transferable.
A fee of $100 must accompany each application for a license and a fee of $50 must be paid each year for renewal of the license.
Those license fees must be accounted for in the State Engineers Water License Account and used to pay costs pertaining to licensing, the adoption and enforcement of regulations for well drilling and the compensation of the members of the Well Drillers Advisory Board and their expenses.
The State Engineer, after consulting with the Well Drillers Advisory Board, shall adopt regulations relating to continuing education for well drillers.
The State Engineer shall prepare and keep on file in the Office of the State Engineer regulations for well drilling.
Before engaging in the physical drilling of a well in this State for the development of water, every well driller who is the owner of a well-drilling rig, or who has a well-drilling rig under lease or rental, or who has a contract to purchase a well-drilling rig, must obtain a license as a well driller from the State Contractors Board.

[Part 7a:178:1939; added 1947, 52 ; A 1955, 328 ]—(NRS A 1957, 719 ; 1963, 797 ; 1979, 115 ; 1983, 407 ; 1991, 63 , 1785 ;

2005, 456 )

NRS 538.226

NRS

538.226

Water administrative and operating budget: Preparation and approval; contents; authorization; administration.

The Commission shall prepare and approve a water administrative and operating budget. The budget must include all costs and expenses incurred by the Commission in performing its functions and duties relating to water, except:

(a) The costs and expenses related to any financial obligations or other obligations assumed by the Commission pursuant to any agreement described in paragraph (a) or (b) of subsection 6 of NRS 538.161 .

(b) The costs for any services of an independent contractor related to a specific opportunity to negotiate and enter into an agreement to acquire any interest in supplemental water from one or more particular sources, to the extent all those costs for those opportunities during the period covered by the budget exceed $200,000. This amount may be decreased or increased as indicated by engineering cost indexes or other cost indexes which are applicable to the services used by the Commission.

(c) The costs for any services of an independent contractor or costs contributed by the Commission for any services of a governmental agency or its independent contractor, other than the Commission, for studies or the implementation of projects relating to water quality, evaluation or enhancement of ecological habitat or weather modification, to the extent that all those costs for those studies or projects during the period covered by the budget exceed $250,000. This amount may be decreased or increased as indicated by engineering cost indexes or other cost indexes which are applicable to the services used by the Commission.

(d) Costs which are capitalized in accordance with generally accepted accounting principles, except costs for office space and equipment required for the principal place of business of the Commission.

(e) Costs for the operation of any facility which belongs to the Commission, except the principal place of business of the Commission.

The water administrative and operating budget, and any changes to the budget, must be submitted for authorization in the manner prescribed by the State Budget Act. If the budget is authorized, the budget is payable by, and becomes a liability of, each water purveyor in the amount, if any, to which the budget is allocated to that water purveyor pursuant to subsection 3.
The Commission shall allocate the entire amount of each water administrative and operating budget, minus the portion of that amount which represents the net revenues which the Commission estimates it will receive pursuant to its contracts from the sale of water during the period covered by the budget, among those water purveyors which the Commission determines will directly and substantially benefit from the Commissions activities which are related to water during that period. In determining the allocation, the Commission shall consider appropriate factors relevant to those benefits. If a water purveyor ceases to exist during the period covered by the budget, the Commission shall amend and reallocate the budget as necessary.
In each fiscal year covered by the water administrative and operating budget, each water purveyor to which the Commission has allocated an amount of the budget pursuant to subsection 3 shall pay to the Commission quarterly a portion of the water purveyors total liability for that fiscal year as billed by the Commission. At least 60 days before the first day of the quarter for which the bill is prepared, the Commission shall submit to each water purveyor a bill for its portion of the total amount of the budget due for that quarter. Each water purveyor shall pay its bill within 30 days after the bill is submitted by the Commission.
Except as otherwise provided in this subsection, the Commission shall apply, within 120 days after the end of the fiscal year, any unexpended balance in the budget at the close of the fiscal year as a credit to that amount allocated among the water purveyors pursuant to subsection 3 for the next fiscal year. The Commission shall apply that credit to the next quarterly payments remaining due from each water purveyor, unless the Commission determines it is appropriate to refund the unexpended balance.
If in any fiscal year the money payable by a water purveyor pursuant to subsection 4 is not received by the Commission when due, that money also becomes the several liability of all public entities who:

(a) Purvey water; and

(b) On the date the budget was approved by the Commission, were members of the water purveyor liable for that money,

Ê in proportion to their liability for the budget of the water purveyor effective on the date the budget was approved by the Commission.

(Added to NRS by 1995, 968 )

NRS 539.734

NRS

539.734

Inclusion within district of state lands and state lands held under contract to purchase.

Whenever state lands held under contract to purchase are included within the boundaries of any irrigation district, such lands shall be subject to all the provisions of this chapter the same as any other land held in private ownership.
State lands, not under contract to purchase, shall not become a part of an irrigation district except by the consent of the State Land Registrar, who is authorized and required to consent thereto on behalf of the State upon there being filed in his or her office a certificate signed by the State Engineer to the effect that such lands will be benefited by inclusion therein.
District assessments, charges and tolls against such lands not under contract shall become a charge against the lands, and any sale or contract to sell any such lands thereafter shall be conditioned upon the payment, by the purchaser or contractor, of all such accrued charges in addition to the purchase price of the land.
In case of state land held under contract, the person holding such contract shall be deemed the owner of the land for the purposes of this chapter, and liens shall attach to his or her rights under such contract, and such liens shall be enforced as in other cases, subject to the paramount title of the State, and subject to the rights of a purchaser at a sale for delinquent assessments to be subrogated to the rights of such contract holder to acquire patent to such land from the State.

(Added to NRS by 1967, 1616 )

NRS 541.020

NRS

541.020

Definitions.

As used in this chapter, unless the context otherwise requires:

Board means the board of directors of the district.
Court means the district court of that judicial district of the State of Nevada wherein the petition for the organization of a water conservancy district must be filed.
Land or real estate means real estate as the words real estate are defined by the laws of the State of Nevada, and includes all railroads, highways, roads, streets, street improvements, telephone, telegraph and transmission lines, gas, sewer and water systems, water rights, pipelines and rights-of-way of public service corporations, and all other real property whether held for public or private use.
Property means real estate and personal property.
Publication, when no manner is specified therefor, means once a week for 3 consecutive weeks in at least one newspaper of general circulation in each county wherein the publication is to be made. It is not necessary that publication be made on the same day of the week in each of the 3 weeks, but not less than 14 days, excluding the day of the first publication, must intervene between the first publication and the last publication, and publication is complete on the date of the last publication.
Public corporation means counties, cities and counties, towns, cities, school districts, irrigation districts, water districts, and all governmental agencies clothed with the power of levying or providing for the levy of general or special taxes or special assessments.
Section means a section of this chapter unless some other statute is expressly mentioned.
Subcontracting agency means a public service, public, private or other corporation, or other entity which contracts with the district for the purchase, transfer or acquisition from it of water, drainage or electric power.
Water conservancy districts means the districts created under the provisions of this chapter.
Works means drains, channels, trenches, watercourses and other surface and subsurface conduits to effect drainage, dams, storage reservoirs, compensatory and replacement reservoirs, canals, conduits, pipelines, drains, tunnels, power plants and any and all works, facilities, improvements and property necessary or convenient for the supplying of water for domestic, irrigation, power, milling, manufacturing, mining, metallurgical, and any and all other beneficial uses, and for otherwise accomplishing the purposes of this chapter. The term includes studies of the feasibility and advisability of constructing dams for storage of water in the upstream portions of watersheds.

[2:380:1955]—(NRS A 1959, 373 ; 1985, 523 ; 1989, 1401 )

NRS 541.050

NRS

541.050

Establishment of district: Requirements; filing of petitions; contents; effect of defects; amendments and corrections.

Before any water conservancy district is established under this chapter, a petition must be filed in the office of the clerk of the court vested with jurisdiction, in the county in which all or the greatest part of the lands embraced within the proposed water conservancy district are situated. The petition must be approved by the board of county commissioners of each county in which the district is situated. The petition must be filed by the board of county commissioners for the county in which the petition is filed, who must be designated as petitioners, and must set forth:

(a) The proposed name of the district.

(b) That the property within the proposed district will be benefited by the accomplishment of the purposes enumerated in NRS 541.030 .

(c) A general description of the purpose of the contemplated improvement and of the territory to be included in the proposed district. The description need not be given by metes and bounds or by legal subdivisions, but must be sufficient to enable a property owner to ascertain whether his or her property is within the territory proposed to be organized as a district. The territory need not be contiguous, provided it is so situated that the organization of a single district of the territory described is calculated to promote one or more of the purposes enumerated in NRS 541.030 .

(d) A general designation of the divisions of the district, any one or more of which may, if so provided in the petition, be constituted of an existing irrigation or other district organized under the laws of the State of Nevada or of an incorporated city or combination of incorporated cities, within the water conservancy district.

(e) The name of the principal subcontracting agency or agencies with which it is proposed the water conservancy district will enter into a contract or contracts.

(f) The number of directors of the proposed district which may, in addition to one director for each division thereof, include as director a representative of the proposed principal subcontracting agency named in the petition, or, if more than one such agency is named in the petition, then one representative of each principal subcontracting agency named therein. If the district includes land within more than one county, each county must have at least one representative on the board of directors.

(g) A prayer for the organization of the district by the name proposed.

No petition that has been approved by the required boards of county commissioners may be declared void on account of alleged defects, but the court may at any time permit the petition to be amended to conform to the facts by correcting any errors in the description of the territory, or in any other particular.

[5:380:1955]—(NRS A 1963, 766 ; 1983, 146 ; 1987, 1725 ; 1989, 1402 )

NRS 541.100

NRS

541.100

Board of directors: Appointment; qualifications; terms; filling of vacancies; meetings and reports.

Within 60 days after the entry of the decree incorporating the district, the Governor shall appoint a board of directors therefor in accordance with the petition. If the district includes land within more than one county, the representative or representatives of each county must be appointed from a list of two or more nominees submitted by the board of county commissioners of the represented county. No person may be disqualified to act as a director because that person is an officer, employee or stockholder of, or owner of land within, any irrigation or other district constituting a division, or part of a division, or subcontracting agency of the district, nor may any director for that reason be disqualified to vote or act upon any matter involving such irrigation or other district or subcontracting agency.
The Governor shall fix the terms of office so that not less than three of the directors first appointed after organization of the district shall serve until the end of the calendar year next succeeding their appointment, and the remaining directors first appointed shall serve until the expiration of 3 years after the end of the calendar year in which they were appointed. All succeeding terms of office must be for 4 years. Upon the expiration of the term of office of any director, the Governor shall, upon the recommendation of the district or incorporated city, or combination of incorporated cities, or subcontracting agency, as the case may be, from which the director was appointed, appoint a successor to the director to hold office for 4 years. If the district includes land within more than one county, the representative or representatives of each county must be appointed from a list of two or more nominees submitted by the board of county commissioners of the represented county.
All vacancies in the office of director must be filled in the manner provided in subsection 2. Each director shall hold office during the term for which he or she is appointed and until a successor is appointed and has qualified.
An annual meeting of the board of directors must be held on a date to be fixed by the board and, in addition thereto, the board shall hold meetings at least quarterly on dates to be fixed in the bylaws of the district. A report of the business transacted during the preceding year by the district, including a financial report prepared by qualified public accountants, must be filed with the board of county commissioners of each county in which the district is situated on or before the date of the annual meeting.

[10:380:1955]—(NRS A 1959, 376 ; 1987, 1727 ; 1989, 1406 )

NRS 541.207

NRS

541.207

Board or subcontracting agency not required to furnish water for artificially created lake or stream if restricted or prohibited by ordinances; exceptions.

In any county whose population is 700,000 or more:

Except as otherwise provided in subsection 2, nothing in this chapter requires the board or a subcontracting agency to furnish water for the purpose of filling or maintaining an artificially created lake or stream where that use of water is prohibited or restricted by ordinance of:

(a) The county, if the lake or stream is located within the unincorporated areas of the county; or

(b) A city, if the lake or stream is located within the boundaries of the city.

The provisions of subsection 1 and of any ordinance referred to in subsection 1 do not apply to:

(a) Water stored in an artificially created reservoir for use in flood control, in meeting peak water demands or for purposes relating to the treatment of sewage;

(b) Water used in a mining reclamation project; or

(c) A body of water located in a recreational facility that is open to the public and owned or operated by the United States or the State of Nevada.

(Added to NRS by 1989, 1445 ; A 2011, 1295 )

NRS 543.480

NRS

543.480

Contracts; improvements made by district.

Except as otherwise provided in NRS 543.170 to 543.830 , inclusive, the board may enter into contracts and agreements affecting the affairs of the district, including but not limited to contracts with the United States of America and any of its agencies or instrumentalities and contracts with any municipality or district for the operation of a common or jointly owned project.
Any improvement of any nature made in any district, except such work done by employees of the district with supplies and materials purchased by it as provided in subsection 3, or except by labor or supplies and materials, or all of such, supplied under agreement with the United States of America, the State of Nevada, or any federal or state agency, instrumentality or corporation, or other political subdivision, must be done only under independent contract to be entered into by the district in the manner prescribed by chapter 332 of NRS. Upon default in the performance of any contract, the proper official may advertise and relet the remainder of the work without further resolution and deduct the cost from the original contract price and recover any excess cost by suit on the performance bond, or otherwise.
The board may make any improvement, or portion thereof, in any district, directly by the officers, agents and employees of the district, with supplies and materials purchased or otherwise acquired therefor. All supplies and materials purchased by the board for any district except by a contractor must be purchased in the manner prescribed by chapter 332 of NRS.

(Added to NRS by 1961, 434 ; A 1963, 169 ; 1967, 1242 ; 1987, 723 )

NRS 543.545

NRS

543.545

Exemption from requirements of public bidding for construction of certain flood control facilities; payment of prevailing wage required.

Except as otherwise provided in this section, the provisions of any law requiring public bidding or otherwise imposing requirements on any public contract, project, works or improvements, including, without limitation, the provisions of chapters 332 , 338 and 339

of NRS, do not apply to any contract entered into by a flood control district for the construction of a flood control facility pursuant to the master plan, if a majority of the construction costs are paid by a private developer and the written agreement:

(a) Complies with the requirements of subsection 1 of NRS 543.360 ;

(b) Clearly sets forth the computation of the construction costs, and includes the terms and conditions of the contract; and

(c) Contains a provision stating that the requirements of NRS 338.013 to 338.090 , inclusive, apply to any construction work performed pursuant to the contract.

The board, the developer, any contractor who is awarded a contract or enters into an agreement to perform the construction work, and any subcontractor who performs any portion of the construction work shall comply with the provisions of NRS 338.013 to 338.090 , inclusive, in the same manner as if the board had undertaken the construction work or had awarded the contract.

(Added to NRS by 1989, 1523 ; A 2019, 717 )

NRS 544.080

NRS

544.080

Powers of the Director of the State Department of Conservation and Natural Resources.

In the performance of his or her functions the Director may, in addition to any other acts authorized by law:

Establish advisory committees to advise with and make recommendations to the Director concerning legislation, policies, administration, research and other matters.
Establish by regulation or order such standards and instructions to govern the carrying out of research or projects in weather modification and control as the Director may deem necessary or desirable to minimize danger to health or property, and make such regulations as are necessary in the performance of his or her powers and duties.
Make such studies, investigations, obtain such information and hold such hearings as the Director may deem necessary or proper to assist the Director in exercising his or her authority or in the administration or enforcement of NRS 544.070 to 544.240 , inclusive, or any regulations or orders issued thereunder.
Appoint and fix the compensation of such personnel, without compliance with the provisions of chapter 284 of NRS, including specialists and consultants, as are necessary to perform the duties and functions of the Director.
Acquire, in the manner provided by law, such materials, equipment and facilities as are necessary to perform the duties and functions of the Director.
Cooperate with public or private agencies in the performance of the functions or duties of the Director and in furtherance of the purposes of NRS 544.070

to 544.240 , inclusive.

Represent the State in any and all matters pertaining to plans, procedures or negotiations for interstate compacts relating to weather modification and control.
With approval of the Governor, enter into cooperative agreements with the various counties and cities of this State or with any private or public agencies for conducting weather modification or cloud seeding operations.
Act for and represent the State and the counties, cities and private or public agencies in contracting with private concerns for the performance of weather modifications or cloud seeding operations.

(Added to NRS by 1961, 692 )

NRS 555.23525

NRS

555.23525

Dealer of nursery stock defined.

Dealer of nursery stock means a person who produces, holds, distributes, collects or sells nursery stock, including, without limitation, a retail business, wholesale grower, landscape contractor, landscape maintenance business, broker and peddler.

(Added to NRS by 2003, 532 )

NRS 587.863

NRS

587.863

Applicability.

The provisions of NRS 587.841 to 587.899 , inclusive, do not apply to customer-formula feed, or a manufacturer, distributor or guarantor thereof, or a contract feeder.
As used in this section:

(a) Contract feeder means a person who as an independent contractor feeds commercial feed to animals pursuant to a contract whereby the commercial feed is supplied, furnished or otherwise provided to the person and whereby the persons remuneration is determined in whole or in part by feed consumption, mortality, profits or the amount or quality of the product.

(b) Customer-formula feed means commercial feed which consists of a mixture of commercial feeds or ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser.

(Added to NRS by 2015, 2468 )

NRS 590.505

NRS

590.505

Board for Regulation of Liquefied Petroleum Gas: Seal; Executive Secretary and other personnel; policies and regulations; records.

The Board may adopt a seal for its own use which must have imprinted thereon the words Board for the Regulation of Liquefied Petroleum Gas. The care and custody of the seal is the responsibility of the Secretary-Treasurer of the Board.
The Board may appoint an Executive Secretary and may employ or, pursuant to NRS 333.700 , contract with such other technical, clerical or investigative personnel as it deems necessary. The Board shall fix the compensation of the Executive Secretary and all other employees and independent contractors. Such compensation must be paid out of the money of the Board. The Board may require the Executive Secretary and any other employees and independent contractors to give a bond to the Board for the faithful performance of their duties, the premiums on the bond being paid out of the money of the Board.
In carrying out the provisions of NRS 590.465 to 590.645 , inclusive, and holding its regular or special meetings, the Board:

(a) Shall adopt written policies setting forth procedures and methods of operation for the Board.

(b) May adopt such regulations as it deems necessary.

The Board shall keep accurate records, minutes and audio recordings or transcripts of all meetings and, except as otherwise provided in NRS 241.035 , the records, minutes, audio recordings and transcripts so kept must be open to public inspection at all reasonable times. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035 . The Board shall also keep a record of all applications for licenses and licenses issued by it. The record of applications and licenses is a public record.

(Added to NRS by 1957, 477 ; A 1971, 211 ; 1981, 92 ; 1983, 1233 ; 1985, 800 ; 1987, 1539 ; 1989, 1838 ; 1991, 387 ; 2005, 1416 ; 2009, 2233 ; 2013, 333 ; 2015, 2775 )

NRS 598.9682

NRS

598.9682

Provider defined.

Provider means:

A telecommunication provider as defined in NRS 704.027 ;
An agent, employee, independent contractor or representative of such a telecommunication provider; or
A person who originates a charge for a telecommunication service and directly or indirectly bills a customer for the charge.

(Added to NRS by 1999, 2715 ; A 2007, 717 )

NRS 598.969

NRS

598.969

Prohibited acts: Changing a customers carrier without timely authorization; failure to provide timely written notices and confirmations; engaging in other fraudulent or deceptive acts; proposing contract to waive or authorize violations of the protections of this section.

A provider shall not:

Make a statement or representation regarding the provision of a telecommunication service, including, without limitation, a statement regarding the rates, terms or conditions of a telecommunication service, that:

(a) Is false, misleading or deceptive; or

(b) Fails to include material information which makes the statement or representation false, misleading or deceptive.

Misrepresent his or her identity.
Falsely state to a person that the person has subscribed or authorized a subscription to or has received a telecommunication service.
Omit, when explaining the terms and conditions of a subscription to a telecommunication service, a material fact concerning the subscription.
Fail to provide a customer with timely written notice containing:

(a) A clear and detailed description relating directly to the services for which the customer is being billed and the amount the customer is being charged for each service;

(b) All terms and conditions relating directly to the services provided; and

Fail to honor, within a reasonable period, a request of a customer to cancel a telecommunication service pursuant to the terms and conditions for the service.
Bill a customer for a telecommunication service after the customer has cancelled the telecommunication service pursuant to the terms and conditions of the service.
Bill a customer for services that the provider knows the customer has not authorized, unless the service is required to be provided by law. The failure of a customer to refuse a proposal from a provider does not constitute specific authorization.
Change a customers subscription to a local exchange carrier or an interexchange carrier unless:

(a) The customer has authorized the change within the 30 days immediately preceding the date of the change; and

(b) The provider complies with the provisions of 47 U.S.C. § 258, as amended, and the verification procedures set forth in 47 C.F.R. part 64, subpart K, as amended.

Fail to provide to a customer who has authorized the provider to change his or her subscription to a local exchange carrier or an interexchange carrier a written confirmation of the change within 30 days after the date of the change.
Propose or enter into a contract with a person that purports to:

(a) Waive the protection afforded to the person by any provision of this section; or

(b) Authorize the provider or an agent, employee, independent contractor or representative of the provider to violate any provision of this section.

(Added to NRS by 1999, 2715 ; A 2007, 717 )

NRS 598.9809

NRS

598.9809

Agreement for lease of distributed generation system: Cover page.

An agreement for the lease of a distributed generation system must include a cover page that:

Prominently displays the following information at the top of the cover page in at least 16-point font:

(a) Notice of the right to rescind or cancel the agreement, without any penalty or obligation, within 3 business days after the execution of the agreement, as provided in NRS 598.98216 .

(b) An electronic mail address to which a notice of rescission or cancellation may be sent pursuant to NRS 598.98216 and notice that the lessee may send such a notice to that electronic mail address.

(d) Notice that, before the installation of the distributed generation system, the lessee will have the opportunity to confirm that no representations, offers or promises were made at any time concerning the lease of the distributed generation system other than what is contained in the agreement.

Provides the following information in at least 10-point font:

(a) The amounts due at the signing for and at the completion of the installation or any inspection of the distributed generation system.

(b) An estimated timeline for the installation of the distributed generation system.

(c) The estimated amount of the monthly payments due under the lease in the first year of operation of the distributed generation system.

(d) The length of the term of the lease.

(e) A description of any warranties.

(f) The rate of any payment increases.

(g) The identification of any state or federal tax incentives that are included in calculating the amount of the monthly payments due under the lease.

(h) The estimated production of the distributed generation system in the first year of operation and an explanation that:

(1) The lessee will always receive a power bill if the premises of the lessee are connected to the power grid;

(2) The estimated production or offset is based on available data on prior consumption; and

(3) Any change in consumption by the lessee will impact the estimated offset, or savings, in relation to the production.

(i) A description of the terms for renewal or any other options available at the end of the term of the lease.

(j) A description of any option to purchase the distributed generation system before the end of the term of the lease.

(k) Notice of the existence of the Recovery Fund administered by the State Contractors Board pursuant to NRS 624.470 .

(l) Notice that a person financially damaged by a licensed contractor who performs work on a residence may be eligible to recover certain financial damages from the Recovery Fund.

(m) Notice that a host customer may file a complaint with the Public Utilities Commission of Nevada.

(n) Contact information for the State Contractors Board and the Public Utilities Commission of Nevada, including, without limitation, a telephone number.

(o) Notice that the lessee, before the execution of the agreement, may request any document used in the solicitation, offer or transaction for the agreement in any language.

(Added to NRS by 2017, 4268 ; A 2023, 1119 )

NRS 598.9811

NRS

598.9811

Agreement for lease of distributed generation system: Contents.

An agreement for the lease of a distributed generation system must include, without limitation, the following information in at least 10-point font:

The name, mailing address, telephone number and number of the contractors license of the solar installation company.
The name, mailing address and telephone number of:

(a) The lessor of the distributed generation system; and

(b) The name, mailing address and telephone number of the person responsible for all maintenance of the distributed generation system, if different from the solar installation company.

An estimated timeline for the installation of the distributed generation system.
The length of the term of the lease.
A general description of the distributed generation system.
The amounts due at the signing for and at the completion of the installation or any inspection of the distributed generation system.
A description of any warranties.
The amount of the:

(a) Monthly payments due under the lease; and

(b) Total payments due under the lease, excluding taxes.

A description of any other one-time or recurring charges, including, without limitation, a description of the circumstances that trigger any late fees.
A description of any obligation the lessor has regarding the installation, repair or removal of the distributed generation system.
A description of any obligation the lessor has regarding construction of and insurance for the distributed generation system.
A description of any:

(a) Taxes due at the commencement of the lease; and

(b) Estimation of taxes known to be applicable during the term of the lease, subject to any change in the state or local tax rate or tax structure.

A copy of the warranty for the distributed generation system.
A disclosure notifying the lessee of the transferability of the obligations under the warranty to a subsequent lessee.
The identification of any state or federal tax incentives that are included in calculating the amount of the monthly payments due under the lease.
A description of the ownership of any tax credits, tax rebates, tax incentives or portfolio energy credits in connection with the distributed generation system.
Any terms for renewal of the lease.
A description of any option to purchase the distributed generation system before the end of the term of the lease.
A description of all options available to the host customer in connection with the continuation, termination or transfer of the lease in the event of the:

(a) Sale of the property to which the distributed generation system is affixed; or

(b) Death of the lessee.

A description of any restrictions that the lease imposes on the modification or transfer of the property to which the distributed generation system is affixed.
The granting to the lessee of the right to rescind the lease for a period ending not less than 3 business days after the lease is signed.
An estimate of the amount of electricity that could be generated by the distributed generation system in the first year of operation.
A signature block that is signed and dated by the lessor and the lessee of the distributed generation system.

(Added to NRS by 2017, 4269 )

NRS 598.9812

NRS

598.9812

Agreement for lease of distributed generation system: Disclosure.

An agreement for the lease of a distributed generation system must include a disclosure that is not more than 3 pages in length and is in at least 10-point font.
The disclosure described in subsection 1 must be separate from the cover page and agreement described in NRS 598.9809 and 598.9811 .
The disclosure described in subsection 1 must include, without limitation:

(a) The name, mailing address, telephone number and electronic mail address of the lessor;

(b) The name, mailing address, telephone number, electronic mail address and number of the contractors license of the person who installed the distributed generation system, if different from the solar installation company;

(c) The name, mailing address, telephone number, electronic mail address and the number of the contractors license of the person responsible for all maintenance of the distributed generation system, if different from the solar installation company;

(d) The length of the term of the lease;

(e) The amount of the monthly payments due under the lease in the first year of operation;

(f) The amounts due at the signing for and at the completion of the installation of the distributed generation system;

(g) The estimated amount of the total payments due under the lease, including, without limitation, any incentives that are included in the estimated lease payments;

(h) A description of any one-time or recurring fees, including, without limitation, a description of the circumstances that trigger:

(1) Any late fees;

(2) Estimated fees for the removal of the distributed generation system;

(3) Fees for a notice of removal and refiling pursuant to the Uniform Commercial Code;

(4) Fees for connecting to the Internet; and

(5) Fees for not enrolling in a program in which payments are made through an electronic transfer of money cleared through an automated clearinghouse;

(i) The total number of payments to be made under the lease;

(j) The due date of any payment and the manner in which the consumer will receive an invoice for such payments;

(k) The rate of any payment increases and the date on which the first increase in the rate may occur, if applicable;

(l) Assumptions concerning the design of the distributed generation system, including, without limitation:

(1) The size of the distributed generation system;

(2) The estimated amount of production for the distributed generation system in the first year of operation;

(3) The estimated annual degradation to the distributed generation system; and

(4) As specified by the lease at the time of installation, whether or not an electric utility must credit a customer of the electric utility for any excess energy that is generated by the distributed generation system;

(m) A disclosure notifying the lessee of the intent of the lessor to file a fixture filing, as defined in NRS 104A.2309 , on the distributed generation system;

(n) A disclosure notifying the lessee if maintenance and repairs of the distributed generation system are included in the lease;

(o) A disclosure describing any warranty for the repair of any damage to the roof of the property owned by the lessee in connection with the installation or removal of the distributed generation system;

(p) A disclosure describing:

(1) The transferability of the lease; and

(2) Any conditions on transferring the lease in connection with the lessee selling his or her property;

(q) A description of any guarantees of the performance of the distributed generation system;

(r) A description of the basis for any estimates of savings that were provided to the lessee, if applicable; and

(s) A disclosure concerning the retention of any portfolio energy credits, if applicable.

(Added to NRS by 2017, 4270 )

NRS 598.9813

NRS

598.9813

Agreement for purchase of distributed generation system: Cover page.

An agreement for the purchase of a distributed generation system must include a cover page that:

Prominently displays the following information at the top of the cover page in at least 16-point font:

(a) Notice of the right to rescind or cancel the agreement, without any penalty or obligation, within 3 business days after the execution of the agreement, as provided in NRS 598.98216 .

(b) An electronic mail address to which a notice of rescission or cancellation may be sent pursuant to NRS 598.98216 and notice that the purchaser may send such a notice to that electronic mail address.

(d) Notice that, before the installation of the distributed generation system, the purchaser will have the opportunity to confirm that no representations, offers or promises were made at any time concerning the purchase of the distributed generation system other than what is contained in the agreement.

Provide the following information in at least 10-point font:

(a) The size of the distributed generation system.

(b) The length of the term of the warranty for the distributed generation system.

(d) A description of any warranties.

(e) The total cost of the distributed generation system.

(f) The estimated value of any portfolio energy credits and rebates of any incentives included in the calculation of the total cost of the distributed generation system.

(g) The amounts due at the signing for and at the completion of the installation of the distributed generation system.

(h) The estimated production of the distributed generation system in the first year of operation and an explanation that:

(1) The purchaser will always receive a power bill if the premises of the purchaser are connected to the power grid;

(2) The estimated production or offset is based on available data on prior consumption; and

(3) Any change in consumption by the purchaser will impact the estimated offset, or savings, in relation to the production.

(i) Notice of the existence of the Recovery Fund administered by the State Contractors Board pursuant to NRS 624.470 .

(j) Notice that a person financially damaged by a licensed contractor who performs work on a residence may be eligible to recover certain financial damages from the Recovery Fund.

(k) Notice that a host customer may file a complaint with the Public Utilities Commission of Nevada.

(l) Contact information for the State Contractors Board and Public Utilities Commission of Nevada, including, without limitation, a telephone number.

(m) Notice that the purchaser, before the execution of the agreement, may request any document used in the solicitation, offer or transaction for the agreement in any language.

(Added to NRS by 2017, 4271 ; A 2023, 1120 )

NRS 598.9814

NRS

598.9814

Agreement for purchase of distributed generation system: Contents.

An agreement for the purchase of a distributed generation system must include, without limitation, the following information in at least 10-point font:

The name, mailing address, telephone number, electronic mail address and number of the contractors license of the solar installation company.
The name, mailing address, telephone number and electronic mail address of:

(a) The purchaser of the distributed generation system; and

(b) The name, mailing address, telephone number and electronic mail address of the person responsible for all maintenance of the distributed generation system, if different from the solar installation company.

A description, which includes, without limitation, any assumptions, concerning the design and installation of the distributed generation system. Such a description must include, without limitation:

(a) The size of the distributed generation system;

(b) The estimated amount of production for the distributed generation system in the first year of operation; and

The total cost of the distributed generation system.
An estimated timeline for the installation of the distributed generation system.
A payment schedule, including, without limitation:

(a) The due dates for any deposit; and

(b) Any subsequent payments that are not to exceed the total system cost stated on the cover page pursuant to NRS 598.9813 .

The granting to the purchaser the right to rescind the agreement for a period ending not less than 3 business days after the agreement is signed.
A copy of the warranty for the distributed generation system.
A disclosure notifying the purchaser of the transferability of the obligations under the warranty to a subsequent purchaser.
The identification of any incentives included in the calculation of the total cost of the distributed generation system.
A description of any guarantee of the performance of the distributed generation system.
A signature block that is signed and dated by the purchaser of the distributed generation system and the solar installation company.
A description of the basis for any estimates of savings that were provided to the purchaser, if applicable.
A disclosure concerning the retention of any portfolio energy credits, if applicable.

(Added to NRS by 2017, 4272 )

NRS 598.9815

NRS

598.9815

Agreement for purchase of distributed generation system: Disclosure.

An agreement for the purchase of a distributed generation system must include a disclosure that is not more than 3 pages in length and is in at least 10-point font.
The disclosure described in subsection 1 must be separate from the cover page and agreement described in NRS 598.9813 and 598.9814 .
The disclosure described in subsection 1 must include, without limitation:

(a) The name, mailing address, telephone number and electronic mail address of the solar installation company;

(d) The purchase price of the distributed generation system;

(e) The payment schedule for the distributed generation system;

(f) The approximate start and completion dates for the installation of the distributed generation system;

(g) A disclosure notifying the purchaser of the responsible party for obtaining approval for connecting the distributed generation system to the electricity meter on the host customers side;

(h) Assumptions concerning the design of the distributed generation system, including, without limitation:

(1) The size of the distributed generation system;

(2) The estimated amount of production for the distributed generation system in the first year of operation;

(3) The estimated annual degradation to the distributed generation system; and

(4) As specified by the agreement at the time of installation, whether or not an electric utility must credit a customer of the electric utility for any excess energy that is generated by the distributed generation system;

(i) A disclosure notifying the purchaser if maintenance and repairs of the distributed generation system are included in the purchase;

(j) A disclosure describing any warranty for the repair of any damage to the roof of the property owned by the purchaser in connection with the installation or removal of the distributed generation system;

(k) A description of any guarantees of the performance of the distributed generation system;

(l) A description of the basis for any estimates of savings that were provided to the purchaser, if applicable; and

(m) A disclosure concerning the retention of any portfolio energy credits, if applicable.

(Added to NRS by 2017, 4273 )

NRS 598.9816

NRS

598.9816

Power purchase agreement: Cover page.

A power purchase agreement for the sale of the output of a distributed generation system must include a cover page that:

Prominently displays the following information at the top of the cover page in at least 16-point font:

(a) Notice of the right to rescind or cancel the agreement, without any penalty or obligation, within 3 business days after the execution of the agreement, as provided in NRS 598.98216 .

(b) An electronic mail address to which a notice of rescission or cancellation may be sent pursuant to NRS 598.98216 and notice that the host customer may send such a notice to that electronic mail address.

(d) Notice that, before the installation of the distributed generation system, the host customer will have the opportunity to confirm that no representations, offers or promises were made at any time concerning the sale of the output of the distributed generation system other than what is contained in the agreement.

Provides the following information in at least 10-point font:

(a) The rate of any increase in the payments to be made during the term of the agreement and, if applicable, the date of the first such increase.

(b) An estimated timeline for the installation of the distributed generation system.

(d) The length of the term of the agreement.

(e) The amounts due at the signing for and at the completion of the installation or any inspection of the distributed generation system.

(f) The estimated production of the distributed generation system in the first year of operation and an explanation that:

(1) The host customer will always receive a power bill if the premises of the host customer are connected to the power grid;

(2) The estimated production or offset is based on available data on prior consumption; and

(3) Any change in consumption by the host customer will impact the estimated offset, or savings, in relation to the production.

(g) A description of the options available at the end of the term of the agreement.

(h) A description of any option to purchase the distributed generation system before the end of the term of the agreement.

(i) Notice of the existence of the Recovery Fund administered by the State Contractors Board pursuant to NRS 624.470 .

(j) Notice that a person financially damaged by a licensed contractor who performs work on a residence may be eligible to recover certain financial damages from the Recovery Fund.

(k) Notice that a host customer may file a complaint with the Public Utilities Commission of Nevada.

(l) Contact information for the State Contractors Board and the Public Utilities Commission of Nevada, including, without limitation, a telephone number.

(m) Notice that the host customer, before execution of the agreement, may request any document used in the solicitation, offer or transaction for the power purchase agreement in any language.

(Added to NRS by 2017, 4274 ; A 2023, 1121 )

NRS 598.9817

NRS

598.9817

Power purchase agreement: Contents.

A power purchase agreement for the sale of the output of a distributed generation system must include, without limitation, the following information in at least 10-point font:

The name, mailing address, telephone number, electronic mail address and number of the contractors license of the solar installation company.
The name, mailing address, telephone number and electronic mail address of:

(a) The provider of the distributed generation system; and

The length of the term of the agreement.
An estimated timeline for the installation of the distributed generation system.
The payments made during the first year of the agreement for the price of electricity, which includes, without limitation, the price per kilowatt-hour of electricity and the price per monthly system electrical output.
The estimated annual electrical output of the distributed generation system.
The rate of any increase in the payments to be made during the term of the agreement and, if applicable, the date of the first such increase.
A description of any obligation the solar installation company has regarding construction and repair of and insurance for the distributed generation system.
A description of any one-time or recurring fees, including, without limitation, a description of the circumstances that trigger any late fees.
A description of any:

(a) Taxes due at the commencement of the agreement; and

(b) Estimation of taxes known to be applicable during the term of the agreement, subject to a change in the state or local tax rate or tax structure.

A copy of the warranty for the distributed generation system.
A description of the ownership of any tax credits, tax rebates, tax incentives or portfolio energy credits in connection with the distributed generation system.
Any terms for renewal of the agreement.
A description of any option to purchase the distributed generation system before the end of the term of the agreement.
A description of all options available to the host customer in connection with the continuation, termination or transfer of the agreement in the event of the:

(a) Sale of the property to which the distributed generation system is affixed; or

(b) Death of the purchaser.

The granting to the purchaser of the right to rescind the agreement for a period ending not less than 3 business days after the agreement is signed.
A description of any restrictions that the agreement imposes on the modification or transfer of the property to which the distributed generation system is affixed.
A description of any guarantees of the performance of the distributed generation system.
A disclosure notifying the host customer of the transferability of the obligations under the warranty to a subsequent purchaser.
A signature block that is signed and dated by the purchaser and the solar installation company.
A statement describing the due dates of any payments.

(Added to NRS by 2017, 4274 )

NRS 598.9818

NRS

598.9818

Power purchase agreement: Disclosure.

A power purchase agreement for the sale of output of a distributed generation system must include a disclosure that is not more than 3 pages in length and is in at least 10-point font.
The disclosure described in subsection 1 must be separate from the cover page and agreement described in NRS 598.9816 and 598.9817 .
The disclosure described in subsection 1 must include, without limitation:

(a) The name, mailing address, telephone number and electronic mail address of the solar installation company;

(d) The payment schedule for the distributed generation system, including, without limitation, any payments that are due, if applicable, at:

(1) Signing for the distributed generation system;

(2) Commencement of installation of the distributed generation system; and

(3) Completion of installation of the distributed generation system;

(e) A description of any one-time or recurring fees, including, without limitation, a description of the circumstances that trigger:

(1) Any late fees;

(2) Estimated fees for the removal of the distributed generation system;

(3) Fees for a notice of removal and refiling pursuant to the Uniform Commercial Code;

(4) Fees for connecting to the Internet; and

(5) Fees for not enrolling in a program in which payments are made through an electronic transfer of money cleared through an automated clearinghouse;

(f) A statement that describes when payments are due;

(g) The rate of any payment increases and the date on which the first increase in the rate may occur, if applicable;

(h) Assumptions concerning the design of the distributed generation system, including, without limitation:

(1) The size of the distributed generation system;

(2) The estimated amount of production for the distributed generation system in the first year of operation;

(3) The estimated annual degradation to the distributed generation system; and

(i) A disclosure notifying the purchaser of the intent of the owner of the distributed generation system to file a fixture filing, as defined in NRS 104A.2309 , on the distributed generation system;

(j) A disclosure notifying the purchaser if maintenance and repairs of the distributed generation system are included in the agreement;

(k) A disclosure describing any warranty for the repair of any damage to the roof of the property owned by the purchaser in connection with the installation or removal of the distributed generation system;

(l) A disclosure describing the transferability of the distributed generation system in connection with the purchaser selling his or her property;

(m) A description of any guarantees of the performance of the distributed generation system;

(n) A description of the basis for any estimates of savings that were provided to the purchaser, if applicable; and

(o) A disclosure concerning the retention of any portfolio energy credits, if applicable.

(Added to NRS by 2017, 4275 )

NRS 607.165

NRS

607.165

Notice to State Contractors Board of repeated claims for wages against contractor; recommendation by Labor Commissioner concerning contractors bond or cash deposit.

The Labor Commissioner shall notify the State Contractors Board after three substantiated claims for wages have been filed against a contractor within a 2-year period. The notification must include a copy of the final written decision of the Labor Commissioner with regard to each such claim.
The Labor Commissioner may recommend to the State Contractors Board the amount of the bond or cash deposit that a contractor should be required to file or establish pursuant to subsection 6 of NRS 624.270 .
As used in this section:

(a) Contractor has the meaning ascribed to it in NRS 624.020 .

(b) Employee means a natural person who receives wages or other remuneration from a contractor for personal services, including, without limitation, commissions, bonuses and remuneration payable in a medium other than cash.

(c) Substantiated claim for wages means a claim for wages by an employee against a contractor that the Labor Commissioner determines to be valid after providing notice and an opportunity for a hearing pursuant to the provisions of this chapter.

(Added to NRS by 1997, 1514 ; A 2003, 2145 )

NRS 607.217

NRS

607.217

Communication of information relating to employee misclassification among Labor Commissioner, certain state agencies and the Attorney General.

The offices of the Labor Commissioner, Division of Industrial Relations of the Department of Business and Industry, Employment Security Division of the Department of Employment, Training and Rehabilitation, Department of Taxation and Attorney General shall communicate between their respective offices information relating to suspected or actual employee misclassification which is received in the performance of their official duties, regardless of whether the information is otherwise declared by law to be confidential. Any information that is communicated between their respective offices relating to suspected or actual employee misclassification pursuant to this section which is otherwise declared by law to be confidential must otherwise be maintained under the terms and conditions required by law.
As used in this section, unless the context otherwise requires, employee misclassification means the practice by an employer of improperly classifying employees as independent contractors to avoid any legal obligation under state labor, employment and tax laws, including, without limitation, the laws governing minimum wage, overtime, unemployment insurance, workers compensation insurance, temporary disability insurance, the payment of wages and payroll taxes.

(Added to NRS by 2019, 3157 ; A 2023, 1805 )

NRS 608.0116

NRS

608.0116

Professional defined.

Professional means pertaining to:

An employee who is licensed or certified by the State of Nevada for and engaged in the practice of law or any of the professions regulated by chapters 623

to 645 , inclusive, 645G and 656A

of NRS.

A creative professional as described in 29 C.F.R. § 541.302 who is not an employee of a contractor as that term is defined in NRS 624.020 .

(Added to NRS by 1985, 578 ; A 1991, 994 ; 1999, 3074 ; 2001, 1778 ; 2003, 912 ; 2005, 1140 ; 2011, 878 , 1099 ,

1521 ;

2023, 1708 )

NRS 608.0155

NRS

608.0155

Persons presumed to be independent contractor.

Except as otherwise provided in subsection 2, for the purposes of this chapter, a person is conclusively presumed to be an independent contractor if:

(a) Unless the person is a foreign national who is legally present in the United States, the person possesses or has applied for an employer identification number or social security number or has filed an income tax return for a business or earnings from self-employment with the Internal Revenue Service in the previous year;

(b) The person is required by the contract with the principal to hold any necessary state business license or local business license and to maintain any necessary occupational license, insurance or bonding in order to operate in this State; and

(1) Notwithstanding the exercise of any control necessary to comply with any statutory, regulatory or contractual obligations, the person has control and discretion over the means and manner of the performance of any work and the result of the work, rather than the means or manner by which the work is performed, is the primary element bargained for by the principal in the contract.

(2) Except for an agreement with the principal relating to the completion schedule, range of work hours or, if the work contracted for is entertainment, the time such entertainment is to be presented, the person has control over the time the work is performed.

(3) The person is not required to work exclusively for one principal unless:

(I) A law, regulation or ordinance prohibits the person from providing services to more than one principal; or

(II) The person has entered into a written contract to provide services to only one principal for a limited period.

(4) The person is free to hire employees to assist with the work.

(5) The person contributes a substantial investment of capital in the business of the person, including, without limitation, the:

(I) Purchase or lease of ordinary tools, material and equipment regardless of source;

(II) Obtaining of a license or other permission from the principal to access any work space of the principal to perform the work for which the person was engaged; and

(III) Lease of any work space from the principal required to perform the work for which the person was engaged.

Ê The determination of whether an investment of capital is substantial for the purpose of this subparagraph must be made on the basis of the amount of income the person receives, the equipment commonly used and the expenses commonly incurred in the trade or profession in which the person engages.

A natural person is conclusively presumed to be an independent contractor if the person is a contractor or subcontractor licensed pursuant to chapter 624

of NRS or is directly compensated by a contractor or subcontractor licensed pursuant to chapter 624 of NRS for providing labor for which a license pursuant to chapter 624

of NRS is required to perform and:

(a) The person has been and will continue to be free from control or direction over the performance of the services, both under his or her contract of service and in fact;

(b) The service is either outside the usual course of the business for which the service is performed or that the service is performed outside of all the places of business of the enterprises for which the service is performed; and

(c) The service is performed in the course of an independently established trade, occupation, profession or business in which the person is customarily engaged, of the same nature as that involved in the contract of service.

The fact that a person is not conclusively presumed to be an independent contractor for failure to satisfy three or more of the criteria set forth in paragraph (c) of subsection 1 does not automatically create a presumption that the person is an employee.
As used in this section:

(a) Foreign national has the meaning ascribed to it in NRS 294A.325 .

(b) Providing labor does not include the delivery of supplies.

(Added to NRS by 2015, 1743 ; A 2019, 3159 )

PAYMENT AND COLLECTION OF WAGES AND OTHER BENEFITS

NRS 608.0193

NRS

608.0193

Employer required to provide break time to express breast milk; compensation pursuant to collective bargaining agreement; reasonable alternative to alleviate undue hardship; retaliation prohibited; exceptions.

Except as otherwise provided in subsections 3, 5 and 6, each employer shall provide an employee who is the mother of a child under 1 year of age with:

(a) Reasonable break time, with or without compensation, for the employee to express breast milk as needed; and

(b) A place, other than a bathroom, that is reasonably free from dirt or pollution, which is protected from the view of others and free from intrusion by others where the employee may express breast milk.

If break time is required to be compensated pursuant to a collective bargaining agreement entered into by an employer and an employee organization, any break time taken pursuant to subsection 1 by an employee which is covered by the collective bargaining agreement must be compensated.
If an employer determines that complying with the provisions of subsection 1 will cause an undue hardship considering the size, financial resources, nature and structure of the business of the employer, the employer may meet with the employee to agree upon a reasonable alternative. If the parties are not able to reach an agreement, the employer may require the employee to accept a reasonable alternative selected by the employer.
An employer shall not retaliate, or direct or encourage another person to retaliate, against any employee because that employee has:

(a) Taken break time or used the space provided pursuant to subsection 1 or 3 to express breast milk; or

(b) Taken any action to require the employer 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.

An employer who employs fewer than 50 employees is not subject to the requirements of this section if these requirements would impose an undue hardship on the employer, considering the size, financial resources, nature and structure of the business of the employer.
An employer who is a contractor licensed pursuant to chapter 624 of NRS is not subject to the requirements of this section with regard to an employee who is performing work at a construction jobsite that is located at least 3 miles from the regular place of business of the employer.

(Added to NRS by 2017, 1430 )

NRS 608.060

NRS

608.060

Semimonthly payments; exceptions.

Except as otherwise provided in this chapter, all wages or compensation of employees in private employment is due semimonthly. All such wages or compensation earned and unpaid before the first day of any month is due not later than 8 a.m. on the 15th day of the month following that in which the wages or compensation was earned. All wages or compensation earned and unpaid before the 16th day of any month is due not later than 8 a.m. on the last day of the same month.
Nothing contained in this section prohibits the contracting for the payment of or the payment of wages at more frequent periods than semimonthly.
An employer in this State whose principal place of business is located, and whose payroll is prepared, outside of this State may designate one or more days in each month as fixed paydays for the payment of wages to an employee employed in:

(a) A bona fide executive, administrative or professional capacity, as defined in 29 C.F.R. §§ 541.1, 541.2 and 541.3;

(b) The capacity of outside salesperson, as defined in 29 C.F.R. § 541.5; or

Ê as those sections existed on October 1, 1993. The provisions of this subsection do not apply with regard to an employee whose wages are determined pursuant to a collective bargaining agreement.

Every agreement made in violation of this section, except as provided in this chapter, is void, but any employee is entitled to payment of such wages or compensation for the period during which the wages or compensation was earned.

[Part 1:71:1919; A 1937, 52 ; 1931 NCL § 2775]—(NRS A 1993, 316 )

NRS 608.150

NRS

608.150

Original contractor liable for indebtedness for labor incurred by subcontractor or contractor acting under, by or for original contractor; exceptions; civil action to recover.

Except as otherwise provided in subsections 2 and 3, every original contractor entering into any contract in this State for the erection, construction, alteration, maintenance or repair, including, without limitation, repairs made under a warranty, of any building or structure, including, without limitation, any equipment or fixtures related thereto, or other work of improvement, shall assume and is liable for the indebtedness for labor incurred by any subcontractor or any contractors acting under, by or for the original contractor in performing any labor, construction or other work included in the subject of the original contract, for labor, and for the requirements imposed by chapters 616A

to 617 , inclusive, of NRS.

Except as otherwise provided in subsection 6, the provisions of subsection 1 do not require an original contractor to assume or be liable for any liability of a subcontractor or other contractor in excess of the indebtedness for labor incurred by a subcontractor or any other contractor acting under, by or for the original contractor if such indebtedness for labor had been paid when originally due.
The provisions of subsection 1 do not require an original contractor to assume or be liable for any liability of a subcontractor or other contractor for any amount for which the original contractor did not receive proper notice in accordance with NRS 608.152 .
It is unlawful for any original contractor or any other person to fail to comply with the provisions of subsection 1, or to attempt to evade the responsibility imposed thereby, or to do any other act or thing tending to render nugatory the provisions of this section.
The district attorney of any county wherein the defendant may reside or be found, or any potential claimant pursuant to this section may institute civil proceedings against any such original contractor failing to comply with the provisions of this section in a civil action for the amount of any indebtedness for labor that may be owing or have accrued as a result of the failure of any subcontractor acting under the original contractor, and any property of the original contractor, not exempt by law, is subject to attachment and execution for the payment of any judgment that may be recovered in any action under the provisions of this section.
In any court action regarding a claim instituted pursuant to this section, the court shall award costs and reasonable attorneys fees to the prevailing party. If the claimant is the prevailing party, the court shall award to the claimant the applicable interest that has accrued after the claimant provided to the original contractor, subcontractor or other contractor the written notice of such claim pursuant to NRS 608.152 or otherwise notifies the original contractor of a claim under NRS 608.150 .
As used in this section:

(a) Contractor has the meaning ascribed to it in NRS 624.020 .

(b) Original contractor includes a contractor or any other person who enters into a contract described in subsection 1.

[1:208:1931; 1931 NCL § 2824] + [2:208:1931; 1931 NCL § 2825]—(NRS A 1967, 623 ; 1985, 580 ; 1999, 206 ; 2015, 1931 ; 2017, 1212 )

NRS 608.152

NRS

608.152

Claim to indebtedness for labor incurred by subcontractor or contractor: Written notice of claim; written request for notice of claim; substantially similar claims prohibited.

Any potential claimant to indebtedness for labor under NRS 608.150 shall, within 90 days after receiving the written request described in subsection 2, provide to the original contractor, subcontractor or other contractor who submitted the written request a written notice that includes, without limitation:

(a) Any claim that is asserted under this section;

(b) The basis for any such claim; and

(1) The amount of any such claim;

(2) An explanation of what data is needed to calculate the amount of any such claim; or

(3) A statement that no amount is due under any such claim.

The written request required pursuant to subsection 1 must:

(a) Be submitted by an original contractor, subcontractor or other contractor;

(b) Be directed to the claimant described in subsection 1; and

(1) Original contractor, subcontractor or other contractor;

(2) Dates that work commenced and ended or is expected to end; and

(3) Nature and location of any project to which the contract applies.

If the written notice that the claimant is required to provide pursuant to subsection 1 indicates that no amount is due under any such claim or if the claimant fails to respond within 90 days after receiving the written request described in subsection 2, the claimant shall be prohibited from bringing any substantially similar claim that is related to the project and the original contractor, subcontractor or other contractor that accrued before the claimants receipt of such written notice.
As used in this section:

(a) Contractor has the meaning ascribed to it in NRS 624.020 .

(b) Original contractor includes a contractor or any other person who enters into a contract described in subsection 1 of NRS 608.150 .

(Added to NRS by 2017, 1212 )

NRS 608.255

NRS

608.255

Relationships which do not constitute employment relationships for purposes of minimum wage.

For the purposes of this chapter and any other statutory or constitutional provision governing the minimum wage paid to an employee, the following relationships do not constitute employment relationships and are therefore not subject to those provisions:

The relationship between a provider of jobs and day training services which is recognized as exempt pursuant to the provisions of 26 U.S.C. § 501(c)(3) and which has been issued a certificate by the Division of Public and Behavioral Health of the Department of Health and Human Services pursuant to NRS 435.130

to 435.310 , inclusive, and a person with an intellectual disability or a person with a developmental disability participating in a jobs and day training services program.

The relationship between a principal and an independent contractor.
As used in this section, developmental disability has the meaning ascribed to it in NRS 435.007 .

(Added to NRS by 2007, 541 ; A 2009, 2241 ; 2013, 698 , 3066 ;

2015, 1744 ; 2017, 265 , 2831 )

NRS 608.330

NRS

608.330

Criminal and administrative penalties.

Any person who violates any provision of NRS 608.300 to 608.330 , inclusive, or any regulation adopted pursuant thereto is guilty of a misdemeanor.
In addition to any other remedy or penalty, the Labor Commissioner may impose against the person an administrative penalty of not more than $5,000 for each such violation.

(Added to NRS by 1979, 346 ; A 1997, 2482 ; 1999, 3116 ; 2003, 797 )

MISCLASSIFICATION AS INDEPENDENT CONTRACTOR

NRS 608.400

NRS

608.400

Misclassification prohibited; administrative penalties; notice and opportunity for hearing.

An employer shall not:

(a) Through means of coercion, misrepresentation or fraud, require a person to be classified as an independent contractor or form any business entity in order to classify the person as an independent contractor; or

(b) Willfully misclassify or otherwise willfully fail to properly classify a person as an independent contractor.

In addition to any other remedy or penalty provided by law, the Labor Commissioner may impose an administrative penalty against an employer who misclassifies a person as an independent contractor or otherwise fails to properly classify a person as an employee of the employer. An administrative penalty imposed pursuant to this section must be:

(a) For a first offense committed by an employer who misclassifies or otherwise fails to properly classify a person as an employee of the employer, a warning issued to the employer by the Labor Commissioner.

(b) For a second or subsequent offense, a fine of $5,000 for each employee who was willfully misclassified imposed by the Labor Commissioner.

Before the Labor Commissioner may enforce an administrative penalty against an employer for misclassifying or otherwise failing to properly classify an employee of the employer pursuant to this section, the Labor Commissioner must provide the employer with notice and an opportunity for a hearing as set forth in NRS 607.207 . The Labor Commissioner may impose the administrative penalty as set forth in subsection 2 if the Labor Commissioner finds that:

(a) The employer misclassified a person as an independent contractor; or

(b) The employer otherwise failed to properly classify a person as an employee of the employer.

(Added to NRS by 2019, 3158 ; A 2023, 1805 )

NRS 608.410

NRS

608.410

Liability of employer for misclassification; complaint; conduct of hearing; judicial review.

An employer who is found after a hearing conducted in accordance with subsection 3 to have misclassified a person as an independent contractor is liable to such person for lost wages, benefits or other economic damages to make the person whole.
A person may file a complaint alleging the misclassification of the person as an independent contractor with the Labor Commissioner. The Labor Commissioner shall make a determination on the allegations of the complaint within 120 days after receipt of the complaint. If the Labor Commissioner finds that an employer misclassified an employee as an independent contractor, the Labor Commissioner may impose the penalties set forth in subsection 1.
A hearing conducted pursuant to this section must be held in accordance with chapter 233B of NRS.
Each party to a hearing conducted pursuant to this section may petition for judicial review of the decision of the Labor Commissioner in the manner provided by chapter 233B of NRS.

(Added to NRS by 2019, 3159 )

HOME CARE PROGRAMS

NRS 609.221

NRS

609.221

Prohibition by Labor Commissioner of employment of children under age of 16 years in certain sales activities.

Except as otherwise provided in subsection 2, the Labor Commissioner shall adopt regulations prohibiting the employment of a child under the age of 16 years in connection with the solicitation for sale or selling of any product, good or service at any time or place or in any manner the Labor Commissioner determines to be dangerous to the health or welfare of such a child.
The Labor Commissioner shall not prohibit the employment of a child under the age of 16 years in connection with the solicitation for sale or selling of:

(a) Any product, good or service in a county whose population is less than 100,000; or

(b) Any agricultural product at a fixed location directly to consumers and not for resale.

Ê This subsection does not authorize the employment of a child in violation of a specific statute.

No child under the age of 16 years may be employed, permitted or required to work in any capacity, including, without limitation, as an independent contractor, in connection with the solicitation for sale or selling of any product, good or service at any time or place or in any manner prohibited by the Labor Commissioner pursuant to subsection 1.

(Added to NRS by 2001, 964 )

NRS 610.144

NRS

610.144

Requirements for program to be eligible for registration and approval by State Apprenticeship Council.

To be eligible for registration and approval by the Council, a proposed program must:

(a) Be an organized, written plan embodying the terms and conditions of employment, training and supervision of one or more apprentices in an apprenticeable occupation, as defined in 29 C.F.R. § 29.4, and be subscribed to by a sponsor who has undertaken to carry out the program.

(b) Except as otherwise provided in this paragraph, use a:

(1) Time-based approach, as described in 29 C.F.R. § 29.5(b)(2)(i);

(2) Competency-based approach, as described in 29 C.F.R. § 29.5(b)(2)(ii); or

(3) Hybrid approach, as described in 29 C.F.R. § 29.5(b)(2)(iii).

Ê A program for a construction trade must use a time-based approach.

(1) A plan of affirmative action in accordance with 29 C.F.R. § 30.4;

(2) A method of selection authorized in 29 C.F.R. § 30.10;

(3) A nondiscriminatory pool for application as an apprentice; or

(4) Similar requirements expressed in a state plan for equal opportunity in employment in apprenticeships adopted pursuant to 29 C.F.R. Part 30 and approved by the United States Department of Labor.

(d) Provide for the development of skills that are intended to enable an apprentice to engage in a skilled trade generally, rather than for a particular employer or sponsor.

(e) Contain:

(1) Provisions concerning the employment and training of the apprentice in a skilled trade;

(2) A term of apprenticeship that:

(I) If the program uses a time-based approach, requires the completion of not less than 2,000 hours of on-the-job learning, consistent with training requirements as established by practice in the trade;

(II) If the program uses a competency-based approach, specifies the skills that must be demonstrated by an apprentice and addresses how on-the-job learning will be integrated into the program; or

(III) If the program uses a hybrid approach, specifies the skills that must be acquired and the minimum number of hours of on-the-job learning that must be completed by an apprentice;

(3) An outline of the processes in which the apprentice will receive supervised experience and training on the job, and the allocation of the approximate time to be spent in each major process;

(4) Provisions for organized, related and supplemental instruction in technical subjects related to the trade with a minimum of 144 hours for each year of apprenticeship, given in a classroom or through trade, industrial or correspondence courses of equivalent value or other forms of study approved by the Council;

(5) A progressively increasing, reasonable and profitable schedule of wages to be paid to the apprentice consistent with the skills acquired, not less than that allowed by federal or state law or regulations, by a collective bargaining agreement or by the minimum apprentice wage established by the Council;

(6) Provisions for a periodic review and

evaluation of the apprentices progress in performance on the job and related instruction and the maintenance of appropriate records of such progress;

(7) A numeric ratio of apprentices to journeymen consistent with proper supervision, training, safety, continuity of employment and applicable provisions in collective bargaining agreements, in language that is specific and clear as to its application;

(8) A probationary period that is reasonable in relation to the full term of apprenticeship, with full credit given for that period toward the completion of the full term of apprenticeship;

(9) Provisions for adequate and safe equipment and facilities for training and supervision and for the training of apprentices in safety on the job and in related instruction;

(10) The minimum qualifications required by a sponsor for persons entering the program, with an eligible starting age of not less than 16 years;

(11) Provisions for the placement of an apprentice under a written agreement as required by this chapter, incorporating directly or by reference the standards of the program;

(12) Provisions for the granting of advanced standing or credit to all applicants on an equal basis for previously acquired experience, training or skills, with commensurate wages for each advanced step granted;

(13) Provisions for the transfer of the employers training obligation when the employer is unable to fulfill his or her obligation under the agreement to another employer under the same or a similar program with the consent of the apprentice and the local joint apprenticeship committee or sponsor of the program;

(14) Provisions for the assurance of qualified training personnel and adequate supervision on the job;

(15) Provisions for the issuance of an appropriate certificate evidencing the successful completion of an apprenticeship;

(16) An identification of the Office of Labor Commissioner as the agency for registration of the program;

(17) Provisions for the registration of agreements and of modifications and amendments thereto;

(18) Provisions for notice to the State Apprenticeship Director of persons who have successfully completed the program and of all cancellations, suspensions and terminations of agreements and the causes therefor;

(19) Provisions for the termination of an agreement during the probationary period by either party without cause;

(20) A statement that the program will be conducted, operated and administered in conformity with the applicable provisions of 29 C.F.R. Part 30 or a state plan for equal opportunity in employment in apprenticeships adopted pursuant to 29 C.F.R. Part 30 and approved by the United States Department of Labor;

(21) The name and address of the appropriate authority under the program to receive, process and make disposition of complaints; and

(22) Provisions for the recording and maintenance of all records concerning apprenticeships as may be required by the Council and applicable laws.

If a program of apprenticeship in a skilled trade is proposed by an employer or association of employers for approval and registration by the Council and the Council has previously approved and registered a program for the skilled trade, the Council shall provide a copy of the proposed program to the sponsor of the approved and registered program and hold a hearing before approving or rejecting the application. The Council shall not approve a proposed program pursuant to this subsection unless the program requires the completion of at least as many hours of on-the-job learning or the demonstration of at least the same number and quality of skills, or both, as applicable, as all existing approved and registered programs in the relevant skilled trade.
To determine whether a proposed program should be approved or rejected pursuant to subsection 2, the Council shall consider, in addition to the requirements in subsections 1 and 2, without limitation:

(a) Relevant information concerning the approved and registered program, including, without limitation, the standards for apprenticeship of the program;

(b) Whether the sponsor of the approved and registered program is jointly administered by labor and management;

(d) Dictionaries of occupational titles;

(e) Opinions of experts provided by interested parties, including, without limitation, organized labor, licensed contractors and associations of contractors;

(f) Recognized labor and management practices in the relevant industry;

(g) Scope of work descriptions issued by the Labor Commissioner and the United States Department of Labor; and

(h) The supply of skilled workers in the trade in relation to the demand for skilled workers in the trade and the extent to which the sponsor of the approved and registered program is willing and able to provide apprentices to the proposed program.

Ê The Council may condition approval of the proposed program on the payment of compensation to apprentices that is equal to or greater than the compensation provided by the approved and registered apprenticeship program.

(Added to NRS by 1987, 440 ; A 2017, 4324 ; 2021, 812 , 2792 ,

2796 )

NRS 610.150

NRS

610.150

Required contents of agreement.

Every agreement entered into under this chapter must contain:

The names and signatures of the contracting parties and the signature of a parent or legal guardian if the apprentice is a minor.
The date of birth of the apprentice.
The name and address of the sponsor of the program.
A statement of the trade or craft in which the apprentice is to be trained, and the beginning date and expected duration of the apprenticeship.
A statement showing the number of hours to be spent by the apprentice in work and the number of hours to be spent in related and supplemental instruction, which instruction must not be less than 144 hours per year.
A statement setting forth a schedule of the processes in the trade or division of industry in which the apprentice is to be trained and the approximate time to be spent at each process.
A statement of the graduated scale of wages to be paid the apprentice and whether or not compensation is to be paid for the required time in school.
Statements providing:

(a) For a specific period of probation during which the agreement may be terminated by either party to the agreement upon written notice to the State Apprenticeship Director; and

(b) That after the probationary period the agreement may be cancelled at the request of the apprentice, or suspended, cancelled or terminated by the sponsor for good cause, with due notice to the apprentice and a reasonable opportunity for corrective action, and with written notice to the apprentice and the State Apprenticeship Director of the final action taken.

A reference incorporating as part of the agreement the standards of the program as it exists on the date of the agreement and as it may be amended during the period of the agreement.
A statement that the apprentice will be accorded equal opportunity in all phases of employment and training as an apprentice without discrimination because of race, color, creed, sex, sexual orientation, gender identity or expression, religion, disability, genetic information, national origin or age of 40 years or older.
A statement naming the Council as the authority designated pursuant to NRS 610.180

to receive, process and dispose of controversies or differences arising out of the agreement when the controversies or differences cannot be adjusted locally or resolved in accordance with the program or collective bargaining agreements.

Such additional terms and conditions as are prescribed or approved by the Council not inconsistent with the provisions of this chapter.

[8:192:1939; 1931 NCL § 506.07]—(NRS A 1960, 80 ; 1975, 1455 ; 1977, 283 ; 1983, 974 ; 1987, 445 ; 1991, 1022 ; 1999, 1936 ; 2011, 494 ; 2017, 4325 ; 2019, 2397 )

NRS 612.057

NRS

612.057

Employer: Crew leaders who furnish persons to perform agricultural labor.

As used in this section, crew leader means any person who:

(a) Furnishes persons to perform agricultural labor for any other person;

(b) Pays the persons furnished by him or her, either on his or her own behalf or on behalf of another person; and

(c) Has not entered into a written agreement with another person under which he or she is designated as an employee of the other person.

For purposes of this chapter, any person who is a member of a crew furnished by a crew leader to perform agricultural labor for any other person is in the employment of the crew leader if:

(a) The crew leader holds a valid certification of registration under the Farm Labor Contractor Registration Act of 1963; or

(b) Substantially all the members of the crew operate or maintain tractors, mechanized harvesting or crop-dusting equipment or any other mechanized equipment provided by the crew leader, and the services of the person performing agricultural labor are not otherwise defined as employment under this chapter.

Whenever any person is furnished by a crew leader to perform agricultural labor for any other person and he or she is not in the employment of the crew leader pursuant to subsection 2:

(a) The other person and not the crew leader is considered the employer; and

(b) The other person is considered to have paid cash remuneration to the person performing the agricultural labor in an amount equal to the amount paid by the crew leader, either on behalf of the crew leader or on behalf of the other person.

(Added to NRS by 1977, 831 )

NRS 612.142

NRS

612.142

Employment: Services as agent-driver, commission-driver or solicitor of orders included; exceptions.

Employment means any service performed:

(a) As an agent-driver or commission-driver engaged in distributing meat products, vegetable products, fruit products, bakery products, beverage (other than milk) or laundry or dry-cleaning services, for the principal of the agent-driver or commission-driver, as applicable.

(b) As a traveling or city salesperson, other than as an agent-driver or commission-driver, engaged upon a full-time basis in the solicitation on behalf of, and the transmission to, the principal of the traveling or city salesperson, as applicable (except for sideline sales activities on behalf of some other person) of orders from wholesalers, retailers, contractors or operators of hotels, restaurants or other similar establishments for merchandise for resale or supplies for use in their business operations.

For purposes of this section, the term employment includes services described in subsection 1 performed after December 31, 1971, only if:

(a) The contract of service contemplates that substantially all of the services are to be performed personally by such individual;

(b) The individual does not have a substantial investment in facilities used in connection with the performance of the services (other than in facilities for transportation); and

(c) The services are not in the nature of a single transaction that is not part of a continuing relationship with the person for whom the services are performed.

(Added to NRS by 1971, 1350 )

NRS 612.642

NRS

612.642

Required notice to State Contractors Board.

The Administrator shall notify the State Contractors Board of any licensed contractor against whom a judgment is obtained for failure to pay contributions to the Unemployment Compensation Fund pursuant to this chapter.

(Added to NRS by 2013, 2210 )

NRS 612.687

NRS

612.687

Liability of contractor to assure payment of amounts due from subcontractors.

Every contractor, as defined in NRS 624.020 , who contracts with a subcontractor who is an employer under the provisions of this chapter or becomes such an employer before the completion of the contract shall, in connection with each such contract:

(a) Withhold sufficient money on the contract; or

(b) Require of such subcontractor a good and sufficient surety bond,

Ê to guarantee the payment of all contributions, penalties and interest which are due or become due pursuant to the provisions of this chapter with respect to wages paid for employment on the contract.

Any contractor who fails to comply with the provisions of subsection 1 is directly liable for all contributions, penalties and interest due from the subcontractor pursuant to the provisions of this chapter with respect to wages paid for employment on the contract, as if the services in question had been performed directly for the contractor, and the remedies of collection which are available to the Administrator under the provisions of this chapter against the subcontractor as employer are equally available against the contractor.

(Added to NRS by 1973, 1781 ; A 1993, 1849 )

NRS 613.170

NRS

613.170

Time checks: Discounts and deductions unlawful.

Whenever any person or persons, firm, corporation or association, whether acting as principal or agent, contractor or subcontractor, shall hire or employ any other person or persons for the performance of any labor or service, and shall issue to such person or persons time checks for the labor or service performed, it shall be unlawful for the person or persons, firm, corporation or association issuing such time checks to discount the same or deduct therefrom any portion of the same as such discount.
Any employer of labor, or agent or representative thereof, violating the provisions of subsection 1 shall be guilty of a misdemeanor.
Nothing in subsections 1 and 2 shall apply to persons, firms, associations or corporations making discounts, deductions, or pro rata payments in the course of bankruptcy or insolvency proceedings, or in the settlement of the estates of deceased persons.

[1911 C&P § 523; RL § 6788; NCL § 10469] + [1911 C&P § 524; RL § 6789; NCL § 10470] + [1911 C&P § 525; RL § 6790; NCL § 10471]—(NRS A 1967, 634 )

NRS 613.180

NRS

613.180

Hospital fees: Unlawful collection from employee.

For the purpose of this section:

(a) Distance and facilities for the comfort and conveyance of any patient shall be construed to mean the nearest hospital and the most comfortable means of conveyance at hand or that can be procured in a reasonable time.

(b) Town or place shall be construed to mean any town, headquarters or place, at which town, headquarters or place, and tributary places, sufficient hospital fees are collected to maintain a hospital in keeping with the hospital fees collected.

It is unlawful for any person or persons, contractor or contractors, firm, company, corporation or association, or the managing agent of any person or persons, contractor or contractors, firm, company, corporation or association, to collect, demand, force, compel or require, either monthly, annually or for any other period of time, any sum of money for hospital fees from any person or laborer at any place in this state where no convenient, comfortable and well-equipped hospital is maintained at some town or place for the accommodation, relief and treatment of persons in his, her or their employ, and from whom hospital fees are collected; provided:

(a) That any person or persons, contractor or contractors, firm, company, corporation or association, or the managing agent of the same, may care for or cause to be cared for any person in his, her or their employ, from whom hospital fees are collected, at any private or public hospital, sanitarium or other convenient and comfortable place, without expense to the person or patient from whom hospital fees are collected; and

(b) That the distance and facilities for the comfort and conveyance of any patient come within the intent and meaning of subsection 1.

If at the nearest hospital the proper medical treatment cannot be secured, then it shall not be unlawful to take any person or patient a greater distance or to another hospital.
Any person or persons violating the provisions of this section shall be guilty of a misdemeanor.

[1:84:1903; RL § 1943; NCL § 2796] + [2:84:1903; RL § 1944; NCL § 2797] + [3:84:1903; RL § 1945; NCL § 2798]—(NRS A 1967, 634 )

NRS 613.438

NRS

613.438

Unlawful employment practices: Adverse employment actions relating to accommodations for conditions relating to pregnancy, childbirth or related medical conditions; exceptions; employer may require statement from physician; other provisions of law unimpaired.

Except as otherwise provided in subsections 2 and 3, it is an unlawful employment practice for an employer to:

(a) Refuse to provide a reasonable accommodation to a female employee or applicant for employment upon request of the employee or applicant, as applicable, for a condition of the employee or applicant relating to pregnancy, childbirth or a related medical condition, unless the accommodation would impose an undue hardship on the business of the employer as determined pursuant to NRS 613.4374 ;

(b) Take an adverse employment action against a female employee because the employee requests or uses a reasonable accommodation for a condition of the employee relating to pregnancy, childbirth or a related medical condition which may include, without limitation, refusing to promote the employee, requiring the employee to transfer to another position, refusing to reinstate the employee to the same or an equivalent position upon return to work or taking any other action which affects the terms or conditions of employment in a manner which is not desired by the employee;

(c) Deny an employment opportunity to an otherwise qualified female employee or applicant for employment based on the need of the employee or applicant, as applicable, for a reasonable accommodation for a condition of the employee or applicant relating to pregnancy, childbirth or a related medical condition;

(d) Require a female employee or applicant for employment who is affected by a condition of the employee or applicant relating to pregnancy, childbirth or a related medical condition to accept an accommodation that the employee or applicant did not request or chooses not to accept; and

(e) Require a female employee who is affected by a condition of the employee relating to pregnancy, childbirth or a related medical condition to take leave from employment if a reasonable accommodation for any such condition of the employee is available that would allow the employee to continue to work.

It is not an unlawful employment practice for an employer to take an action set forth in this section if the action is based upon a bona fide occupational qualification.
An employer who is a contractor licensed pursuant to chapter 624 of NRS is not subject to:

(a) The requirements of this section with regard to a request of a female employee to provide a reasonable accommodation if the requested accommodation is to provide a place, other than a bathroom, where the employee may express breast milk and the employee is performing work at a construction job site that is located more than 3 miles from the regular place of business of the employer; or

(b) The requirements of paragraph (d) or (e) of subsection 1 with regard to a female employee who is affected by a condition of the employee relating to pregnancy, childbirth or a related medical condition if the work duties of the employee include the performance of manual labor.

An employer who is a contractor licensed pursuant to chapter 624 of NRS is encouraged to provide a reasonable accommodation described in paragraph (a) of subsection 3 to the extent practicable.
An employer may require a female employee to provide an explanatory statement from the employees physician concerning the specific accommodation recommended by the physician for the employee.
This section must not be construed to preempt, limit, diminish or otherwise affect any other provision of law relating to discrimination on the basis of sex or pregnancy.

(Added to NRS by 2017, 1782 )

NRS 614.160

NRS

614.160

Picketing: Unlawful acts; acceptable acts; local variance; penalty.

During the pendency of a strike, work stoppage or other dispute, it is unlawful for any person:

(a) To picket on private property without the written permission of the owner or pursuant to an order from a federal court or agency of competent jurisdiction, even if the private property is open to the public as invitees for business, except that an employee may enter or leave his or her employers property in the course of his or her employment or for the purpose of receiving payment for services performed;

(b) To maintain any picket or picket line, individually or as part of a group, in front of or across entrances to or exits from any property, except that the following numbers of pickets may be maintained across entrances or exits if the pickets do not narrow or block the entrances or exits or delay, impede or interfere with the ability of persons or vehicles to enter or leave the property:

(1) Two pickets at pedestrian entrances and exits;

(2) Two pickets at driveway entrances and exits 20 feet or less in width; and

(3) Six pickets at driveway entrances and exits more than 20 feet in width;

(c) Knowingly to threaten, molest, assault, or in any manner physically touch the person, clothing or vehicle of any person attempting to enter or leave any property, including employees, agents, contractors, representatives, guests, customers or others doing or attempting to do business with the owner or occupant;

(d) Intentionally to operate a motor vehicle so as to delay, impede or interfere with the ability of persons or vehicles to enter or leave any property;

(e) To use language or words threatening to do harm to a person or the property of the person or designed to incite fear in any person attempting to enter or leave any property; or

(f) Knowingly to spread, drop, throw or otherwise knowingly to disperse nails, tacks, staples, glass or other objects in the entrances to or exits from any property.

Any persons participating in a strike, work stoppage or other dispute may picket on the public sidewalks or other public areas between entrances and exits to any property if the pickets maintain a distance of 30 feet from each person or group of two persons to the next person or group and no more than two persons walk abreast.
Persons who picket any property may congregate in groups of 10 or fewer to confer with their captain at reasonable times or to obtain food and drink at reasonable times, but shall not so congregate within 30 feet of any entrance or exit.
Each county shall adopt by ordinance a procedure by which it may grant a variance from the provisions of paragraph (b) of subsection 1.
Any person who violates the prohibitions of this section or of a variance granted pursuant to subsection 4 is guilty of a misdemeanor. This section does not preclude civil action or additional criminal prosecution based upon acts which are prohibited by this section.

(Added to NRS by 1985, 2183 )

NRS 617.017

NRS

617.017

Rights and remedies exclusive; provisions of chapter conclusive and obligatory; exclusive remedy extends to architects and engineers working for contractor; compensation bars recovery in other states.

The rights and remedies provided in this chapter on account of an occupational disease sustained by an employee, arising out of and in the course of the employment, are exclusive, except as otherwise provided in this chapter, of all other rights and remedies of the employee, the employees personal or legal representative, dependents or next of kin, at common law or otherwise, on account of the disease.
The terms, conditions and provisions of this chapter for the payment of compensation and the amount thereof for such diseases sustained or death resulting from such diseases are conclusive, compulsory and obligatory upon both employers and employees coming within the provisions of this chapter.
The exclusive remedy provided by this section to a principal contractor extends, with respect to any occupational disease sustained by an employee of any contractor in the performance of the contract, to every architect or engineer who performs services for the contractor or any such beneficially interested persons.
If an employee receives any compensation or medical benefits under this chapter, the acceptance of the compensation or benefits is in lieu of any other compensation, award or recovery against his or her employer under the laws of any other state or jurisdiction and the employee is barred from commencing any action or proceeding for the enforcement or collection of any benefits or award under the laws of any other state or jurisdiction.

[19:44:1947; 1943 NCL § 2800.19]—(NRS A 1983, 456 )—(Substituted in revision for NRS 617.270)

NRS 617.100

NRS

617.100

Employee: Subcontractors and employees.

Except as otherwise provided in NRS 617.175 , subcontractors, independent contractors and the employees of either shall be deemed to be employees of the principal contractor for the purposes of this chapter.
This section does not affect the relationship between a principal contractor and a subcontractor or independent contractor for any purpose outside the scope of this chapter.

[16:44:1947:1943 NCL § 2800.16]—(NRS A 1981, 716 ; 1991, 2430 )

NRS 617.120

NRS

617.120

Independent contractor defined.

Independent contractor means any person who renders service for a specified recompense for a specified result, under the control of the persons principal as to the result of the persons work only and not as to the means by which such result is accomplished.

[12:44:1947; 1943 NCL § 2800.12]

NRS 617.175

NRS

617.175

Independent enterprises.

A person is not an employer for the purposes of this chapter if:

(a) The person enters into a contract with another person or business which is an independent enterprise; and

(b) The person is not in the same trade, business, profession or occupation as the independent enterprise.

As used in this section, independent enterprise means a person who holds himself or herself out as being engaged in a separate business and:

(a) Holds a business or occupational license in his or her own name; or

(b) Owns, rents or leases property used in furtherance of the business.

The provisions of this section do not apply to a principal contractor who is licensed pursuant to chapter 624 of NRS.

(Added to NRS by 1991, 2429 )—(Substituted in revision for NRS 617.155)

NRS 617.203

NRS

617.203

Limitation of liability of principal contractor for occupational disease contracted by independent contractor or employee of independent contractor.

A principal contractor is not liable for the payment of compensation for any occupational disease contracted by any independent contractor or any employee of an independent contractor if:

The contract between the principal contractor and the independent contractor is in writing and the contract provides that the independent contractor agrees to maintain coverage for industrial insurance pursuant to this chapter;
Proof of such coverage is provided to the principal contractor;
The principal contractor is not engaged in any construction project; and
The independent contractor is not in the same trade, business, profession or occupation as the principal contractor.

(Added to NRS by 1991, 2429 )

NRS 617.210

NRS

617.210

Contractor with State or political subdivision: Submission of certificate of compliance; coverage pursuant to contract; sole proprietor who does not use employees.

Except as otherwise provided in this section, before any person, firm or corporation commences work under any contract with the State or any political subdivision thereof, or a metropolitan police department, the contractor shall furnish to the state agency, political subdivision or metropolitan police department having charge of the letting of the contract a certificate of the insurer certifying that the contractor has complied with the provisions of this chapter. A state agency, political subdivision or metropolitan police department may furnish coverage under this chapter for a contractor as specified in the contract.
In lieu of furnishing a certificate of an insurer pursuant to the provisions of subsection 1, a sole proprietor who does not use the services of his or her employees, if any, in the performance of a contract with the State or any political subdivision thereof, or a metropolitan police department, may submit to a state agency, political subdivision or metropolitan police department an affidavit indicating that the sole proprietor:

(a) In accordance with the provisions of NRS 617.225 , has not elected to be included within the terms, conditions and provisions of this chapter; and

(b) Is otherwise in compliance with those terms, conditions and provisions.

If a sole proprietor submits an affidavit specified in subsection 2 to a state agency, political subdivision or metropolitan police department specified in subsection 1, the state agency, political subdivision or metropolitan police department shall not require the sole proprietor to obtain coverage for himself or herself under this chapter during any period in which the sole proprietor performs work under the contract for which he or she submitted the affidavit.
A state agency, political subdivision or metropolitan police department that lets a contract to a sole proprietor pursuant to subsection 1:

(a) Shall be deemed not to be the employer of the sole proprietor or the employees of the sole proprietor, if any; and

(b) Is not liable as a principal contractor to the sole proprietor or the employees of the sole proprietor, if any, for any compensation or other damages as a result of an industrial injury or occupational disease incurred in the performance of the contract.

[20:44:1947; 1943 NCL § 2800.20]—(NRS A 1981, 1500 ; 1985, 665 ; 1993, 550 ; 2001, 611 )

NRS 617.215

NRS

617.215

Actions at law.

If any employer fails to provide and secure compensation under this chapter, any employee contracting an occupational disease as provided in this chapter, or, in case of death, the dependents of the employee, may bring an action at law against the employer for damages as if this chapter did not apply.

[22:44:1947; A 1949, 365 ; 1953, 297 ]—(NRS A 1967, 637 ; 1977, 237 ; 1991, 2432 )—(Substituted in revision for NRS 617.490)

Election of Coverage

NRS 618.7310

NRS

618.7310

Work practice control defined.

Work practice control means a procedure or rule that is used to reduce the risk of workplace violence, including, without limitation:

Assigning and placing staff in a manner that reduces patient-specific risk factors;
Employing or contracting with security guards when applicable; and
Providing training on methods to prevent workplace violence and respond to incidents of workplace violence.

(Added to NRS by 2019, 3672 )

NRS 618.750

NRS

618.750

Definitions.

As used in NRS 618.750 to 618.850 , inclusive, unless the context otherwise requires:

Asbestos means asbestiform varieties of:

(a) Chrysotile (serpentine);

(b) Crocidolite (riebeckite);

(d) Anthophyllite;

(e) Tremolite; or

(f) Actinolite.

Control of asbestos means:

(a) The encapsulation, enclosure or removal of asbestos or material containing asbestos from a building or structure, including any associated mechanical systems, whether inside or outside the building or structure;

(b) The abatement of the danger posed to human beings by the presence of asbestos or material containing asbestos in a building or structure, including any associated mechanical systems, whether inside or outside the building or structure;

(c) The repair, renovation or demolition of a building or structure containing asbestos or materials containing asbestos; or

(d) Any activity connected with that encapsulation, enclosure, removal, abatement, repair, renovation or demolition.

Occupation means a specific discipline involved in a project for the control of asbestos, including those tasks performed respectively by an inspector, management planner, consultant, project designer, contractor, supervisor or worker engaged in the control of asbestos.
Worker means any person actually engaged in work directly related to asbestos on a project for the control of asbestos who is not required to be licensed in any other occupation.

(Added to NRS by 1989, 1275 ; A 1997, 2106 ; 2013, 2744 )

NRS 618.765

NRS

618.765

Regulations of Division: Standards and procedures.

Not later than 60 days after June 28, 1989, the Division shall adopt regulations establishing standards and procedures for the licensure of each occupation which are at least as stringent as those contained in the Model Contractor Accreditation Plan for States set out in Appendix C of Subpart E of Part 763 of Title 40 of the Code of Federal Regulations, as it existed on January 1, 1989. The regulations must include standards for:

(a) Courses which provide initial training;

(b) Courses which provide a review of the initial training;

(d) Qualifications;

(e) Renewal of licensure; and

(f) Revocation of licensure.

After consultation with the Division of Public and Behavioral Health of the Department of Health and Human Services, the Division of Environmental Protection of the State Department of Conservation and Natural Resources and the county air pollution control agencies designated pursuant to NRS 445B.500 , the Division shall adopt standards for:

(a) Projects for the control of asbestos;

(b) Specifying the amount of asbestos within a material which must be present to qualify the material as a material containing asbestos for the purposes of NRS 618.750 to 618.850 , inclusive;

(d) Laboratories which collect or analyze air samples for those projects; and

(e) The assessment of the exposure of occupants of a building at the completion of a project for the control of asbestos.

The Division shall by regulation adopt a standard for the assessment of the exposure of the occupants of a building to airborne asbestos. The standard:

(a) Must be set according to a time-weighted average concentration of asbestos fibers in the air, measured under normal occupancy conditions; and

(b) Must be at least as stringent as the corresponding federal standard, if one has been adopted.

The standard adopted pursuant to subsection 3 may be used:

(a) To assess the need to respond to the presence of asbestos in a building; or

(b) To determine which buildings or structures are most in need of such response.

Ê The standard does not require the monitoring of the air of any building or structure, or create a duty for the Division to inspect any building or structure, except in connection with the enforcement of this chapter.

(Added to NRS by 1989, 1276 ; A 1993, 1886 )

NRS 618.800

NRS

618.800

Application for license: Requirements and procedures.

A person applying for a license in an occupation must:

Submit an application on a form prescribed and furnished by the Division, accompanied by a fee prescribed by the Division;
Successfully complete a course of training in the control of asbestos approved or administered by the Division for that occupation;
Pass an examination approved or administered by the Division for that occupation;
If the person is a contractor, present proof satisfactory to the Division that the person is insured to the extent determined necessary by the Administrator for the appropriate activities for the control of asbestos permitted under the requested license, for the effective period of the license; and
Meet any additional requirement established by the Division.

(Added to NRS by 1989, 1277 ; A 1993, 1887 )

NRS 618.810

NRS

618.810

Issuance of license as contractor on basis of status as qualified employee prohibited.

The Division shall not issue a license as a contractor for projects for the control of asbestos on the basis of a persons status under chapter 624 of NRS as a qualified employee.

(Added to NRS by 1989, 1278 ; A 1993, 1888 )

NRS 618.820

NRS

618.820

Duties of person licensed as contractor.

A person licensed as a contractor for projects for the control of asbestos shall:

If a laboratory is used for any aspect of collecting or analyzing air samples for a project, use only a laboratory which meets the standards adopted by the Division.
If a commercial laboratory is used for any aspect of collecting or analyzing air samples for a project, use only a laboratory in which the contractor or owner of the building or structure has no financial interest, unless the Division by regulation provides otherwise.
Comply with the standards adopted by the Division for projects.
Unless specifically exempted by the Division, refrain from providing any of the services of an inspector, management planner, consultant or project designer on a project.

(Added to NRS by 1989, 1279 ; A 1993, 1888 )

NRS 618.825

NRS

618.825

Employment of unlicensed person by licensed contractor prohibited.

A person licensed as a contractor for projects for the control of asbestos shall not employ to engage in activities directly related to asbestos on his or her projects a person who is not licensed pursuant to NRS 618.795 .

(Added to NRS by 1989, 1279 )

NRS 618.830

NRS

618.830

Inspection of projects.

The Division or a person authorized by the Division shall inspect annually at least one project for the control of asbestos conducted by each contractor licensed pursuant to NRS 618.795 . The contractor shall, upon request of the Division or a person authorized by the Division, allow the inspection of all property, activities and facilities at the project and all related documents and records.

(Added to NRS by 1989, 1280 ; A 1993, 1889 )

NRS 618.835

NRS

618.835

Disciplinary action; owner of building not liable for employment of another contractor after revocation of license of original contractor.

If the Division finds that a person, other than a worker, has violated any of the provisions of NRS 618.780 , 618.790 , 618.820

or 618.825 , or the standards or regulations adopted pursuant to NRS 618.750

to 618.850 , inclusive, it may:

(a) Upon the first violation, impose upon the person an administrative fine of not more than $15,000.

(b) Upon the second and subsequent violations:

(1) Impose upon the person an administrative fine of not more than $25,000; and

(2) If the person is licensed pursuant to NRS 618.795 , revoke his or her license and require the person to fulfill certain training or educational requirements to have the license reinstated.

Ê Any penalty imposed pursuant to this section does not relieve the person from criminal prosecution for engaging in the control of asbestos without a license, nor from the imposition of a penalty pursuant to NRS 445B.640 .

If the license of a contractor for projects for the control of asbestos is revoked pursuant to this section and the owner of a building or structure upon which the contractor is engaged in a project employs another licensed contractor to complete the project, the original contractor may not bring an action against the owner of the building or structure for breach of contract or damages based on the employment of another contractor.

(Added to NRS by 1989, 1279 ; A 1993, 1889 ; 1995, 1645 ; 2013, 2744 )

NRS 618.912

NRS

618.912

Photovoltaic installer defined.

Photovoltaic installer means a person directly engaged with the electrical connection and wiring of a photovoltaic system project in a capacity other than as an inspector, management planner, consultant, project designer, contractor or supervisor for the photovoltaic system project.

(Added to NRS by 2005, 22nd Special Session, 72 )

NRS 618.922

NRS

618.922

Application for license: Requirements and procedures.

A person applying for a license as a photovoltaic installer must:

Submit an application on a form prescribed and furnished by the Division;
Pay all required fees established by the Division by regulation;
Pass an examination approved or administered by the Division for licensure as a photovoltaic installer;
If the person is a contractor, provide proof to the Division that the person has been issued a license of the appropriate classification by the State Contractors Board pursuant to chapter 624 of NRS; and
Meet any additional requirements established by the Division.

(Added to NRS by 2005, 22nd Special Session, 73 )

NRS 618.936

NRS

618.936

Penalty for acting as photovoltaic installer without license or employing or contracting with person to act as installer without license.

Except as otherwise provided in subsection 2, a person shall not:

(a) Act as a photovoltaic installer for a photovoltaic system project unless the person holds a license as a photovoltaic installer issued by the Division; or

(b) Employ or contract with another person to act as a photovoltaic installer for a photovoltaic system project unless the other person holds a license as a photovoltaic installer issued by the Division.

A person is not required to obtain a license from the Division to install or maintain a photovoltaic system project on property that the person owns and occupies as a residence.
A person who violates any provision of this section is guilty of a misdemeanor.

(Added to NRS by 2005, 22nd Special Session, 75 )

MANDATORY OSHA-10 AND OSHA-30 TRAINING FOR CONSTRUCTION INDUSTRY

NRS 622.215

NRS

622.215

Contribution of regulatory body to Fund for Insurance Premiums; conditions and limitations regarding employment of attorney as legal counsel or contracting with attorney to provide services as independent contractor.

Each regulatory body shall contribute to the Fund for Insurance Premiums as required by NRS 331.187 .
If a regulatory body employs an attorney as legal counsel, the attorney may not be employed as legal counsel of another regulatory body.
If a regulatory body retains an attorney to act as legal counsel for the regulatory body as an independent contractor, the attorney:

(a) May contract with more than one regulatory body to act as legal counsel as an independent contractor.

(b) Shall obtain or otherwise carry, before acting as legal counsel for a regulatory body, a policy of professional liability insurance which insures the attorney against any liability arising from acting as legal counsel for the regulatory body.

(Added to NRS by 2017, 2843 )

NRS 622.230

NRS

622.230

Conditions and limitations regarding contracting with person to provide services as independent contractor.

A regulatory body may not contract with a person to provide services to the regulatory body as an independent contractor if the person is the immediate relative of:

A member or employee of the regulatory body; or
A licensee of the regulatory body, unless the regulatory body implements policies and procedures to prevent the person who is the independent contractor from participating in any activities that are directly related to the licensee.

(Added to NRS by 2003, 1186 )

NRS 622.235

NRS

622.235

Duty of Department of Administration to adopt regulations establishing standards for financial operation and administration of regulatory bodies and minimum level of professional liability insurance for independent contractor acting as legal counsel for regulatory body.

The Department of Administration shall adopt regulations establishing standards for the financial operation and administration of regulatory bodies. The regulations must include, without limitation, provisions which establish the minimum level of professional liability insurance that an attorney who contracts with a regulatory body to act as legal counsel must carry pursuant to subsection 3 of NRS 622.215 .

(Added to NRS by 2017, 2844 )

REGULATORY PROCEEDINGS; RECORDS

NRS 623.035

NRS

623.035

Applicability of chapter: Exemptions; limitations.

The following persons are exempt from the provisions of this chapter:

(a) A person engaging in architectural work as an employee of a registered architect or residential designer, if the work does not include responsible charge of design or supervision, or a consultant retained by a registered architect or residential designer.

(b) A person hired by the Federal Government to practice architecture on federal land.

(c) A professional engineer licensed pursuant to the provisions of chapter 625 of NRS who designs buildings as permitted by chapter 625

of NRS.

(d) A contractor licensed pursuant to the provisions of chapter 624 of NRS who provides his or her own drawings for his or her own construction activities.

(e) Any person who prepares plans, drawings or specifications for:

(1) Buildings for his or her own private residential use;

(2) Farm or ranch buildings used as such; or

(3) Buildings owned by that person or his or her employer when an architect, a registered interior designer, a residential designer or a licensed professional engineer is also engaged by that person or his or her employer for work on the same building.

(f) A person engaging in work related to interior design as an employee of a registered interior designer, if the work does not include responsible charge of interior design or supervision, or a consultant retained by a registered interior designer.

(g) Any person who prepares drawings of the layout of materials or furnishings used in interior design or provides assistance in the selection of materials or furnishings used in interior design, including, without limitation:

(1) Decorative accessories;

(2) Wallpaper, wallcoverings or paint;

(3) Linoleum, tile, carpeting or floor coverings;

(4) Draperies, blinds or window coverings;

(5) Lighting fixtures which are not part of a structure;

(6) Plumbing fixtures which are not a part of a structure; and

(7) Furniture or equipment,

Ê if the preparation or implementation of those drawings or the installation of those materials or furnishings is not regulated by any building code or other law, ordinance, rule or regulation governing the alteration or construction of a structure.

(h) Any person who holds a certificate of registration issued by the State Fire Marshal to provide approved interior materials and furnishings used in interior design to the extent authorized by the certificate.

Any person exempted by the provisions of this section is not thereby absolved from any civil or criminal liability that might otherwise accrue.
The exemptions provided by this section do not entitle any person who does not hold a certificate of registration to hold himself or herself out to the public or advertise himself or herself as an architect, registered interior designer or residential designer.

[33:220:1949; 1943 NCL § 537.33]—(NRS A 1959, 494 ; 1963, 821 ; 1973, 1699 ; 1975, 585 ; 1979, 1898 ; 1983, 1924 ; 1993, 2471 ; 1995, 1702 ; 1997, 1035 ; 1999, 2548 )

STATE BOARD OF ARCHITECTURE, INTERIOR DESIGN AND RESIDENTIAL DESIGN

NRS 623.353

NRS

623.353

Residential designer under responsible control of registered architect in rendering services for certain buildings and structures.

A residential designer shall not engage in rendering services for any building or structure not specified in NRS 623.025 unless the residential designer does so under the responsible control of a registered architect. In such cases, the architect is the sole contracting party, has full responsibility for the work performed by the residential designer, shall supervise any work performed by the residential designer and shall file the agreement between the residential designer and the architect with the Secretary of the Board within 10 days after the execution of the agreement.

(Added to NRS by 1975, 579 ; A 1993, 2471 ; 2001, 1791 )

NRS 624.020

NRS

624.020

Contractor synonymous with builder; contractor defined.

Contractor is synonymous with builder.
A contractor is any person, except a registered architect or a licensed professional engineer, acting solely in a professional capacity, who undertakes to, offers to undertake to, purports to have the capacity to undertake to, or submits a bid to, or does himself, herself or itself or by or through an employee or employees of the contractor or of another contractor, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. Evidence of the securing of any permit from a governmental agency or the employment of any person on a construction project must be accepted by the Board or any court of this State as prima facie evidence that the person securing that permit or employing any person on a construction project is acting in the capacity of a contractor pursuant to the provisions of this chapter.
A contractor includes a subcontractor or specialty contractor, but does not include anyone who merely furnishes materials or supplies without fabricating them into, or consuming them in the performance of, the work of a contractor.
A contractor includes a construction manager who performs management and counseling services on a construction project for a professional fee.
A contractor does not include an owner of a planned unit development who enters into one or more oral or written agreements with one or more general building contractors or general engineering contractors to construct a work of improvement in the planned unit development if the general building contractors or general engineering contractors are licensed pursuant to this chapter and contract with the owner of the planned unit development to construct the entire work of improvement.
As used in subsection 2, employee means a natural person who:

(a) Works under the direction and control of a contractor; and

(b) For federal income tax purposes:

(1) Is required by the contractor to complete a Form W-4 for the withholding of federal income taxes from wages paid to the person by the contractor; and

(2) Is provided at the end of each year a Form W-2 for the reporting of wages paid to the person by the contractor.

[2:Art. II:186:1941; A 1955, 378 ] + [3:Art. II:186:1941; 1931 NCL § 1474.11]—(NRS A 1975, 831 ; 1977, 319 ; 1997, 1037 ; 2001, 1621 ; 2003, 1899 , 2140 ;

2005, 1223 ; 2021, 816 )

NRS 624.031

NRS

624.031

Applicability of chapter: Exemptions.

The provisions of this chapter do not apply to:

Work performed exclusively by an authorized representative of the United States Government, the State of Nevada, or an incorporated city, county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this State.
Any entity that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), which:

(a) Enters into a contract or other agreement with the State of Nevada, or an incorporated city, county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this State, to facilitate the repair or maintenance of properties, including, without limitation, weatherization and energy efficiency services;

(b) Facilitates work to be performed on such a property by a person licensed pursuant to this chapter; and

(c) Is a party with the owner of such a property and a person licensed pursuant to this chapter to a contract or agreement for the work on the property.

An officer of a court when acting within the scope of his or her office.
Work performed exclusively by a public utility operating pursuant to the regulations of the Public Utilities Commission of Nevada on construction, maintenance and development work incidental to its business.
An owner of property who is building or improving a residential structure on the property for his or her own occupancy and not intended for sale or lease. The sale or lease, or the offering for sale or lease, of the newly built structure within 1 year after its completion creates a rebuttable presumption for the purposes of this section that the building of the structure was performed with the intent to sell or lease that structure. An owner of property who requests an exemption pursuant to this subsection must apply to the Board for the exemption. The Board shall adopt regulations setting forth the requirements for granting the exemption.
Any work to repair or maintain property the value of which is less than $1,000, including labor and materials, unless:

(a) A building permit is required to perform the work;

(b) The work is of a type performed by a plumbing, electrical, refrigeration, heating or air-conditioning contractor;

(c) The work is of a type performed by a contractor licensed in a classification prescribed by the Board that significantly affects the health, safety and welfare of members of the general public;

(d) The work is performed as a part of a larger project:

(1) The value of which is $500 or more; or

(2) For which contracts of less than $500 have been awarded to evade the provisions of this chapter; or

(e) The work is performed by a person who is licensed pursuant to this chapter or by an employee of that person.

The sale or installation of any finished product, material or article of merchandise which is not fabricated into and does not become a permanent fixed part of the structure.
The construction, alteration, improvement or repair of personal property.
The construction, alteration, improvement or repair financed in whole or in part by the Federal Government and conducted within the limits and boundaries of a site or reservation, the title of which rests in the Federal Government.
An owner of property, the primary use of which is as an agricultural or farming enterprise, building or improving a structure on the property for his or her use or occupancy and not intended for sale or lease.
Construction oversight services provided to a long-term recovery group by a qualified person within a particular geographic area that is described in a proclamation of a state of emergency or declaration of disaster by the State or Federal Government, including, without limitation, pursuant to NRS 414.070 . A long-term recovery group may reimburse such reasonable expenses as the qualified person incurs in providing construction oversight services to that group. Except as otherwise provided in this subsection, nothing in this subsection authorizes a person who is not a licensed contractor to perform the acts described in paragraphs (a) and (b) of subsection 1 of NRS 624.700 . As used in this subsection:

(a) Construction oversight services means the coordination and oversight of labor by volunteers.

(b) Long-term recovery group means a formal group of volunteers coordinating response and recovery efforts related to a state of emergency or disaster that is proclaimed or declared by the State or Federal Government.

(c) Qualified person means a person who possesses the abilities, education, experience, knowledge, skills and training that a long-term recovery group has identified as being necessary to provide construction oversight services for a project to be performed by that group.

A person licensed as a real estate broker, real estate broker-salesperson or real estate salesperson pursuant to chapter 645 of NRS who, acting within the scope of the license or a permit to engage in property management issued pursuant to NRS 645.6052 , assists a client in scheduling work to repair or maintain residential property pursuant to a written brokerage agreement or a property management agreement. Such assistance includes, without limitation, assisting a client in the hiring of any number of licensed contractors to perform the work. Nothing in this subsection authorizes the performance of any work for which a license is required pursuant to this chapter by a person who is not licensed pursuant to this chapter or the payment of any additional compensation to a person licensed as a real estate broker, real estate broker-salesperson or real estate salesperson for assisting a client in scheduling the work. The provisions of this subsection apply only if a building permit is not required to perform the work and if the value of the work does not exceed $10,000 per residential property during the fixed term of the written brokerage agreement, if the assistance is provided pursuant to such an agreement, or during a period not to exceed 6 months if the assistance is provided pursuant to a property management agreement. As used in this subsection:

(a) Brokerage agreement has the meaning ascribed to it in NRS 645.005 .

(b) Property management agreement has the meaning ascribed to it in NRS 645.0192 .

(d) Real estate broker-salesperson has the meaning ascribed to it in NRS 645.035 .

(e) Real estate salesperson has the meaning ascribed to it in NRS 645.040 .

(f) Residential property means:

(1) Improved real estate that consists of not more than four residential units; or

(2) A single-family residential unit, including a condominium, townhouse or home within a subdivision, if the unit is sold, leased or otherwise conveyed unit by unit, regardless of whether the unit is part of a larger building or parcel that consists of more than four units.

[1:Art. III:186:1941; A 1951, 47 ] + [2:Art. III:186:1941; 1943 NCL § 1474.14] + [3:Art. III:186:1941; A 1951, 47 ] + [4:Art. III:186:1941; A 1947, 307 ; 1951, 47 ] + [5:Art. III:186:1941; 1931 NCL § 1474.17] + [6:Art. III:186:1941; 1931 NCL § 1474.18] + [7:Art. III:186:1941; A 1951, 47 ] + [9:Art. III:186:1941; A 1947, 307 ; 1943 NCL § 1474.21]—(NRS A 1975, 1167 ; 1987, 1730 ; 1989, 1629 ; 1997, 2019 , 3162 ;

2001, 2409 ; 2007, 855 ; 2009, 763 ; 2013, 578 ; 2017, 3963 )

NRS 624.035

NRS

624.035

County or municipality may impose additional requirements for contractors license.

The provisions of this chapter shall not be construed to prevent the governing body of any county or incorporated city requiring an additional contractors license within such political subdivision issued subject to the applicant meeting such additional standards as are reasonable and necessary for the protection of the public in the political subdivision.

[5:Art. VIII:186:1941; added 1955, 378 ]

STATE CONTRACTORS BOARD

NRS 624.050

NRS

624.050

Qualifications of members.

Six members of the Board must each:

(a) At the time of appointment, hold an unexpired license to operate as a contractor.

(b) Be a contractor actively engaged in the contracting business and must have been so engaged for not less than 5 years preceding the date of his or her appointment.

One member of the Board must be a representative of the general public. This member must not be:

(a) A licensed contractor; or

(b) The spouse or the parent or child, by blood, marriage or adoption, of a licensed contractor.

[2:Art. I:186:1941; 1931 NCL § 1474.02]—(NRS A 1985, 47 ; 2003, 1188 )

NRS 624.100

NRS

624.100

Appointment of committees; adoption of bylaws, rules of procedure and regulations; advisory committees.

The Board may appoint such committees and make such reasonable bylaws, rules of procedure and regulations as are necessary to carry out the provisions of this chapter.
The Board may establish advisory committees composed of its members or employees, homeowners, contractors or other qualified persons to provide assistance with respect to fraud in construction, or in any other area that the Board considers necessary.
If an advisory committee is established, the Board shall:

(a) Select five members for the committee from a list of volunteers approved by the Board; and

(b) Adopt rules of procedure for informal conferences of the committee.

If an advisory committee is established, the members:

(a) Serve at the pleasure of the Board.

(b) Serve without compensation, but must be reimbursed for travel expenses necessarily incurred in the performance of their duties. The rate must not exceed the rate provided for state officers and employees generally.

(c) Shall provide a written summary report to the Board, within 15 days after the final informal conference of the committee, that includes recommendations with respect to actions that are necessary to reduce and prevent the occurrence of fraud in construction, or on such other issues as requested by the Board.

The Board is not bound by any recommendation made by an advisory committee.

[Part 5:Art. I:186:1941; 1931 NCL § 1474.05]—(NRS A 1997, 2687 ; 2011, 322 ; 2015, 2004 )

NRS 624.105

NRS

624.105

Designation of Ombudsman for Residential Pools and Spas; duties.

The Board shall designate an employee as Ombudsman for Residential Pools and Spas.
The Ombudsman for Residential Pools and Spas shall:

(a) Assist owners of single-family residences and contractors to understand their rights and responsibilities as set forth in NRS 624.900 to 624.965 , inclusive, and any regulations adopted pursuant thereto.

(b) Notify the Board if it appears that any person has engaged in any act or practice that constitutes a violation of any of the provisions of this chapter or any regulations adopted pursuant thereto.

(Added to NRS by 2001, 2980 )

NRS 624.115

NRS

624.115

Employment of necessary personnel; authority of Board concerning criminal investigators and compliance investigators employed by Board.

The Board may employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
The Board may require criminal investigators who are employed by the Board pursuant to NRS 624.112 to:

(a) Conduct a background investigation of:

(1) A licensee or an applicant for a contractors license; or

(2) An applicant for employment with the Board;

(b) Locate and identify persons who:

(1) Engage in the business or act in the capacity of a contractor within this State in violation of the provisions of this chapter;

(2) Submit bids on jobs situated within this State in violation of the provisions of this chapter; or

(3) Otherwise violate the provisions of this chapter or the regulations adopted pursuant to this chapter;

(d) Issue a misdemeanor citation prepared manually or electronically pursuant to NRS 171.1773 to a person who violates a provision of this chapter that is punishable as a misdemeanor. A criminal investigator may request any constable, sheriff or other peace officer to assist in the issuance of such a citation.

The Board may require compliance investigators who are employed by the Board pursuant to NRS 624.112 to locate and identify persons who:

(a) Engage in the business or act in the capacity of a contractor within this State in violation of the provisions of this chapter;

(b) Submit bids on jobs situated within this State in violation of the provisions of this chapter; or

(Added to NRS by 1963, 145 ; A 1995, 926 ; 1999, 2954 ; 2001, 213 ; 2003, 1899 ; 2007, 856 )

NRS 624.120

NRS

624.120

Seal.

The Board shall adopt a seal for its own use. The seal must have imprinted thereon the words State Contractors Board, State of Nevada. The Executive Officer has the care and custody of the seal. A person shall not use, copy or reproduce the seal in any way not authorized by this chapter or the regulations of the Board.

[7:Art. I:186:1941; 1931 NCL § 1474.07]—(NRS A 1985, 1052 ; 1999, 2178 )

NRS 624.160

NRS

624.160

Administration of chapter; provision of information to public concerning contractors and contracting; advisory opinions; investigation of persons acting as contractors.

The Board is vested with all of the functions and duties relating to the administration of this chapter.
The Board shall:

(a) Carry out a program of education for customers of contractors.

(b) Maintain and make known a telephone number for the public to obtain information about self-protection from fraud in construction and other information concerning contractors and contracting.

The Board may provide advisory opinions and take other actions that are necessary for the effective administration of this chapter and the regulations of the Board.
The Board may, on its own motion, and shall, upon receipt of a written complaint or upon receipt of information from a governmental agency, investigate the actions of any person acting in the capacity of a contractor, with or without a license.

[Part 5:Art. I:186:1941; 1931 NCL § 1474.05]—(NRS A 1997, 2687 ; 2007, 857 )

NRS 624.165

NRS

624.165

Investigation of constructional fraud.

The Board shall:

(a) Designate one or more of its employees for the investigation of constructional fraud;

(b) Cooperate with other local, state or federal investigative and law enforcement agencies, and the Attorney General;

(c) Assist the Attorney General or any official of an investigative or a law enforcement agency of this State, any other state or the Federal Government who requests assistance in investigating any act of constructional fraud; and

(d) Furnish to those officials any information concerning its investigation or report on any act of constructional fraud.

The Board may obtain records of a law enforcement agency or any other agency that maintains records of criminal history, including, without limitation, records of:

(a) Arrests;

(b) Guilty and guilty but mentally ill pleas;

(d) Probation;

(e) Parole;

(f) Bail;

(g) Complaints; and

(h) Final dispositions,

Ê for the investigation of constructional fraud.

For the purposes of this section, constructional fraud occurs if a person engaged in construction knowingly:

(a) Misapplies money under the circumstances described in NRS 205.310 ;

(b) Obtains money, property or labor by false pretense as described in NRS 205.380 ;

(c) Receives payments and fails to state his or her own true name, or states a false name, contractors license number, address or telephone number of the person offering a service;

(d) Diverts money or commits any act of theft, forgery, fraud or embezzlement, in connection with a construction project, that violates a criminal statute of this State;

(e) Acts as a contractor without:

(1) Possessing a contractors license issued pursuant to this chapter; or

(2) Possessing any other license required by this State or a political subdivision of this State;

(f) In any report relating to a contract for a public work, submits false information concerning a payroll to a public officer or agency; or

(g) Otherwise fails to disclose a material fact.

(Added to NRS by 1997, 2686 ; A 1999, 2954 ; 2003, 1900 , 2140 ;

2007, 1469 )

NRS 624.212

NRS

624.212

Cease and desist order for unlicensed activity: Issuance; service; actions that Board is authorized or required to take after issuance; petition to lift or alter order; authority of Board to consider order when considering application for license; fine imposed by court for violation of order.

The Executive Officer, on behalf of the Board, shall issue an order to cease and desist to any person:

(a) Acting as a contractor, including, without limitation, commencing work as a contractor; or

(b) Submitting a bid on a job situated in this State,

Ê without a valid license issued pursuant to this chapter. The order must be served personally or by certified mail and is effective upon receipt. For the purposes of this section, a person shall be deemed to have a valid license if the person has an active license and is performing work in conformity with the requirements of subsection 4 of NRS 624.220 .

After confirming that the cease and desist order has been received by the person to whom it was issued, the Board shall return to the job site or take any other action required to confirm that the terms of the cease and desist order have been complied with. The person to whom the cease and desist order was issued may, while in the course of stopping work on the job, take any necessary action within 48 hours after receiving the cease and desist order to protect the public, the project, any other contractors, laborers and equipment on the site and to limit the loss of any perishable goods.
After issuing a cease and desist order, the Board shall:

(a) For a first violation which does not involve theft or fraud, issue an administrative citation pursuant to NRS 624.341 and impose an administrative fine against the person in accordance with NRS 624.710 , in addition to any reasonable investigatory fees and costs.

(b) For a second or subsequent violation, or for any first violation involving theft or fraud, take any or all of the following actions:

(1) Issue an administrative citation pursuant to NRS 624.341 and impose an administrative fine against the person in accordance with NRS 624.710 , in addition to any reasonable investigatory fees and costs.

(2) Report the violation of the provisions of this chapter for possible criminal prosecution pursuant to NRS 624.700 . If the violation is prosecuted, the Board shall provide any reasonable assistance in the prosecution.

After issuing a cease and desist order, in addition to the actions required by subsection 3, the Board may:

(a) Require the person to submit a bona fide application for the issuance of a license pursuant to this chapter within a reasonable period established by the Board.

(b) If the Board determines that any term of the cease and desist order has not been complied with and no exception applies, apply for injunctive relief pursuant to the Nevada Rules of Civil Procedure to enjoin the person to whom the cease and desist order was issued from continuing to violate the cease and desist order in any county in which the person may be found. If such an action is filed, irreparable injury is presumed and the likelihood of success on the merits may be established by a showing that, on the date the cease and desist order was issued, the person did not hold a valid license issued pursuant to this chapter and had bid for or undertaken work for which such a license is required.

When assessing an administrative fine pursuant to this section, the Board may:

(a) Require the person to whom the cease and desist order was issued to remedy any loss or damage caused by the unlicensed activity for which the order was issued, including, without limitation, the disgorgement of any amount of money collected from the owner of the project that was not for material delivered to the job site and that has not been damaged or altered by the person;

(b) Reduce or stay any administrative fine imposed pursuant to subsection 3 pending completion by the person of a program of training or an examination required by the Board; or

(c) Reduce or stay any administrative fine imposed pursuant to subsection 3 if the person obtains a valid license issued pursuant to this chapter.

When imposing an administrative fine pursuant to this section, the Board shall impose the maximum administrative fine established pursuant to this chapter for the unlicensed activity if more than one of the following circumstances exist:

(a) The person has previously committed the same or a similar violation as the violation for which the administrative fine is imposed;

(b) The unlicensed activity involves more than one trade or craft;

(d) The unlicensed activity involved an elderly person or a person with a diagnosed physical or mental disability; or

(e) The unlicensed activity was for a project having a contract value in excess of $50,000.

Within 15 business days after receiving a cease and desist order, the person against whom the order was issued may petition the Board in writing to lift or alter the order. The petition may assert:

(a) As an absolute defense:

(1) Licensure of the person pursuant to this chapter;

(2) Any applicable exception to licensure set forth in NRS 624.031 ; or

(3) Misidentification of the person.

(b) As a partial defense:

(1) Overbreadth of any term of the cease and desist order;

(2) Vagueness or ambiguity of any term of the cease and desist order;

(3) Consideration of any necessary action taken by the person to protect the public, the project, any other contractors, laborers and any equipment on the job site and to limit any loss of perishable goods; or

(4) Any other deficiency in the terms of the cease and desist order.

After considering any assertion made in a petition pursuant to:

(a) Paragraph (a) of subsection 7, the Board shall, if facts are established to the satisfaction of the Board to support the absolute defense asserted in the petition, vacate the cease and desist order or any portion thereof.

(b) Paragraph (b) of subsection 7, the Board shall, if facts are established to the satisfaction of the Board to support the partial defense asserted in the petition, reasonably clarify any terms of the cease and desist order requested by the petitioner.

When considering an application for the issuance of a license pursuant to this chapter, the Board may consider:

(a) Any cease and desist order issued against the applicant;

(b) Compliance by the applicant with any cease and desist order issued against him or her;

(d) The payment by the applicant of any criminal or administrative fine and any administrative fee or cost imposed against the applicant.

If the court finds that a person violated an order issued pursuant to subsection 1 without an established absolute defense set forth in paragraph (a) of subsection 7, it shall impose a fine of not less than $250 nor more than $1,000 for each violation of the order.

(Added to NRS by 1975, 1160 ; A 1983, 311 , 509 ;

1987, 1047 , 1138 ;

1995, 926 ; 2003, 2141 ; 2019, 154 , 1606 ;

2023, 1017 )

PERSONS AUTHORIZED TO PERFORM CERTAIN TYPES OF WORK FOR CONTRACTOR

NRS 624.213

NRS

624.213

Persons authorized to perform work requiring a license and work not requiring a license for a contractor.

A contractor may perform work that requires a contractors license:

(a) Himself, herself or itself; or

(b) By or through an employee or employees of the contractor or of another contractor.

Work that does not require a contractors license may be performed for and under the direction and control of a contractor by a person who is:

(a) Described in subsection 1; or

(b) Employed by a private employment agency that is licensed by the Labor Commissioner pursuant to NRS 611.045 .

As used in subsection 1, employee has the meaning ascribed to it in subsection 6 of NRS 624.020 .

(Added to NRS by 2021, 816 )

CLASSIFICATIONS

NRS 624.215

NRS

624.215

Contracting business.

For the purpose of classification, the contracting business includes the following branches:

(a) General engineering contracting.

(b) General building contracting.

Ê General engineering contracting and general building contracting are mutually exclusive branches.

A general engineering contractor is a contractor whose principal contracting business is in connection with fixed works, including irrigation, drainage, water supply, water power, flood control, harbors, railroads, highways, tunnels, airports and airways, sewers and sewage disposal systems, bridges, inland waterways, pipelines for transmission of petroleum and other liquid or gaseous substances, refineries, chemical plants and industrial plants requiring a specialized engineering knowledge and skill, power plants, piers and foundations and structures or work incidental thereto.
Except as otherwise provided in subsections 5 and 6, a general building contractor is a contractor whose principal contracting business is in connection with the construction or remodeling of buildings or structures for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, requiring in their construction the use of more than two unrelated building trades or crafts, upon which he or she is a prime contractor and where the construction or remodeling of a building is the primary purpose. Unless he or she holds the appropriate specialty license, a general building contractor may only contract to perform specialty contracting if he or she is a prime contractor on a project. Except as otherwise provided in subsection 4 of NRS 624.220 , a general building contractor shall not perform specialty contracting in plumbing, electrical, refrigeration and air-conditioning or fire protection without a license for the specialty. A person who is licensed pursuant to chapter 489 of NRS and who exclusively constructs or repairs mobile homes, manufactured homes or commercial coaches is not a general building contractor.
A specialty contractor is a contractor whose operations as such are the performance of construction work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts.
A general engineering contractor, when acting as a prime contractor, may hire not more than one general building contractor to provide any work, materials or equipment as specified in subsection 3 on a single construction project.
A general building contractor may contract to provide management and counseling services on a construction project for a professional fee. A general building contractor who has contracted to provide management and counseling services:

(a) Must have an active license in the same classifications and subclassifications that are required to be held by the prime contractor on the project.

(b) May hire not more than one general building contractor to provide any work, materials or equipment as specified in subsection 3 on a single construction project.

A single construction project must be limited to not more than one general building contractor who provides management and counseling services for a professional fee and not more than one general building contractor who provides any work, materials or equipment as specified in subsection 3.
Except as otherwise provided in this subsection, each construction project must have one, but not more than one, prime contractor who is a licensed contractor and is responsible for the work, materials and equipment for the construction project. A construction project is not required to have a prime contractor if the work for the construction project or the person providing the work for the construction project is exempt pursuant to NRS 624.031 .
This section does not prevent the Board from establishing, broadening, limiting or otherwise effectuating classifications in a manner consistent with established custom, usage and procedure found in the building trades. The Board is specifically prohibited from establishing classifications in such a manner as to determine or limit craft jurisdictions.
As used in this section, prime contractor means:

(a) A general engineering contractor who enters into an oral or written agreement with an owner of a construction project or an agent of an owner to provide any work, materials or equipment for which the general engineering contractor is licensed;

(b) A general building contractor who enters into an oral or written agreement with an owner of a construction project or an agent of an owner to provide any work, materials or equipment for which the general building contractor is licensed;

(c) A general engineering contractor and general building contractor who enter into an oral or written agreement with an owner of a construction project or an agent of an owner to provide any work, materials or equipment for which the general engineering contractor and general building contractor are licensed; or

(d) A specialty contractor who enters into an oral or written agreement with an owner of a construction project or an agent of an owner to provide:

(1) Any work, materials or equipment for which the specialty contractor is licensed; and

(2) Any other work which is incidental and supplemental thereto.

(Added to NRS by 1967, 1594 ; A 1971, 600 ; 1983, 311 ; 1997, 212 , 2687 ;

2019, 158 , 1607 ,

1612 ;

2023, 63 )

NRS 624.220

NRS

624.220

Contractors; monetary limit on license; regulations.

The Board shall adopt regulations necessary to effect the classification and subclassification of contractors in a manner consistent with established usage and procedure as found in the construction business, and may limit the field and scope of the operations of a licensed contractor to those in which the contractor is classified and qualified to engage as defined by NRS 624.215 and the regulations of the Board.
The Board shall limit the field and scope of the operations of a licensed contractor by establishing a monetary limit on a contractors license, and the limit must be the maximum contract a licensed contractor may undertake on one or more construction contracts on a single construction site or subdivision site for a single client. The Board may take any other action designed to limit the field and scope of the operations of a contractor as may be necessary to protect the health, safety and general welfare of the public. The limit must be determined after consideration of the factors set forth in NRS 624.260 to 624.265 , inclusive.
A licensed contractor may request that the Board increase the monetary limit on his or her license, either on a permanent basis or for a single construction project. A request submitted to the Board pursuant to this subsection must be in writing on a form prescribed by the Board and accompanied by such supporting documentation as the Board may require. A request submitted pursuant to this section for a single construction project must be submitted to the Board at least 5 working days before the date on which the licensed contractor intends to submit a bid for the project and must be approved by the Board before the submission of a bid by the contractor for the project.
Subject to the provisions of regulations adopted pursuant to subsection 5, nothing contained in this section prohibits:

(a) A specialty contractor from taking and executing a contract involving the use of two or more crafts or trades, if the performance of the work in the crafts or trades, other than in which the specialty contractor is licensed, is incidental and supplemental to the performance of work in the craft for which the specialty contractor is licensed.

(b) Except as otherwise provided in this paragraph, a licensed contractor from performing work of a type for which the contractor does not have a license in the applicable classification or subclassification if the value of the work is less than $1,000, including labor and materials, and the work does not require a permit. A licensed contractor shall not perform work of a type for which the contractor does not have a license in the applicable classification or subclassification if the work is of a type performed by a plumbing, electrical, refrigeration or air-conditioning contractor.

The Board shall adopt regulations establishing a specific limit on the amount of asbestos that a licensed contractor with a license that is not classified for the abatement or removal of asbestos may abate or remove pursuant to subsection 4.

[1:Art. III—A:186:1941; added 1945, 296 ; 1943 NCL § 1474.21a]—(NRS A 1960, 353 ; 1963, 694 ; 1967, 1592 ; 1971, 180 ; 1979, 321 ; 1999, 2178 , 2956 ;

2007, 1550 ; 2011, 199 ; 2019, 1607 )

LICENSES

NRS 624.240

NRS

624.240

Issuance of licenses; use of examinations to investigate, classify and qualify applicants; additional qualifications for masters license; transitory provision.

Under reasonable regulations adopted by the Board, the Board may investigate, classify and qualify applicants for contractors licenses by written or oral examinations, or both, and may issue contractors licenses to qualified applicants. The examinations may, in the discretion of the Board, be given in specific classifications only.
If a natural person passes the technical examination given by the Board on or after July 1, 1985, to qualify for a classification established pursuant to this chapter, demonstrates to the Board the degree of experience and knowledge required in the regulations of the Board, and is granted a license, the person is qualified for a masters license, if issued by any political subdivision, in the classification for which the examination was given, if the examination required the person to demonstrate his or her knowledge and ability to:

(a) Utilize and understand;

(b) Direct and supervise work in compliance with; and

Ê the applicable codes, standards and regulations.

If a natural person qualified for a license before July 1, 1985, in accordance with NRS 624.260 in a trade for which a masters license is required by any political subdivision, and if the license is active on or after July 1, 1985, and if the person so qualified wishes to obtain a masters license, the person must pass either the appropriate examination given by the Board on or after July 1, 1985, in accordance with NRS 624.260 and the regulations of the Board, or the examination given by the political subdivision in the trade for which a masters license is required.

[1:Art. IV:186:1941; A 1945, 296 ; 1953, 521 ; 1955, 378 ]—(NRS A 1985, 1056 )

NRS 624.241

NRS

624.241

Program for issuance of license in expedited manner.

The Board may establish a program for the issuance of a license in an expedited manner. The Board shall not allow the operation of the program for the issuance of a license in an expedited manner to affect adversely the amount of time the Board requires to issue any other contractors license.

(Added to NRS by 1999, 2177 )

NRS 624.245

NRS

624.245

Temporary prohibition of certain violators from taking examination.

The Board may prohibit a person who has been convicted of violating NRS 624.700 or 624.740 from taking a written or oral examination for a contractors license for a period of not more than 6 months from the date of conviction.

(Added to NRS by 1975, 1159 ; A 1995, 927 )

NRS 624.250

NRS

624.250

Application for issuance or renewal of license: Contents; fees and assessments; contributions to Construction Education Account.

To obtain or renew a license, an applicant must submit to the Board an application in writing containing:

(a) The statement that the applicant desires the issuance of a license under the terms of this chapter.

(b) The street address or other physical location of the applicants place of business.

(d) The street address or other physical location in this State and, if different, the mailing address, for service of process on the applicant.

(e) Except as otherwise provided in paragraph (f) or (g), the names and physical and mailing addresses of any owners, partners, officers, directors, members and managerial personnel of the applicant.

(f) If the applicant is a corporation, the names and physical and mailing addresses of the president, secretary, treasurer, any officers responsible for contracting activities in this State, any officers responsible for renewing the license of the applicant, any persons used by the applicant to qualify pursuant to NRS 624.260

and any other persons required by the Board.

(g) If the applicant is a limited-liability company, the names and physical and mailing addresses of any managers or members with managing authority, any managers or members responsible for contracting activities in this State, any managers or members responsible for renewing the license of the applicant, any persons used by the applicant to qualify pursuant to NRS 624.260 and any other persons required by the Board.

(h) Any information requested by the Board to ascertain the background, financial responsibility, experience, knowledge and qualifications of the applicant.

(i) All information required to complete the application.

The application must be:

(a) Made on a form prescribed by the Board in accordance with the rules and regulations adopted by the Board.

(b) Accompanied by the application fee fixed by this chapter.

The Board shall include on an application form for the issuance or renewal of a license, a method for allowing an applicant to make a monetary contribution to the Construction Education Account created pursuant to NRS 624.580 . The application form must state in a clear and conspicuous manner that a contribution to the Construction Education Account is voluntary and is in addition to any fees required for licensure. If the Board receives a contribution from an applicant, the Board shall deposit the contribution with the State Treasurer for credit to the Construction Education Account.
Before issuing a license to any applicant, the Board shall require the applicant to pay the license fee fixed by this chapter and, if applicable, any assessment required pursuant to NRS 624.470 .

[2:Art. IV:186:1941; 1931 NCL § 1474.23]—(NRS A 1997, 2113 ; 1999, 2957 ; 2001, 2411 ; 2005, 2705 , 2807 ;

2007, 857 )

NRS 624.256

NRS

624.256

Proof of industrial insurance; notification of Fraud Control Unit for Industrial Insurance of failure to obtain industrial insurance; disciplinary action; penalty for failure to pay contributions to Unemployment Compensation Fund.

Before granting an original or renewal of a contractors license to any applicant, the Board shall require that the applicant submit to the Board:

(a) Proof of industrial insurance and insurance for occupational diseases which covers the applicants employees;

(b) A copy of the applicants certificate of qualification as a self-insured employer which was issued by the Commissioner of Insurance;

(c) If the applicant is a member of an association of self-insured public or private employers, a copy of the certificate issued to the association by the Commissioner of Insurance; or

(d) An affidavit signed by the applicant affirming that he or she is not subject to the provisions of chapters 616A to 616D , inclusive, or chapter 617 of NRS because the applicant:

(1) Has no employees;

(2) Is not or does not intend to be a subcontractor for a principal contractor; and

(3) Has not or does not intend to submit a bid on a job for a principal contractor or subcontractor.

The Board shall notify the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420 whenever the Board learns that an applicant or holder of a contractors license has engaged in business as or acted in the capacity of a contractor within this State without having obtained or maintained industrial insurance or insurance for occupational diseases in violation of the provisions of chapters 616A

to 617 , inclusive, of NRS.

Failure by an applicant or holder of a contractors license to file or maintain in full force the required industrial insurance and insurance for occupational diseases constitutes cause for the Board to deny, revoke, suspend, refuse to renew or otherwise discipline the person, unless the person has complied with the provisions set forth in paragraph (d) of subsection 1.
As soon as practicable, but not more than 3 business days after receiving notice from the Department of Employment, Training and Rehabilitation pursuant to NRS 612.642 that a judgment has been obtained against a contractor for failure to pay contributions to the Unemployment Compensation Fund or from the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 616B.630 that a contractor is not in full compliance with the requirements of chapters 616A to 617 , inclusive, of NRS, the Board shall notify the contractor by mail at the last known address of the contractor, as it appears in the records of the Board, that the Board will suspend the license of the contractor if the contractor does not furnish proof, within 30 days after the date of the notice sent by the Board, that the contractor has satisfied the judgment reported to the Board pursuant to NRS 612.642 or is in full compliance with the requirements of chapters 616A to 617 , inclusive, of NRS.
If the contractor fails to furnish proof, within 30 days after the date of the notice sent by the Board pursuant to subsection 4, that the contractor has satisfied the judgment reported to the Board pursuant to NRS 612.642 or is in full compliance with the requirements of chapters 616A to 617 , inclusive, of NRS, the Board shall, as soon as practicable, but not more than 3 business days after the expiration of the 30-day period, for a first offense:

(a) Summarily suspend the license of the contractor without further notice pursuant to subsection 4 of NRS 624.291 ; and

(b) Require the contractor to submit to the Board a list of all projects for which the contractor has unfulfilled contractual obligations where the contract was entered into on or before the date of the notice sent by the Board pursuant to subsection 4.

If a contractors license is suspended pursuant to paragraph (a) of subsection 5:

(a) The suspension must continue until the contractor furnishes proof that the contractor has satisfied the judgment reported to the Board pursuant to NRS 612.642 or is in full compliance with the requirements of chapters 616A to 617 , inclusive, of NRS;

(b) During the term of the suspension, the contractor shall not submit any bids for any new work or begin work on any project not described in the list submitted to the Board pursuant to paragraph (b) of subsection 5; and

(1) The Office of the Labor Commissioner, which shall, as soon as practicable, but not more than 3 business days after receipt of the notice, add the name of the contractor to the list of contractors who are disqualified to bid on public works; and

(2) The State Public Works Board, which shall, as soon as practicable, but not more than 3 business days after receipt of the notice, add the name of the contractor to the list of contractors who are not prequalified to bid on public works.

If the name of a contractor is added to a list pursuant to paragraph (c) of subsection 6, the Office of the Labor Commissioner or the State Public Works Board, as applicable, shall remove the name from the list when notified by the Board that the suspension has been lifted pursuant to paragraph (a) of subsection 6.
If the Board finds that a contractor has failed to provide a complete list of projects in accordance with paragraph (b) of subsection 5 or has violated paragraph (b) of subsection 6, the Board shall:

(a) For a first offense, suspend the contractors license for an additional 12 months after the contractor furnishes the proof described in paragraph (a) of subsection 6; and

(b) For a second or subsequent offense, conduct a hearing pursuant to NRS 624.291 , and, if it is determined at the hearing that a second or subsequent offense has been committed, revoke the contractors license.

If a contractor for whom the suspension of a contractors license has been lifted after providing the proof required pursuant to paragraph (a) of subsection 6 receives notice from the Board pursuant to subsection 4 within 5 years after the date of reinstatement and the contractor fails to furnish proof, within 30 days after the date of the notice sent by the Board, that the contractor has satisfied the judgment reported to the Board pursuant to NRS 612.642 or is in full compliance with the requirements of chapters 616A to 617 , inclusive, of NRS, the Board shall conduct a hearing pursuant to NRS 624.291 and, if it is determined at the hearing that a second or subsequent offense has been committed within a 5-year period, revoke the contractors license.

(Added to NRS by 1983, 541 ; A 1987, 1138 ; 1993, 781 ; 1995, 1879 ; 1999, 237 ; 2007, 858 ; 2013, 2208 )

NRS 624.260

NRS

624.260

Applicant or licensee required to demonstrate experience, knowledge and financial responsibility; qualifications concerning experience and knowledge; limitations on qualifications of natural person.

The Board shall require an applicant or licensee to show such a degree of experience, financial responsibility and such general knowledge of the building, safety, health and lien laws of the State of Nevada and the administrative principles of the contracting business as the Board deems necessary for the safety and protection of the public.
An applicant or licensee may qualify in regard to his or her experience and knowledge in the following ways:

(a) If a natural person, the applicant or licensee may qualify by personal appearance or by the appearance of his or her responsible managing employee.

(b) If a copartnership, a corporation or any other combination or organization, it may qualify by the appearance of the responsible managing officer or member of the personnel of the applicant firm.

Ê If an applicant or licensee intends to qualify pursuant to this subsection by the appearance of another person, the applicant or licensee shall submit to the Board such information as the Board determines is necessary to demonstrate the duties and responsibilities of the other person so appearing with respect to the supervision and control of the operations of the applicant or licensee relating to construction.

The natural person qualifying on behalf of another natural person or firm under paragraphs (a) and (b) of subsection 2 must prove that he or she is a bona fide member or employee of that person or firm and when his or her principal or employer is actively engaged as a contractor shall exercise authority in connection with the principal or employers contracting business in the following manner:

(a) To make technical and administrative decisions;

(b) To hire, superintend, promote, transfer, lay off, discipline or discharge other employees and to direct them, either by himself or herself or through others, or effectively to recommend such action on behalf of the principal or employer; and

(c) To devote himself or herself solely to the principal or employers business and not to take any other employment which would conflict with his or her duties under this subsection.

If, pursuant to subsection 2, an applicant or licensee intends to qualify by the appearance of another person, the Board may inquire into and consider any previous business experience of, and any prior and pending lawsuits, liens and judgments against, the other person.
A natural person may not qualify on behalf of another for more than one active license unless:

(a) One person owns at least 25 percent of each licensee for which the person qualifies;

(b) One licensee owns at least 25 percent of the other licensee; or

Except as otherwise provided in subsection 7, in addition to the other requirements set forth in this section, each applicant for licensure as a contractor must have had, within the 15 years immediately preceding the filing of the application for licensure, at least 4 years of experience as a journeyman, foreman, supervising employee or contractor in the specific classification in which the applicant is applying for licensure. Training received in a program offered at an accredited college or university or an equivalent program accepted by the Board may be used to satisfy not more than 3 years of experience required pursuant to this subsection.
If the applicant who is applying for licensure has previously qualified for a contractors license in the same classification in which the applicant is applying for licensure, the experience required pursuant to subsection 6 need not be accrued within the 15 years immediately preceding the application.
As used in this section, journeyman means a person who:

(a) Is fully qualified to perform, without supervision, work in the classification in which the person is applying for licensure; or

(b) Has successfully completed:

(1) A program of apprenticeship for the classification in which the person is applying for licensure that has been approved by the State Apprenticeship Council; or

(2) An equivalent program accepted by the Board.

[3:Art. IV:186:1941; A 1951, 47 ]—(NRS A 1967, 1593 ; 1985, 1056 ; 1999, 2179 ; 2015, 2005 ; 2019, 2032 )

NRS 624.262

NRS

624.262

Financial responsibility of applicant or licensee: Demonstration required.

A licensee or an applicant for a contractors license must prove financial responsibility by demonstrating that his or her past and current financial solvency and expectations for financial solvency in the future are such as to provide the Board with a reasonable expectation that the licensee or applicant can successfully do business as a contractor without jeopardy to the public health, safety and welfare.

(Added to NRS by 1999, 2953 )

NRS 624.263

NRS

624.263

Financial responsibility of applicant or licensee: Standards and criteria for determination.

The financial responsibility of a licensee or an applicant for a contractors license must be established independently of and without reliance on any assets or guarantees of any owners or managing officers of the licensee or applicant or any person who qualifies on behalf of the licensee or applicant pursuant to subsection 2 of NRS 624.260 , but the financial responsibility of the following persons may be inquired into and considered as a criterion in determining the financial responsibility of the licensee or applicant:

(a) Any owner of the licensee or applicant;

(b) Any managing officer of the licensee or applicant; or

The financial responsibility of an applicant for a contractors license or of a licensed contractor may be determined by using the following standards and criteria in connection with each applicant or contractor and each associate or partner thereof:

(a) Amount of net worth.

(b) Amount of liquid assets.

(d) Amount of current liabilities.

(e) Amount of working capital.

(f) Ratio of current assets to current liabilities.

(g) Fulfillment of bonding requirements pursuant to NRS 624.270 .

(h) Prior payment and credit records.

(i) Previous business experience.

(j) Prior and pending lawsuits.

(k) Prior and pending liens.

(l) Adverse judgments.

(m) Conviction of a felony or crime involving moral turpitude.

(n) Prior suspension or revocation of a contractors license in Nevada or elsewhere.

(o) An adjudication of bankruptcy or any other proceeding under the federal bankruptcy laws, including:

(1) A composition, arrangement or reorganization proceeding;

(2) The appointment of a receiver of the property of the applicant or contractor or any officer, director, associate or partner thereof under the laws of this State or the United States; or

(3) The making of an assignment for the benefit of creditors.

(p) Form of business organization, corporate or otherwise.

(q) Information obtained from confidential financial references and credit reports.

(r) Reputation for honesty and integrity of the applicant or contractor or any officer, director, associate or partner thereof.

A licensed contractor shall, as soon as it is reasonably practicable, notify the Board in writing upon the filing of a petition or application relating to the contractor that initiates any proceeding, appointment or assignment set forth in paragraph (o) of subsection
The written notice must be accompanied by:

(a) A copy of the petition or application filed with the court; and

(b) A copy of any order of the court which is relevant to the financial responsibility of the contractor, including any order appointing a trustee, receiver or assignee.

Before issuing a license to an applicant who will engage in residential construction or renewing the license of a contractor who engages in residential construction, the Board may require the applicant or licensee to establish financial responsibility by submitting to the Board:

(a) A financial statement that is:

(1) Prepared by a certified public accountant; or

(2) Submitted on a form or in a format prescribed by the Board together with an affidavit which verifies the accuracy of the financial statement; and

(b) A statement setting forth the number of building permits issued to and construction projects completed by the licensee during the immediately preceding year and any other information required by the Board. The statement submitted pursuant to this paragraph must be provided on a form approved by the Board.

In addition to the requirements set forth in subsection 4, the Board may require a licensee to establish financial responsibility at any time.
An applicant for an initial contractors license or a licensee applying for the renewal of a contractors license has the burden of demonstrating financial responsibility to the Board, if the Board requests the applicant or licensee to do so.

(Added to NRS by 1967, 1594 ; A 1969, 939 ; 1993, 926 ; 1999, 2958 ; 2001, 2412 ; 2005, 1200 ; 2007, 859 ; 2015, 2006 )

NRS 624.264

NRS

624.264

Financial responsibility of applicant or licensee: Additional requirements for certain applicants and licensees engaged in residential construction.

In addition to any other requirements set forth in this chapter, if an applicant will engage in residential construction and the applicant or the natural person qualifying on behalf of the applicant pursuant to NRS 624.260

has not held a contractors license issued pursuant to this chapter within the 2 years immediately preceding the date that the application is submitted to the Board, the Board shall require the applicant to establish financial responsibility by submitting to the Board:

(a) A financial statement that is:

(1) Prepared by an independent certified public accountant; or

(2) Submitted on a form or in a format prescribed by the Board together with an affidavit which verifies the accuracy of the financial statement; and

(b) Any other information required by the Board.

Before the Board may issue a contractors license to the applicant, the Board must determine whether, based on the financial information concerning the applicant, it would be in the public interest to do any or all of the following:

(a) Require the applicant to obtain the services of a construction control with respect to any money that the applicant requires a purchaser of a new residence to pay in advance to make upgrades to the new residence. If the Board imposes such a requirement, the applicant may not:

(1) Be related to the construction control or to an employee or agent of the construction control; or

(2) Hold, directly or indirectly, a financial interest in the business of the construction control.

(b) Establish an aggregate monetary limit on the contractors license, which must be the maximum combined monetary limit on all contracts that the applicant may undertake or perform as a licensed contractor at any one time, regardless of the number of contracts, construction sites, subdivision sites or clients. If the Board establishes such a limit, the Board:

(1) Shall determine the period that the limit is in effect; and

(2) During that period, may increase or decrease the limit as the Board deems appropriate.

(Added to NRS by 2003, 1897 ; A 2005, 1202 ; 2019, 2033 )

NRS 624.265

NRS

624.265

Good character of applicant or licensed contractor and certain associates; grounds for establishment of lack of good character; background investigation; confidentiality of results of background investigation; fee for processing fingerprints; Board may obtain criminal history.

An applicant for a contractors license or a licensed contractor, each officer, director, partner and associate thereof, and any person who qualifies on behalf of the applicant pursuant to subsection 2 of NRS 624.260 must possess good character. Lack of character may be established by showing that the applicant or licensed contractor, any officer, director, partner or associate thereof, or any person who qualifies on behalf of the applicant has:

(a) Committed any act which would be grounds for the denial, suspension or revocation of a contractors license;

(b) A bad reputation for honesty and integrity;

(c) Entered a plea of guilty, guilty but mentally ill or nolo contendere to, been found guilty or guilty but mentally ill of, or been convicted, in this State or any other jurisdiction, of a crime arising out of, in connection with or related to the activities of such person in such a manner as to demonstrate his or her unfitness to act as a contractor, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal; or

(d) Had a license revoked or suspended for reasons that would preclude the granting or renewal of a license for which the application has been made.

Upon the request of the Board, an applicant for a contractors license, any officer, director, partner or associate of the applicant and any person who qualifies on behalf of the applicant pursuant to subsection 2 of NRS 624.260 must submit to the Board completed fingerprint cards and a form authorizing an investigation of the applicants background and the submission of the fingerprints to the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation. The fingerprint cards and authorization form submitted must be those that are provided to the applicant by the Board. The applicants fingerprints may be taken by an agent of the Board or an agency of law enforcement.
Except as otherwise provided in NRS 239.0115 , the Board shall keep the results of the investigation confidential and not subject to inspection by the general public.
The Board shall establish by regulation the fee for processing the fingerprints to be paid by the applicant. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.
The Board may obtain records of a law enforcement agency or any other agency that maintains records of criminal history, including, without limitation, records of:

(a) Arrests;

(b) Guilty and guilty but mentally ill pleas;

(d) Probation;

(e) Parole;

(f) Bail;

(g) Complaints; and

(h) Final dispositions,

Ê for the investigation of a licensee or an applicant for a contractors license.

(Added to NRS by 1967, 1595 ; A 1995, 2476 ; 1999, 2180 , 2959 ;

2003, 1497 ; 2005, 1203 ; 2007, 1470 , 2131 ;

2015, 2007 )

NRS 624.266

NRS

624.266

Duty of applicant or licensee to disclose certain information to Board.

An applicant for a contractors license or a licensee shall notify the Board in writing if he or she is convicted of, or enters a plea of guilty, guilty but mentally ill or nolo contendere to:

(a) A crime against a child as that term is defined in NRS 179.245 ;

(b) A sexual offense as that term is defined in NRS 179.245 ;

(d) Voluntary manslaughter as that term is defined in NRS 200.050 ; or

(e) Any other felony or crime involving moral turpitude if the conviction occurred or the plea was entered in the immediately preceding 15 years,

Ê in this State or any other jurisdiction.

An applicant for a contractors license or a licensee shall submit the notification required by subsection 1 not more than 30 days after the conviction or entry of the plea of guilty, guilty but mentally ill or nolo contendere.

(Added to NRS by 2011, 1882 )

NRS 624.268

NRS

624.268

Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

In addition to any other requirements set forth in this chapter:

(a) A natural person who applies for the issuance of a contractors license shall include the social security number of the applicant in the application submitted to the Board.

(b) A natural person who applies for the issuance or renewal of a contractors license shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520 . The statement must be completed and signed by the applicant.

The Board shall include the statement required pursuant to subsection 1 in:

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

(b) A separate form prescribed by the Board.

A contractors license may not be issued or renewed by the Board if the applicant is a natural person who:

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

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

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

(Added to NRS by 1997, 2112 ; A 2005, 2706 , 2807 )

NRS

624.268

Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

In addition to any other requirements set forth in this chapter, a natural person who applies for the issuance or renewal of a contractors license shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520 . The statement must be completed and signed by the applicant.
The Board shall include the statement required pursuant to subsection 1 in:

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

(b) A separate form prescribed by the Board.

A contractors license may not be issued or renewed by the Board if the applicant is a natural person who:

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

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

(Added to NRS by 1997, 2112 ; A 2005, 2706 , 2807 , effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

NRS 624.270

NRS

624.270

Bond or deposit: Requirements; amount; conditions.

Before issuing a contractors license to any applicant, the Board shall require that the applicant:

(a) File with the Board a surety bond in a form acceptable to the Board executed by the contractor as principal with a corporation authorized to transact surety business in the State of Nevada as surety; or

(b) In lieu of such a bond, establish with the Board a cash deposit as provided in this section.

Before granting renewal of a contractors license to any applicant, the Board shall require that the applicant file with the Board satisfactory evidence that the applicants surety bond or cash deposit is in full force, unless the applicant has been relieved of the requirement as provided in this section.
Failure of an applicant or licensee to file or maintain in full force the required bond or to establish the required cash deposit constitutes cause for the Board to deny, revoke, suspend or refuse to renew a license.
Except as otherwise provided in subsection 6, the amount of each bond or cash deposit required by this section must be fixed by the Board with reference to the contractors financial and professional responsibility and the magnitude of the contractors operations, but must be not less than $1,000 or more than $500,000. The bond must be continuous in form and must be conditioned that the total aggregate liability of the surety for all claims is limited to the face amount of the bond irrespective of the number of years the bond is in force. A bond required by this section must be provided by a person whose long-term debt obligations are rated A or better by a nationally recognized rating agency. The Board may increase or reduce the amount of any bond or cash deposit if evidence supporting such a change in the amount is presented to the Board at the time application is made for renewal of a license or at any hearing conducted pursuant to NRS 624.2545 or 624.291 . Unless released earlier pursuant to subsection 5, any cash deposit may be withdrawn 2 years after termination of the license in connection with which it was established, or 2 years after completion of all work authorized by the Board after termination of the license, whichever occurs later, if there is no outstanding claim against it.
After a licensee has acted in the capacity of a licensed contractor in the State of Nevada for not less than 5 consecutive years, the Board may relieve the licensee of the requirement of filing a bond or establishing a cash deposit if evidence supporting such relief is presented to the Board. The Board may at any time thereafter require the licensee to file a new bond or establish a new cash deposit as provided in subsection 4:

(a) If evidence is presented to the Board supporting this requirement;

(b) Pursuant to subsection 6, after notification of a final written decision by the Labor Commissioner; or

Ê If a licensee is relieved of the requirement of establishing a cash deposit, the deposit may be withdrawn 2 years after such relief is granted, if there is no outstanding claim against it.

If the Board is notified by the Labor Commissioner pursuant to NRS 607.165 or otherwise receives notification that three substantiated claims for wages have been filed against a contractor within a 2-year period, the Board shall require the contractor to file a bond or establish a cash deposit in an amount fixed by the Board. The contractor shall maintain the bond or cash deposit for the period required by the Board.
If a contractor who performs work concerning a residential pool or spa or work concerning a residential photovoltaic system used to produce electricity:

(a) Is determined by the Board to have violated one or more of the provisions of NRS 624.301

to 624.305 , inclusive;

(b) Enters into a contract that is later found to be void and unenforceable against the owner pursuant to subsection 5 of NRS 624.940 or pursuant to any regulation adopted by the Board with respect to contracts for work concerning a residential pool or spa;

(c) Enters into a contract on or after October 1, 2021, that is later voided by the owner of the single-family residence pursuant to subsection 6 of NRS 624.875 or pursuant to any regulation adopted by the Board with respect to contracts for work concerning a residential photovoltaic system used to produce electricity; or

(d) Has five valid complaints filed against him or her with the Board within any 15-day period,

Ê the Board may require the contractor to comply with the provisions of subsection 8.

If the Board requires a contractor described in subsection 7 to comply with the provisions of this subsection, the contractor shall, before commencing work concerning a residential pool or spa or work concerning a residential photovoltaic system used to produce electricity, obtain:

(a) Except as otherwise provided in this subsection, a performance bond in an amount equal to not less than 50 percent of the amount of the contract, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions set forth in the contract. The performance bond must be solely for the protection of the owner of the property to be improved.

(b) Except as otherwise provided in this subsection, a payment bond in an amount equal to not less than 50 percent of the amount of the contract. The payment bond must be solely for the protection of persons supplying labor or materials to the contractor, or to any of his or her subcontractors, in carrying out the provisions of the contract.

Ê A bond required pursuant to this subsection must be provided by a person whose long-term debt obligations are rated A or better by a nationally recognized rating agency. The contractor shall maintain the bond for the period required by the Board. The contractor shall furnish to the building department of the city or county, as applicable, in which the work will be carried out, a copy of any bond. In lieu of a performance or payment bond, the contractor may obtain an equivalent form of security approved by the Board.

As used in this section, substantiated claim for wages has the meaning ascribed to it in NRS 607.165 .

[6:Art. IV:186:1941; added 1951, 365 ]—(NRS A 1959, 868 ; 1963, 695 ; 1965, 349 ; 1971, 180 ; 1975, 1160 ; 1983, 318 ; 1985, 1057 ; 1987, 1139 ; 1997, 1513 , 2688 ;

1999, 596 ; 2001, 2413 , 2981 ;

2003, 2142 ; 2005, 2383 ; 2021, 1058 )

NRS 624.273

NRS

624.273

Bond and deposit: Person benefited; actions; payment by surety without action by court; interpleader by surety or Board; preferred claims; prohibited claims.

Each bond or deposit required by NRS 624.270 must be in favor of the State of Nevada for the benefit of any person who:

(a) As owner of the property to be improved entered into a construction contract with the contractor and is damaged by failure of the contractor to perform the contract or to remove liens filed against the property;

(b) As an employee of the contractor performed labor on or about the site of the construction covered by the contract;

(d) Is injured by any unlawful act or omission of the contractor in the performance of a contract.

Any person claiming against the bond or deposit may bring an action in a court of competent jurisdiction on the bond or against the Board on the deposit for the amount of damage the person has suffered to the extent covered by the bond or deposit. No action may be commenced on the bond or deposit 2 years after the commission of the act on which the action is based. If an action is commenced on the bond, the surety that executed the bond shall notify the Board of the action within 30 days after the date that:

(a) The surety is served with a complaint and summons; or

(b) The action is commenced,

Ê whichever occurs first.

Upon receiving a request from a person for whose benefit a bond or deposit is required, the Board shall notify the person that:

(a) A bond is in effect or that a deposit has been made, and the amount of either;

(b) There is an action against a bond, if that is the case, and the court, the title and number of the action and the amount sought by the plaintiff; and

If a surety, or in the case of a deposit, the Board, desires to make payment without awaiting court action, the amount of the bond or deposit must be reduced to the extent of any payment made by the surety or the Board in good faith under the bond or deposit. Any payment must be based on written claims received by the surety or Board before the court action.
The surety or the Board may bring an action for interpleader against all claimants upon the bond or deposit. If an action for interpleader is commenced, the surety or the Board must serve each known claimant and publish notice of the action at least once each week for 2 weeks in a newspaper of general circulation in the county where the contractor has his or her principal place of business. The surety is entitled to deduct its costs of the action, including publication, from its liability under the bond. The Board is entitled to deduct its costs of the action, including attorneys fees and publication, from the deposit.
A claim of any employee of the contractor for labor is a preferred claim against a bond or deposit. If any bond or deposit is insufficient to pay all claims for labor in full, the sum recovered must be distributed among all claimants for labor in proportion to the amounts of their respective claims. Partial payment of claims is not full payment, and the claimants may bring actions against the contractor for the unpaid balances.
Claims, other than claims for labor, against a bond or deposit have equal priority, except where otherwise provided by law, and if the bond or deposit is insufficient to pay all of those claims in full, they must be paid pro rata. Partial payment of claims is not full payment, and the claimants may bring actions against the contractor for the unpaid balances.
The Board may not claim against the bond or deposit required pursuant to NRS 624.270 for the payment of an administrative fine imposed for a violation of the provisions of this chapter.

(Added to NRS by 1965, 351 ; A 1971, 181 , 383 ;

1981, 1746 ; 1985, 761 ; 1999, 2181 , 2960 )

NRS 624.275

NRS

624.275

Bond and deposit: Notice of claim paid against contractors bond by surety; cancellation of contractors bond by surety; notification to contractor of claim against or cancellation of bond; duties of Board and contractor; revocation or suspension of license.

With respect to a surety bond that a licensed contractor maintains in accordance with NRS 624.270 or 624.276 :

(a) The surety shall give prompt notice to the Board of any claims paid against the bond of the licensed contractor.

(b) The surety may cancel the bond upon giving 60 days notice to the Board and to the contractor by certified mail.

Upon receipt by the Board of the notice described in paragraph (a) of subsection 1, the Board shall immediately notify the contractor who is the principal on the bond that the contractors license will be suspended or revoked unless the contractor furnishes an equivalent bond or establishes an equivalent cash deposit before a date set by the Board.
Upon receipt by the Board of the notice described in paragraph (b) of subsection 1, the Board shall immediately notify the contractor who is the principal on the bond that the contractors license will be suspended or revoked unless the contractor furnishes an equivalent bond or establishes an equivalent cash deposit before the effective date of the cancellation.
The notice mailed to the contractor by the Board pursuant to subsection 2 or 3 must be addressed to the contractors latest address of record in the office of the Board.
If the contractor does not comply with the requirements of the notice from the Board, the contractors license must be suspended or revoked on the date:

(a) Set by the Board, if the notice was provided to the contractor pursuant to subsection 2; or

(b) The bond is cancelled, if the notice was provided to the contractor pursuant to subsection 3.

(Added to NRS by 1965, 351 ; A 1987, 1140 ; 1989, 852 ; 1999, 2182 ; 2005, 2384 )

NRS 624.276

NRS

624.276

Bond and deposit: Additional requirements for contractors performing work concerning residential pools or spas.

Before granting an original contractors license to, or renewing the contractors license of, an applicant who performs or will perform work concerning residential pools or spas, the Board shall, in addition to any other conditions for the issuance or renewal of a license, require the applicant to:

(a) File with the Board a bond solely for the protection of consumers in an amount fixed by the Board; or

(b) In lieu of filing a bond, establish with the Board a cash deposit as provided in this section.

A bond required pursuant to subsection 1 is in addition to, may not be combined with and does not replace any other bond required pursuant to the provisions of this chapter. A contractor required to file a bond pursuant to subsection 1 shall maintain the bond for 5 years or for such longer period as the Board may require.
After a contractor who performs work concerning a residential pool or spa has acted in the capacity of a licensed contractor in the State of Nevada for not less than 5 consecutive years, the Board may relieve the contractor of the requirements of subsection 1 if evidence supporting such relief is presented to the Board. The Board may at any time thereafter require the contractor to comply with subsection 1 if evidence is presented to the Board supporting this requirement.
If a licensee is relieved of the requirement of establishing a cash deposit pursuant to this section, the deposit may be withdrawn 2 years after such relief is granted, if there is no outstanding claim against it.
Failure of an applicant or licensee to file or maintain in full force the required bond or to establish the required cash deposit constitutes cause for the Board to deny, revoke, suspend or refuse to renew a license.
The amount of each bond or cash deposit required by this section must be fixed by the Board with reference to the contractors financial and professional responsibility and the magnitude of the contractors operations, but must be not less than $10,000 or more than $400,000. The bond must be continuous in form and must be conditioned that the total aggregate liability of the surety for all claims is limited to the face amount of the bond irrespective of the number of years the bond is in force.
A bond required pursuant to subsection 1 must be provided by a person whose long-term debt obligations are rated A or better by a nationally recognized rating agency. The Board may increase or reduce the amount of any bond or cash deposit if evidence supporting such a change in the amount is presented to the Board at the time application is made for renewal of a license or at any hearing conducted pursuant to NRS 624.2545 or 624.291 .
Unless released earlier pursuant to subsection 3, any cash deposit may be withdrawn 2 years after termination of the license in connection with which it was established or 2 years after completion of all work authorized by the Board after termination of the license, whichever occurs later, if there is no outstanding claim against it.
Each bond or deposit required pursuant to this section must be in favor of the State of Nevada solely for the benefit of any consumer who entered into a contract with the contractor to perform work concerning a residential pool or spa and:

(a) Is damaged by failure of the contractor to perform the contract or to remove liens filed against the property; or

(b) Is injured by any unlawful act or omission of the contractor in the performance of a contract.

Any consumer claiming against the bond or deposit may bring an action in a court of competent jurisdiction on the bond or against the Board on the deposit for the amount of damage the consumer has suffered to the extent covered by the bond or deposit.
If an action is commenced on the bond, the surety that executed the bond shall notify the Board of the action within 30 days after the date that:

(a) The surety is served with a complaint and summons; or

(b) The action is commenced,

Ê whichever occurs first.

A claim or action pursuant to this section must proceed and be administered in the manner provided pursuant to NRS 624.273 for a claim or action.
The Board shall adopt regulations necessary to carry out the provisions of this section, including, without limitation, regulations concerning:

(a) The determination of the amount of a bond pursuant to this section;

(b) The form of bond required pursuant to this section;

(d) Procedures to contest the amount of a bond required pursuant to this section.

The Board shall immediately suspend the license of a contractor who fails to post the bond or provide the deposit required pursuant to this section. Failure by a licensee for 6 months to post the bond or provide the deposit required pursuant to this section constitutes grounds for disciplinary action.
As used in this section:

(a) Consumer means a natural person who:

(1) Owns a single-family residence; and

(2) Enters into a contract with a licensee to perform work concerning a residential pool or spa.

(b) Work concerning a residential pool or spa has the meaning ascribed to it in NRS 624.915 .

(Added to NRS by 2001, 2981 ; A 2005, 2385 )

NRS 624.282

NRS

624.282

Inactive status of license: Application; effect; duration; regulations.

A contractor may apply to the Board to have his or her license placed on inactive status. The Board may grant the application if the license is in good standing and the licensee has met all requirements for the issuance or renewal of a contractors license as of the date of the application.
If the application is granted, the licensee shall not engage in any work or activities that require a contractors license in this State unless the licensee is returned to active status.
A person whose license has been placed on inactive status pursuant to this section is exempt from:

(a) The requirement to execute and maintain a bond pursuant to NRS 624.270 ; and

(b) The requirement to qualify in regard to his or her experience and knowledge pursuant to NRS 624.260 .

The inactive status of a license is valid for 8 years after the date that the inactive status is granted.
The Board shall not refund any portion of the renewal fee of a contractors license that was paid before the license was placed on inactive status.
The Board shall adopt regulations prescribing the:

(a) Procedures for making an application pursuant to this section;

(b) Procedures and terms upon which a person whose license has been placed on inactive status may resume work or activities that require a contractors license; and

(Added to NRS by 1999, 2177 ; A 2019, 2034 )

NRS 624.283

NRS

624.283

License: Expiration; renewal; automatic suspension for failure to renew on or before renewal date; demonstration of financial responsibility; reinstatement; cancellation; exceptions for reinstatement of license automatically suspended during active military duty.

Each license issued under the provisions of this chapter expires 2 years after the date on which it is issued, except that the Board may by regulation prescribe shorter or longer periods and prorated fees to establish a system of staggered biennial renewals. Any license which is not renewed on or before the date for renewal is automatically suspended.
Except as otherwise provided in subsection 5, a license may be renewed by submitting to the Board:

(a) An application for renewal;

(b) The fee for renewal fixed by the Board;

(c) Any assessment required pursuant to NRS 624.470 if the holder of the license is a residential contractor as defined in NRS 624.450 ; and

(d) All information required to complete the renewal.

The Board may require a licensee to demonstrate financial responsibility at any time through the submission of:

(a) A financial statement that is:

(1) Prepared by an independent certified public accountant; or

(2) Submitted on a form or in a format prescribed by the Board together with an affidavit which verifies the accuracy of the financial statement; and

(b) If the licensee performs residential construction, such additional documentation as the Board deems appropriate.

Except as otherwise provided in subsection 5, if a license is automatically suspended pursuant to subsection 1, the licensee may have the license reinstated upon filing an application for renewal within 6 months after the date of suspension and paying, in addition to the fee for renewal, a fee for reinstatement fixed by the Board, if the licensee is otherwise in good standing and there are no complaints pending against the licensee. If the licensee is otherwise not in good standing or there is a complaint pending, the Board shall require the licensee to provide a current financial statement prepared by an independent certified public accountant or establish other conditions for reinstatement. An application for renewal must be accompanied by all information required to complete the renewal. A license which is not reinstated within 6 months after it is automatically suspended may be cancelled by the Board, and a new license may be issued only upon application for an original contractors license.
If a license is automatically suspended pursuant to subsection 1 while the licensee was on active duty as a member of the Armed Forces of the United States, a reserve component thereof or the National Guard, the licensee may submit an application to the Board requesting the reinstatement of his or her license without the imposition of any penalty, punishment or disciplinary action authorized by the provisions of this chapter. The Board may reinstate the license if:

(a) The application for reinstatement is submitted while the licensee is serving in the Armed Forces of the United States, a reserve component thereof or the National Guard; and

(b) Except as otherwise provided in subsection 6, the application for reinstatement is accompanied by an affidavit setting forth the dates of service of the licensee and the fee for renewal fixed by the Board pursuant to subsection 2.

The Board may waive the fee for renewal of a license for a licensee specified in subsection 5 if:

(a) The license was valid at the time the licensee was called to active duty in the Armed Forces of the United States, a reserve component thereof or the National Guard; and

(b) The licensee provides written documentation satisfactory to the Board substantiating his or her claim of service on active duty in the Armed Forces of the United States, a reserve component thereof or the National Guard.

(Added to NRS by 1969, 943 ; A 1977, 87 ; 1987, 1140 ; 1997, 2113 , 2689 ;

1999, 520 , 1970 ,

2961 ,

2967 ;

2001, 141 ; 2005, 1204 , 1205 ,

2707 ,

2807 ;

2007, 860 ; 2019, 2035 )

NRS 624.284

NRS

624.284

License: Limitation of scope; exceptions.

Except as otherwise provided in subsection 4 of NRS 118B.090 or subsection 2 of 118B.097, a contractors license issued pursuant to this chapter does not authorize a contractor to construct or repair a mobile home, manufactured home, manufactured building or commercial coach or factory-built housing.

(Added to NRS by 1997, 212 ; A 2011, 102 ; 2019, 1612 )

NRS 624.291

NRS

624.291

Hearing required if Board suspends or revokes license, has probable cause to believe that person has engaged in unlawful advertising or imposes administrative fine for unlicensed actions; exception.

Except as otherwise provided in subsection 4, if the Board suspends or revokes a license, has probable cause to believe that a person has violated NRS 624.720 or imposes an administrative fine pursuant to NRS 624.710 , the Board shall hold a hearing. The time and place for the hearing must be fixed by the Board, and notice of the time and place of the hearing must be personally served on the applicant or accused or mailed to the last known address of the applicant or accused at least 21 days before the date fixed for the hearing.
The testimony taken pursuant to NRS 624.170 to 624.210 , inclusive, must be considered a part of the record of the hearing before the Board.
Except as otherwise provided in NRS 622.320 , the hearing must be public if a request is made therefor.
The Board may suspend the license of a contractor without a hearing if the Board finds, based upon evidence in its possession, that the public health, safety or welfare imperatively requires summary suspension of the license of the contractor and incorporates that finding in its order. If the Board summarily suspends the license of the contractor, the Board must notify the contractor by certified mail. A hearing must be held within 60 days after the suspension if the contractor submits a written request for a hearing to the Board within 20 days after the Board summarily suspends the license.

[5:Art. IV:186:1941; A 1955, 378 ]—(NRS A 1977, 87 ; 1995, 928 ; 1997, 2691 ; 1999, 2183 , 2858 ;

2001, 2414 ; 2003, 3422 )

DISCIPLINARY AND OTHER ACTIONS

General Provisions

NRS 624.295

NRS

624.295

Member of Board authorized to inform Executive Officer of allegation of ground for disciplinary action; action by Executive Officer.

If a member of the Board becomes aware that any one or a combination of the grounds for initiating disciplinary action may exist as to a contractor in this State, the member of the Board may inform the Executive Officer of the Board of the allegations. The Executive Officer, upon receiving such information, shall take such actions as he or she deems appropriate under the circumstances.

(Added to NRS by 1995, 926 ; A 1999, 2962 )

NRS 624.300

NRS

624.300

Disciplinary actions against licensee; private reprimands prohibited; orders imposing discipline deemed public records; deposit of fines in Construction Education Account.

Except as otherwise provided in subsections 3 and 5, the Board may:

(a) Suspend or revoke licenses already issued;

(b) Refuse renewals of licenses;

(d) Impose an administrative fine of not more than $10,000;

(e) Order a licensee to repay to the account established pursuant to NRS 624.470 , any amount paid out of the account pursuant to NRS 624.510 as a result of an act or omission of that licensee;

(f) Order the licensee to take action to correct a condition resulting from an act which constitutes a cause for disciplinary action, at the licensees cost, that may consist of requiring the licensee to:

(1) Perform the corrective work himself or herself;

(2) Hire and pay another licensee to perform the corrective work; or

(3) Pay to the owner of the construction project a specified sum to correct the condition; or

(g) Issue a public reprimand or take other less severe disciplinary action, including, without limitation, increasing the amount of the surety bond or cash deposit of the licensee,

Ê if the licensee commits any act which constitutes a cause for disciplinary action.

If the Board suspends or revokes the license of a contractor for failure to establish financial responsibility, the Board may, in addition to any other conditions for reinstating or renewing the license, require that each contract undertaken by the licensee for a period to be designated by the Board, not to exceed 12 months, be separately covered by a bond or bonds approved by the Board and conditioned upon the performance of and the payment of labor and materials required by the contract.
If a licensee violates:

(a) The provisions of NRS 624.3014 , subsection 2 or 3 of NRS 624.3015 , subsection 1 of NRS 624.302 or subsection 1 of NRS 624.305 , the Board may impose for each violation an administrative fine in an amount that is not more than $50,000.

(b) The provisions of subsection 4 of NRS 624.3015 :

(1) For a first offense, the Board shall impose an administrative fine of not less than $1,000 and not more than $50,000, and may suspend the license of the licensee for 6 months;

(2) For a second offense, the Board shall impose an administrative fine of not less than $5,000 and not more than $50,000, and may suspend the license of the licensee for 1 year; and

(3) For a third or subsequent offense, the Board shall impose an administrative fine of not less than $10,000 and not more than $50,000, and may revoke the license of the licensee.

(c) The provisions of subsection 7 of NRS 624.302 , the Board shall, in addition to any other disciplinary action taken pursuant to this section, impose an administrative fine of $1,000.

The Board shall, by regulation, establish standards for use by the Board in determining the amount of an administrative fine imposed pursuant to subsection 3. The standards must include, without limitation, provisions requiring the Board to consider:

(a) The gravity of the violation;

(b) The good faith of the licensee; and

If a licensee is prohibited from being awarded a contract for a public work pursuant to NRS 338.017 , the Board may suspend the license of the licensee for the period of the prohibition.
If a licensee commits a fraudulent act which is a cause for disciplinary action under NRS 624.3016 , the correction of any condition resulting from the act does not preclude the Board from taking disciplinary action.
If the Board finds that a licensee has engaged in repeated acts that would be cause for disciplinary action, the correction of any resulting conditions does not preclude the Board from taking disciplinary action pursuant to this section.
The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license by a licensee, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.
The Board shall not issue a private reprimand to a licensee.
An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
An administrative fine imposed pursuant to this section or NRS 624.341

or 624.710 plus interest at a rate that is equal to the prime rate at the largest bank in this State, as determined by the Commissioner of Financial Institutions on January 1 or July 1, as appropriate, immediately preceding the date of the order imposing the administrative fine, plus 4 percent, must be paid to the Board before the issuance or renewal of a license to engage in the business of contracting in this State. The interest must be collected from the date of the order until the date the administrative fine is paid.

All fines and interest collected pursuant to this section must be deposited with the State Treasurer for credit to the Construction Education Account created pursuant to NRS 624.580 .

[4:Art. IV:186:1941; A 1955, 378 ]—(NRS A 1963, 696 ; 1967, 1043 , 1594 ;

1969, 939 ; 1979, 320 ; 1993, 884 ; 1995, 234 , 2544 ,

2545 ;

1997, 2690 ; 1999, 1447 , 1971 ,

2962 ,

2967 ;

2001, 2414 ; 2003, 173 , 1901 ,

2143 ,

3422 ;

2005, 1205 ; 2007, 649 ; 2011, 1884 )

Grounds for Disciplinary Action

NRS 624.301

NRS

624.301

Abandonment or failure or refusal to complete or prosecute diligently project for construction; failure or refusal to comply with terms of contract or written warranty.

The following acts, among others, constitute cause for disciplinary action under NRS 624.300 :

Abandonment without legal excuse of any construction project or operation.
Abandonment of a construction project when the percentage of the project completed is less than the percentage of the total price of the contract paid to the contractor at the time of abandonment, unless the contractor is entitled to retain the amount paid pursuant to the terms of the contract or the contractor refunds the excessive amount paid within 30 days after the abandonment of the project.
Failure in a material respect to complete any construction project or operation for the price stated in the contract for the project or operation or any modification of the contract.
Failure or refusal without legal excuse to prosecute a construction project or operation with reasonable diligence.
Failure or refusal without legal excuse on the part of a licensee to comply with the terms of a construction contract or written warranty.

(Added to NRS by 1969, 940 ; A 1979, 320 ; 1999, 2963 ; 2019, 2284 )

NRS 624.3011

NRS

624.3011

Disregard of plans, specifications, laws or regulations.

The following acts, among others, constitute cause for disciplinary action under NRS 624.300 :

(a) Willful and prejudicial departure from or disregard of plans or specifications in any material respect without the consent of the owner or the owners authorized representative and the person entitled to have the particular construction project or operation completed in accordance with the plans and specifications.

(b) Willful or deliberate disregard and violation of:

(1) The building laws of the State or of any political subdivision thereof.

(2) The safety laws or labor laws of the State.

(3) Any provision of the Nevada health and safety laws or the regulations adopted thereunder relating to the digging, boring or drilling of water wells.

(4) The laws of this State regarding industrial insurance.

If a contractor performs construction without obtaining any necessary building permit, there is a rebuttable presumption that the contractor willfully and deliberately violated the building laws of this State or of its political subdivisions.

(Added to NRS by 1969, 941 ; A 1983, 541 ; 1987, 1101 ; 1995, 2545 ; 1999, 2964 )

NRS 624.3012

NRS

624.3012

Diversion of money or property; failure to pay for materials or services; false denial of amount due, or validity of claim of amount due, for materials or services; failure to release lien against property to be improved.

The following acts, among others, constitute cause for disciplinary action under NRS 624.300 :

Diversion of money or property received for the completion of a specific construction project or operation or for a specified purpose in the completion of any construction project or operation to any other construction project or operation, obligation or purpose.
Willful or deliberate failure by any licensee or agent or officer thereof to pay any money when due for any materials or services rendered in connection with the licensees operations as a contractor, when the licensee has the capacity to pay or has received sufficient money therefor as payment for the particular construction work, project or operation for which the services or materials were rendered or purchased.
The false denial by any licensee or agent or officer thereof of any amount due, or the validity of the claim thereof, for any materials or services rendered in connection with the licensees operations as a contractor, when the licensee has the capacity to pay or has received sufficient money therefor as payment for the particular construction work, project or operation for which the services or materials were rendered or purchased, with intent to secure a discount upon such indebtedness or with intent to injure, delay or defraud the person to whom such indebtedness is due.
Failure to obtain the discharge or release of any lien recorded against the property to be improved by a construction project for the price of any materials or services rendered to the project by order of the contractor, when the contractor has received sufficient money therefor as payment for the project, within 75 days after the recording of the lien.

(Added to NRS by 1969, 941 ; A 1999, 2964 ; 2009, 765 )

NRS 624.3013

NRS

624.3013

Failure to keep records or maintain bond; misrepresentation or omission; failure to establish financial responsibility or comply with law or regulations of Board.

The following acts, among others, constitute cause for disciplinary action pursuant to NRS 624.300 :

Failure to keep records showing all contracts, documents, receipts and disbursements by a licensee of all of the licensees transactions as a contractor and to keep them open for inspection by the Board or Executive Officer for a period of not less than 3 years after the completion of any construction project or operation to which the records refer.
Misrepresentation or omission of a material fact by an applicant or licensee in connection with any information or evidence furnished the Board in connection with official matters of the Board.
Failure to establish financial responsibility pursuant to NRS 624.220

and 624.260 to 624.265 , inclusive, at the time of renewal of the license or at any other time when required by the Board.

Failure to keep in force the bond or cash deposit pursuant to NRS 624.270 for the full period required by the Board.
Failure in any material respect to comply with the provisions of this chapter or the regulations of the Board.

(Added to NRS by 1969, 941 ; A 1971, 182 ; 1985, 1053 ; 1987, 217 ; 1999, 2965 ; 2015, 390 )

NRS 624.3014

NRS

624.3014

Misuse of license; evasion of law.

The following acts, among others, constitute cause for disciplinary action under NRS 624.300 :

Acting in the capacity of a contractor under any license issued hereunder except:

(a) In the name of the licensee as set forth upon the license.

(b) As an employee of the licensee as set forth in the application for such license or as later changed pursuant to this chapter and the rules and regulations of the Board.

With the intent to evade the provisions of this chapter:

(a) Aiding or abetting an unlicensed person to evade the provisions of this chapter.

(b) Combining or conspiring with an unlicensed person to perform an unauthorized act.

(d) Acting as agent, partner or associate of an unlicensed person.

(e) Furnishing estimates or bids to an unlicensed person.

(f) Soliciting a bid or estimate from a person known by the licensee to be unlicensed pursuant to this chapter.

Any attempt by a licensee to assign, transfer or otherwise dispose of a license or permit the unauthorized use thereof.

(Added to NRS by 1969, 941 ; A 2015, 390 )

NRS 624.3015

NRS

624.3015

Acting beyond scope of license; bidding on work in excess of limit or beyond scope of license; contracting with unlicensed contractor; constructing or repairing mobile home, manufactured home, manufactured building or commercial coach or factory-built housing; engaging in work that requires license while license is inactive; entering into agreement to perform work requiring license with unlicensed person who is not employee.

The following acts, among others, constitute cause for disciplinary action under NRS 624.300 :

Acting in the capacity of a contractor beyond the scope of the license.
Bidding to contract or contracting for a sum for one construction contract or project in excess of the limit placed on the license by the Board.
Knowingly bidding to contract or entering into a contract with a contractor for work in excess of his or her limit or beyond the scope of his or her license.
Knowingly entering into a contract with a contractor while that contractor is not licensed.
Constructing or repairing a mobile home, manufactured home, manufactured building or commercial coach or factory-built housing unless the contractor:

(a) Is licensed pursuant to NRS 489.311 ;

(b) Owns, leases or rents the mobile home, manufactured home, manufactured building, commercial coach or factory-built housing; or

Engaging in any work or activities that require a contractors license while the license is placed on inactive status pursuant to NRS 624.282 .
Entering into any agreement, oral or written, express or implied, with a natural person who is not an employee of the licensee and not licensed as a contractor by which that person, either directly or through any person employed by that person, agrees to perform for the licensee any work which requires a contractors license. In addition to any disciplinary or other action that may be taken against a licensee pursuant to this subsection, any agreement described by this subsection is void and unenforceable. As used in this subsection, employee has the meaning ascribed to it in subsection 6 of NRS 624.020 .

(Added to NRS by 1969, 942 ; A 1979, 319 ; 1981, 634 ; 1997, 213 ; 1999, 2182 ; 2007, 651 ; 2009, 1935 ; 2019, 1612 ; 2021, 817 )

NRS 624.3016

NRS

624.3016

Fraudulent or deceitful acts or omissions; criminal conviction; improper acts involving liens; improper acts involving residential pools and spas, residential photovoltaic systems used to produce electricity or residential improvements; failure to make required disclosure; failure to pay assessment; improper acts involving contract for public work; failure to notify Board of certain information; failure to provide or respond to claim made under builders warranty.

The following acts or omissions, among others, constitute cause for disciplinary action under

NRS 624.300 :

Any fraudulent or deceitful act committed in the capacity of a contractor, including, without limitation, misrepresentation or the omission of a material fact.
A conviction of a violation of NRS 624.730 , or a conviction in this State or any other jurisdiction of a felony relating to the practice of a contractor or a crime involving moral turpitude.
Knowingly making a false statement in or relating to the recording of a notice of lien pursuant to the provisions of NRS 108.226 .
Failure to give a notice required by NRS 108.227 , 108.245 , 108.246

or 624.520 .

Failure to comply with:

(a) NRS 624.920 , 624.930 , 624.935 or 624.940 or any regulations of the Board governing contracts for work concerning residential pools and spas.

(b) NRS 624.860 to 624.875 , inclusive, or any regulations of the Board governing contracts for work concerning residential photovoltaic systems used to produce electricity.

Failure to comply with NRS 624.600 .
Misrepresentation or the omission of a material fact, or the commission of any other fraudulent or deceitful act, to obtain a license.
Failure to pay an assessment required pursuant to NRS 624.470 .
Failure to file a certified payroll report that is required for a contract for a public work.
Knowingly submitting false information in an application for qualification or a certified payroll report that is required for a contract for a public work.
Failure to notify the Board of a conviction or entry of a plea of guilty, guilty but mentally ill or nolo contendere pursuant to NRS 624.266 .
Failure to provide a builders warranty as required by NRS 624.602 or to respond reasonably to a claim made under a builders warranty.
The making, or the causing to be made, of a false or misleading statement or representation, or the omission of a material fact, by a licensee who is a natural person, an owner of a licensee, a managing officer of a licensee or any person who qualifies on behalf of a licensee pursuant to subsection 2 of NRS 624.260 in connection with the application of another person for a contractors license for the purpose of assisting the applicant to obtain the license.

(Added to NRS by 1969, 942 ; A 1983, 510 ; 1997, 2690 ; 1999, 1972 , 2965 ,

2967 ;

2001, 141 ; 2003, 2144 , 2618 ,

2704 ;

2005, 1207 , 2387 ;

2011, 1883 ; 2019, 2284 ; 2021, 1060 ; 2023, 66 , 1049 )

NRS 624.30165

NRS

624.30165

Unfair business practices: Misrepresentations involving need for service, replacement parts, equipment or repairs; false or misleading statements.

The following acts, among others, are unfair business practices and constitute cause for disciplinary action under NRS 624.300 :

When a contractor states that service, replacement parts, equipment or repairs are needed when such service, replacement parts, equipment or repairs actually are not needed.
When a contractor makes any false or misleading statement or representation of material fact that is intended, directly or indirectly, to induce another person to use the services of the contractor or to enter into any contract with the contractor or any obligation relating to such a contract.
When a contractor makes any false or misleading statement or representation of material fact that is intended, directly or indirectly, to disparage the goods, services or business of another person.

(Added to NRS by 2005, 1200 )

NRS 624.3017

NRS

624.3017

Substandard workmanship; incomplete advertising; advertising projects beyond scope of license.

The following acts, among others, constitute cause for disciplinary action under NRS 624.300 :

Workmanship which is not commensurate with standards of the trade in general or which is below the standards in the building or construction codes adopted by the city or county in which the work is performed. If no applicable building or construction code has been adopted locally, then workmanship must meet the standards prescribed in the Uniform Plumbing Code , National Electrical Code , International Building Code or International Residential Code in the form of the code most recently approved by the Board. The Board shall review each edition of the Uniform Plumbing Code , National Electrical Code , International Building Code or International Residential Code that is published after the 1996 edition to ensure its suitability. Each new edition of the code shall be deemed approved by the Board unless the edition is disapproved by the Board within 60 days of the publication of the code.
Advertising projects of construction without including in the advertisements the name and license number of the licensed contractor who is responsible for the construction.
Advertising projects of construction beyond the scope of the license.

(Added to NRS by 1969, 942 ; A 1985, 375 , 1053 ;

1987, 217 ; 1997, 2691 ; 1999, 2856 ; 2015, 2008 )

NRS 624.30175

NRS

624.30175

Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

If the Board receives a copy of a court order issued pursuant to NRS 425.540

that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a contractors license, the Board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560 .

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

(Added to NRS by 1997, 2112 ; A 2005, 2807 )

NRS 624.302

NRS

624.302

Contracting, offering to contract or submitting bid if license is suspended, revoked or inactive; failure to comply with written citation or pay administrative fine; suspension or revocation of license in other state or disciplinary action in other state; failure or refusal to respond to or comply with written requests of Board; failure or refusal to comply with order of Board.

The following acts or omissions, among others, constitute cause for disciplinary action pursuant to NRS 624.300 :

Contracting, offering to contract or submitting a bid as a contractor if the contractors license:

(a) Has been suspended or revoked pursuant to NRS 624.300 ; or

(b) Is inactive.

Failure to comply with a written citation issued pursuant to NRS 624.341 :

(a) Within the time permitted for compliance set forth in the citation or, if the citation is affirmed or modified following an informal citation conference pursuant to NRS 624.343 , within the time permitted for compliance set forth in the affirmed or modified citation; or

(b) If a hearing is held pursuant to NRS 624.291 , within 15 business days after the hearing.

Except as otherwise provided in subsection 2, failure to pay an administrative fine imposed pursuant to this chapter within 30 days after:

(a) Receiving notice of the imposition of the fine; or

(b) The final administrative or judicial decision affirming the imposition of the fine,

Ê whichever occurs later.

The suspension, revocation or other disciplinary action taken by another state against a contractor based on a license issued by that state if the contractor is licensed in this State or applies for a license in this State. A certified copy of the suspension, revocation or other disciplinary action taken by another state against a contractor based on a license issued by that state is conclusive evidence of that action.
Failure or refusal to respond to a written request from the Board or its designee to cooperate in the investigation of a complaint.
Failure or refusal to comply with a written request by the Board or its designee for information or records, or obstructing or delaying the providing of such information or records.
Failure or refusal to comply with an order of the Board.

(Added to NRS by 1999, 2953 ; A 2001, 213 ; 2011, 1886 ; 2023, 1134 )

NRS 624.320

NRS

624.320

Allegation and proof of license in action on contract.

No person, firm, copartnership, corporation, association or other organization, or any combination of any thereof, engaged in the business or acting in the capacity of a contractor shall bring or maintain any action in the courts of this State for the collection of compensation for the performance of any act or contract for which a license is required by this chapter without alleging and proving that such person, firm, copartnership, corporation, association or other organization, or any combination of any thereof, was a duly licensed contractor at all times during the performance of such act or contract and when the job was bid.

[3:Art. VII:186:1941; Added 1943, 83 ; A 1953, 521 ]

NRS 624.323

NRS

624.323

Licensee subject to disciplinary proceeding must submit financial statement and other information to Board; authority of Board to take certain actions to protect public.

In addition to any other requirements set forth in this chapter, if an investigation is conducted against a licensee and the Board determines that there is cause to proceed with a formal disciplinary proceeding against the licensee, the Board shall require the licensee to submit to the Board:

(a) A financial statement that is:

(1) Prepared by an independent certified public accountant; or

(2) Submitted on a form or in a format prescribed by the Board together with an affidavit which verifies the accuracy of the financial statement; and

After providing the licensee with notice and an opportunity to be heard, the Board must determine whether, based on the financial information concerning the licensee, it would be in the public interest to do any or all of the following:

(a) Require the licensee to obtain the services of a construction control with respect to any money that the licensee requires a purchaser of a new residence to pay in advance to make upgrades to the new residence. If the Board imposes such a requirement, the licensee may not:

(1) Be related to the construction control or to an employee or agent of the construction control; or

(2) Hold, directly or indirectly, a financial interest in the business of the construction control.

(b) Establish an aggregate monetary limit on the contractors license, which must be the maximum combined monetary limit on all contracts that the licensee may undertake or perform as a licensed contractor at any one time, regardless of the number of contracts, construction sites, subdivision sites or clients. If the Board establishes such a limit, the Board:

(1) Shall determine the period that the limit is in effect; and

(2) During that period, may increase or decrease the limit as the Board deems appropriate.

The provisions of this section do not limit the authority of the Board to take disciplinary action against the licensee.

(Added to NRS by 2003, 1898 ; A 2005, 1207 )

NRS 624.341

NRS

624.341

Administrative citation; order to take corrective action; penalty.

If the Board or its designee, based upon a preponderance of the evidence, has reason to believe that a person has:

(a) Acted as a contractor without an active license of the proper classification issued pursuant to this chapter, the Board or its designee, as appropriate, shall issue or authorize the issuance of a written administrative citation to the person. For the purposes of this section, a person shall be deemed to have an active license of the proper classification if the person has an active license and is performing work in conformity with the requirements of subsection 4 of NRS 624.220 .

(b) Committed any other act which constitutes a violation of this chapter or the regulations of the Board, the Board or its designee, as appropriate, may issue or authorize the issuance of a written administrative citation to the person.

A citation issued pursuant to this section may include, without limitation:

(a) An order to take action to correct a condition resulting from an act that constitutes a violation of this chapter or the regulations of the Board, at the persons cost;

(b) An order to pay an administrative fine not to exceed $50,000, except as otherwise provided in subsection 1 of NRS 624.300 ; and

If a written citation issued pursuant to this section includes an order to take action to correct a condition resulting from an act that constitutes a violation of this chapter or the regulations of the Board, the citation must state the time permitted for compliance, which must be not less than 15 business days after the date the person receives the citation, and specifically describe the action required to be taken.
The sanctions authorized by this section are separate from, and in addition to, any other remedy, civil or criminal, authorized by this chapter.
The failure of an unlicensed person to comply with a citation or order after it is final is a misdemeanor. If an unlicensed person does not pay an administrative fine imposed pursuant to this section within 60 days after the order of the Board becomes final, the order may be executed upon in the same manner as a judgment issued by a court.

(Added to NRS by 1999, 2951 ; A 2007, 861 ; 2011, 489 ; 2019, 1608 )

NRS 624.355

NRS

624.355

Annual review of complaints by Board; report to Governor and Legislature; duty to inform public.

On or before September 1 of each even-numbered year, the Board or its designee shall:

(a) Review the complaints received by the Board to ascertain whether there are any similarities or common trends among any of those complaints;

(b) Prepare a written summary that identifies potential difficulties in the regulation of contractors and the protection of the public pursuant to this chapter; and

(1) The Governor; and

(2) The Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature.

The Board shall take such action as is necessary to keep the public informed of its activities pursuant to this section.

(Added to NRS by 1999, 2953 )

NRS 624.420

NRS

624.420

Injured person defined.

Injured person means an owner who:

Is damaged by the failure of a residential contractor to perform qualified services adequately; or
Pays to obtain a release of a lien:

(a) Which is recorded:

(1) For the value of any materials or services rendered in connection with a construction project; and

(2) Against property to be improved by the project; and

(b) When a licensee or agent or officer thereof:

(1) Willfully or deliberately fails to pay any money when due for the materials or services; and

(2) Has received sufficient money as payment for the materials or services.

(Added to NRS by 1999, 1967 ; A 2001, 141 ; 2009, 766 )

NRS 624.430

NRS

624.430

Owner defined.

Owner means a natural person who owns a single-family residence and who contracts with a residential contractor for the performance of qualified services with respect to the residence. The term includes a subsequent owner.

(Added to NRS by 1999, 1967 ; A 2001, 141 )

NRS 624.470

NRS

624.470

Establishment of account; reference to account as Recovery Fund; collection of biennial assessment; reduction in amount of assessment under certain circumstances; use of money in account.

Except as otherwise provided in subsection 3, in addition to the fee for a license required pursuant to NRS 624.280 , a residential contractor shall pay to the Board an assessment not to exceed the following amount, if the monetary limit on the residential contractors license is:

Not more than $1,000,000.......................................................... $200 per biennium

More than $1,000,000 but limited............................................... 500 per biennium

Unlimited..................................................................................... 1,000 per biennium

The Board shall administer and account separately for the money received from the assessments collected pursuant to subsection 1. The Board may refer to the money in the account as the Recovery Fund.
The Board shall reduce the amount of the assessments collected pursuant to subsection 1 when the balance in the account reaches 150 percent of the largest balance in the account during the previous fiscal year.
Except as otherwise provided in NRS 624.540 , the money in the account must be used to pay claims made by injured persons, as provided in NRS 624.400 to 624.560 , inclusive.

(Added to NRS by 1999, 1967 ; A 2003, 1902 ; 2007, 863 ; 2009, 766 ; 2021, 420 )

NRS 624.490

NRS

624.490

Application to Board for satisfaction of judgment from account.

Within 2 years after an injured person has obtained a judgment in any court of competent jurisdiction for recovery of damages against a residential contractor for an act or omission of the residential contractor that is in violation of this chapter or the regulations adopted pursuant thereto, the injured person may apply to the Board for satisfaction of the judgment from the account if:

The proceedings in connection with the judgment have terminated, including appeals;
The injured person submits an application on a form established for this purpose by the Board;
The injured person submits proof satisfactory to the Board of the judgment; and
Upon obtaining payment from the account, the injured person assigns to the Board his or her rights to enforce the judgment up to the amount of his or her payment from the account. All other applicable rights remain with the injured person.

(Added to NRS by 1999, 1968 ; A 2021, 421 )

NRS 624.510

NRS

624.510

Eligibility for recovery from account; restrictions; maximum amount of individual recovery from account; Board subrogated to rights of injured person; maximum amount of recovery from account for claims against individual contractor.

Except as otherwise provided in subsection 2 and NRS 624.490 , an injured person is eligible for recovery from the account if the Board or its designee finds that the injured person suffered actual damages as a result of an act or omission of a residential contractor that is in violation of this chapter or the regulations adopted pursuant thereto.
An injured person is not eligible for recovery from the account if:

(a) The injured person is cohabitating with the licensee, is related to the licensee by marriage or by blood in the first or second degree of consanguinity, or is a personal representative of a person cohabitating with the licensee or related to the licensee by marriage or by blood in the first or second degree of consanguinity;

(b) The injured person was associated in a business relationship with the licensee other than the contract at issue;

(c) At the time of contracting with the residential contractor, the license of the residential contractor was suspended or revoked pursuant to NRS 624.300 ;

(d) The injured person:

(1) Applied for and obtained any building permit for the single-family residence at which the act or omission occurred and for which the injured person wishes to recover actual damages from the account; or

(2) Constructed the residence as the owner-builder of the residence;

(e) The claim submitted by the injured person for recovery from the account contains:

(1) A false or misleading statement; or

(2) A forged or altered receipt or other document which includes an improvement, upgrade or work that exceeds the scope of the contract at issue;

(f) The injured person is a lien claimant who has not filed a lien in accordance with the provisions of NRS 108.221 to 108.246 , inclusive; or

(g) The single-family residence at which the act or omission occurred and for which the injured person wishes to recover actual damages from the account was constructed, remodeled, repaired or improved with the intent of renting, leasing or selling the residence within 1 year after the date of completion of the construction, remodeling, repair or improvement. The offering of the residence for rent, lease or sale within 1 year after that date creates a rebuttable presumption that the construction, remodeling, repair or improvement was performed with the intent to rent, lease or sell the residence.

If the Board or its designee determines that an injured person is eligible for recovery from the account pursuant to this section or NRS 624.490 , the Board or its designee may pay out of the account:

(a) The amount of actual damages suffered, but not to exceed $40,000; or

(b) If a judgment was obtained as set forth in NRS 624.490 , the amount of actual damages included in the judgment and remaining unpaid, but not to exceed $40,000.

The decision of the Board or its designee regarding eligibility for recovery and all related issues is final and not subject to judicial review.
If the injured person has recovered a portion of his or her loss from sources other than the account, the Board shall deduct the amount recovered from the other sources from the amount payable upon the claim and direct the difference to be paid from the account.
To the extent of payments made from the account, the Board is subrogated to the rights of the injured person, including, without limitation, the right to collect from a surety bond or a cash bond. The Board and the Attorney General shall promptly enforce all subrogation claims.
The amount of recovery from the account based upon claims made against any single contractor must not exceed $750,000 or 20 percent of the account balance, as determined on the date the Board approves payment of all the claims, whichever is less.
As used in this section, actual damages includes attorneys fees or costs in contested cases appealed to the appellate court of competent jurisdiction. The term does not include any other attorneys fees or costs.

(Added to NRS by 1999, 1968 ; A 2005, 20 ; 2013, 1795 ; 2015, 2009 ; 2019, 36 )

NRS 624.520

NRS

624.520

Contractor required to notify owner of rights related to account; written statement; administrative fine for noncompliance.

A residential contractor shall notify an owner with whom he or she contracts of the rights of the owner pursuant to NRS 624.400 to 624.560 , inclusive, including, without limitation, providing a written statement explaining those rights in any agreement or contract for qualified services. The written statement must be in substantially the following form:

RESIDENTIAL CONSTRUCTION RECOVERY FUND

Payment may be available from the Recovery Fund if you are damaged financially by a project performed on your residence pursuant to a contract, including construction, remodeling, repair or other improvements, and the damage resulted from certain specified violations of Nevada law by a contractor licensed in this State. To obtain information relating to the Recovery Fund and filing a claim for recovery from the Recovery Fund, you may contact the State Contractors Board.

The Board may impose upon a contractor an administrative fine:

(a) Of not more than $250 for the first violation of subsection 1; and

(b) Of not more than $500 for a second or subsequent violation of subsection 1.

The Board shall deposit any money received pursuant to this section in the account established pursuant to NRS 624.470 .

(Added to NRS by 1999, 1970 ; A 2019, 38 ; 2021, 421 )

NRS 624.530

NRS

624.530

Board retains authority to take disciplinary action against residential contractor; additional actions by Board against residential contractor.

The provisions of NRS 624.400 to 624.560 , inclusive, do not limit the authority of the Board to take disciplinary action against a residential contractor.
If the Board or its designee finds that an owner recovered from the account an amount paid by the owner to obtain a release of a lien recorded against property to be improved by a construction project as a result of a residential contractors act or omission as described in subsection 2 of NRS 624.3012 , in addition to any disciplinary action that the Board takes against the residential contractor pursuant to subsection 1, the Board may:

(a) Suspend or revoke the license of the residential contractor; and

(b) Prohibit the issuance, reinstatement or renewal of a license to the residential contractor and any officer, director, associate or partner thereof, unless the residential contractor or any officer, director, associate or partner thereof repays to the account or the owner, or both, as appropriate, any amount paid out of the account or by the owner as a result of the act or omission of the residential contractor.

(Added to NRS by 1999, 1970 ; A 2009, 766 ; 2021, 422 )

NRS 624.600

NRS

624.600

Required disclosures by general building contractor to owner of single-family residence with whom contractor has contracted.

A general building contractor shall provide in writing to the owner of a single-family residence with whom he or she has contracted:

The name, license number, business address and telephone number of:

(a) All subcontractors with whom he or she has contracted on the project; and

(b) All persons who furnish material of the value of $500 or more to be used in the project.

A notice that a person described in subsection 1 may record a notice of lien upon the residence of the owner and any building, structure and improvement thereon pursuant to the provisions of NRS 108.226 .
An informational form, whose contents must be prescribed by the Board, regarding:

(a) Contractors pursuant to this chapter; and

(b) Mechanics and materialmens liens pursuant to

chapter 108 of NRS.

(Added to NRS by 1997, 2686 )

NRS 624.602

NRS

624.602

Required disclosure and provision of builders warranty to purchaser by licensee who completes construction of new, single-family residence.

A licensee who completes construction of a new, single-family residence shall provide to the purchaser of the residence:

(a) A separate, single-page disclosure describing the rights of the purchaser under this chapter, including, without limitation, the right to file a complaint pursuant to NRS 624.480 seeking recovery from the account established pursuant to NRS 624.470 ; and

(b) A builders warranty that meets the requirements of this section.

A builders warranty provided by a licensee pursuant to this section must:

(a) Be in writing.

(b) Be valid for a period of at least 1 year from the date of completion of a written punch list. As used in this paragraph, punch list means a list of any materials or work describing incomplete or incorrect installations or incidental damage to existing finishes, material and structures that do not conform to the specifications of the contract or the requirements of subsection 1 of NRS 624.3017 .

(c) Contain terms that include, without limitation, warrantying all home systems, workmanship, materials, plumbing, electrical and mechanical systems, appliances installed by contractors, fixtures, equipment and structural components, unless a separate warranty is provided by the manufacturer or installer of such a product, component or system.

(d) Be transferable to a subsequent purchaser of the residence.

(e) Not be deemed, construed or interpreted to constitute a waiver or release of any other warranty from the licensee provided by contract or otherwise available under the laws of this State.

(Added to NRS by 2019, 2283 )

NRS 624.605

NRS

624.605

Availability to contractor of names and addresses of subcontractors delinquent in payment of contributions for unemployment or industrial insurance.

The Employment Security Division of the Department of Employment, Training and Rehabilitation and the Administrator of the Division of Industrial Relations of the Department of Business and Industry shall make available, upon request, to any licensed contractor the names and addresses of subcontractors who are delinquent in paying the amounts owed by the subcontractor to:

The Division for benefits for unemployment pursuant to chapter 612 of NRS; and
A private carrier that provides industrial insurance in this State for premiums for industrial insurance.

(Added to NRS by 1983, 1350 ; A 1993, 1890 ; 1995, 634 , 2048 ;

1999, 1828 )

RIGHTS, DUTIES AND LIABILITIES UNDER CERTAIN AGREEMENTS FOR WORKS OF IMPROVEMENT

General Provisions

NRS 624.607

NRS

624.607

Higher-tiered contractor defined.

Higher-tiered contractor means a prime contractor or subcontractor who has entered into an oral or written agreement with a lower-tiered subcontractor pursuant to which the lower-tiered subcontractor has agreed to provide work, materials or equipment for a work of improvement.

(Added to NRS by 2001, 1615 ; A 2005, 1721 )

NRS 624.608

NRS

624.608

Lower-tiered subcontractor defined.

Lower-tiered subcontractor means a subcontractor who has agreed in an oral or written agreement with a higher-tiered contractor to provide work, materials or equipment for a work of improvement.

(Added to NRS by 2001, 1615 ; A 2005, 1722 )

NRS 624.6084

NRS

624.6084

Owner defined.

Owner means an owner or lessee of real property or any improvement who enters into an oral or written agreement with a prime contractor pursuant to which the prime contractor agrees to provide work, materials or equipment for a work of improvement.
The term includes, without limitation, an owner of a planned unit development who enters into one or more oral or written agreements to construct a work of improvement in the planned unit development in the manner described in subsection 5 of NRS 624.020 .

(Added to NRS by 2005, 1223 , 1721 )

NRS 624.6086

NRS

624.6086

Prime contractor defined.

Prime contractor means a contractor who enters into an oral or written agreement with an owner pursuant to which the prime contractor agrees to provide work, materials or equipment for a work of improvement.

(Added to NRS by 2005, 1223 , 1721 )

Agreements Between Owner and Prime Contractor

NRS 624.609

NRS

624.609

Payment of prime contractor during performance of agreement; grounds and procedure for withholding amounts from payment; rights and duties after notice of withholding, notice of objection or notice of correction.

Except as otherwise provided in subsections 2 and 4 and subsection 4 of NRS 624.622 , if an owner of real property enters into a written or oral agreement with a prime contractor for the performance of work or the provision of materials or equipment by the prime contractor, the owner must:

(a) Pay the prime contractor on or before the date a payment is due pursuant to a schedule for payments established in a written agreement; or

(b) If no such schedule is established or if the agreement is oral, pay the prime contractor within 21 days after the date the prime contractor submits a request for payment.

If an owner has complied with subsection 3, the owner may:

(a) Withhold from any payment to be made to the prime contractor:

(1) A retention amount that, if the owner is authorized to withhold a retention amount pursuant to the agreement, must not exceed 5 percent of the amount of the payment to be made;

(2) An amount equal to the sum of the value of:

(I) Any work or labor that has not been performed or materials or equipment that has not been furnished for which payment is being sought, unless the agreement otherwise allows or requires such a payment to be made; and

(II) Costs and expenses reasonably necessary to correct or repair any work which is the subject of the request for payment and which is not materially in compliance with the agreement to the extent that such costs and expenses exceed 50 percent of the retention amount withheld pursuant to subparagraph (1); and

(3) The amount the owner has paid or is required to pay pursuant to an official notice from a state agency or employee benefit trust fund, for which the owner is or may reasonably be liable for the prime contractor or his or her lower-tiered subcontractors in accordance with chapter 608 , 612 ,

616A to 616D , inclusive, or 617 of NRS; and

(b) Require as a condition precedent to the payment of any amount due, lien releases furnished by the prime contractor and his or her lower-tiered subcontractors and suppliers in accordance with the provisions of paragraphs (a) and (c) of subsection 5 of NRS 108.2457 .

If, pursuant to subparagraph (2) or (3) of paragraph (a) of subsection 2 or paragraph (b) of subsection 2, an owner intends to withhold any amount from a payment to be made to a prime contractor, the owner must give, on or before the date the payment is due, a written notice to the prime contractor of any amount that will be withheld. The written notice of withholding must:

(a) Identify the amount of the request for payment that will be withheld from the prime contractor;

(b) Give a reasonably detailed explanation of the condition or the reason the owner will withhold that amount, including, without limitation, a specific reference to the provision or section of the agreement, and any documents relating thereto, and the applicable building code, law or regulation with which the prime contractor has failed to comply; and

A prime contractor who receives a notice of withholding pursuant to subsection 3 or a notice of objection pursuant to subparagraph (2) of paragraph (b) may:

(a) Give the owner a written notice and thereby dispute in good faith and for reasonable cause the amount withheld, or the condition or reason for the withholding; or

(b) Correct any condition or reason for the withholding described in the notice of withholding and thereafter provide written notice to the owner of the correction of the condition or reason for the withholding. The notice of correction must be sufficient to identify the scope and manner of the correction of the condition or reason for the withholding and be signed by an authorized representative of the prime contractor. If an owner receives a written notice from the prime contractor of the correction of a condition or reason for the withholding pursuant to this paragraph, the owner shall:

(1) Pay the amount withheld by the owner for that condition or reason for the withholding on or before the date the next payment is due the prime contractor; or

(2) Object to the scope and manner of the correction of the condition or reason for the withholding, on or before the date the next payment is due to the prime contractor, in a written statement which sets forth the condition or reason for the objection and which complies with subsection 3. If the owner objects to the scope and manner of the correction of a condition or reason for the withholding, the owner shall nevertheless pay to the prime contractor, along with the payment to be made pursuant to the prime contractors next payment request, the amount withheld for the correction of the condition or reason for the withholding to which the owner no longer objects.

Except as otherwise allowed in subsections 2, 3 and 4, an owner shall not withhold from a payment to be made to a prime contractor more than the retention amount.

(Added to NRS by 2001, 1619 ; A 2005, 1722 ; 2015, 2623 )

NRS 624.610

NRS

624.610

Grounds and procedure for stopping work or terminating agreement; change orders; damages and other remedies; rights of lower-tiered subcontractors; limitations on liability.

(a) An owner fails to pay the prime contractor in the time and manner required by subsection 1 or 4 of NRS 624.609 ;

(b) An owner fails to give the prime contractor written notice of any withholding in the time and manner required by subsection 3 or 4 of NRS 624.609 ;

(c) After receipt of a notice of withholding given pursuant to subsection 3 or 4 of NRS 624.609 , the prime contractor gives the owner written notice pursuant to subsection 4 of NRS 624.609 and thereby disputes in good faith and for reasonable cause the amount withheld or the condition or reason for the withholding; or

(d) Within 30 days after the date that a written request for a change order is submitted by the prime contractor to the owner, the owner fails to:

(1) Issue the change order; or

(2) If the request for a change order is unreasonable or does not contain sufficient information to make a determination, give written notice to the prime contractor of the reasons why the change order is unreasonable or explain that additional information and time are necessary to make a determination,

Ê the prime contractor may stop work after giving written notice to the owner at least 10 days before stopping work.

If a prime contractor stops work pursuant to paragraph (a), (b) or (c) of subsection 1, the prime contractor may terminate the agreement by giving written notice of termination to the owner after stopping work but at least 15 days before terminating the agreement. If the prime contractor is paid the amount due before the date for termination of the agreement set forth in the written notice, the prime contractor shall not terminate the agreement and shall resume work.
If an owner fails to issue a change order or give written notice to the prime contractor pursuant to the provisions of paragraph (d) of subsection 1:

(a) The agreement price must be increased by the amount sought in the request for a change order;

(b) The time for performance must be extended by the amount sought in the request for a change order;

(c) The prime contractor may submit to the owner a bill or invoice for the labor, materials, equipment or services that are the subject of the request for a change order; and

(d) The owner shall pay the prime contractor for such labor, materials, equipment or services with the next payment made to the prime contractor.

If the owner through his or her own act or neglect, or through an act or neglect of his or her agent, excluding acts of God, floods, fires, labor disputes, strikes or reasonable adjustments to work schedules, causes the work to be stopped for a period of 15 days or more, the prime contractor may terminate the agreement if:

(a) The prime contractor gives written notice of his or her intent to terminate to the owner at least 10 days before terminating the agreement; and

(b) The owner fails to allow work to resume within the time set forth in the written notice given pursuant to paragraph (a).

If a prime contractor stops work pursuant to subsection 1, the owner may terminate the agreement by giving the prime contractor written notice of his or her intent to terminate at least 15 days before terminating the agreement.
If the agreement is terminated pursuant to subsection 4, or if the prime contractor stops work in accordance with this section and the agreement is terminated pursuant to subsection 1 or 5, the prime contractor is entitled to recover from the owner payment in an amount found by a trier of fact to be due the prime contractor, including, without limitation:

(a) The cost of all work, labor, materials, equipment and services furnished by and through the prime contractor, including any overhead the prime contractor and his or her lower-tiered subcontractors and suppliers incurred and profit the prime contractor and his or her lower-tiered subcontractors and suppliers earned through the date of termination;

(b) The balance of the profit that the prime contractor and his or her lower-tiered subcontractors and suppliers would have received if the agreement had been performed in full;

(d) The reasonable costs, including court and arbitration costs, incurred by the prime contractor and his or her lower-tiered subcontractors in collecting the amount due.

Ê In any action brought to enforce the rights or obligations set forth in this subsection, the trier of fact may award reasonable attorneys fees to the prime contractor and his or her lower-tiered subcontractors and suppliers or, if the trier of fact determines that the prime contractor stopped work or terminated the agreement without a reasonable basis in law or fact, the trier of fact may award reasonable attorneys fees and costs, including court and arbitration costs, to the owner.

If a prime contractor stops work pursuant to subsection 1, each lower-tiered subcontractor with whom the prime contractor has entered into an agreement and who has not fully performed under that agreement may also stop work on the work of improvement. If a prime contractor terminates an agreement pursuant to this section, all such lower-tiered subcontractors may terminate their agreements with the prime contractor.
The right of a prime contractor to stop work or terminate an agreement pursuant to this section is in addition to all other rights that the prime contractor may have at law or in equity and does not impair or affect the right of a prime contractor to maintain a civil action or to submit any controversy arising under the agreement with the owner to arbitration.
No prime contractor or his or her lower-tiered subcontractors or suppliers, or their respective sureties, may be held liable for any delays or damages that an owner may suffer as a result of the prime contractor or lower-tiered subcontractors or suppliers stopping their work or the provision of materials or equipment or terminating an agreement for a reasonable basis in law or fact and in accordance with this section or reasonable cause and in accordance with this section or NRS 624.626 .

(Added to NRS by 1975, 1382 ; A 1987, 533 ; 1989, 1535 ; 1991, 146 ; 1999, 238 ; 2001, 1622 ; 2005, 1723 )

NRS 624.620

NRS

624.620

Payment of prime contractor after work of improvement is available for use or occupancy; grounds and procedure for withholding amounts from payment; rights and duties after notice of withholding or notice of correction; partial payments.

Except as otherwise provided in this section, any money remaining unpaid for the construction of a work of improvement is payable to the prime contractor within 30 days after:

(a) Occupancy or use of the work of improvement by the owner or by a person acting with the authority of the owner; or

(b) The availability of a work of improvement for its intended use. The prime contractor must have provided to the owner:

(1) A written notice of availability on or before the day on which the prime contractor claims that the work of improvement became available for use or occupancy; or

(2) A certificate of occupancy or temporary certificate of occupancy issued by the appropriate building inspector or other authority.

If the owner has complied with subsection 3, the owner may:

(a) Withhold payment for the amount of:

(1) Any work or labor that has not been performed or materials or equipment that has not been furnished for which payment is sought;

(2) The costs and expenses reasonably necessary to correct or repair any work that is not materially in compliance with the agreement to the extent that such costs and expenses exceed 50 percent of the amount of retention being withheld pursuant to the terms of the agreement; and

(3) Money the owner has paid or is required to pay pursuant to an official notice from a state agency, or employee benefit trust fund, for which the owner is liable for the prime contractor or his or her lower-tiered subcontractors in accordance with chapter 608 , 612 ,

616A to 616D , inclusive, or 617 of NRS.

(b) Require, as a condition precedent to the payment of any unpaid amount under the agreement, that lien releases be furnished by the prime contractor and his or her lower-tiered subcontractors and suppliers in accordance with the provisions of paragraphs (a) and (c) of subsection 5 of NRS 108.2457 .

If, pursuant to paragraph (a) of subsection 2, an owner intends to withhold any amount from a payment to be made to a prime contractor, the owner must, on or before the date the payment is due, give written notice to the prime contractor of any amount that will be withheld. The written notice of withholding must:

(a) Identify the amount that will be withheld from the prime contractor;

(b) Give a reasonably detailed explanation of the condition for which or the reason the owner will withhold that amount, including, without limitation, a specific reference to the provision or section of the agreement with the prime contractor, and any documents relating thereto, and the applicable building code, law or regulation with which the prime contractor has failed to comply; and

A prime contractor who receives a notice of withholding pursuant to subsection 3 may correct any condition or reason for the withholding described in the notice of withholding and thereafter provide written notice to the owner of the correction of the condition or reason for the withholding. The notice of correction must be sufficient to identify the scope and manner of the correction of the condition or reason for the withholding and be signed by an authorized representative of the prime contractor. If an owner receives a written notice from the prime contractor of the correction of a condition or reason for the withholding described in an owners notice of withholding pursuant to subsection 3, the owner must, within 10 days after receipt of such notice:

(a) Pay the amount withheld by the owner for that condition or reason for the withholding; or

(b) Object to the scope and manner of the correction of the condition or reason for the withholding in a written statement that sets forth the reason for the objection and complies with subsection 3. If the owner objects to the scope and manner of the correction of a condition or reason for the withholding, the owner shall nevertheless pay to the prime contractor, along with the payment to be made pursuant to the prime contractors next payment request, the amount withheld for the correction of the condition or reason for the withholding to which the owner no longer objects.

The partial occupancy or availability of a building requires payment in direct proportion to the value of the part of the building which is partially occupied or partially available. For works of improvement which involve more than one building, each building must be considered separately in determining the amount of money which is payable to the prime contractor.

(Added to NRS by 1983, 425 ; A 1987, 557 ; 2001, 1624 ; 2003, 2619 ; 2005, 1224 , 1726 ;

2015, 2624 )

NRS 624.622

NRS

624.622

Requirements concerning notices; prohibited provisions; exemptions; requests for information.

A prime contractor shall provide a copy of any notice given to an owner pursuant to subsection 1 or 2 of NRS 624.610 to each lower-tiered subcontractor with whom the prime contractor has entered into an agreement. Upon receipt of payment pursuant to NRS 624.609 , the prime contractor shall notify all such lower-tiered subcontractors in writing of receipt of payment.
A condition, stipulation or provision in an agreement which:

(a) Requires a prime contractor to waive any rights provided in this section, NRS 624.609 ,

624.610 , 624.620 or 624.630 , or which limits those rights;

(b) Relieves an owner of any obligation or liability imposed pursuant to NRS 624.606

to 624.630 , inclusive; or

(c) Requires a prime contractor to waive, release or extinguish a claim or right for damages or an extension of time that the prime contractor may otherwise possess or acquire as a result of delay, acceleration, disruption or an impact event that is unreasonable under the circumstances, that was not within the contemplation of the parties at the time the agreement was entered into, or for which the prime contractor is not responsible,

Ê is against public policy and is void and unenforceable.

All notices required pursuant to NRS 624.609 to 624.622 , inclusive, must be:

(a) Delivered personally, in which case the prime contractor shall obtain a notarized statement from the person who delivered the notice as proof of delivery;

(b) Sent by facsimile and delivered by regular mail, in which case the prime contractor shall retain proof of a successful transmission of the facsimile;

(d) Delivered in the manner provided for in the agreement.

NRS 624.609 to 624.622 , inclusive, do not apply to an agreement between:

(a) A prime contractor and a natural person who owns a single-family residence for the performance of qualified services with respect to the residence; or

(b) A public body and a prime contractor for the performance of work and labor on a public work.

Within 5 days after an owner receives a written request for the information set forth in paragraphs (a), (b) and (c) from a lower-tiered subcontractor, the owner shall notify the lower-tiered subcontractor in writing of the following:

(a) The date the owner made a specified payment to the prime contractor;

(b) Whether the owner has paid the entire amount of a specified payment to the prime contractor; and

(c) The amount withheld by the owner from a specified payment to the prime contractor and the condition or reason for the withholding.

(Added to NRS by 2001, 1620 ; A 2005, 1727 )

Agreements Between Higher-Tiered Contractor and Lower-Tiered Subcontractor

NRS 624.624

NRS

624.624

Payment of lower-tiered subcontractor; grounds and procedure for withholding amounts from payment; rights and duties after notice of withholding, notice of objection or notice of correction.

Except as otherwise provided in this section, if a higher-tiered contractor enters into:

(a) A written agreement with a lower-tiered subcontractor that includes a schedule for payments, the higher-tiered contractor shall pay the lower-tiered subcontractor:

(1) On or before the date payment is due; or

(2) Within 10 days after the date the higher-tiered contractor receives payment for all or a portion of the work, materials or equipment described in a request for payment submitted by the lower-tiered subcontractor,

Ê whichever is earlier.

(b) A written agreement with a lower-tiered subcontractor that does not contain a schedule for payments, or an agreement that is oral, the higher-tiered contractor shall pay the lower-tiered subcontractor:

(1) Within 30 days after the date the lower-tiered subcontractor submits a request for payment; or

(2) Within 10 days after the date the higher-tiered contractor receives payment for all or a portion of the work, labor, materials, equipment or services described in a request for payment submitted by the lower-tiered subcontractor,

Ê whichever is earlier.

If a higher-tiered contractor has complied with subsection 3, the higher-tiered contractor may:

(a) Withhold from any payment owed to the lower-tiered subcontractor:

(1) A retention amount that the higher-tiered contractor is authorized to withhold pursuant to the agreement, but the retention amount withheld must not exceed 5 percent of the payment that is required pursuant to subsection 1;

(2) An amount equal to the sum of the value of:

(3) The amount the owner or higher-tiered contractor has paid or is required to pay pursuant to an official notice from a state agency or employee benefit trust fund, for which the owner or higher-tiered contractor is or may reasonably be liable for the lower-tiered subcontractor or his or her lower-tiered subcontractors in accordance with chapter 608 , 612 ,

616A to 616D , inclusive, or 617 of NRS; and

(b) Require as a condition precedent to the payment of any amount due, lien releases furnished by the lower-tiered subcontractor and his or her lower-tiered subcontractors and suppliers in accordance with the provisions of paragraphs (a) and (c) of subsection 5 of NRS 108.2457 .

If, pursuant to subparagraph (2) or (3) of paragraph (a) of subsection 2 or paragraph (b) of subsection 2, a higher-tiered contractor intends to withhold any amount from a payment to be made to a lower-tiered subcontractor, the higher-tiered contractor must give, on or before the date the payment is due, a written notice to the lower-tiered subcontractor of any amount that will be withheld and give a copy of such notice to all reputed higher-tiered contractors and the owner. The written notice of withholding must:

(a) Identify the amount of the request for payment that will be withheld from the lower-tiered subcontractor;

(b) Give a reasonably detailed explanation of the condition or the reason the higher-tiered contractor will withhold that amount, including, without limitation, a specific reference to the provision or section of the agreement with the lower-tiered subcontractor, and any documents relating thereto, and the applicable building code, law or regulation with which the lower-tiered subcontractor has failed to comply; and

A lower-tiered subcontractor who receives a notice of withholding pursuant to subsection 3 or a notice of objection pursuant to subparagraph (2) of paragraph (b) may:

(a) Give the higher-tiered contractor a written notice and thereby dispute in good faith and for reasonable cause the amount withheld or the conditions or reasons for the withholding; or

(b) Correct any condition or reason for the withholding described in the notice of withholding and thereafter provide written notice to the higher-tiered contractor of the correction of the condition or reason for the withholding. The notice of correction must be sufficient to identify the scope and manner of the correction of the condition or reason for the withholding and be signed by an authorized representative of the lower-tiered subcontractor. If a higher-tiered contractor receives a written notice from the lower-tiered subcontractor of the correction of a condition or reason for the withholding pursuant to this paragraph, the higher-tiered contractor shall:

(1) Pay the amount withheld by the higher-tiered contractor for that condition or reason for the withholding on or before the date the next payment is due the lower-tiered subcontractor; or

(2) Object to the scope and manner of the correction of the condition or reason for the withholding, on or before the date the next payment is due to the lower-tiered subcontractor, in a written statement which sets forth the condition or reason for the objection and which complies with subsection 3. If the higher-tiered contractor objects to the scope and manner of the correction of a condition or reason for the withholding, the higher-tiered contractor shall nevertheless pay to the lower-tiered subcontractor, along with payment to be made pursuant to the lower-tiered subcontractors next payment request, the amount withheld for the correction of the conditions or reasons for the withholding to which the higher-tiered contractor no longer objects.

Except as otherwise allowed in subsections 2, 3 and 4, a higher-tiered contractor shall not withhold from a payment to be made to a lower-tiered subcontractor more than the retention amount.

(Added to NRS by 2001, 1615 ; A 2005, 1728 ; 2015, 2626 )

NRS 624.626

NRS

624.626

Grounds and procedure for stopping work or terminating agreement; change orders; damages and other remedies; rights of lower-tiered subcontractors after work stoppage or termination of agreement; limitations on liability.

(a) A higher-tiered contractor fails to pay the lower-tiered subcontractor within the time provided in subsection 1 or 4 of NRS 624.624 ;

(b) A higher-tiered contractor fails to pay the lower-tiered subcontractor within 45 days after the 25th day of the month in which the lower-tiered subcontractor submits a request for payment, even if the higher-tiered contractor has not been paid and the agreement contains a provision which requires the higher-tiered contractor to pay the lower-tiered subcontractor only if or when the higher-tiered contractor is paid;

(c) A higher-tiered contractor fails to give the lower-tiered subcontractor written notice of any withholding in the time and manner required by subsection 3 or 4 of NRS 624.624 ;

(d) After receipt of a notice of withholding pursuant to subsection 3 or 4 of NRS 624.624 , the lower-tiered subcontractor gives the higher-tiered contractor written notice pursuant to subsection 4 of NRS 624.624 and thereby disputes in good faith and for reasonable cause the amount withheld or the condition or reason for the withholding; or

(e) Within 30 days after the date that a written request for a change order is submitted by the lower-tiered subcontractor to the higher-tiered contractor, the higher-tiered contractor fails to:

(1) Issue the change order; or

(2) If the request for a change order is unreasonable, give written notice to the lower-tiered subcontractor of the reasons why the change order is unreasonable,

Ê the lower-tiered subcontractor may stop work under the agreement until payment is received if the lower-tiered subcontractor gives written notice to the higher-tiered contractor at least 10 days before stopping work.

If a lower-tiered subcontractor stops work pursuant to paragraph (a), (c) or (d) of subsection 1, the lower-tiered subcontractor may terminate the agreement with the higher-tiered contractor by giving written notice of the termination to the higher-tiered contractor after stopping work but at least 15 days before the termination of the agreement. If the lower-tiered subcontractor is paid the amount due before the date for termination set forth in the written notice, the lower-tiered subcontractor shall not terminate the agreement and shall resume work.
If a higher-tiered contractor fails to issue a change order or fails to give written notice pursuant to paragraph (e) of subsection 1:

(a) The agreement price must be increased by the amount sought in the request for a change order;

(b) The time for performance must be extended by the amount sought in the request for a change order;

(c) The lower-tiered subcontractor may submit to the higher-tiered contractor a bill or invoice for the labor, materials, equipment or services that are the subject of the request for a change order; and

(d) The higher-tiered contractor shall pay the lower-tiered subcontractor for such labor, materials, equipment or services with the next payment made to the lower-tiered subcontractor.

If an owner or higher-tiered contractor through his or her own act or neglect, or through an act or neglect of his or her agent, excluding acts of God, floods, fires, labor disputes, strikes or reasonable adjustments in work schedules, causes the work to be stopped for a period of 15 days or more, the lower-tiered subcontractor may terminate the agreement if:

(a) The lower-tiered subcontractor gives written notice of his or her intent to terminate to the higher-tiered contractor at least 10 days before terminating the agreement; and

(b) The higher-tiered contractor fails to allow the lower-tiered subcontractor to resume the work within the time set forth in the written notice given pursuant to paragraph (a).

If a lower-tiered subcontractor stops work pursuant to paragraph (a), (c) or (d) of subsection 1, the higher-tiered contractor may terminate the agreement by giving the lower-tiered subcontractor written notice of his or her intent to terminate at least 15 days before terminating the agreement.
If the agreement is terminated pursuant to subsection 4, or if the lower-tiered subcontractor stops work in accordance with this section and the agreement is terminated pursuant to subsection 2 or 5, the lower-tiered subcontractor is entitled to recover from the higher-tiered contractor with whom the lower-tiered subcontractor has entered into an agreement the amount found by a trier of fact to be due the lower-tiered subcontractor, including, without limitation:

(a) The cost of all work, labor, materials, equipment and services furnished by and through the lower-tiered subcontractor, including any overhead the lower-tiered subcontractor and his or her lower-tiered subcontractors and suppliers incurred and profit the lower-tiered subcontractor and his or her lower-tiered subcontractors and suppliers earned through the date of termination;

(b) The balance of the profit that the lower-tiered subcontractor and his or her lower-tiered subcontractors and suppliers would have received if the agreement had been performed in full;

(d) The reasonable costs, including court costs and arbitration costs, incurred by the lower-tiered subcontractor and his or her lower-tiered subcontractors in collecting the amount due.

Ê In any action brought to enforce the rights or obligations set forth in this subsection, the trier of fact may award reasonable attorneys fees to the lower-tiered subcontractor and his or her lower-tiered subcontractors and suppliers or, if the trier of fact determines that the lower-tiered subcontractor stopped work or terminated the agreement without a reasonable basis in law or fact, the trier of fact may award reasonable attorneys fees and costs, including court costs and arbitration costs, to the higher-tiered contractor.

If a lower-tiered subcontractor stops work pursuant to this section, each lower-tiered subcontractor with whom the lower-tiered subcontractor has entered into an agreement and who has not fully performed under the agreement may also stop work on the work of improvement. If a lower-tiered subcontractor terminates an agreement pursuant to this section, all of his or her lower-tiered subcontractors may terminate their agreements with the lower-tiered subcontractor.
The right of a lower-tiered subcontractor to stop work or terminate an agreement pursuant to this section is in addition to all other rights that the lower-tiered subcontractor may have at law or in equity and does not impair or affect the right of a lower-tiered subcontractor to maintain a civil action or to submit any controversy arising under the agreement to arbitration.
No lower-tiered subcontractor or his or her lower-tiered subcontractors or suppliers, or their respective sureties, may be held liable for any delays or damages that an owner or higher-tiered contractor may suffer as a result of the lower-tiered subcontractor and his or her lower-tiered subcontractors and suppliers stopping their work or the provision of materials or equipment or terminating an agreement for a reasonable basis in law or fact and in accordance with this section.

(Added to NRS by 2001, 1617 ; A 2005, 1731 )

NRS 624.628

NRS

624.628

Requirements concerning notices; prohibited provisions; requests for information.

A lower-tiered subcontractor shall provide a copy of any notice given to a higher-tiered contractor pursuant to this section or NRS 624.624 or 624.626 to each lower-tiered subcontractor with whom the lower-tiered subcontractor has entered into an agreement and who has not fully performed under the agreement. Upon receipt of payment pursuant to NRS 624.624 , the lower-tiered subcontractor shall notify all of his or her lower-tiered subcontractors in writing of receipt of payment.
A lower-tiered subcontractor shall provide a copy of any notice given to a higher-tiered contractor pursuant to this section or NRS 624.624 or 624.626 to all other higher-tiered contractors and the owner, if known. The failure of a lower-tiered subcontractor to comply with this subsection does not invalidate any notice otherwise properly given.
A condition, stipulation or provision in an agreement which:

(a) Requires a lower-tiered subcontractor to waive any rights provided in NRS 624.624

to 624.630 , inclusive, or which limits those rights;

(b) Relieves a higher-tiered contractor of any obligation or liability imposed pursuant to NRS 624.624 to 624.630 , inclusive; or

(c) Requires a lower-tiered subcontractor to waive, release or extinguish a claim or right for damages or an extension of time that the lower-tiered subcontractor may otherwise possess or acquire as a result of delay, acceleration, disruption or an impact event that is unreasonable under the circumstances, that was not within the contemplation of the parties at the time the agreement was entered into, or for which the lower-tiered subcontractor is not responsible,

Ê is against public policy and is void and unenforceable.

All notices required pursuant to this section or NRS 624.624 or 624.626 must be:

(a) Delivered personally, in which case the lower-tiered subcontractor shall obtain a notarized statement from the person who delivered the notice as proof of delivery;

(b) Sent by facsimile and delivered by regular mail, in which case the lower-tiered subcontractor shall retain proof of a successful transmission of the facsimile;

(d) Delivered in the manner provided in the agreement between the higher-tiered contractor and the lower-tiered subcontractor.

Within 5 days after the owner or any higher-tiered contractor receives a written request for the information set forth in paragraphs (a), (b) and (c) from a lower-tiered subcontractor with respect to an agreement that has not been fully performed, the owner or higher-tiered contractor shall notify the lower-tiered subcontractor in writing of the following:

(a) The date the owner or higher-tiered contractor made a specified payment to the prime contractor or lower-tiered subcontractor;

(b) Whether the owner or higher-tiered contractor has paid the prime contractor or lower-tiered subcontractor the entire amount of a specified payment; and

(c) The amount withheld by the owner or higher-tiered contractor of a specified payment to his or her prime contractor or lower-tiered subcontractor and the condition or reason for the withholding.

(Added to NRS by 2001, 1618 ; A 2005, 1733 )

Payment of Interest

NRS 624.630

NRS

624.630

Accrual of interest on money due; rate of interest. Any money which is payable to a prime contractor, higher-tiered contractor or lower-tiered subcontractor pursuant to NRS 624.609 , 624.610 , 624.620 , 624.624 ,

624.626 or 624.628 accrues interest from the time it becomes due at a rate equal to the higher of:

The rate agreed upon in the agreement between the parties; or
The rate equal to the prime rate at the largest bank in this State, as determined by the Commissioner of Financial Institutions on January 1 or July 1, as the case may be, immediately preceding:

(a) The time at which the agreement was signed; or

(b) If the agreement was oral, the time at which the terms of the agreement were agreed to by the parties,

Ê plus 4 percent until the date of payment.

(Added to NRS by 1987, 557 ; A 2005, 1734 )

PROHIBITED ACTS; PENALTIES; ENFORCEMENT

NRS 624.700

NRS

624.700

Engaging in business or submitting bid without license unlawful; prosecution; damages; bid submitted in violation of section void.

It is unlawful for any person or combination of persons to:

(a) Engage in the business or act in the capacity of a contractor within this State; or

(b) Submit a bid on a job situated within this State,

Ê without having an active license therefor as provided in this chapter, unless that person or combination of persons is exempted from licensure pursuant to NRS 624.031 .

The district attorneys in this State shall prosecute all violations of this section which occur in their respective counties, unless the violations are prosecuted by the Attorney General. Upon the request of the Board, the Attorney General shall prosecute any violation of this section in lieu of prosecution by the district attorney.
In addition to any other penalty imposed pursuant to this chapter, a person who is convicted of violating subsection 1 may be required to pay:

(a) Court costs and the costs of prosecution;

(b) Reasonable costs of the investigation of the violation to the Board;

(c) Damages the person caused as a result of the violation up to the amount of the persons pecuniary gain from the violation; or

(d) Any combination of paragraphs (a), (b) and (c).

If a person submits a bid or enters into a contract in violation of subsection 1, the bid or contract shall be deemed void ab initio.

[1:Art. VII:186:1941; A 1953, 521 ]—(NRS A 1967, 1042 ; 1969, 939 ; 1987, 771 ; 1995, 927 ; 1999, 2957 )

NRS 624.720

NRS

624.720

Unlawful advertising; disconnection of telephone number listed in unlawful advertisement.

It is unlawful for any person, including a person exempt under the provisions of NRS 624.031 , to advertise as a contractor unless the person has a license in the appropriate classification established by the provisions of NRS 624.215 and 624.220 .
Notwithstanding any other provision of this chapter, any person not licensed pursuant to the provisions of this chapter who advertises to perform or complete construction work or a work of improvement must state in the advertisement that he or she is not licensed pursuant to this chapter.
It is unlawful for a licensed contractor to disseminate, as part of any advertising by the contractor, any false or misleading statement or representation of material fact that is intended, directly or indirectly, to induce another person to use the services of the contractor or to enter into any contract with the contractor or any obligation relating to such a contract.
All advertising by a licensed contractor must include the name of the contractors company and the number of the contractors license.
It is unlawful for any person, whether or not licensed pursuant to this chapter, to advertise to perform or complete construction work or a work of improvement using a license number that does not correspond to a valid license issued to that person under this chapter.
If, after giving notice and holding a hearing pursuant to NRS 624.291 , the Board determines that a person has engaged in advertising in a manner that violates the provisions of this section, the Board may, in addition to any penalty, punishment or disciplinary action authorized by the provisions of this chapter, issue an order to the person to cease and desist the unlawful advertising and to cause any telephone number included in the advertising to be disconnected.
If a person fails to comply with subsection 6 within 5 days after receiving an order pursuant to subsection 6, the Board may request the Public Utilities Commission of Nevada to order the appropriate provider of telephone service to disconnect any telephone number included in the advertisement.
As used in this section:

(a) Advertising includes, but is not limited to, the issuance of any sign, card or device, or the permitting or allowing of any sign or marking on a motor vehicle, in any building, structure, newspaper, magazine or airway transmission, on the Internet or in any directory under the listing of contractor with or without any limiting qualifications.

(b) Provider of telephone service has the meaning ascribed to it in NRS 707.355 .

(Added to NRS by 1975, 1159 ; A 1987, 1101 ; 1999, 2857 , 2965 ;

2001, 213 ; 2005, 1208 ; 2015, 391 ; 2019, 2036 )

NRS 624.730

NRS

624.730

Unlawful to sit for examination on behalf of another; unlawful to provide any portion of examination to another.

Except as otherwise provided in this chapter, any person other than an applicant for a contractors license who takes an examination of the Board on behalf of the applicant, is guilty of a misdemeanor.
Any person who, without the authorization of the Board, provides any portion of an examination of the Board to another person, is guilty of a misdemeanor.

(Added to NRS by 1999, 2954 )

NRS 624.740

NRS

624.740

Unlawful to act in joint venture or combination without additional license.

It is unlawful for any two or more licensees, whose licenses have been limited by the Board to contracts not exceeding certain monetary sums and each of whom has been issued a license to engage separately in the business or to act separately in the capacity of a contractor within this State, jointly to submit a bid or otherwise act in the capacity of a contractor within this State without first having secured an additional license for acting in the capacity of such a joint venture or combination in accordance with the provisions of this chapter as provided for an individual, copartnership or corporation.
A licensee whose license is limited to contracts not exceeding certain monetary sums cannot be a party to a joint venture unless such licensee has secured an additional license for such joint venture.

[4:Art. II:186:1941; A 1951, 47 ]—(NRS A 1963, 695 )

NRS 624.750

NRS

624.750

Other unlawful acts or omissions; penalties for unlawful acts and omissions.

It is unlawful for a person to commit any act or omission described in subsection 1 of NRS 624.3012 , subsection 2 of NRS 624.3013 , NRS 624.3014 or subsection 1, 3 or 7 of NRS 624.3016 .
Except as otherwise provided in subsection 3 and unless a greater penalty is otherwise provided by a specific statute, any person who violates subsection 1, NRS 624.305 , subsection 1 of NRS 624.700 or NRS 624.720 or 624.740 :

(a) For a first offense, is guilty of a misdemeanor and shall be punished by a fine of not less than $1,000 nor more than $4,000, and may be further punished by imprisonment in the county jail for not more than 6 months.

(b) For the second offense, is guilty of a gross misdemeanor and shall be punished by a fine of not less than $4,000 nor more than $10,000, and may be further punished by imprisonment in the county jail for not more than 364 days.

(c) For the third or subsequent offense, is guilty of a category E felony and shall be punished by a fine of not less than $10,000 nor more than $20,000, and may be further punished by imprisonment in the state prison for not less than 1 year and not more than 4 years.

If a person is guilty of a violation of subsection 1 of NRS 624.700 , the maximum fines set forth in subsection 2 may be exceeded by adding thereto a fine enhancement of not more than 10 percent of the value of any contract that the person entered into in violation of subsection 1 of NRS 624.700 , if that person commenced any work or received any money relating to the contract.
It is unlawful for a person to receive money for the purpose of obtaining or paying for services, labor, materials or equipment if the person:

(a) Willfully fails to use that money for that purpose by failing to complete the improvements for which the person received the money or by failing to pay for any services, labor, materials or equipment provided for that construction; and

(b) Wrongfully diverts that money to a use other than that for which it was received.

Unless a greater penalty is otherwise provided by a specific statute, any person who violates subsection 4:

(a) If the amount of money wrongfully diverted is $1,000 or less, is guilty of a gross misdemeanor and shall be punished by a fine of not less than $2,000 nor more than $4,000, and may be further punished by imprisonment in the county jail for not more than 364 days.

(b) If the amount of money wrongfully diverted is more than $1,000, is guilty of a category E felony and shall be punished by a fine of not less than $5,000 nor more than $10,000, and may be further punished by imprisonment in the state prison for not less than 1 year and not more than 4 years.

Imposition of a penalty provided for in this section is not precluded by any disciplinary action taken by the Board against a contractor pursuant to the provisions of NRS 624.300 to 624.305 , inclusive.

[2:Art. VII:186:1941; A 1955, 378 ]—(NRS A 1967, 639 ; 1971, 182 ; 1975, 1161 ; 1981, 634 ; 1991, 146 ; 1999, 2966 ; 2001, 2983 ; 2003, 1903 ; 2013, 990 ; 2015, 392 ; 2023, 1050 )

PROSECUTION OF VIOLATIONS

NRS 624.835

NRS

624.835

Contract defined.

Contract means any contract or agreement as described in NRS 598.9801 to 598.9822 , inclusive, in which a contractor agrees to perform work concerning a residential photovoltaic system used to produce electricity.

(Added to NRS by 2021, 1052 )

NRS 624.865

NRS

624.865

Contractor required to obtain permits and meet certain requirements; certain owner-builders required to submit information regarding bonds and insurance; license or other authorization required to perform certain acts for owner-builder.

Any contractor who performs work concerning a residential photovoltaic system used to produce electricity shall, regardless of whether the work is performed under the direction of a builder who is also the owner of the single-family residence on which the work is being performed:

(a) Apply for and obtain all applicable permits for the work;

(b) Meet all applicable requirements imposed pursuant to this chapter and any regulations adopted by the Board with respect to contracts for work concerning a residential photovoltaic system used to produce electricity; and

(c) Meet all applicable requirements imposed by the Public Utilities Commission of Nevada or any system for the distribution of electricity to which the work will interconnect.

If a contractor performs work concerning a residential photovoltaic system used to produce electricity and the work is performed under the direction of a builder who is also the owner of the single-family residence on which the work is being performed, the owner shall comply with all state and local laws and ordinances for the submission of names, licenses and information concerning any required bonds and insurance with respect to the contractors working on the work.
If work concerning a residential photovoltaic system used to produce electricity is performed under the direction of a builder who is exempt from having to obtain a license as a contractor because the builder is also the owner of the single-family residence on which the work is being performed, a person shall not, directly or indirectly, perform or offer to perform any act as a consultant, adviser, assistant or aide to the builder for the purposes of the project, including, without limitation, any act associated with obtaining permits for the project, or otherwise hold himself or herself out as being able to perform such acts, unless the person holds:

(a) A license issued pursuant to this chapter which authorizes the person to perform such acts; or

(b) Any other license, certificate, registration or permit under state law which authorizes the person to perform such acts.

(Added to NRS by 2021, 1053 )

NRS 624.870

NRS

624.870

Duties of contractor regarding commencement, performance and completion of work; contract required to contain written explanation of rights of customer; conditions for final payment.

A contractor who receives an initial down payment or deposit of $1,000 or 10 percent of the aggregate contract price, whichever is less, for work concerning a residential photovoltaic system used to produce electricity shall start the work within 30 days after the date all necessary permits for the work and all necessary approvals from an electric utility into whose system the residential photovoltaic system used to produce electricity will interconnect, if any, are issued, unless the person who made the payment agrees in writing to a longer period.
A contractor who receives money for work concerning a residential photovoltaic system used to produce electricity shall complete the work diligently and shall not refuse to perform any work agreed to in the contract for any 30-day period.
Except as otherwise provided in subsection 4, if satisfactory payment is made for any portion of the work performed, the contractor shall, before any further payment is made, furnish to the owner of the single-family residence on which the work was performed a full and unconditional release of the contractors claim for a mechanics lien for that portion of the work for which payment has been made.
The requirements of subsection 3 do not apply if the contract for the work provides for the contractor to furnish a bond for payment and performance or joint control covering full performance and completion of the contract and the bond or joint control is furnished by the contractor.
A contract for work concerning a residential photovoltaic system used to produce electricity must contain a written statement explaining the rights of the customer under NRS 624.830 to 624.895 , inclusive, and other relevant statutes, including, without limitation, NRS 598.9801 to 598.9822 , inclusive.
A contractor may require final payment for the final stage or phase of the construction of a residential photovoltaic system used to produce electricity after the system is deemed complete and any required inspections are completed.

(Added to NRS by 2021, 1054 )

NRS 624.875

NRS

624.875

Mandatory elements and required information in contracts; contractor required to furnish copy of signed documents and receipt for money paid; certain contracts void; contractor required to apply for and obtain necessary permits and approvals from electric utility; regulations.

The Board may adopt by regulation mandatory elements to be included in all contracts to be used by contractors for work concerning a residential photovoltaic system used to produce electricity. Such mandatory elements must not be waived or limited by contract or in any other manner. On and after October 1, 2021, any contract entered into between a contractor and the owner of a single-family residence for work concerning a residential photovoltaic system used to produce electricity must comply with the provisions of NRS 624.830

to 624.895 , inclusive, and all applicable regulations adopted by the Board. A contract that does not comply with the provisions of NRS 624.830 to 624.895 , inclusive, and all applicable regulations adopted by the Board is voidable by the owner of the single-family residence.

Any contract for work concerning a residential photovoltaic system used to produce electricity must contain in writing at least the following information:

(a) The name of the contractor, his or her address and contractors license number and the monetary limit on that license.

(b) The name and mailing address of the owner of the single-family residence on which the work is being performed and the address or legal description of the property.

(d) The estimated date of completion of all work to be performed under the contract.

(e) A description of the work to be performed under the contract.

(f) The total amount to be paid to the contractor by the owner of the single-family residence for all work to be performed under the contract, including all applicable taxes.

(g) The amount, not to exceed $1,000 or 10 percent of the aggregate contract price, whichever is less, of any initial down payment or deposit paid or promised to be paid to the contractor by the owner before the start of construction.

(h) A statement that the contractor has provided the owner of the single-family residence with the notice and informational form required by NRS 624.600 .

(i) A statement that any change in the scope or price of the work to be performed under the contract must be agreed to in writing by the parties and incorporated into the original contract as a change order. A change order is not enforceable against the owner of the single-family residence who is contracting for work concerning a residential photovoltaic system used to produce electricity unless the change order sets forth all changes in the scope and price of the work and is accepted by the owner of the single-family residence.

(j) For a project of new work concerning a residential photovoltaic system used to produce electricity, a plan and scale drawing showing the shape, size and dimensions of and the specifications for the construction and equipment for the work specified in the contract, and a description of the work to be done, the materials to be used and the equipment to be installed, and the agreed consideration for the work. For projects which consist exclusively of repairs to existing work concerning a residential photovoltaic system used to produce electricity, plans, scale drawings, equipment specifications and lists of materials and equipment are not required to be contained in or included with the contract.

(k) Except as otherwise provided in this subsection and subsection 3, the dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments from the owner of the single-family residence during the course of construction under a contract for the installation of a residential photovoltaic system used to produce electricity. The schedule of payments must show the amount of each payment as a sum in dollars and cents. The schedule of payments must not provide for the contractor to receive, nor may the contractor actually receive, payments in excess of 100 percent of the value of the work performed on the project at any time, excluding finance charges, except for an initial down payment or deposit. With respect to a contract executed before October 1, 2021, if any schedule of payments set forth in the contract does not comply with the provisions of this chapter or any regulations adopted pursuant thereto:

(1) The obligation of the owner of the single-family residence to make payments in accordance with the payment schedule is voidable; and

(2) The lender, if any, may not initiate proceedings to enforce the payment of any applicable loan unless and until the contract is reformed or otherwise amended to comply with those provisions of law.

(l) If a contract with the owner of a single-family residence for the installation of a residential photovoltaic system used to produce electricity provides for payment of a commission to a salesperson out of the contract price, a statement that the payment must be made on a pro rata basis in proportion to the schedule of payments made to the contractor by the disbursing party in accordance with the provisions of paragraph (k).

(m) A disclosure of the retail price of a kilowatt-hour, any offsetting tariff and the identity of the electric utility that furnishes electric service to the single-family residence at the time the contract is executed.

Ê Except as otherwise provided in subsection 6, the contract may contain such other conditions, stipulations or provisions as to which the parties may agree.

The provisions of paragraph (k) of subsection 2 do not apply if:

(a) The contractor has furnished a bond for payment and performance covering full performance and completion of the contract and the cost of the bond is included in the price of the project;

(b) The contractor builds a residential photovoltaic system used to produce electricity as part of the original building plan pursuant to which the contractor builds a single-family residence on the premises; or

(1) Purchased the residential photovoltaic system used to produce electricity pursuant to a power purchase agreement as defined in NRS 598.9807 ; or

(2) Leased the residential photovoltaic system used to produce electricity pursuant to a monthly lease contract.

The contract must contain:

(a) A method whereby the owner of the single-family residence may initial provisions of the contract, thereby indicating that those provisions have been read and are understood.

(b) In close proximity to the signatures of the owner of the single-family residence and the contractor, a notice stating that the owner of the single-family residence:

(1) May contact the Board or the Public Utilities Commission of Nevada if assistance is needed to clarify any of the provisions of the contract that the owner of the single-family residence does not fully understand;

(2) Has the right to request a bond for payment and performance if such a bond is not otherwise required pursuant to NRS 624.270 ;

(3) May contact an attorney for an explanation of the rights of the owner of the single-family residence under the contract; and

(4) May, if the contract was explained in a language other than the language in which the contract is written, ask for a contract that is written in the language in which the contract was explained.

At the time the owner of the single-family residence signs the contract, the contractor shall furnish to the owner of the single-family residence a legible copy of all documents signed and a written and signed receipt for any money paid to the contractor by the owner of the single-family residence. All written information provided in the contract must be printed in at least 10-point type. The contract, receipt and other documents referenced in this subsection may be delivered by electronic means.
A condition, stipulation or provision in a contract that requires a person to waive any right provided by this chapter or any regulations adopted pursuant thereto or relieves a person of an obligation or liability imposed by this chapter or those regulations is void. Failure to comply with the requirements of this section renders a contract voidable by the owner of the single-family residence.
The contractor shall apply for and obtain all necessary permits and approvals from an electric utility into whose system the residential photovoltaic system used to produce electricity will interconnect.

(Added to NRS by 2021, 1054 )

NRS 624.880

NRS

624.880

Advertisements and solicitations for work: Requirements; prohibited practices; standards for advertisements; regulations.

Advertisements and solicitations for work concerning a residential photovoltaic system used to produce electricity must be truthful and not materially misleading.
A person who makes an advertisement or solicitation for work concerning a residential photovoltaic system used to produce electricity shall not expressly or implicitly state that the person will perform the work, enter into a contract, express or implied, to perform the work or act as a contractor to perform the work unless the person holds:

(a) A license issued pursuant to this chapter which authorizes the person to perform the work; or

(b) Any other license, certificate, registration or permit under state law which authorizes the person to perform the work,

Ê as provided pursuant to NRS 624.860 .

A contractor shall not cause to be published or display any advertisement that does not comply with the standards adopted by the Board pursuant to subsection 4.
The Board shall adopt by regulation standards for advertisements used by contractors in connection with the solicitation or sale of contracts for work concerning residential photovoltaic systems used to produce electricity.

(Added to NRS by 2021, 1057 )

NRS 624.885

NRS

624.885

Limitations on certain lending and financial practices.

A contract for work concerning a residential photovoltaic system used to produce electricity is not enforceable against the owner of a single-family residence on which the work is being performed if the obtaining of a loan for all or a portion of the contract price is a condition precedent to the contract unless both of the following requirements are satisfied:

(a) The owner of the single-family residence agrees to accept the loan or financing.

(b) The owner of the single-family residence does not rescind the loan or financing transaction within the period prescribed for rescission pursuant to the Truth in Lending Act, 15 U.S.C. §§ 1601 et seq., or chapter 598 of NRS, if applicable.

Unless and until all applicable requirements of subsection 1 are satisfied, a contractor shall not:

(a) Perform or deliver any work, labor, material or services; or

(b) Represent in any manner that the contract is enforceable or that the owner of the single-family residence has any obligation under the contract.

(Added to NRS by 2021, 1057 )

NRS 624.890

NRS

624.890

Contractor who commits certain violations may be required to obtain services of construction control.

If a contractor who performs work concerning a residential photovoltaic system used to produce electricity is determined by the Board to have violated:

(a) One or more of the provisions of NRS 624.301 to 624.305 , inclusive, 624.860 , 624.870

or 624.875 ; or

(b) Any regulation adopted by the Board with respect to contracts for work concerning a residential photovoltaic system used to produce electricity,

Ê the Board may require that the contractor obtain the services of a construction control for each contract that the contractor enters into for work concerning a residential photovoltaic system used to produce electricity.

The contractor may not:

(a) Be related to the construction control or to an employee or agent of the construction control; or

(b) Hold, directly or indirectly, a financial interest in the business of the construction control.

As used in this section, construction control has the meaning ascribed to it in NRS 627.050 .

(Added to NRS by 2021, 1058 )

NRS 624.895

NRS

624.895

Grounds for disciplinary action; unlawful acts; penalties.

A violation of any provision of NRS 624.830 to 624.895 , inclusive, or any regulation adopted by the Board with respect to contracts for work concerning a residential photovoltaic system used to produce electricity by a contractor:

(a) Constitutes cause for disciplinary action pursuant to NRS 624.300 ; and

(b) May be reported to the Office of the Attorney General as a potential deceptive trade practice pursuant to chapter 598 of NRS.

It is unlawful for a person to violate any provision of NRS 624.830 to 624.895 , inclusive.
Any person who violates any provision of NRS 624.830 to 624.895 , inclusive, shall be penalized pursuant to the applicable provisions of NRS 624.700 and 624.750 .
The imposition of a penalty provided for in this section is not precluded by any disciplinary action taken by the Board against a contractor pursuant to the provisions of NRS 624.300 to 624.305 , inclusive.

(Added to NRS by 2021, 1058 )

RESIDENTIAL SWIMMING POOLS AND SPAS

NRS 624.910

NRS

624.910

Contractor defined.

Contractor means a person licensed pursuant to the provisions of this chapter who performs work concerning a residential pool or spa.

(Added to NRS by 1997, 2698 ; A 2001, 2977 ; 2005, 2377 )—(Substituted in revision for part of NRS 597.713)

NRS 624.915

NRS

624.915

Work concerning a residential pool or spa defined.

Work concerning a residential pool or spa means any of the following acts, if performed for a fee:

(a) The design, construction, repair, maintenance, restoration, alteration or improvement of any residential swimming pool or spa, regardless of use, including the repair or replacement of existing equipment or the installation of new equipment, as necessary; or

(b) Any consultation or supervision concerning such work.

The scope of such work includes layout, excavation, operation of construction pumps for removal of water, steelwork, construction of floors, installation of gunite, fiberglass, tile and coping, installation of all perimeter and filter piping, installation of all filter equipment and chemical feeders of any type, plastering of the interior, construction of decks, installation of housing for pool equipment and installation of packaged pool heaters.
The scope of such work also includes the installation of plumbing, including, without limitation, connections to potable water, and the installation of gas lines if the contractor holds classifications for such work pursuant to NRS 624.925 .

(Added to NRS by 1997, 2698 ; A 2001, 2977 ; 2005, 2377 )—(Substituted in revision for part of NRS 597.713)

NRS 624.920

NRS

624.920

License or other authorization required to perform work concerning residential pool or spa.

A person shall not, directly or indirectly, perform or offer to perform, for a fee, any work concerning a residential pool or spa or any consultation or supervision concerning such work or otherwise hold himself or herself out as being able to perform such acts for a fee, unless the person holds:

A license as a contractor or subcontractor under state law which authorizes the person to perform such acts for a fee; or
Any other license, certificate, registration or permit under state law which authorizes the person to perform such acts for a fee.

(Added to NRS by 2005, 2376 )

NRS 624.925

NRS

624.925

Classifications of licensing.

The Board shall adopt regulations to provide for classifications of licensing that authorize a contractor who performs work concerning a residential pool or spa to perform, in connection with such work, the installation of:

(a) Plumbing, including, without limitation, connections to potable water; and

(b) Gas lines.

The regulations adopted by the Board must include, without limitation, regulations establishing the qualifications, training and examinations that are required for such classifications.

(Added to NRS by 2005, 2376 )

NRS 624.930

NRS

624.930

Contractor and subcontractor required to obtain permits and meet certain requirements; certain owner-builders required to submit information regarding bonds and insurance; supervision and control of work; license or other authorization required to perform certain acts for owner-builder.

Any contractor or subcontractor who performs work concerning a residential pool or spa shall, regardless of whether the work is performed under the direction of a builder who is also the owner of the property being improved:

(a) Apply for and obtain all applicable permits for the project; and

(b) Meet all applicable requirements imposed pursuant to this chapter and any regulations adopted by the Board with respect to contracts for work concerning a residential pool or spa.

If a contractor or subcontractor performs work concerning a residential pool or spa and the work is performed under the direction of a builder who is also the owner of the property being improved, the owner shall comply with all state and local laws and ordinances for the submission of names, licenses and information concerning any required bonds and insurance with respect to the contractors and subcontractors working on the project.
With respect to a contract for work concerning a residential pool or spa, the work performed pursuant to such a contract must be supervised and controlled directly by the qualified employee or qualified officer of the contractor.
If work concerning a residential pool or spa is performed under the direction of a builder who is exempt from having to obtain a license as a contractor because the builder is also the owner of the property being improved, a person shall not, directly or indirectly, perform or offer to perform, for a fee, any act as a consultant, adviser, assistant or aide to the builder for the purposes of the project, including, without limitation, any act associated with obtaining permits for the project, or otherwise hold himself or herself out as being able to perform such acts for a fee, unless the person holds:

(a) A license as a contractor or subcontractor under state law which authorizes the person to perform such acts for a fee; or

(b) Any other license, certificate, registration or permit under state law which authorizes the person to perform such acts for a fee.

(Added to NRS by 2001, 2976 ; A 2003, 1233 ; 2005, 2377 )—(Substituted in revision for NRS 597.715)

NRS 624.935

NRS

624.935

Duties of contractor regarding commencement, performance and completion of work; contract required to contain written explanation of rights of customer; conditions for final payment.

A contractor who receives an initial down payment or deposit of $1,000 or 10 percent of the aggregate contract price, whichever is less, for work concerning a residential pool or spa shall start the work within 30 days after the date all necessary permits for the work, if any, are issued, unless the person who made the payment agrees in writing to a longer period to apply for the necessary permits or start the work or to longer periods for both.
A contractor who receives money for work concerning a residential pool or spa shall complete the work diligently and shall not refuse to perform any work for any 30-day period.
If satisfactory payment is made for any portion of the work performed, the contractor shall, before any further payment is made, furnish the owner a full and unconditional release from any claim of mechanics lien for that portion of the work for which payment has been made.
The requirements of subsection 3 do not apply if the contract provides for the contractor to furnish a bond for payment and performance or joint control covering full performance and completion of the contract and the bond or joint control is furnished by the contractor.
A contract for work concerning a residential pool or spa must contain a written statement explaining the rights of the customer under NRS 624.900 to 624.965 , inclusive, and other relevant statutes.
A contractor may require final payment for the final stage or phase of the construction of a residential pool or spa after the completion of the plastering and the final inspection by the local building department, unless any installation of equipment, decking or fencing that is required in the contract is not completed.

(Added to NRS by 1997, 2698 ; A 2001, 2978 ; 2005, 2378 )—(Substituted in revision for NRS 597.716)

NRS 624.940

NRS

624.940

The Board shall adopt by regulation mandatory elements to be included in all contracts to be used by contractors for work concerning a residential pool or spa. Such mandatory elements must not be waived or limited by contract or in any other manner. On and after October 1, 2001, any contract entered into between a contractor and the owner of a single-family residence for work concerning a residential pool or spa must comply with the standard elements adopted by the Board. A contract that does not comply with the standard elements adopted by the Board is void and unenforceable against the owner.
Any such contract in an amount of more than $1,000 must contain in writing at least the following information:

(a) The name of the contractor and his or her business address and license number.

(b) The name and mailing address of the owner and the address or legal description of the property.

(d) The estimated date of completion of all work to be performed under the contract.

(e) A description of the work to be performed under the contract.

(f) The total amount to be paid to the contractor by the owner for all work to be performed under the contract, including all applicable taxes.

(h) A statement that the contractor has provided the owner with the notice and informational form required by NRS 624.600 .

(i) A statement that any additional work to be performed under the contract, whether or not pursuant to a change order, which will require the owner to pay additional money and any other change in the terms in the original contract must be agreed to in writing by the parties and incorporated into the original contract as a change order. A change order is not enforceable against the owner contracting for work concerning a residential pool or spa unless the change order clearly sets forth the scope of work to be completed and the price to be charged for the changes and is signed by the owner.

(j) A plan and scale drawing showing the shape, size, dimensions and the specifications for the construction and equipment for the residential pool or spa and for other home improvements, and a description of the work to be done, the materials to be used and the equipment to be installed, and the agreed consideration for the work.

(k) Except as otherwise provided in this subsection, the dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract. The schedule of payments must show the amount of each payment as a sum in dollars and cents. The schedule of payments must not provide for the contractor to receive, nor may the contractor actually receive, payments in excess of 100 percent of the value of the work performed on the project at any time, excluding finance charges, except for an initial down payment or deposit as authorized by subsection 1 of NRS 624.935 or the regulations adopted by the Board. With respect to a contract executed before October 1, 2001, if any schedule of payments set forth in the contract does not comply with the provisions of this chapter or any regulations adopted pursuant thereto:

(1) The obligation of the owner to make payments in accordance with the payment schedule shall be deemed void and unenforceable; and

Ê The provisions of this paragraph do not apply if the contractor has furnished a bond for payment and performance covering full performance and completion of the contract and the cost of the bond is included in the price of the project or if the contractor builds a residential pool or spa as part of the original building plan pursuant to which the contractor builds a single-family residence on the premises.

(l) If the contract provides for payment of a commission to a salesperson out of the contract price, a statement that the payment must be made on a pro rata basis in proportion to the schedule of payments made to the contractor by the disbursing party in accordance with the provisions of paragraph (k).

Ê Except as otherwise provided in subsection 5, the contract may contain such other conditions, stipulations or provisions as to which the parties may agree.

The contract must contain:

(a) A method whereby the owner may initial provisions of the contract, thereby indicating that those provisions have been read and are understood.

(b) In close proximity to the signatures of the owner and the contractor, a notice stating that the owner:

(1) May contact the Board if assistance is needed to clarify any of the provisions of the contract that the owner does not fully understand; and

(2) Has the right to request a bond for payment and performance if such a bond is not otherwise required pursuant to NRS 624.270 .

At the time the owner signs the contract, the contractor shall furnish the owner a legible copy of all documents signed and a written and signed receipt for any money paid to the contractor by the owner. All written information provided in the contract must be printed in at least 10-point bold type.
A condition, stipulation or provision in a contract that requires a person to waive any right provided by NRS 624.900 to 624.965 , inclusive, or relieves a person of an obligation or liability imposed by those sections is void. Failure to comply with the requirements of NRS 624.900 to 624.965 , inclusive, renders a contract void and unenforceable against the owner.
The contractor shall apply for and obtain all necessary permits.

(Added to NRS by 1997, 2699 ; A 2001, 2978 ; 2005, 2378 )—(Substituted in revision for NRS 597.719)

NRS 624.945

NRS

624.945

Standards for advertisements; prohibited advertising practices; regulations.

The Board shall adopt by regulation standards for advertisements used by contractors in connection with the solicitation or sale of contracts for work concerning residential pools or spas.
The regulations adopted pursuant to subsection 1 must prohibit a contractor from employing bait and switch advertising or otherwise intentionally publishing, displaying or circulating any advertisement which is misleading or inaccurate in any material particular or which misrepresents any of the goods or services sold or furnished by the contractor to members of the public.
The Board shall, in adopting the standards required by subsection 1, give consideration to the provisions of chapter 598 of NRS relating to advertisements that constitute deceptive trade practices and, to the extent practicable, adopt standards that are at least as stringent as those provisions.
A contractor shall not cause to be published or display or circulate any advertisement that does not comply with the standards adopted by the Board pursuant to subsection 1.
As used in this section, bait and switch advertising has the meaning ascribed to it in NRS 482.351 .

(Added to NRS by 2001, 2975 ; A 2005, 2380 )—(Substituted in revision for NRS 597.7191)

NRS 624.950

NRS

624.950

Limitations on contractors involvement with entities engaged in certain lending and financial services.

Except as otherwise provided in this section and NRS 624.955 , a contractor who performs work concerning a residential pool or spa shall not act as, or carry out the duties of, an officer, director, employee or owner of a bonding company, finance company, or any other corporation or business entity who cosigns, underwrites, obtains a deed of trust for, issues, sells, purchases or acquires a loan to finance work concerning a residential pool or spa.
The provisions of this section do not prohibit a contractor from owning, holding or possessing, either directly or indirectly through a mutual fund or any other financial arrangement or investment plan, any stocks or other securities issued by a company, corporation or business entity described in subsection 1 if:

(a) The stocks or other securities are offered openly to the public through a securities exchange; and

(b) The contractor does not own, hold or possess a controlling interest in the company, corporation or business entity.

(Added to NRS by 2001, 2976 ; A 2003, 1234 ; 2005, 2381 )—(Substituted in revision for NRS 597.7192)

NRS 624.955

NRS

624.955

Limitations on certain lending and financial practices.

A contract for work concerning a residential pool or spa is not enforceable against the owner if the obtaining of a loan for all or a portion of the contract price is a condition precedent to the contract unless all of the following requirements are satisfied:

(a) A third party agrees to make the loan or give the financing.

(b) The owner agrees to accept the loan or financing.

(c) The owner does not rescind the loan or financing transaction within the period prescribed for rescission pursuant to the Truth in Lending Act, 15 U.S.C. §§ 1601 et seq., or chapter 598 of NRS, if applicable.

Unless and until all applicable requirements of subsection 1 are satisfied, a contractor shall not:

(a) Perform or deliver any work, labor, material or services; or

(b) Represent in any manner that the contract is enforceable or that the owner has any obligation under the contract.

A contract for work concerning a residential pool or spa is not enforceable against the owner if the contractor provides a loan or gives financing for all or a portion of the contract price unless all of the following requirements are satisfied:

(a) The owner agrees to accept the loan or financing.

(b) The owner does not rescind the loan or financing transaction within the period prescribed for rescission pursuant to the Truth in Lending Act, 15 U.S.C. §§ 1601 et seq., or chapter 598 of NRS, if applicable.

Unless and until all applicable requirements of subsection 3 are satisfied, a contractor shall not:

(a) Perform or deliver any work, labor, material or services; or

(b) Represent in any manner that the contract is enforceable or that the owner has any obligation under the contract.

A contract for work concerning a residential pool or spa is not enforceable against the owner if the contractor receives from a third party, either directly or indirectly, remuneration or any other thing of value for a loan to finance the work and that fact is not disclosed in writing in the contract.
As used in this section, third party means a bonding company, finance company, or any other corporation or business entity who cosigns, underwrites, obtains a deed of trust for, issues, sells, purchases or acquires a loan to finance work concerning a residential pool or spa.

(Added to NRS by 2001, 2976 ; A 2005, 2381 )—(Substituted in revision for NRS 597.7194)

NRS 624.960

NRS

624.960

Contractor who commits certain violations may be required to obtain services of construction control.

If a contractor who performs work concerning a residential pool or spa is determined by the Board to have violated:

(a) One or more of the provisions of NRS 624.301 to 624.305 , inclusive, or 624.920 , 624.935

or 624.940 ; or

(b) Any regulation adopted by the Board with respect to contracts for work concerning a residential pool or spa,

Ê the Board may require that the contractor obtain the services of a construction control for each contract that the contractor enters into for work concerning a residential pool or spa.

The contractor may not:

(a) Be related to the construction control or to an employee or agent of the construction control; or

(b) Hold, directly or indirectly, a financial interest in the business of the construction control.

As used in this section, construction control has the meaning ascribed to it in NRS 627.050 .

(Added to NRS by 2001, 2975 ; A 2005, 2382 )—(Substituted in revision for NRS 597.7196)

NRS 624.965

NRS

624.965

Grounds for disciplinary action; unlawful acts; penalties.

A violation of any provision of NRS 624.900 to 624.965 , inclusive, or any regulation adopted by the Board with respect to contracts for work concerning a residential pool or spa by a contractor constitutes cause for disciplinary action pursuant to NRS 624.300 .
It is unlawful for a person to violate any provision of NRS 624.900 to 624.965 , inclusive.
Any person who violates any provision of NRS 624.900 to 624.965 , inclusive:

(a) For a first offense, is guilty of a misdemeanor and shall be punished by a fine of not more than $1,000, and may be further punished by imprisonment in the county jail for not more than 6 months.

(b) For the second offense, is guilty of a gross misdemeanor and shall be punished by a fine of not less than $2,000 nor more than $4,000, and may be further punished by imprisonment in the county jail for not more than 364 days.

(c) For the third or subsequent offense, is guilty of a category E felony and shall be punished by a fine of not less than $5,000 nor more than $10,000 and may be further punished by imprisonment in the state prison for not less than 1 year and not more than 4 years.

The imposition of a penalty provided for in this section is not precluded by any disciplinary action taken by the Board against a contractor pursuant to the provisions of NRS 624.300 to 624.305 , inclusive.

(Added to NRS by 2001, 2977 ; A 2005, 2382 ; 2013, 991 )—(Substituted in revision for NRS 597.7198)

CERTAIN RESIDENTIAL IMPROVEMENTS

NRS 624.970

NRS

624.970

The Board may adopt by regulation mandatory elements to be included in all contracts to be used by residential contractors for work concerning a residential improvement. Such mandatory elements must not be waived or limited by contract or in any other manner. On and after October 1, 2023, any contract entered into between a residential contractor and the owner of a single-family residence who occupies the single-family residence for work concerning a residential improvement must comply with the provisions of this section and all applicable regulations adopted by the Board. A contract that does not comply with the provisions of:

(a) Subsection 2, other than the provisions of paragraph (g) of subsection 2, and all applicable regulations adopted by the Board may be modified by the owner of the single-family residence to bring the contract into compliance with those provisions and regulations. Any modification of a contract made pursuant to this paragraph is enforceable against the residential contractor if the modification is reasonable.

(b) Paragraph (g) of subsection 2 is voidable by the owner of the single-family residence.

Any contract for work concerning a residential improvement must contain in writing at least the following information:

(a) The name of the residential contractor, his or her address and contractors license number and the monetary limit on that license.

(b) The name and mailing address of the owner of the single-family residence on which the work is being performed and the address or legal description of the property.

(d) The estimated date of completion of all work to be performed under the contract.

(e) A description of the work to be performed under the contract.

(f) The total amount to be paid to the residential contractor by the owner for all work to be performed under the contract, including all applicable taxes.

(g) The amount, not to exceed $1,000 or 10 percent of the aggregate contract price, whichever is less, of any initial down payment or deposit paid or promised to be paid to the residential contractor by the owner before the start of the work. The provisions of this paragraph do not apply if the residential contractor has filed with the Board a bond solely for the protection of consumers in the amount of $100,000 or has been granted relief by the Board pursuant to subsection 5 of NRS 624.270 .

(h) A statement that the residential contractor has provided the owner with the notice and informational form required by NRS 624.520 and 624.600 .

(i) A statement that any change in the scope or price of the work to be performed under the contract must be agreed to in writing by the parties and incorporated into the original contract as a change order. A change order is not enforceable against the owner who is contracting for work concerning a residential improvement unless the change order sets forth all changes in the scope and price of the work and is accepted by the owner.

(j) For a project of new work concerning a residential improvement, a plan and scale drawing showing the shape, size and dimensions of and the specifications for the construction and equipment for the work specified in the contract, and a description of the work to be done, the materials to be used and the equipment to be installed, and the agreed consideration for the work. For projects which consist exclusively of repairs to existing work concerning a residential improvement, plans, scale drawings, equipment specifications and lists of materials and equipment are not required to be contained in or included with the contract.

(k) Except as otherwise provided in this subsection, the dollar amount of any progress payment and the stage of construction at which the residential contractor will be entitled to collect progress payments from the owner during the course of construction under a contract for work concerning a residential improvement. The schedule of payments must show the amount of each payment as a sum in dollars and cents. The schedule of payments must not provide for the residential contractor to receive, nor may the residential contractor actually receive, payments in excess of 100 percent of the value of the work performed on the project at any time, excluding finance charges, except for an initial down payment or deposit. The provisions of this paragraph do not apply if the residential contractor has furnished a bond for payment and performance covering full performance and completion of the contract and the cost of the bond is included in the price of the project.

(l) If the contract provides for payment of a commission to a salesperson out of the contract price, a statement that the payment must be made on a pro rata basis in proportion to the schedule of payments made to the residential contractor by the disbursing party in accordance with the provisions of paragraph (k).

Ê Except as otherwise provided in subsection 5, the contract may contain such other conditions, stipulations or provisions to which the parties may agree.

The contract must contain:

(a) A method whereby the owner may initial provisions of the contract, thereby indicating that those provisions have been read and are understood.

(b) In close proximity to the signatures of the owner and the residential contractor, a notice stating that the owner:

(1) May contact the Board if assistance is needed to clarify any of the provisions of the contract that the owner does not fully understand;

(2) Has the right to request a bond for payment and performance if such a bond is not otherwise required pursuant to NRS 624.270 ;

(3) May contact an attorney for an explanation of the rights of the owner under the contract; and

(4) May, if the contract was explained in a language other than the language in which the contract is written, ask for a contract that is written in the language in which the contract was explained.

At the time the owner signs the contract, the residential contractor shall furnish to the owner a legible copy of all documents signed and a written and signed receipt for any money paid to the residential contractor by the owner. All written information provided in the contract must be printed in at least 10-point bold type. The contract, receipt and other documents referenced in this subsection may be delivered by electronic means.
A condition, stipulation or provision in a contract that requires a person to waive any right provided by this chapter or any regulations adopted pursuant thereto or that relieves a person of an obligation or liability imposed by this chapter or those regulations is void.
The residential contractor shall apply for and obtain all necessary permits.
As used in this section:

(a) Contract means any contract or agreement in which a residential contractor agrees to perform work concerning a residential improvement.

(b) Residential contractor means a contractor who is licensed pursuant to this chapter and who contracts with the owner of a single-family residence to perform work concerning a residential improvement.

(d) Work concerning a residential improvement or work means any construction, remodeling, repair or improvement performed by a residential contractor to a completed, single-family residence or any activity for the supervision concerning such work. The term does not include work concerning a residential photovoltaic system used to produce electricity, as defined in NRS 624.855 , or work concerning a residential pool or spa, as defined in NRS 624.915 .

(Added to NRS by 2023, 1047 )

NRS 625.183

NRS

625.183

Qualifications of applicant for licensure as professional engineer.

A person who is 21 years of age or older may apply to the Board, in accordance with the provisions of this chapter and any regulations adopted by the Board, for licensure as a professional engineer.
An applicant for licensure as a professional engineer must:

(a) Be of good character and reputation; and

(b) Pass the examination on the:

(1) Fundamentals of engineering or receive a waiver of that requirement; and

(2) Principles and practices of engineering,

Ê pursuant to NRS 625.193 .

An applicant for licensure as a professional engineer is not qualified for licensure unless the applicant is a graduate of an engineering curriculum of 4 years or more that is approved by the Board and has a record of 4 years or more of active experience in engineering which is satisfactory to the Board and which indicates that the applicant is competent to be placed in responsible charge of engineering work. An applicant who is eligible to take the examination on the principles and practices of engineering pursuant to subsection 2 of NRS 625.193 may take the examination on the principles and practices of engineering before the applicant meets the active experience requirements for licensure set forth in this subsection.
To determine whether an applicant for licensure as a professional engineer has an adequate record of active experience pursuant to subsection 3:

(a) Graduation from a college or university in a discipline of engineering with a masters or doctoral degree is equivalent to 2 years of active experience, except that, in the aggregate, not more than 2 years of active experience may be satisfied by graduation from a college or university with such degrees, regardless of the number of degrees earned.

(b) Two of the 4 years of active experience must have been completed by working under the direct supervision of a professional engineer who is licensed in the discipline in which the applicant is applying for licensure, unless that requirement is waived by the Board.

(c) The execution, as a contractor, of work designed by a professional engineer, or the supervision of the construction of that work as a foreman or superintendent, is not equivalent to active experience in engineering.

A person who is not working in the field of engineering when applying for licensure is eligible for licensure as a professional engineer if the person complies with the requirements for licensure prescribed in this chapter.

(Added to NRS by 1997, 1038 ; A 1999, 2434 , 2435 ;

2005, 206 , 208 ;

2011, 227 ; 2019, 1527 , 4259 )

NRS 625.270

NRS

625.270

Qualifications of applicant for licensure as professional land surveyor.

A person who is 21 years of age or older may apply to the Board, in accordance with the provisions of this chapter and any regulations adopted by the Board, for licensure as a professional land surveyor.
An applicant for licensure as a professional land surveyor must:

(a) Be of good character and reputation;

(b) Pass the examination on the fundamentals of land surveying required by paragraph (a) of subsection 1 of NRS 625.280 or receive a waiver of that requirement;

(c) Pass the examination on the principles and practices of land surveying required by paragraph (b) of subsection 1 of NRS 625.280 ; and

(d) Have a record of 4 or more years of active experience in land surveying that is satisfactory to the Board and indicates that the applicant is competent to be placed in responsible charge of land-surveying work.

An applicant for licensure as a professional land surveyor may not take the examination on the principles and practices of land surveying required by paragraph (b) of subsection 1 of NRS 625.280 unless the applicant is a graduate of a land-surveying curriculum of 4 years or more that is approved by the Board.
To determine whether an applicant for licensure as a professional land surveyor has an adequate record of active experience pursuant to subsection 2:

(a) Two of the 4 years of active experience must have been completed by working under the direct supervision of a professional land surveyor, unless that requirement is waived by the Board.

(b) The execution, as a contractor, of work designed by a professional land surveyor, or the supervision of the construction of that work as a foreman or superintendent, is not equivalent to active experience in land surveying.

A person who is not working in the field of land surveying when applying for licensure is eligible for licensure as a professional land surveyor if the person complies with the requirements for licensure prescribed in this chapter.

[Part 14:198:1919; added 1947, 797 ; A 1951, 459 ; 1955, 391 ]—(NRS A 1965, 1326 ; 1975, 1169 ; 1977, 743 ; 1989, 783 ; 1991, 2243 ; 1995, 49 ; 1997, 1043 ; 1999, 2437 ; 2011, 228 ; 2019, 1528 , 4260 ;

2021, 410 )

NRS 625.520

NRS

625.520

Unlawful practice of engineering: Penalty; order to cease and desist; injunctive relief.

Except as otherwise provided in subsection 4, it is unlawful for:

(a) Any person not properly licensed or exempted in accordance with the provisions of this chapter to:

(1) Practice, continue to practice, solicit to practice, offer to practice or attempt to practice engineering or any discipline thereof;

(2) Employ, use or cause to be used the term licensed engineer, professional engineer or registered engineer or any combination, variation or abbreviation thereof as a professional or commercial identification, representation, claim, asset or means of advantage or benefit;

(3) Employ, use or cause to be used the term engineer, engineering or engineered or any combination, variation or abbreviation thereof in connection with a discipline of professional engineering for which licensure is required pursuant to this chapter as a professional or commercial identification, representation, claim, asset or means of advantage or benefit without disclosing that the person is not qualified, registered or licensed to practice that discipline of professional engineering in this state; or

(4) Directly or indirectly employ any means which in any manner tends or is likely to mislead the public or any member thereof that any person is qualified or authorized to practice engineering.

(b) Any professional engineer to practice or offer to practice a discipline of professional engineering in which the Board has not qualified him or her.

(d) Any person to give any false or forged evidence of any kind to the Board or any member thereof in obtaining a license.

(e) Any person to impersonate a licensee of a like or different name.

(f) Any person to attempt to use an expired, suspended or revoked license.

(g) Any person to violate any of the provisions of this chapter.

If any person is engaging or is about to engage in any act or practice that constitutes a violation of this chapter:

(a) The Board may issue an order to cease and desist against the firm, partnership, corporation or other person; or

(b) The district court in any county which would have jurisdiction over the violation, may, upon application of the Board, issue an injunction or restraining order against the act or practice pursuant to Rule 65 of the Nevada Rules of Civil Procedure.

This section does not prevent a contractor licensed in accordance with the provisions of chapter 624 of NRS from using the term engineer or engineering if the term is used by the State Contractors Board in describing a specific classification.
The provisions of subparagraph (3) of paragraph (a) of subsection 1 do not apply to any corporation using such a term in its corporate name, if the corporation:

(a) Files its articles of incorporation with the Secretary of State; and

(b) Files with the Board a written statement signed by a corporate officer under penalty of perjury in which the officer states that the corporation:

(1) Is not practicing or offering to practice engineering in this state; and

(2) Will not do so unless it is licensed or exempted in accordance with the provisions of this chapter.

Any person who violates any of the provisions of subsection 1 is guilty of a gross misdemeanor.

[6:198:1919; A 1937, 491 ; 1947, 797 ; 1955, 391 ]—(NRS A 1961, 315 ; 1967, 639 , 952 ;

1975, 817 ; 1977, 1057 ; 1981, 1344 ; 1985, 1047 ; 1991, 2247 ; 1997, 1054 ; 1999, 2440 ; 2019, 1530 )

NRS 627.040

NRS

627.040

Complete plans and specifications defined.

Complete plans and specifications means all written instruments, diagrams, drawings, notations, provisions, statements and lists of materials used by artisans, workers, contractors or subcontractors in the construction, repair, alteration or improvement of premises and approved by the appropriate city or county board, agency, commission, building department or council and upon which the building permit has been issued.

(Added to NRS by 1965, 1179 )

NRS 627.050

NRS

627.050

Construction control defined.

A construction control is any person that engages in the control or disbursement of any funds payable or paid to laborers, materialmen, material suppliers, contractors, subcontractors, architects, engineers or others, for the purpose of satisfying bills incurred in construction, repair, alteration or improvement of any premises or that engages in the processing or approval of any mechanics lien release, voucher or authorization for payment of a labor bill, or material bill where such bill is incurred in the construction, repair, alteration or improvement of any premises.

(Added to NRS by 1965, 1179 )

NRS 627.080

NRS

627.080

General contract of construction defined.

General contract of construction means a written contract signed by the owner of premises and by a contractor who contracts with other contractors, subcontractors or material suppliers to perform work or labor, or supply materials to such premises.

(Added to NRS by 1965, 1180 )

NRS 627.110

NRS

627.110

Owner-contractor contract defined.

Owner-contractor contract means any written contract entered into between an owner of premises who is a contractor having the work done and another person for the performance of work or labor, or the supplying of materials, or both, to such owner-contractor having the work done.

(Added to NRS by 1965, 1180 )

NRS 627.160

NRS

627.160

Subcontract defined.

A subcontract is a written contract signed by a contractor who is not the owner of premises and another person for the performance of work or labor or the supplying of materials to bring about the construction, repair, alteration or improvement of any premises.

(Added to NRS by 1965, 1180 )

NRS 627.170

NRS

627.170

Total cost of construction defined.

Total cost of construction means the total sum payable to a general contractor to complete the construction, repair, alteration or improvement of the premises, or the aggregate total sum payable to others under owner-contractor contracts to complete construction, repair, alteration or improvement of the premises.

(Added to NRS by 1965, 1180 )

NRS 627.175

NRS

627.175

Applicability of chapter.

Except as otherwise provided in subsection 2, the following shall not be a construction control or subject to the provisions of this chapter:

(a) A contractor licensed under the laws of the State of Nevada, paying a subcontractor, supplier of material, laborer or other person for bills incurred in the construction, repair, alteration or improvement of any premises.

(b) A subcontractor licensed to do business under the laws of the State of Nevada, paying a subcontractor, supplier of material, laborer or other person for bills incurred in the construction, repair, alteration or improvement of any premises.

(c) An owner-contractor paying a contractor, subcontractor, supplier of material, laborer or other person for bills incurred in the construction, repair, alteration or improvement of any premises.

(d) A lender of construction loan money, provided that the lender disburses the money directly to a contractor authorized by the borrower to do the work, or disburses the money directly to the owner of the premises.

(e) A lender of construction loan money, to an owner of a residential property or to an owner of not more than four units if the loan is made to repair or improve such property and the construction costs are $10,000 or less, or 35 percent of the appraised value of the improvements and repairs, whichever is greater.

The provisions of this chapter apply to a contractor who is required to obtain the services of a construction control pursuant to the provisions of NRS 624.264 ,

624.323 , 624.890 or 624.960 .

(Added to NRS by 1965, 1183 ; A 2001, 2983 ; 2003, 1903 ; 2021, 1061 )

SURETY BOND OR OTHER SECURITY

NRS 627.180

NRS

627.180

Duty of construction control to deposit surety bond with State Contractors Board; form and amount of bond; exceptions.

The provisions of this section do not apply to:

(a) Savings and loan associations, savings banks, state banks and national banking associations licensed to do business in the State of Nevada, under the laws of the State of Nevada or under the laws of the United States.

(b) Title insurers or underwritten title insurance companies authorized to do business in the State of Nevada.

(c) Lenders of construction loan money for dwelling units who are approved by the Federal Housing Administration or Department of Veterans Affairs and who have been licensed and authorized to do business in the State of Nevada.

Except as otherwise provided in subsection 1 and NRS 627.183 , as a condition to doing business in this State, each construction control shall deposit with the State Contractors Board and keep in full force and effect a surety bond, in the amount set forth in subsection 4, which is executed by some corporation authorized to issue surety bonds in this State.
The surety bond must be in substantially the following form:

Bond No.

CONSTRUCTION CONTROL BOND

Know All Persons by These Presents:

That I, ................................, having a principal place of business in ...................................................., Nevada, as principal, and ................................, a corporation licensed to execute surety bonds under the provisions of the Nevada Insurance Code, as surety, are held and firmly bound to the State of Nevada, for the use of any person by whom funds are entrusted to the principal or to whom funds are payable by the principal, in the sum of ................ Dollars, lawful money of the United States of America, to be paid to the State of Nevada, for which payment well and truly to be made we bind ourselves, our heirs, executors and successors, jointly and severally, firmly by these presents:

The Condition of the Above Obligation Is Such That:

Whereas , Under the Construction Control Law, certain duties, obligations and requirements are imposed upon all persons, copartnerships, associations or corporations acting as construction controls;

Now, Therefore , If the principal and its agents and employees shall faithfully and in all respects conduct business as a construction control in accordance with the provisions of the Construction Control Law, this obligation shall be void, otherwise to remain in full force and effect;

Provided, However , That the surety or sureties may cancel this bond and be relieved of further liability hereunder by delivering 30 days written notice of cancellation to the principal; however, such cancellation shall not affect any liability incurred or accrued hereunder prior to the termination of such 30-day period;

Provided Further , That the total aggregate liability of the surety or sureties herein for all claims which may arise under this bond shall be limited to the payment of ................ Dollars.

In Witness Whereof , The principal and surety have hereunto set their hands this ..................... day of the month ................ of the year........... .

.......................................................

By.......................................................

Principal

(Surety)

By.......................................................

Attorney

Each construction control shall initially deposit a surety bond that complies with the provisions of this section or a substitute form of security that complies with the provisions of NRS 627.183 in the amount of $20,000. Not later than 3 months after the initial deposit and annually thereafter, the construction control shall:

(a) Submit to the State Contractors Board a signed and notarized affidavit attesting to the average monthly balance in the trust account maintained by the construction control; and

(b) Deposit a surety bond that complies with the provisions of this section or a substitute form of security that complies with the provisions of NRS 627.183 in the following amount based upon the average monthly balance in the trust account maintained by the construction control:

AVERAGE MONTHLY BALANCE AMOUNT OF BOND OR

SECURITY REQUIRED

Less than $2,000,000..................................................................................... $20,000

$2,000,000 or more but less than $4,000,000.............................................. 40,000

$4,000,000 or more but less than $6,000,000.............................................. 60,000

$6,000,000 or more but less than $8,000,000.............................................. 80,000

$8,000,000 or more but less than $12,000,000.......................................... 120,000

$12,000,000 or more but less than $20,000,000....................................... 200,000

$20,000,000 or more...................................................................................... 250,000

(Added to NRS by 1965, 1181 ; A 1971, 842 , 1924 ,

1958 ;

1995, 1096 ; 1999, 3760 ; 2001, 282 )

NRS 627.183

NRS

627.183

Construction control may deposit substitute form of security in lieu of surety bond; amount deposited must equal amount of bond; interest or dividends accrue to depositor.

As a substitute for the surety bond required by NRS 627.180 , a construction control may, in accordance with the provisions of this section, deposit with any bank or trust company authorized to do business in this state, in a form approved by the State Contractors Board:

(a) An obligation of a bank, savings and loan association, savings bank, thrift company or credit union licensed to do business in this state;

(b) Bills, bonds, notes, debentures or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States; or

(c) Any obligation of this state or any city, county, town, township, school district or other instrumentality of this state, or guaranteed by this state.

The obligations of a bank, savings and loan association, savings bank, thrift company or credit union must be held to secure the same obligation as would the surety bond. With the approval of the State Contractors Board, the depositor may substitute other suitable obligations for those deposited which must be assigned to the State of Nevada and are negotiable only upon approval by the State Contractors Board.
Any interest or dividends earned on the deposit accrue to the account of the depositor.
The deposit must be in an amount at least equal to the required surety bond and must state that the amount may not be withdrawn except by direct and sole order of the State Contractors Board. The value of any item deposited pursuant to this section must be based upon principal amount or market value, whichever is lower.

(Added to NRS by 1999, 3760 )

DUTIES AND LIABILITIES

NRS 627.190

NRS

627.190

Duties of construction control.

Every construction control shall:

Obtain a true copy, certified as true by a registered architect or licensed professional engineer and signed by the person or persons who executed the general contract of construction or the owner-contractor contracts, respectively, as owner, of the complete plans and specifications to be used in the construction subject to the construction control.
Obtain from the lender a written statement of the total net amount of money, credits or loan proceeds that will be available for disbursement or, as a lender engaging in construction control functions, review and ascertain its total net amount.
Obtain a true copy, signed by all the parties thereto, of the general contract of construction or all owner-contractor contracts, pursuant to which the construction will be performed.
Obtain a true copy, signed by the parties thereto, of all of the subcontracts entered into with a contractor if the construction is to be performed pursuant to a general contract of construction.
Compare the total amounts to be paid pursuant to all of the subcontracts with the total amount payable to the general contractor, and compare the amount payable with the total net loans proceeds available for disbursement as construction loan funds.
Compare the total amounts to be paid pursuant to all owner-contractor contracts entered into with the total net loan proceeds available for disbursement as construction loan funds.
Establish, in writing, the categories of disbursement and the amounts of money apportioned to each category for disbursement.
Disburse or authorize the disbursement of money from a particular category only for bills incurred within that category.
Disburse or authorize the disbursement of funds if the total net loan proceeds exceeds in amount or equals the total payable by the terms of:

(a) The general contract of construction, or the subcontracts entered into with the general contractor, whichever is greater; or

(b) The total payable by the terms of all owner-contractor contracts.

Receive funds before authorizing disbursement, if other funds are needed to create an excess of funds as required pursuant to subsection 9.
Restore categories of disbursement in the order in which they become exhausted and to the amount exhausted from any available funds in its hands and from other funds supplied by the borrower or borrowers.
Obtain from the obligee a mechanics lien release covering all work, labor and materials performed or supplied to the time specified in the lien release and for the amount payable pursuant to the terms of the release, before the disbursement of any money for payment of such bills.
Upon receipt of written notice of a change order entered into after the beginning of construction which requires expenditure of extra money and the amount thereof, require that any category of disbursement affected thereby be increased and restored to the extent of the amount of such extras from any available funds in its hands and from other funds supplied by the borrower before the disbursement of additional funds from that category.
Before disbursing money to a subcontractor or supplier, obtain from that subcontractor or supplier a true copy of the bill, in those instances in which the category was established based upon a proposal or bid of that subcontractor or supplier and not upon a firm contract.

(Added to NRS by 1965, 1182 ; A 1997, 1057 )

NRS 630.007

NRS

630.007

Administrative physician defined.

Administrative physician means a physician who is licensed only to act in an administrative capacity as an:

Officer or employee of a state agency;
Independent contractor pursuant to a contract with the State; or
Officer, employee or independent contractor of a private insurance company, medical facility or medical care organization, and who does not examine or treat patients in a clinical setting.

(Added to NRS by 2003, 1884 ; A 2005, 2513 )

NRS 631.175

NRS

631.175

Liability of person retained by Board to judge qualifications of applicant for licensure.

The liability of any person retained as an independent contractor by the Board to judge the qualifications of an applicant for licensure by the Board is limited to the same extent as is provided in NRS 41.035 for a member of the Board.

(Added to NRS by 1985, 1892 )

NRS 632.316

NRS

632.316

Exemptions from provisions requiring licensure.

The provisions of NRS 632.315 do not prohibit:

Gratuitous nursing by friends or by members of the family of a patient.
The incidental care of the sick by domestic servants or persons primarily employed as housekeepers as long as they do not practice nursing within the meaning of this chapter.
Nursing assistance in the case of an emergency.
The practice of nursing by students enrolled in accredited schools of nursing or by graduates of those schools or courses pending the results of the first licensing examination scheduled by the Board following graduation. A student or graduate may not work as a nursing assistant unless the student or graduate is certified to practice as a nursing assistant pursuant to the provisions of this chapter.
The practice of nursing in this State by any legally qualified nurse or nursing assistant of another state whose engagement requires the nurse or nursing assistant to accompany and care for a patient temporarily residing in this State during the period of one such engagement, not to exceed 6 months, if the person does not represent or hold himself or herself out as a nurse licensed to practice in this State or as a nursing assistant who holds a certificate to practice in this State.
The practice of nursing by any person who is employed by the United States Government, or any bureau, division or agency thereof, while in the discharge of his or her official duties in this State, including, without limitation, providing medical care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455 .
Nonmedical nursing for the care of the sick, with or without compensation, if done by the adherents of, or in connection with, the practice of the religious tenets of any well-recognized church or religious denomination, if that nursing does not amount to the practice of practical or professional nursing as defined in NRS 632.017 and 632.018 , respectively.
A personal assistant from performing services for a person with a disability pursuant to NRS 629.091 .
A natural person from providing community-based living arrangement services if:

(a) That person has been issued a license pursuant to chapter 449 of NRS and the regulations adopted pursuant thereto; or

(b) That person is employed or retained as an independent contractor by a partnership, firm, corporation or association, state or local government or agency thereof that has been issued a license pursuant to chapter 449 of NRS and the regulations adopted pursuant thereto.

Ê As used in this subsection, community-based living arrangement services has the meaning ascribed to it in NRS 449.0026 .

A natural person from providing supported living arrangement services if:

(a) That person has been issued a certificate pursuant to NRS 435.3305 to 435.339 , inclusive, and the regulations adopted pursuant to NRS 435.3305 to 435.339 , inclusive; or

(b) That person is employed or retained as an independent contractor by a partnership, firm, corporation or association, state or local government or agency thereof that has been issued a certificate pursuant to NRS 435.3305 to 435.339 , inclusive, and the regulations adopted pursuant to NRS 435.3305 to 435.339 , inclusive.

Ê As used in this subsection, supported living arrangement services has the meaning ascribed to it in NRS 435.3315 .

A natural person from providing jobs and day training services if:

(a) That person has been issued a certificate pursuant to NRS 435.130 to 435.310 , inclusive, and the regulations adopted pursuant to NRS 435.130 to 435.310 , inclusive; or

(b) That person is employed or retained as an independent contractor by a partnership, firm, corporation or association, state or local government or agency thereof that has been issued a certificate pursuant to NRS 435.130 to 435.310 , inclusive, and the regulations adopted pursuant to NRS 435.130 to 435.310 , inclusive.

Ê As used in this subsection, jobs and day training services has the meaning ascribed to it in NRS 435.176 .

[8:154:1949; A 1955, 547 ]—(NRS A 1963, 617 ; 1973, 528 ; 1975, 1125 ; 1989, 2053 ; 1991, 320 ; 1995, 751 , 1654 ;

2005, 70 , 1380 ;

2009, 820 ; 2017, 1411 ; 2019, 252 ; 2023, 179 , 422 )

NRS 636.305

NRS

636.305

Complaint against licensee: Persons authorized to make complaint; review; investigation; retention.

A complaint may be made against a licensee by:

(a) An employee or contractor of the Board; or

(b) Any licensee or other person,

Ê alleging one or more grounds for disciplinary action set forth in NRS 636.295 .

As soon as practicable after a complaint is filed with the Board, the Executive Director or his or her designee shall review the complaint. If the Executive Director determines that the complaint is not frivolous and alleges one or more of the grounds for disciplinary action set forth in NRS 636.295 , the Board, through the Executive Director, shall cause the complaint to be investigated.
The Board shall retain each complaint received pursuant to this section for not less than 10 years, including, without limitation, any complaint which is not acted upon.

[69:208:1955]—(NRS A 1985, 156 ; 2019, 3649 )

NRS 636.310

NRS

636.310

Form and filing of complaint; referral of complaint; immunity from civil liability.

A complaint:

(a) Must be made in writing and be signed and sworn to or affirmed by the person making it.

(b) May not be filed anonymously, except that the identity of the complainant must remain confidential upon request by the complainant and until the complainant waives that confidentiality.

If the Executive Director or his or her designee determines that a complaint filed with the Board relates to any matter within the jurisdiction of another regulatory body in this title, the Executive Director shall refer the complaint to that regulatory body.
The provisions of subsection 2 do not prohibit the Executive Director or his or her designee from investigating a complaint which relates to any matter within the jurisdiction of the Board or from notifying the Board of that matter for further consideration by the Board if deemed necessary by the Board after an investigation.
Any member, employee, contractor or officer of the Board is immune from any civil liability for any decision made or action taken in good faith and without malicious intent in carrying out the provisions of this section.

[70:208:1955]—(NRS A 1993, 2873 ; 2013, 2232 ; 2019, 3650 )

NRS 639.28077

NRS

639.28077

Self-administered hormonal contraceptive: Establishment of protocol for dispensing; regulations.

The Board shall adopt regulations establishing a protocol for dispensing a self-administered hormonal contraceptive, as authorized by NRS 639.28078 . Those regulations must include, without limitation:

(a) Requirements governing the information that must be included in a record concerning the dispensing of the self-administered hormonal contraceptive in addition to the information required by NRS 639.28078 ; and

(b) The amount of time that such a record must be maintained by the dispensing pharmacist or his or her employer.

The Board shall adopt regulations that prescribe:

(a) A risk assessment questionnaire that must be provided to a patient who requests a self-administered hormonal contraceptive pursuant to NRS 639.28078 .

(b) The information that must be provided in writing to a patient to whom a self-administered hormonal contraceptive is dispensed pursuant to NRS 639.28078 , which may include, without limitation, information concerning:

(1) The importance of obtaining recommended tests and screening from the patients attending provider or another qualified provider of health care who specializes in womens health;

(2) The effectiveness of long-acting, reversible contraceptives as an alternative to self-administered hormonal contraceptives;

(3) When to seek emergency medical services as a result of administering a self-administered hormonal contraceptive; and

(4) The risk of contracting a sexually transmitted infection and ways to reduce that risk.

As used in this section:

(a) Attending provider means a provider of health care who provides or has provided care to the patient.

(b) Provider of health care has the meaning ascribed to it in NRS 629.031 .

(Added to NRS by 2021, 3268 )

NRS 639.500

NRS

639.500

Submission of fingerprints and information concerning certain persons associated with wholesaler; issuance of provisional license; prohibitions.

In addition to the requirements for an application set forth in NRS 639.100 , each applicant for a license to engage in wholesale distribution shall submit with the application a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. If the applicant is a:

(a) Natural person, that person must submit his or her fingerprints.

(b) Partnership, each partner must submit his or her fingerprints.

(d) Sole proprietorship, that sole proprietor must submit his or her fingerprints.

In addition to the requirements of subsection 1, the applicant shall submit with the application a list containing each employee, agent, independent contractor, consultant, guardian, personal representative, lender or holder of indebtedness of the applicant. The Board may require any person on the applicants list to submit a complete set of fingerprints to the Board if the Board determines that the person has the power to exercise significant influence over the operation of the applicant as a licensed wholesaler. The fingerprints must be submitted with written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The provisions of this subsection do not apply to a:

(a) Lender or holder of indebtedness of an applicant who is a commercial bank, bank holding company, subsidiary or affiliate of a bank holding company, personal property broker, consumer finance lender, commercial finance lender or insurer, or any other person engaged in the business of extending credit, who is regulated by an officer or agency of the State or the Federal Government.

(b) Common motor carrier or other delivery service that delivers a drug at the direction of a manufacturer.

The Board may issue a provisional license to an applicant pending receipt of the reports from the Federal Bureau of Investigation if the Board determines that the applicant is otherwise qualified.
An applicant who is issued a license by the Board shall not allow a person who is required to submit fingerprints pursuant to subsection 2 to act in any capacity in which the person exercises significant influence over the operation of the wholesaler if the:

(a) Person does not submit a complete set of fingerprints in accordance with subsection 2; or

(b) Report of the criminal history of the person indicates that the person has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a felony or offense involving moral turpitude or related to the qualifications, functions or duties of that person in connection with the operation of the wholesaler.

The Board shall not issue a license to an applicant if the requirements of this section are not satisfied.

(Added to NRS by 2005, 1608 ; A 2007, 1472 )

NRS 639.505

NRS

639.505

Submission of updated information concerning certain persons associated with wholesaler; submission of additional fingerprints; prohibitions.

On an annual basis, each licensed wholesaler shall submit to the Board an updated list of each employee, agent, independent contractor, consultant, guardian, personal representative, lender or holder of indebtedness of the wholesaler who is employed by or otherwise contracts with the wholesaler for the provision of services in connection with the operation of the licensee as a wholesaler. Any changes to the list must be submitted to the Board not later than 30 days after the change is made.
If a person identified on an updated list of the wholesaler is employed by or otherwise contracts with the wholesaler after the wholesaler is issued a license and that person did not submit fingerprints pursuant to NRS 639.500 , the Board may require that person to submit a complete set of fingerprints to the Board if the Board determines that the person has the power to exercise significant influence over the operation of the licensee as a wholesaler. The fingerprints must be submitted within 30 days after being requested to do so by the Board and must include written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The provisions of this subsection do not apply to a:

(a) Lender or holder of indebtedness of a wholesaler who is a commercial bank, bank holding company, subsidiary or affiliate of a bank holding company, personal property broker, consumer finance lender, commercial finance lender or insurer, or any other person engaged in the business of extending credit, who is regulated by an officer or agency of the State or the Federal Government.

(b) Common motor carrier or other delivery service that delivers a drug at the direction of a manufacturer.

A wholesaler shall not allow a person who is required to submit fingerprints pursuant to subsection 2 to act in any capacity in which the person exercises significant influence over the operation of the wholesaler if the:

(a) Person does not submit a complete set of fingerprints in accordance with subsection 2; or

(b) Report of the criminal history of the person indicates that the person has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a felony or offense involving moral turpitude or related to qualifications, functions or duties of that person in connection with the operation of the wholesaler.

(Added to NRS by 2005, 1609 ; A 2007, 1473 )

NRS 640.170

NRS

640.170

Penalty for unauthorized use of letters, words or insignia indicating or implying person or entity is licensed physical therapist or provides services of licensed physical therapist.

A person who is licensed under this chapter as a physical therapist shall use the words or letters P.T. or Physical Therapist immediately following his or her name when representing himself or herself as a licensed physical therapist.
A person who is not licensed under this chapter as a physical therapist, or whose license has been suspended, revoked or has expired and who uses in connection with his or her name the words or letters L.P.T., Licensed Physical Therapist, R.P.T., Registered Physical Therapist, P.T., Physical Therapist, or any other letters, words or insignia indicating or implying that the person is a licensed physical therapist, or who in any other way, orally, or in writing, or in print, by sign, directly or by implication, represents himself or herself as a licensed physical therapist, is guilty of a misdemeanor.
A sole proprietorship, corporation, limited-liability company, association, partnership or other form of business organization shall not:

(a) Use in connection with its name or business activities the words or letters L.P.T., Licensed Physical Therapist, R.P.T., Registered Physical Therapist, P.T., Physical Therapist, physical therapy, or any other letters, words or insignia indicating or implying that the sole proprietorship, corporation, limited-liability company, association, partnership or other form of business organization provides, through employees, agents, independent contractors or representatives, services constituting the practice of physical therapy; or

(b) Represent in any other way, orally, or in writing, or in print, by sign, directly or by implication, that the sole proprietorship, corporation, limited-liability company, association or partnership provides services constituting the practice of physical therapy,

Ê unless the services constituting the practice of physical therapy are provided by or under the supervision of a licensed physical therapist. A sole proprietorship, corporation, limited-liability company, association, partnership or other form of business organization that violates this subsection is guilty of a misdemeanor.

In addition to any criminal penalty that may be imposed for a violation of subsection 2 or 3, the Board, after notice and hearing, may:

(a) Issue an order against any person who has violated subsection 2 or 3 imposing an administrative penalty of not more than $5,000 for each violation. Any administrative penalty collected pursuant to this paragraph must be deposited in the State General Fund.

(b) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or otherwise demonstrates that he or she is no longer in violation of subsection 2 or 3. An order to cease and desist must include a telephone number with which the person may contact the Board.

(c) Issue a citation to the person. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.

(d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).

[15:364:1955]—(NRS A 1959, 194 ; 1989, 1579 ; 2017, 1589 )

NRS 642.015

NRS

642.015

Funeral director defined.

Funeral director means a person engaged in, conducting the business of or holding himself or herself out as engaged in:

(a) Preparing or contracting to prepare by embalming or in any other manner dead human bodies for burial, cremation or disposal, or directing and supervising the burial, cremation or disposal of dead human bodies.

(b) Directing, supervising or contracting to direct or supervise funerals.

(c) The business of a funeral director by using the words funeral director, mortician or any other title implying that the person is engaged in the business of funeral directing.

The term does not include:

(a) A licensed embalmer, a funeral arranger or a person whose duties are limited to conducting direct cremations or immediate burials.

(b) An owner of a funeral establishment or direct cremation facility, unless the owner engages in any activity described in subsection 1.

(Added to NRS by 1993, 2609 ; A 1995, 267 ; 2015, 1951 )

NRS 645.030

NRS

645.030

Real estate broker defined.

Real estate broker means a person who, for another and for compensation or with the intention or expectation of receiving compensation:

(a) Sells, exchanges, options, purchases, rents or leases, or negotiates or offers, attempts or agrees to negotiate the sale, exchange, option, purchase, rental or lease of, or lists or solicits prospective purchasers, lessees or renters of, any real estate or the improvements thereon or any modular homes, used manufactured homes, used mobile homes or other housing offered or conveyed with any interest in real estate;

(b) Engages in or offers to engage in the business of claiming, demanding, charging, receiving, collecting or contracting for the collection of an advance fee in connection with any employment undertaken to promote the sale or lease of business opportunities or real estate by advance fee listing advertising or other offerings to sell, lease, exchange or rent property;

(d) Engages in or offers to engage in the business of business brokerage.

Any person who, for another and for compensation, aids, assists, solicits or negotiates the procurement, sale, purchase, rental or lease of public lands is a real estate broker within the meaning of this chapter.
The term does not include a person who is employed by a licensed real estate broker to accept reservations on behalf of a person engaged in the business of the rental of lodging for 31 days or less, if the employee does not perform any tasks related to the sale or other transfer of an interest in real estate.

[Part 2:150:1947; 1943 NCL § 6396.02] + [2.5:150:1947; added 1955, 615 ]—(NRS A 1957, 337 ; 1959, 393 ; 1963, 330 ; 1973, 1097 ; 1975, 1383 ; 1977, 928 ; 1979, 1535 ; 1981, 1327 ; 1985, 312 , 1261 ;

1997, 505 , 956 ;

2005, 648 , 665 )

NRS 645.035

NRS

645.035

Real estate broker-salesperson defined.

Within the meaning of this chapter, a real estate broker-salesperson is any person who holds a real estate brokers license, or who has passed the real estate brokers examination, but who, as an employee or as an independent contractor, for compensation or otherwise, is associated with:

(a) A licensed real estate broker in the capacity of a salesperson, to do or to deal in any act, acts or transactions included within the definition of a real estate broker in NRS 645.030 ; or

(b) A registered owner-developer in the capacity of a sales manager in accordance with NRS 645.283 and 645.289 .

In this chapter, the term real estate salesperson includes real estate broker-salesperson when applicable.

(Added to NRS by 1957, 337 ; A 1975, 793 , 1541 ;

1977, 928 ; 1981, 1605 ; 1985, 312 ; 2005, 1286 )

NRS 645.040

NRS

645.040

Real estate salesperson defined.

Within the meaning of this chapter, a real estate salesperson is any person who, as an employee or as an independent contractor, is associated with a licensed real estate broker or registered owner-developer to do or to deal in any act, acts or transactions set out or comprehended by the definition of a real estate broker in NRS 645.030 , for a compensation or otherwise.

[3:150:1947; 1943 NCL § 6396.03]—(NRS A 1971, 1410 ; 1973, 1763 ; 1975, 1541 , 1639 ;

1977, 929 ; 1985, 313 )

NRS 645.142

NRS

645.142

Technology Account for

Chapter 645

of NRS.

The Technology Account for Chapter 645 of NRS is hereby created in the State General Fund. The Administrator shall administer the Account.
The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Any money remaining in the Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
All money collected from the technology fee imposed pursuant to NRS 645.830 must be deposited in the Account and used only to acquire technology for or improve the technology used by the Division to administer the provisions of this chapter, including, without limitation, costs related to acquiring or improving technology, purchasing hardware and software, maintaining the technology and contracting for professional services related to the technology.
All claims against the Account must be paid as other claims against the State are paid.

(Added to NRS by 2021, 3532 )

NRS 645.8761

NRS

645.8761

Broker has claim upon owners net proceeds for earned commissions; conditions and limitations on enforcement of claim; waiver; inapplicability to third-party claims; obligation to close escrow unaffected by claim.

A real estate broker has a claim upon the owners net proceeds from the disposition of commercial real estate for any commission earned by the real estate broker pursuant to a brokerage agreement. For the purposes of this subsection, a commission shall be deemed to be earned when the real estate broker has performed his or her duties pursuant to the brokerage agreement.
The claim belongs to the real estate broker named in the brokerage agreement and not to an employee or independent contractor of the real estate broker.
A claim that is recorded pursuant to the provisions of NRS 645.8775 :

(a) Is a claim upon personal property and does not attach to the title of any real property.

(b) May be waived if, on or before the date the brokerage agreement is executed, the real estate broker signs a written waiver of the real estate brokers right to enforce the claim. The waiver must be printed in uppercase letters and must be limited to one transaction. A person other than the real estate broker may not waive the rights of the real estate broker pursuant to this section, regardless of whether that person may execute and bind the real estate broker to a brokerage agreement.

A claim of a third party may not be brought or otherwise adjudicated pursuant to the provisions of NRS 645.8701 to 645.8811 , inclusive.
The recording or enforcement of a claim by a real estate broker pursuant to the provisions of NRS 645.8701 to 645.8811 , inclusive, does not relieve the owner of his or her obligation to close escrow for any commercial real estate.

(Added to NRS by 1999, 1175 )

NRS 653.620

NRS

653.620

Taking X-ray photographs: Requirements; registration.

A person who does not hold a license or limited license may take X-ray photographs under the supervision of a physician or physician assistant as part of his or her employment or service as an independent contractor in a rural health clinic or federally-qualified health center described in subsection 2 if the person:

(a) Registers with the Division in the form prescribed by the Division;

(b) Submits to the Division proof that he or she has completed training in radiation safety and proper positioning for X-ray photographs provided by the holder of a license; and

A person described in subsection 1 may take X-ray photographs as part of his or her employment or service as an independent contractor in a rural health clinic or federally-qualified health center that:

(a) Is located in a county whose population is less than 55,000; and

(b) Has established a quality assurance program for X-ray photographs that meets the requirements prescribed by regulation of the Division.

A person who performs computed tomography or fluoroscopy as part of his or her employment on January 1, 2020, may continue to perform any such activity on and after that date without complying with the requirements of NRS 653.630 or 653.640 , as applicable, if he or she:

(a) Registers with the Division in the form prescribed by the Division;

(b) Provides any information requested by the Division; and

As used in this section:

(a) Federally-qualified health center has the meaning ascribed to it in 42 U.S.C. § 1396d(l)(2)(B).

(b) Rural health clinic has the meaning ascribed to it in 42 U.S.C. § 1395x(aa)(2).

(Added to NRS by 2019, 2729 )

NRS 666.325

NRS

666.325

Examination, supervision and regulation of interstate operations.

The Commissioner may examine and supervise any out-of-state depository institution or holding company which has been authorized to do business in this state. Such institutions and holding companies are subject to regulation in the same manner as institutions and holding companies organized under the laws of this state and must pay the same fees for supervision and examination, except that the Commissioner may coordinate these activities with any state or federal agency that shares jurisdiction over the institution.
The Commissioner may coordinate the examination, supervision and regulation of any depository institution chartered by this state with the examination, supervision and regulation of an affiliated depository institution or branch operating in another state.
The Commissioner may take any reasonable and lawful action in furtherance of coordinating the regulation of interstate operations pursuant to this section, including:

(a) Negotiating and entering into cooperative agreements with an agency of another state or of the Federal Government;

(b) Sharing information and reports with an agency that shares jurisdiction over the institution;

(c) Accepting as sufficient examination reports and other information compiled or generated by or for an agency that shares jurisdiction over the institution;

(d) Contracting with an agency that shares jurisdiction over the institution to engage the services of its examiners at a reasonable rate of compensation;

(e) Offering the services of the Divisions examiners at a reasonable rate of compensation to an agency that shares jurisdiction over the institution;

(f) Collecting fees on behalf of, or receiving payment of fees through, an agency that shares jurisdiction over the institution;

(g) Cooperating in any other way with other supervisory agencies and professional associations to promote the efficient, safe and sound operation and regulation of interstate activities of depository institutions, including the formulation of interstate policies and procedures for examination and the drafting of model laws, rules and agreements; and

(h) Adopting regulations to carry out the provisions of this section.

(Added to NRS by 1985, 2152 ; A 1985, 2160 ; 1987, 1936 , 2023 ;

1995, 1559 )

NRS 671.020

NRS

671.020

Applicability of chapter: Generally. [Effective through December 31, 2029.]

Except as otherwise provided in NRS 671.155 , this chapter does not apply to any:

Federally insured depository financial institution, privately insured depository financial institution, bank holding company or any subsidiary thereof, office of an international banking corporation, foreign bank that establishes a federal branch pursuant to 12 U.S.C. § 3102, as amended, corporation organization pursuant to 12 U.S.C. §§ 1861 to 1867, inclusive, as amended, or corporation organized pursuant to 12 U.S.C. §§ 611 to 633, inclusive, as amended, under the laws of a state or of the United States.
Operator of a payment system to the extent that it provides processing, clearing or settlement services between or among persons exempted pursuant to this section or licensees in connection with wire transfers, credit card transactions, debit card transactions, stored value transactions, automated clearinghouse transfers or similar transfers of money.
Person appointed as an agent of a payee to collect and process a payment from a payor to the payee for goods or services, other than money transmission, provided to the payor by the payee, so long as:

(a) A written agreement exists between the payee and the agent directing the agent to collect and process payments from payors on behalf of the payee;

(b) The payee holds the agent out to the public as accepting payments for goods or services on behalf of the payee; and

(c) Payment for the goods and services is treated as received by the payee upon receipt by the agent so that the obligation of the payor is extinguished and there is no risk of loss to the payor if the agent fails to remit the money to the payee.

Person that acts as an intermediary by processing payments between an entity that has directly incurred an outstanding money transmission obligation to a sender and the designated recipient of the sender, so long as the entity:

(a) Is a licensee or exempt from licensure pursuant to this chapter;

(b) Provides a receipt, electronic record or other written confirmation to the sender identifying the entity as the provider of money transmission in the transaction; and

(c) Bears sole responsibility to satisfy the outstanding money transmission obligation to the sender, including, without limitation, the obligation to make the sender whole in connection with any failure to transmit the money to the designated recipient of the sender.

Department, agency, instrumentality or agent of the United States.
State, county, city or any other governmental agency, subdivision, instrumentality or agent of a state.
Money transmission by the United States Postal Service or by an agent of the United States Postal Service.
Trust company that is licensed or otherwise authorized to engage in the business of a trust company in this State pursuant to chapter 669 of NRS.
Electronic money transfer of governmental benefits for a federal, state, county or governmental agency by a contractor on behalf of the United States or a department, agency or instrumentality thereof or on behalf of a state or governmental subdivision, agency or instrumentality thereof.
Board of trade designated as a contract market under the Commodity Exchange Act, 7 U.S.C. §§ 1 et seq., as amended, or a person that, in the ordinary course of business, provides clearance and settlement services for a board of trade to the extent of its operation as or for the board of trade.
Registered futures commission merchant under the federal commodities laws to the extent of its operation as such a merchant.
Person registered as a securities broker-dealer under federal or state securities laws to the extent of the operations of the person as such a securities broker-dealer.
Natural person employed by a licensee, authorized delegate or any person exempt from licensure pursuant to this section when acting within the scope of employment and under the supervision of the licensee, authorized delegate or exempt person as an employee and not as an independent contractor.
Person expressly appointed as a third-party service provider to or agent of an entity exempt pursuant to subsection 1 to the extent that:

(a) The third-party service provider or agent is engaging in money transmission on behalf of and pursuant to a written agreement with the exempt entity that sets forth the specific functions that the third-party service provider or agent is to perform; and

(b) The exempt entity assumes all risk of loss and legal responsibility for satisfying the outstanding money transmission obligations owed to purchasers and holders of the outstanding money transmission obligations upon receipt by the third-party service provider of the money or monetary value of the purchaser or holder.

Employer who performs payroll services on his or her own behalf or on behalf of an affiliate of an employer.
Professional employer organization, as defined in NRS 611.400 , who performs payroll services.
Provider who is licensed pursuant to chapter 604D of NRS.
Person exempt by regulation or order of the Commissioner pursuant to NRS 671.0205 .

(Added to NRS by 1977, 1083 ; A 1983, 153 ; 2023, 117 , 2411 )

NRS

671.020

Applicability of chapter: Generally. [Effective January 1, 2030.]

Except as otherwise provided in NRS 671.155 , this chapter does not apply to any:

Federally insured depository financial institution, privately insured depository financial institution, bank holding company or any subsidiary thereof, office of an international banking corporation, foreign bank that establishes a federal branch pursuant to 12 U.S.C. § 3102, as amended, corporation organization pursuant to 12 U.S.C. §§ 1861 to 1867, inclusive, as amended, or corporation organized pursuant to 12 U.S.C. §§ 611 to 633, inclusive, as amended, under the laws of a state or of the United States.
Operator of a payment system to the extent that it provides processing, clearing or settlement services between or among persons exempted pursuant to this section or licensees in connection with wire transfers, credit card transactions, debit card transactions, stored value transactions, automated clearinghouse transfers or similar transfers of money.
Person appointed as an agent of a payee to collect and process a payment from a payor to the payee for goods or services, other than money transmission, provided to the payor by the payee, so long as:

(a) A written agreement exists between the payee and the agent directing the agent to collect and process payments from payors on behalf of the payee;

(b) The payee holds the agent out to the public as accepting payments for goods or services on behalf of the payee; and

Person that acts as an intermediary by processing payments between an entity that has directly incurred an outstanding money transmission obligation to a sender and the designated recipient of the sender, so long as the entity:

(a) Is a licensee or exempt from licensure pursuant to this chapter;

(b) Provides a receipt, electronic record or other written confirmation to the sender identifying the entity as the provider of money transmission in the transaction; and

Department, agency, instrumentality or agent of the United States.
State, county, city or any other governmental agency, subdivision, instrumentality or agent of a state.
Money transmission by the United States Postal Service or by an agent of the United States Postal Service.
Trust company that is licensed or otherwise authorized to engage in the business of a trust company in this State pursuant to chapter 669 of NRS.
Electronic money transfer of governmental benefits for a federal, state, county or governmental agency by a contractor on behalf of the United States or a department, agency or instrumentality thereof or on behalf of a state or governmental subdivision, agency or instrumentality thereof.
Board of trade designated as a contract market under the Commodity Exchange Act, 7 U.S.C. §§ 1 et seq., as amended, or a person that, in the ordinary course of business, provides clearance and settlement services for a board of trade to the extent of its operation as or for the board of trade.
Registered futures commission merchant under the federal commodities laws to the extent of its operation as such a merchant.
Person registered as a securities broker-dealer under federal or state securities laws to the extent of the operations of the person as such a securities broker-dealer.
Natural person employed by a licensee, authorized delegate or any person exempt from licensure pursuant to this section when acting within the scope of employment and under the supervision of the licensee, authorized delegate or exempt person as an employee and not as an independent contractor.
Person expressly appointed as a third-party service provider to or agent of an entity exempt pursuant to subsection 1 to the extent that:

Employer who performs payroll services on his or her own behalf or on behalf of an affiliate of an employer.
Professional employer organization, as defined in NRS 611.400 , who performs payroll services.
Person exempt by regulation or order of the Commissioner pursuant to NRS 671.0205 .

(Added to NRS by 1977, 1083 ; A 1983, 153 ; 2023, 117 , 2411 ,

2413 , effective January 1, 2030)

NRS 689.375

NRS

689.375

Records of seller; examination by Commissioner.

Every seller shall keep:

(a) Accurate accounts, books and records of all transactions;

(b) Copies of all agreements and dates and amounts of payments made and accepted;

(d) The persons for whose benefit the payments are accepted and the names of the depositories in which the payments are deposited.

The seller shall keep within this State, at the address shown upon the certificate of authority, complete records of all transactions made under the certificate of authority of the seller. Those records and the affairs of the seller are subject to audit and examination by the Commissioner at any reasonable time. The seller shall keep such records for not less than 5 years after the completion of all transactions to which they relate.

(Added to NRS by 1971, 1401 ; A 1987, 1269 )

BURIAL AND CEMETERY SERVICES

NRS 689.585

NRS

689.585

Records of seller; examination by Commissioner.

Every seller shall keep:

(a) Accurate accounts, books and records of all transactions;

(b) Copies of all agreements and dates and amounts of payments made and accepted;

(d) The persons for whose benefit the payments are accepted and the names of the depositories in which the payments are deposited.

The seller shall keep within this State, at the address shown upon the permit of the seller, complete records of all transactions under the permit. Those records and the affairs of the seller are subject to audit and examination by the Commissioner at any reasonable time. Any costs incurred by the Commissioner to conduct an audit or examination must be paid by the seller.
The seller shall keep such records for not less than 5 years after the completion of all transactions to which they relate.

(Added to NRS by 1987, 1259 ; A 1993, 2621 )

NRS 7.125

NRS

7.125

Fees of attorney other than public defender.

An attorney, other than a public defender, who is selected pursuant to NRS 7.115 to represent or defend a defendant at any stage of the criminal proceedings from the defendants initial appearance before the magistrate or the district court through the appeal, if any, is entitled to receive a fee for court appearances and other time reasonably spent on the matter to which the appointment is made of:

(a) If the compensation of the attorney is subject to the provisions of subsection 3 of NRS 180.320 , the amount set forth in the regulations adopted by the Board on Indigent Defense Services within the Department of Indigent Defense Services pursuant to subsection 3 of NRS 180.320 ; or

(b) If the compensation of the attorney is not subject to the provisions of subsection 3 of NRS 180.320 , $125 per hour in cases in which the death penalty is sought and $100 per hour in all other cases.

Except for cases in which the most serious crime is a felony punishable by death or by imprisonment for life with or without possibility of parole, this section does not preclude a governmental entity from contracting with a private attorney who agrees to provide such services for a lesser rate of compensation.

[1:86:1875; A 1911, 318 ; 1945, 103 ; 1943 NCL § 11357] + [2:86:1875; BH § 2421; C § 2456; RL § 7541; NCL § 11358]—(NRS A 1963, 510 ; 1964, 8 ; 1965, 598 ; 1967, 1468 ; 1969, 478 ; 1973, 168 ; 1975, 1153 ; 1977, 419 , 875 ;

1981, 874 ; 1983, 109 , 1095 ;

1985, 1023 , 1024 ;

1987, 1295 ; 1991, 2077 ; 1993, 2465 ; 2003, 442 ; 2013, 1731 ; 2021, 2263 ; 2023, 1890 )

NRS 701.220

NRS

701.220

Adoption of regulations for energy conservation in buildings; exemptions; applicability and enforcement; certain design professionals not subject to disciplinary action under certain circumstances; procedures for adoption.

The Director shall adopt regulations for the conservation of energy in buildings, including manufactured homes. Except as otherwise provided in subsection 5, such regulations must include the adoption of the most recent version of the International Energy Conservation Code , issued by the International Code Council, and any amendments to the Code

that will not materially lessen the effective energy savings requirements of the Code and are deemed necessary to support effective compliance and enforcement of the Code , and must establish the minimum standards for:

(a) The construction of floors, walls, ceilings and roofs;

(b) The equipment and systems for heating, ventilation and air-conditioning;

(d) Insulation; and

(e) Other factors which affect the use of energy in a building.

Ê The regulations must provide for the adoption of the most recent version of the International Energy Conservation Code , and any amendments thereto, every third year.

The Director may exempt a building from a standard if the Director determines that application of the standard to the building would not accomplish the purpose of the regulations.
The regulations must authorize allowances in design and construction for sources of renewable energy used to supply all or a part of the energy required in a building.
The standards adopted by the Director are the minimum standards for the conservation of energy and energy efficiency in buildings in this State. The governing body of a local government that is authorized by law to adopt and enforce a building code:

(a) Except as otherwise provided in paragraph (b), shall incorporate the standards adopted by the Director in its building code;

(b) Except as otherwise provided in subsection 5, may adopt higher or more stringent standards and must report any such higher or more stringent standards, along with supporting documents, to the Director; and

The Director or the governing body of a local government shall not adopt a standard which mandates a requirement for air changes per hour that is outside the following ranges:

(a) Less than 4 1/2 or more than 7 air changes per hour for an attached residence or any residence for which fire sprinklers are installed; or

(b) Less than 4 or more than 7 air changes per hour for any residence other than a residence described in paragraph (a).

A design professional who complies with the standards adopted by the Director or the governing body of a local government pursuant to this section is not subject to disciplinary action by the State Board of Architecture, Interior Design and Residential Design pursuant to paragraph (f) of subsection 1 of NRS 623.270 or the State Board of Professional Engineers and Land Surveyors pursuant to NRS 625.410 .
Nothing in this section shall be deemed to prohibit the Director or the governing body of a local government from approving and implementing a program for the purpose of increasing energy efficiency in new residential construction through the use of sample inspections.
The Director shall solicit comments regarding the adoption of regulations pursuant to this section from:

(a) Persons in the business of constructing and selling homes;

(b) Contractors;

(d) Local building officials; and

(e) The general public,

Ê before adopting any regulations. The Director must conduct at least three hearings in different locations in the State, after giving 30 days notice of each hearing, before the Director may adopt any regulations pursuant to this section.

As used in this section, design professional means a person who holds a professional license or certificate issued pursuant to chapter 623 or 625 of NRS.

(Added to NRS by 1985, 1794 ; A 2001, 1251 , 3266 ;

2003, 32 ; 2005, 22nd Special Session, 76 ; 2009, 986 , 1375 ;

2011, 2059 ; 2015, 2147 )

NRS 701.380

NRS

701.380

Coordination of activities and programs; expenditure of money from Trust Account for Renewable Energy and Energy Conservation; other duties.

The Director shall:

(a) Coordinate the activities and programs of the Office of Energy with the activities and programs of the Consumers Advocate and the Public Utilities Commission of Nevada, and with other federal, state and local officers and agencies that promote, fund, administer or operate activities and programs related to the use of renewable energy and the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

(b) Spend the money in the Trust Account for Renewable Energy and Energy Conservation to:

(1) Educate persons and entities concerning renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

(2) Create incentives for investment in and the use of renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

(3) Distribute grants and other money to establish programs and projects which incorporate the use of renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

(4) Conduct feasibility studies, including, without limitation, any feasibility studies concerning the establishment or expansion of any grants, incentives, rebates or other programs to enable or assist persons to reduce the cost of purchasing distributed generation systems and on-site generation systems and net metering systems that use renewable energy.

(c) Take any other actions that the Director deems necessary to carry out the duties of the Office of Energy, including, without limitation, contracting with consultants, if necessary, for the purposes of program design or to assist the Director in carrying out the duties of the Office.

As used in this section:

(a) Distributed generation system means a facility or system for the generation of electricity that is in close proximity to the place where the electricity is consumed:

(1) That uses renewable energy as defined in NRS 704.7715 to generate electricity;

(2) That is located on the property of a customer of an electric utility;

(3) That is connected on the customers side of the electricity meter;

(4) That provides electricity primarily to offset customer load on that property; and

(5) The excess generation from which is periodically exported to the grid in accordance with the provisions governing net metering systems used by customer-generators pursuant to NRS 704.766 to 704.776 , inclusive.

(b) Electric utility has the meaning ascribed to it in NRS 704.7571 .

(Added to NRS by 2001, 3261 ; A 2003, 1873 ; 2009, 1378 ; 2011, 2062 ; 2019, 8 , 1014 ,

1185 )

NRS 703.148

NRS

703.148

Expenditure of money from reserve account to provide education and informational services to public; use of independent contractor to provide such services.

The Commission may expend money from its reserve account to provide education and informational services necessary to educate and inform the residents in this state on issues related to the provision of utility services in this state. The Commission may contract with an independent person to provide such educational and informational services.

(Added to NRS by 1997, 1902 ; A 2001, 352 )

POWERS AND DUTIES

NRS 703.175

NRS

703.175

Request from certain regulatory agencies to disconnect telephone number: Commission to issue order to appropriate provider of service; good faith compliance with order constitutes complete defense to action arising from termination of service.

Upon receiving a request to disconnect a telephone number from the State Contractors Board pursuant to NRS 624.720 , the Board of Massage Therapy pursuant to NRS 640C.930 or the Nevada Transportation Authority pursuant to NRS 706.758 , the Commission shall issue an order to the appropriate provider of telephone service to disconnect the telephone number.
Compliance in good faith by a provider of telephone service with an order of the Commission to terminate service issued pursuant to this section shall constitute a complete defense to any civil or criminal action brought against the provider of telephone service arising from the termination of service.
As used in this section, provider of telephone service has the meaning ascribed to it in NRS 707.355 .

(Added to NRS by 1999, 2858 ; A 2009, 2585 ; 2017, 1476 )

REPORTS, RECORDS AND PUBLICATIONS

NRS 704.040

NRS

704.040

Public utilities required to provide reasonably adequate service and facilities; charges for services required to be just and reasonable; unjust and unreasonable charges unlawful; applicability; fair and impartial regulation of telecommunication providers; levy and collection of assessment for deposit in fund to maintain availability of telephone service; regulations concerning independent administrator to certify or recertify eligibility of customers for lifeline service; termination of service to certify or recertify eligibility for lifeline service under certain circumstances.

Every public utility shall furnish reasonably adequate service and facilities. Subject to the provisions of subsection 3, the charges made for any service rendered or to be rendered, or for any service in connection therewith or incidental thereto, must be just and reasonable.
Every unjust and unreasonable charge for service of a public utility is unlawful.
Except as otherwise provided in NRS 704.68861 to 704.68887 , inclusive:

(a) A competitive supplier is exempt from any provision of this chapter governing the rates, prices, terms and conditions of any telecommunication service.

(b) A small-scale provider of last resort is subject to the provisions of this chapter, NRS 427A.797 and chapter 707 of NRS.

All telecommunication providers which offer the same or similar service must be subject to fair and impartial regulation, to promote adequate, economical and efficient service.
To maintain the availability of telephone service in accordance with the regulations adopted pursuant to NRS 704.6873 , the Commission shall provide for the levy and collection of a uniform and equitable assessment, in an amount determined by the Commission, from all persons furnishing intrastate telecommunication service or the functional equivalent of such

service through any

form of telephony technology

, unless the levy and collection of the assessment with regard to a particular form of technology is prohibited by federal law. Assessments levied and collected pursuant to this subsection must be maintained in a separate fund established by the Commission. The Commission shall contract with an independent administrator to administer the fund pursuant to open competitive bidding procedures established by the Commission. The independent administrator shall collect the assessments levied and distribute them from the fund pursuant to a plan which has been approved by the Commission.

The Commission shall by regulation establish:

(a) The procedure for contracting with an independent administrator who will certify or recertify the eligibility of customers for lifeline service as defined in NRS 707.450 , including:

(1) The selection of the independent administrator pursuant to open competitive bidding procedures established by the Commission; and

(2) The duties of the independent administrator which must be promulgated in advance of conducting the initial request for proposal for the independent administrator.

(b) The duties of the independent administrator which must:

(1) Be determined by criteria adopted by the Commission or the Federal Communications Commission;

(2) Provide for the independent

administrator to be able to accomplish all functions necessary for interfacing with the National Lifeline Accountability Database when it is established and operational pursuant to 47 C.F.R. § 54.404 and any other national eligibility database for eligible telecommunication providers; and

(3) Require the independent administrator to be responsible for informing eligible telecommunication providers of the status of their customers eligibility to receive lifeline service as defined in NRS 707.450 .

To implement the requirements of subsections 5 and 6, the Commission:

(a) May select a single entity to perform the duties of subsections 5 and 6;

(b) Is authorized to use the fund set forth in subsection 5 for the sole purpose of maintaining the availability of telephone service as set forth in subsections 5 and 6; and

(c) May, in accordance with the terms of a contract entered into with an independent administrator pursuant to subsection 6, terminate the service to certify or recertify the eligibility of customers for lifeline service, as defined in NRS 707.450 , if the National Lifeline Eligibility Verifier, as defined in 47 C.F.R. § 54.400, is able to certify and recertify the eligibility of customers in this State for lifeline service.

[9:109:1919; 1919 RL p. 3157; NCL § 6108]—(NRS A 1985, 1018 ; 1989, 579 ; 1993, 2017 ; 1995, 402 ; 2003, 2638 , 3037 ;

2007, 694 ; 2009, 2406 ; 2013, 1808 ; 2017, 512 )

NRS 704.140

NRS

704.140

Free or reduced rates for transportation unlawful; exceptions; penalty.

It is unlawful for any person engaged in business as a public utility to give or furnish to any state, district, county or municipal officer of this State, or to any person other than those named herein, any pass, frank, free or reduced transportation, or for any state, district, county or municipal officer to accept any pass, frank, free or reduced transportation.
This section does not prevent the carriage, storage or hauling of property free or at reduced rates for the United States, the State of Nevada or any political subdivision thereof for charitable purposes.
This chapter does not prohibit a public utility from giving free or reduced rates for transportation of:

(a) Its own officers, commission agents, employees, attorneys, physicians and surgeons and members of their families, and pensioned ex-employees and ex-employees with disabilities, their minor children or dependents, or witnesses attending any legal investigation in which such carrier is interested.

(b) Inmates of hospitals or charitable institutions and persons over 65 years of age.

(c) Persons with physical or mental disabilities who present a written statement from a physician or an advanced practice registered nurse to that effect.

(d) Persons injured in accidents or motor vehicle crashes and physicians and nurses attending such persons.

(e) Persons providing relief in cases of common disaster, or for contractors and their employees, in carrying out their contract with such carrier.

(f) Peace officers when on official duty.

(g) Attendants of livestock or other property requiring the care of an attendant, including return passage to the place of shipment, if there is no discrimination among such shippers of a similar class.

(h) Employees of other carriers subject to regulation in any respect by the Commission, or for the officers, agents, employees, attorneys, physicians and surgeons of such other carriers, and the members of their families.

This chapter does not prohibit public utilities from giving reduced rates for transportation to:

(a) Indigent, destitute or homeless persons, when under the care or responsibility of charitable societies, institutions or hospitals, and the necessary agents employed in such transportation.

(b) Students of institutions of learning.

Employees, as used in this section, includes furloughed, pensioned and superannuated employees, and persons who have become disabled or infirm in the service of any such carrier, and persons traveling for the purpose of entering the service of any such carrier.
Any person violating the provisions of this section shall be punished by a fine of not more than $500.

[21:109:1919; A 1928, 21 ; 1931, 18 ; 1947, 74 ; 1943 NCL § 6121]—(NRS A 1967, 655 ; 1969, 1157 ; 1971, 726 ; 1979, 203 ; 2015, 1698 ; 2019, 530 )

GENERAL STANDARDS AND PRACTICES

NRS 704.7316

NRS

704.7316

Comprehensive plan for reduction of emissions from coal-fired electric generating plants and increased capacity from renewable energy facilities and other electric generating plants; contents and requirements.

An electric utility shall file with the Commission, as part of the plan required to be submitted pursuant to NRS 704.741 , a comprehensive plan for the reduction of emissions from coal-fired electric generating plants and the replacement of the capacity of such plants with increased capacity from renewable energy facilities and other electric generating plants.
The emissions reduction and capacity replacement plan must provide:

(a) For the retirement or elimination of:

(1) Not less than 300 megawatts of coal-fired electric generating capacity on or before December 31, 2014;

(2) In addition to the generating capacity retired or eliminated pursuant to subparagraph (1), not less than 250 megawatts of coal-fired electric generating capacity on or before December 31, 2017; and

(3) In addition to the generating capacity retired or eliminated pursuant to subparagraphs (1) and (2), not less than 250 megawatts of coal-fired electric generating capacity on or before December 31, 2019.

Ê For the purposes of this paragraph, the generating capacity of a coal-fired electric generating plant must be determined by reference to the most recent resource plan filed by the electric utility pursuant to NRS 704.741 and accepted by the Commission pursuant to NRS 704.751 .

(b) Except as otherwise provided in subparagraphs (3) and (7), for the construction or acquisition of, or contracting for, 350 megawatts of electric generating capacity from renewable energy facilities. The electric utility shall:

(1) Issue a request for proposals for 100 megawatts of electric generating capacity from new renewable energy facilities on or before December 31, 2014;

(2) In addition to the request for proposals issued pursuant to subparagraph (1), issue a request for proposals for 100 megawatts of electric generating capacity from new renewable energy facilities on or before December 31, 2015;

(3) In addition to the requests for proposals issued pursuant to subparagraphs (1) and (2), and upon a determination by the Commission that the electric utility has satisfactorily demonstrated a need for such electric generating capacity, issue a request for proposals for not more than 100 megawatts of electric generating capacity from new renewable energy facilities;

(4) Review each proposal received pursuant to subparagraphs (1), (2) and (3) and identify those renewable energy facilities that will provide:

(I) The greatest economic benefit to this State;

(II) The greatest opportunity for the creation of new jobs in this State; and

(III) The best value to customers of the electric utility;

(5) Negotiate, in good faith, to construct, acquire or contract with the renewable energy facilities identified pursuant to subparagraph (4), and file with the Commission an amendment to the plan each time the utility wishes to construct, acquire or contract with such facilities;

(6) Begin, on or before December 31, 2017, the construction or acquisition of a portion of new renewable energy facilities with a generating capacity of approximately 15 megawatts to be owned and operated by the electric utility, and complete construction of such facilities on or before December 31, 2021; and

(7) After June 10, 2015, upon a determination by the Commission that the electric utility has satisfactorily demonstrated a need for such electric generating capacity, begin the construction or acquisition of new renewable energy facilities with a generating capacity of not more than 35 megawatts to be owned and operated by the electric utility.

Ê For the purposes of this paragraph, the generating capacity of a renewable energy facility must be determined by the nameplate capacity of the facility.

(c) For the electric utility to construct or acquire and own electric generating plants with an electric generating capacity of 496 megawatts, which must be constructed or acquired to replace, in an orderly and structured manner, the coal-fired electric generating capacity retired or eliminated pursuant to paragraph (a).

(d) After June 10, 2015, upon a determination by the Commission that the electric utility has satisfactorily demonstrated a need for such electric generating capacity, for the electric utility to construct or acquire and own electric generating plants with an electric generating capacity of not more than 54 megawatts, which must be constructed or acquired to replace, in an orderly and structured manner, the coal-fired electric generating capacity retired or eliminated pursuant to paragraph (a).

(e) If the plan includes the construction or acquisition of one or more natural gas-fired electric generating plants, a strategy for the commercially reasonable physical procurement of fixed-price natural gas by the electric utility.

(f) A plan for tracking and specifying the accounting treatment for all costs associated with the decommissioning of the coal-fired electric generating plants identified for retirement or elimination.

Ê For the purposes of this subsection, an electric utility shall be deemed to own, acquire, retire or eliminate only its pro rata portion of any electric generating facility that is not wholly owned by the electric utility and, except as otherwise provided in paragraph (b), capacity means an amount of firm electric generating capacity used by the electric utility for the purpose of preparing a plan filed with the Commission pursuant to NRS 704.736 to 704.754 , inclusive.

In addition to the requirements for an emissions reduction and capacity replacement plan set forth in subsection 2, the plan may include additional utility facilities, electric generating plants, elements or programs necessary to carry out the plan, including, without limitation:

(a) The construction of natural gas pipelines necessary for the operation of any new natural gas-fired electric generating plants included in the plan;

(b) Entering into contracts for the transportation of natural gas necessary for the operation of any natural gas-fired electric generating plants included in the plan; and

(c) The construction of transmission lines and related infrastructure necessary for the operation or interconnection of any electric generating plants included in the plan.

(Added to NRS by 2013, 3074 ; A 2015, 3654 )

NRS 704.9997

NRS

704.9997

Regulations authorizing renewable natural gas activities; approval of activities; recovery of costs; activities authorized to be approved; incorporation of renewable natural gas into gas supply portfolio.

The Commission shall adopt regulations authorizing a public utility which purchases natural gas for resale to engage in renewable natural gas activities, including, without limitation:

(a) Procedures for a public utility which purchases natural gas for resale to apply to the Commission for approval of a reasonable and prudent renewable natural gas activity that will be used and useful and will provide environmental benefits to this State as provided in subsection 2; and

(b) Procedures for a public utility which purchases natural gas for resale to apply to the Commission for the recovery of all reasonable and prudent costs associated with a renewable natural gas activity approved by the Commission pursuant to the regulations adopted pursuant to this subsection.

The Commission may approve a renewable natural gas activity pursuant to subsection 1 if the renewable natural gas activity is demonstrated to provide one or more of the following environmental benefits to this State:

(a) The reduction or avoidance of emissions of any air pollutant or greenhouse gas in this State;

(b) The reduction or avoidance of any pollutant that could have an adverse impact on the waters of this State; or

The renewable natural gas activities which may be approved by the Commission pursuant to the regulations adopted in accordance with subsection 1 are:

(a) Making a financial investment in a renewable natural gas facility;

(b) Contracting with a producer of renewable natural gas to build and operate a renewable natural gas facility;

(c) Extending the transmission or distribution system of the public utility which purchases natural gas for resale to interconnect with a renewable natural gas facility;

(d) Purchasing gas produced from a renewable natural gas facility, whether or not the gas has environmental attributes:

(1) To incorporate the gas produced from a renewable natural gas facility into the supply portfolio of the public utility which purchases natural gas for resale; or

(2) To sell the gas produced from a renewable natural gas facility directly to the customers of the public utility;

(e) Participating in a state or federal renewable energy program or project if participation in the program or project by the public utility which purchases natural gas for resale:

(1) Consists of the purchase or sale of gas produced by a renewable natural gas facility or environmental attributes by the public utility; and

(2) Results in a reduction of the cost of gas produced from a renewable natural gas facility to the customers of the public utility;

(f) Providing customers of the public utility which purchases natural gas for resale with the option to purchase gas produced from a renewable natural gas facility, with or without environmental attributes, directly from the public utility; or

(g) Any other activity which develops sources of renewable natural gas in this State for the purpose of reducing emissions of greenhouse gases, creating jobs through the construction and operation of renewable natural gas facilities in this State and diversifying the supply of energy in this State.

A public utility which purchases natural gas for resale shall attempt to incorporate renewable natural gas into its gas supply portfolio in the following amounts:

(a) By January 1, 2025, not less than 1 percent of the total amount of gas sold to by public utility to its retail customers;

(b) By January 1, 2030, not less than 2 percent of the total amount of gas sold to the public utilitys retail customers; and

(Added to NRS by 2019, 229 )

NRS 706.298

NRS

706.298

Certain indemnification clauses void and unenforceable.

Except as otherwise provided in this section and notwithstanding any other provision of law, a provision, clause, covenant or other agreement contained in, collateral to or affecting a contract concerning motor carrier transportation that purports to indemnify, defend or hold harmless, or has the effect of indemnifying, defending or holding harmless, a promisee from or against any liability for loss or damage resulting from the negligent or intentional acts or omissions of the promisee is against the public policy of this State and is void and unenforceable.
This section does not apply to agreements, including, without limitation, the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America, providing for the interchange, use or possession of intermodal chassis or other intermodal equipment.
As used in this section:

(a) Contract concerning motor carrier transportation means a contract, agreement or understanding covering:

(1) The transportation of property for compensation or hire by a motor carrier;

(2) The entrance onto property by a motor carrier for the purpose of loading, unloading or transporting property for compensation or hire; or

(3) A service incidental to the activity described in subparagraph (1) or (2), including, without limitation, storage of property.

(b) Promisee means a party to a contract concerning motor carrier transportation with a promisor and any agent, employee or independent contractor of the promisee, or of any other person, who is directly responsible to the promisee. The term does not include a motor carrier that is a party to a contract concerning motor carrier transportation with a promisee and any agent, employee or independent contractor of the motor carrier who is directly responsible to the motor carrier.

(Added to NRS by 2013, 283 )

NRS 706.462

NRS

706.462

Issuance and renewal; application requirements; fees.

A person shall not drive a charter bus for the purposes of charter bus transportation, a motor vehicle for a fully regulated carrier of passengers or a taxicab motor carrier as an employee, independent contractor or lessee unless the person has been issued a drivers permit by the Authority pursuant to this section.
The Authority shall issue a drivers permit to each applicant who satisfies the requirements of this section. Before issuing a drivers permit, the Authority shall:

(a) Require the applicant to submit a complete set of his or her fingerprints, which the Authority shall forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to ascertain whether the applicant has a criminal record and the nature of any such record, and may further investigate the applicants background; and

(b) Require proof that the applicant is employed or under a contract or lease agreement or has an offer of employment, a contract or a lease agreement that is contingent on the applicant obtaining a drivers permit pursuant to this section and:

(1) Has a valid license issued pursuant to

NRS 483.340 which authorizes the applicant to drive in this State any motor vehicle that is within the scope of the employment, contract or lease; or

(2) If the driver is a resident of a state other than Nevada, has a valid license issued by the state in which he or she resides which authorizes the applicant to drive any motor vehicle that is within the scope of the employment, contract or lease.

The Authority may refuse to issue a drivers permit if:

(a) The applicant has been convicted of:

(1) A felony, other than a sexual offense, in this State or any other jurisdiction within the 5 years immediately preceding the date of the application;

(2) A felony involving any sexual offense in this State or any other jurisdiction at any time before the date of the application; or

(3) A violation of NRS 484C.110 or 484C.430 or a law of any other jurisdiction that prohibits the same or similar conduct within the 3 years immediately preceding the date of the application.

(b) After further investigation into the applicants background, if any, the Authority determines that the issuance of the drivers permit would be detrimental to public health, welfare or safety.

A drivers permit issued pursuant to this section is valid for not longer than 3 years, but lapses if the driver ceases to be employed by the carrier identified in the application for the original or renewal permit or if the contract or lease expires and the driver enters into a contract or lease with a different carrier. A driver must notify the Authority within 10 days after the lapse of a permit and obtain a new permit pursuant to this section before driving for a different carrier.
An applicant shall pay to the Authority:

(a) A fee for the processing of fingerprints which is to be established by the Authority and which may not exceed the fee charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

(b) For an original drivers permit, a fee not to exceed $50.

As used in this section, charter bus transportation means transportation by bus of a group of persons who, pursuant to a common purpose and under a single contract, at a fixed charge for the motor vehicle, have acquired the exclusive use of the motor vehicle to travel together under an itinerary either specified in advance or modified after having left the place of origin. The term does not include:

(a) The transportation of passengers and their baggage in the same vehicle for a per capita charge between airports or between an airport and points and places in this State;

(b) The transportation at a per capita or an hourly rate of passengers to various points of interest for the purpose of sightseeing or visiting those points of interest where a narrated tour is presented to the passengers;

(c) The transportation of persons who have acquired the use of a vehicle for a special event between definite points of origin and destination, at a per capita rate; or

(d) In a county whose population is less than 100,000, the transportation of a group of persons to and from a single job site or work site, including, without limitation, a construction site, mine or facility or project for the production of renewable energy. As used in this paragraph:

(1) Construction site means any location at which construction work is being commenced or in progress.

(2) Mine means an excavation in the earth from which ores, coal or other mineral substances are extracted, or a subterranean natural deposit of minerals located and identified as such by the staking of a claim or other method recognized by law. The term includes, without limitation, a well drilled to extract minerals.

(3) Renewable energy means a source of energy that occurs naturally or is regenerated naturally, including, without limitation:

(I) Biomass;

(II) Fuel cells;

(III) Geothermal energy;

(IV) Solar energy;

(V) Waterpower; and

(VI) Wind.

Ê The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

(Added to NRS by 2013, 2177 ; A 2015, 781 )

NRS 706.473

NRS

706.473

Leasing of taxicab to independent contractor: Authorization in certain counties; limitations; approval of agreement; liability for violations; intervention in civil action by Authority.

In a county whose population is less than 700,000, a person who holds a certificate of public convenience and necessity which was issued for the operation of a taxicab business may, upon approval from the Authority, lease a taxicab to an independent contractor who does not hold a certificate of public convenience and necessity. A person may lease only one taxicab to each independent contractor with whom the person enters into a lease agreement. The taxicab may be used only in a manner authorized by the lessors certificate of public convenience and necessity.
A person who enters into a lease agreement with an independent contractor pursuant to this section shall submit a copy of the agreement to the Authority for its approval. The agreement is not effective until approved by the Authority.
A person who leases a taxicab to an independent contractor is jointly and severally liable with the independent contractor for any violation of the provisions of this chapter or the regulations adopted pursuant thereto, and shall ensure that the independent contractor complies with such provisions and regulations.
The Authority or any of its employees may intervene in a civil action involving a lease agreement entered into pursuant to this section.

(Added to NRS by 1993, 2649 ; A 1997, 1948 ; 2011, 1312 )

NRS 706.475

NRS

706.475

Leasing of taxicab to independent contractor: Regulations of Authority.

The Authority shall adopt such regulations as are necessary to:

(a) Carry out the provisions of NRS 706.473 ; and

(b) Ensure that the taxicab business remains safe, adequate and reliable.

Such regulations must include, without limitation:

(a) The minimum qualifications for an independent contractor;

(b) Requirements related to liability insurance;

(d) The procedure for approving a lease agreement and the provisions that must be included in a lease agreement concerning the grounds for the revocation of such approval.

(Added to NRS by 1993, 2649 ; A 1997, 1949 )

NRS 706.736

NRS

706.736

Exemption of certain vehicles and transportation from certain provisions regulating certain motor carriers.

Except as otherwise provided in subsection 2, the provisions of NRS 706.011

to 706.791 , inclusive, do not apply to:

(a) The transportation by a contractor licensed by the State Contractors Board of the contractors own equipment in the contractors own vehicles from job to job.

(b) Any person engaged in transporting the persons own personal effects in the persons own vehicle, but the provisions of this subsection do not apply to any person engaged in transportation by vehicle of property sold or to be sold, or used by the person in the furtherance of any commercial enterprise other than as provided in paragraph (d), or to the carriage of any property for compensation.

(d) The vehicle of any person, when that vehicle is being used in the production of motion pictures, including films to be shown in theaters and on television, industrial training and educational films, commercials for television and video discs and tapes.

(e) A private motor carrier of property which is used for any convention, show, exhibition, sporting event, carnival, circus or organized recreational activity.

(f) A private motor carrier of property which is used to attend livestock shows and sales.

(g) The transportation by a private school of persons or property in connection with the operation of the school or related school activities, so long as the vehicle that is used to transport the persons or property does not have a gross vehicle weight rating of 26,001 pounds or more and is not registered pursuant to NRS 706.801 to 706.861 , inclusive.

Unless exempted by a specific state statute or a specific federal statute, regulation or rule, any person referred to in subsection 1 is subject to:

(a) The provisions of paragraph (d) of subsection 1 of NRS 706.171 and NRS 706.235 to 706.256 , inclusive, 706.281 , 706.457

and 706.458 .

(b) All rules and regulations adopted by reference pursuant to paragraph (b) of subsection 1 of NRS 706.171 concerning the safety of drivers and vehicles.

The provisions of NRS 706.311 to 706.453 , inclusive, 706.471 , 706.473 ,

706.475 and 706.6411 which authorize the Authority to issue:

(a) Except as otherwise provided in paragraph (b), certificates of public convenience and necessity and contract carriers permits and to regulate rates, routes and services apply only to fully regulated carriers.

(b) Certificates of public convenience and necessity to operators of tow cars and to regulate rates for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle apply to operators of tow cars.

Any person who operates pursuant to a claim of an exemption provided by this section but who is found to be operating in a manner not covered by any of those exemptions immediately becomes liable, in addition to any other penalties provided in this chapter, for the fee appropriate to the persons actual operation as prescribed in this chapter, computed from the date when that operation began.
As used in this section, private school means a nonprofit private elementary or secondary educational institution that is licensed in this State.

(Added to NRS by 1971, 715 ; A 1979, 816 , 1079 ;

1981, 1053 ; 1983, 1630 ; 1985, 2130 ; 1987, 1356 , 1865 ;

1995, 2617 ; 1997, 1950 , 2680 ;

1999, 492 ; 2007, 377 ; 2011, 2655 ; 2013, 284 , 658 ,

2005 ,

2160 ,

2180 ;

2015, 1471 ; 2019, 2962 )

NRS 706.759

NRS

706.759

Taxicab driver prohibited from acting as driver for transportation network company under certain circumstances; termination of employment; exception.

Except as otherwise provided in subsection 3, a person who drives a taxicab as an employee of a person who holds a certificate of public convenience and necessity which was issued for the operation of a taxicab business shall not act as a driver as defined in NRS 706A.040 :

(a) Using the taxicab provided by his or her employer; or

(b) During any time for which the person receives wages from his or her employer for duties which include driving a taxicab.

A person who holds a certificate of public convenience and necessity which was issued for the operation of a taxicab business may terminate the employment of a person who violates the provisions of subsection 1.
The provisions of subsection 1 do not apply to an independent contractor who leases a taxicab pursuant to NRS 706.88396 .

(Added to NRS by 2015, 2595 ; A 2017, 3830 )

NRS 706.826

NRS

706.826

Agreements by Department with departments of other states and countries.

In carrying out NRS 706.801 to 706.861 , inclusive, each department of this State may enter into agreements with the departments or appropriate agencies of this or any other state or country to provide for any or all of the following:

For the exemption from the plan of certain classes of vehicles either on the basis of type, extent or frequency of operations and, when also deemed advisable, for their total or partial exemption from the fees for registration or taxes or both upon the conditions set forth in the agreement, all as found to be in the interest of this State, the facilitating of this plan, or of the facilitating of the operation of vehicles between this and the other contracting state or country.
For the reports and records required pursuant to NRS 706.801 to 706.861 , inclusive, or any regulations made pursuant thereto to be uniform with the reports and records required by the other contracting state or country, but this does not prevent any department from requiring additional information from any operator subject to NRS 706.801 to 706.861 , inclusive.
For the joint audit of the reports and records of any operator subject to NRS 706.801 to 706.861 , inclusive, the reports and records of any such operator and the department may be disclosed to the extent necessary for this purpose.
For the use of a plate, license, emblem, certificate or other device of this or any other state or country, for the identification of vehicles subject to the plan.
For putting the plan into effect between this and any other state or country.
As used in this section, plan means the International Registration Plan.

(Added to NRS by 1971, 720 ; A 1985, 1451 ; 2019, 1575 )

NRS 706.88181

NRS

706.88181

Adoption of regulations for lease of taxicabs by certificate holder.

The Taxicab Authority shall adopt such regulations as are necessary to:

(a) Carry out the provisions of NRS 706.88396 ; and

(b) Ensure that the taxicab business remains safe, adequate and reliable.

Such regulations must include, without limitation:

(a) The minimum qualifications for an independent contractor;

(b) Requirements related to liability insurance;

(d) The procedure for approving a lease agreement and the provisions that must be included in a lease agreement concerning the grounds for the revocation of such approval.

(Added to NRS by 2015, 2596 )

NRS 706.88396

NRS

706.88396

Leasing of taxicab to independent contractor: Authorization; limitations; approval of agreement; inspections; liability for violations; intervention in civil action by Taxicab Authority.

Except as otherwise provided in subsection 8, a certificate holder may, upon approval from the Taxicab Authority, lease a taxicab to an independent contractor who is not a certificate holder. A certificate holder may lease only one taxicab to each independent contractor with whom the person enters into a lease agreement. The taxicab may be used, without limitation:

(a) In a manner authorized by the certificate holders certificate of public convenience and necessity; or

(b) By the independent contractor to provide transportation services in accordance with an agreement with a transportation network company entered into pursuant to chapter 706A of NRS.

A certificate holder who enters into a lease agreement with an independent contractor pursuant to this section shall submit a copy of the agreement to the Taxicab Authority for its approval. The agreement is not effective until approved by the Taxicab Authority.
Except as otherwise provided in subsection 8, the Taxicab Authority may not limit the number of:

(a) Lease agreements entered into by a certificate holder; or

(b) Days for which a lease agreement remains in effect.

A certificate holder who leases a taxicab to an independent contractor shall inspect the taxicab not less than once each month.
An independent contractor may not operate more than one taxicab pursuant to a lease agreement with a certificate holder during any one 24-hour period.
A certificate holder who leases a taxicab to an independent contractor is jointly and severally liable with the independent contractor for any violation of the provisions of this chapter or the regulations adopted pursuant thereto or, if applicable, chapter 706A of NRS or the regulations adopted pursuant thereto, and shall ensure that the independent contractor complies with such provisions and regulations.
The Taxicab Authority or any of its employees may intervene in a civil action involving a lease agreement entered into pursuant to this section.
A certificate holder may not have a number of unexpired leases that exceeds the number of taxicabs allocated to the certificate holder pursuant to NRS 706.8824

and 706.88245 .

(Added to NRS by 2015, 2595 ; A 2017, 3835 )

Fully Autonomous Vehicles

NRS 707.355

NRS

707.355

Public utility furnishing telephone service and other providers required to disconnect telephone number pursuant to court order or order of Public Utilities Commission of Nevada; such providers prohibited from forwarding calls or providing recorded message with new number for disconnected telephone number.

Each provider of telephone service in this State shall, when notified that:

(a) A court has ordered the disconnection of a telephone number pursuant to NRS 706.2855 ; or

(b) The Public Utilities Commission of Nevada has ordered the disconnection of a telephone number pursuant to NRS 703.175 , after receiving a request to disconnect the telephone number from the State Contractors Board pursuant to NRS 624.720 , the Board of Massage Therapy pursuant to NRS 640C.930 or the Nevada Transportation Authority pursuant to NRS 706.758 ,

Ê take such action as is necessary to carry out the order of the court or the Public Utilities Commission of Nevada.

A provider of telephone service shall not:

(a) Forward or offer to forward the telephone calls of a telephone number disconnected from service pursuant to the provisions of this section; or

(b) Provide or offer to provide a recorded message that includes the new telephone number for a business whose telephone number was disconnected from service pursuant to the provisions of this section.

As used in this section, provider of telephone service includes, but is not limited to:

(a) A public utility furnishing telephone service.

(b) A provider of cellular or other service to a telephone that is installed in a vehicle or is otherwise portable.

(Added to NRS by 1997, 1544 ; A 1999, 2858 ; 2009, 2585 ; 2017, 1476 )

NRS 71.010

NRS

71.010

Order of arrest and arrest of defendant.

An order to arrest the defendant may be endorsed on a summons issued by the justice, and the defendant may be arrested thereon by the sheriff or constable, at the time of serving the summons, and brought before the justice, and there detained until duly discharged, in the following cases:

In an action for the recovery of money or damages on a cause of action arising upon contract, express or implied, when the defendant is about to depart from the State with intent to defraud his or her creditors.
In an action for a fine or penalty, or for money or property embezzled or fraudulently misapplied or converted to his or her own use by one who received it in a fiduciary capacity.
When the defendant has been guilty of a fraud in contracting the debts or incurring the obligation for which the action is brought.
When the defendant has removed, concealed or disposed of his or her property, or is about to do so, with intent to defraud his or her creditors.

[1911 CPA § 802; A 1913, 364 ; NCL § 9291]

NRS 80.015

NRS

80.015

Activities not constituting doing business.

For the purposes of this chapter, the following activities do not constitute doing business in this State:

(a) Maintaining, defending or settling any proceeding;

(b) Holding meetings of the board of directors or stockholders or carrying on other activities concerning internal corporate affairs;

(d) Maintaining offices or agencies for the transfer, exchange and registration of the corporations own securities or maintaining trustees or depositaries with respect to those securities;

(e) Making sales through independent contractors;

(f) Soliciting or receiving orders outside of this State through or in response to letters, circulars, catalogs or other forms of advertising, accepting those orders outside of this State and filling them by shipping goods into this State;

(g) Creating or acquiring indebtedness, mortgages and security interests in real or personal property;

(h) Securing or collecting debts or enforcing mortgages and security interests in property securing the debts;

(i) Owning, without more, real or personal property;

(j) Isolated transactions completed within 30 days and not a part of a series of similar transactions;

(k) The production of motion pictures as defined in NRS 231.020 ;

(l) Transacting business as an out-of-state depository institution pursuant to the provisions of chapters 657 to 671 , inclusive, of NRS; and

(m) Transacting business in interstate commerce.

The list of activities in subsection 1 is not exhaustive.
A person who is not doing business in this State within the meaning of this section need not qualify or comply with any provision of this chapter, chapter 645A

or 645B of NRS or title 55 of NRS unless the person:

(a) Maintains an office in this State for the transaction of business;

(b) Solicits or accepts deposits in the State, except pursuant to the provisions of chapter 666

or 666A of NRS;

(d) Arranges a mortgage loan secured by real property which is not commercial property as defined in NRS 645B.01047 .

The fact that a person is not doing business in this State within the meaning of this section:

(a) Does not affect the determination of whether any court, administrative agency or regulatory body in this State may exercise personal jurisdiction over the person in any civil action, criminal action, administrative proceeding or regulatory proceeding; and

(b) Except as otherwise provided in subsection 3, does not affect the applicability of any other provision of law with respect to the person and may not be offered as a defense or introduced in evidence in any civil action, criminal action, administrative proceeding or regulatory proceeding to prove that the person is not doing business in this State, including, without limitation, any civil action, criminal action, administrative proceeding or regulatory proceeding involving an alleged violation of chapter 597 , 598

or 598A of NRS.

As used in this section and for the purposes of NRS 80.016 , deposits means demand deposits, savings deposits and time deposits, as those terms are defined in chapter 657 of NRS.

(Added to NRS by 1989, 980 ; A 1991, 1244 ; 1993, 982 ; 1995, 1561 ; 1997, 708 ; 1999, 1455 , 1597 ,

3803 ,

3814 ;

2001, 282 , 1380 ,

3199 ;

2003, 3113 ; 2007, 963 ; 2017, 3084 )

NRS 82.231

NRS

82.231

Powers of corporation; classes, qualifications and rights of members; term of membership.

A corporation may have one or more classes of members or may have no members. In the absence of a provision in its articles or bylaws providing for members, a corporation has no members.
A corporation may admit any person as a member. The articles or bylaws may establish criteria or procedures for admission. A person may not be admitted as a member without his or her express or implied consent. For the purposes of this subsection and unless otherwise provided in a corporations articles or bylaws, consent includes, but is not limited to:

(a) Contracting for or acceptance of products or services from the corporation;

(b) Acceptance of benefits of membership knowing that the benefits are available only to members; or

Ê If the articles or bylaws provide that a person who contributes to the corporation is a member, a contribution is consent.

Except as provided in its articles or bylaws, a corporation may admit members for no consideration or for consideration, as is determined by the board.
Members are of one class unless the articles establish, or authorize the board or members to establish, more than one class. Members are entitled to vote and have equal rights and preferences in matters not otherwise provided for by the board or members, unless and to the extent that the articles or bylaws have fixed or limited the rights and preferences of members or different classes of members or provide for nonvoting members. The articles or bylaws may fix the term of membership.
A corporation may issue certificates showing membership in the corporation.

(Added to NRS by 1991, 1270 )

NRS 86.5483

NRS

86.5483

Activities not constituting transaction of business.

For the purposes of NRS 86.543 to 86.549 , inclusive, the following activities do not constitute transacting business in this State:

(a) Maintaining, defending or settling any proceeding;

(b) Holding meetings of the managers or members or carrying on other activities concerning internal company affairs;

(d) Maintaining offices or agencies for the transfer, exchange and registration of the companys own securities or maintaining trustees or depositaries with respect to those securities;

(e) Making sales through independent contractors;

(f) Soliciting or receiving orders outside this State through or in response to letters, circulars, catalogs or other forms of advertising, accepting those orders outside this State and filling them by shipping goods into this State;

(g) Creating or acquiring indebtedness, mortgages and security interests in real or personal property;

(h) Securing or collecting debts or enforcing mortgages and security interests in property securing the debts;

(i) Owning, without more, real or personal property;

(j) Isolated transactions completed within 30 days and not a part of a series of similar transactions;

(k) The production of motion pictures as defined in NRS 231.020 ;

(l) Transacting business as an out-of-state depository institution pursuant to the provisions of chapters 657 to 671 , inclusive, of NRS; and

(m) Transacting business in interstate commerce.

The list of activities in subsection 1 is not exhaustive.
A person who is not transacting business in this State within the meaning of this section need not qualify or comply with any provision of this chapter, title 55 of NRS or chapter 645A or 645B

of NRS unless the person:

(a) Maintains an office in this State for the transaction of business;

(b) Solicits or accepts deposits in the State, except pursuant to the provisions of chapter 666

or 666A of NRS;

(d) Arranges a mortgage loan secured by real property that is not commercial property as defined in NRS 645B.01047 .

The fact that a person is not transacting business in this State within the meaning of this section:

(b) Except as otherwise provided in subsection 3, does not affect the applicability of any other provision of law with respect to the person and may not be offered as a defense or introduced in evidence in any civil action, criminal action, administrative proceeding or regulatory proceeding to prove that the person is not transacting business in this State, including, without limitation, any civil action, criminal action, administrative proceeding or regulatory proceeding involving an alleged violation of chapter 597 , 598 or 598A of NRS.

As used in this section, deposits means demand deposits, savings deposits and time deposits, as those terms are defined in chapter 657 of NRS.

(Added to NRS by 2003, 3134 ; A 2015, 1292 ; 2017, 3085 , 3086 )

NRS 87.4322

NRS

87.4322

Formation of partnership.

Except as otherwise provided in subsection 2, the association of two or more persons to carry on as co-owners of a business for profit forms a partnership, whether or not the persons intend to form a partnership.
An association formed under a statute other than NRS 87.4301 to 87.4357 , inclusive, a predecessor statute or a comparable statute of another jurisdiction is not a partnership under NRS 87.4301 to 87.4357 , inclusive.
In determining whether a partnership is formed, the following rules apply:

(a) Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common property or part ownership does not by itself establish a partnership, even if the co-owners share profits made by the use of the property.

(b) The sharing of gross returns does not by itself establish a partnership, even if the persons sharing them have a joint or common right or interest in property from which the returns are derived.

(c) A person who receives a share of the profits of a business is presumed to be a partner in the business, unless the profits were received in payment:

(1) Of a debt by installments or otherwise;

(2) For services as an independent contractor or of wages or other compensation to an employee;

(3) Of rent;

(4) Of an annuity or other retirement or health benefit to a beneficiary, representative or designee of a deceased or retired partner;

(5) Of interest or other charge on a loan, even if the amount of payment varies with the profits of the business, including a direct or indirect present or future ownership of the collateral, or rights to income, proceeds or increase in value derived from the collateral; or

(6) For the sale of the goodwill of a business or other property by installments or otherwise.

(Added to NRS by 2005, 425 )

NRS 88.430

NRS

88.430

Liability to other persons; exceptions.

Except as provided in subsection 4, a limited partner is not liable for the obligations of a limited partnership unless the limited partner is also a general partner or, in addition to the exercise of his or her rights and powers as a limited partner, the limited partner participates in the control of the business. However, if the limited partner participates in the control of the business, the limited partner is liable only to persons who transact business with the limited partnership reasonably believing, based upon the limited partners conduct, that the limited partner is a general partner.
A limited partner does not participate in the control of the business within the meaning of subsection 1 solely by doing one or more of the following:

(a) Being a contractor for or an agent or employee of the limited partnership or of a general partner or being an officer, director or shareholder of a general partner that is a corporation;

(b) Consulting with and advising a general partner with respect to the business of the limited partnership;

(c) Acting as surety for the limited partnership guaranteeing or assuming one or more specific obligations of the limited partnership;

(d) Taking any action required or permitted by law to bring or pursue a derivative action in the right of the limited partnership;

(e) Requesting or attending a meeting of partners;

(f) Proposing, approving or disapproving, by voting or otherwise, one or more of the following matters:

(1) The dissolution and winding up of the limited partnership;

(2) The sale, exchange, lease, mortgage, pledge or other transfer of all or substantially all of the assets of the limited partnership;

(3) The incurrence of indebtedness by the limited partnership other than in the ordinary course of its business;

(4) A change in the nature of the business;

(5) The admission or removal of a general partner;

(6) The admission or removal of a limited partner;

(7) A transaction involving an actual or potential conflict of interest between a general partner and the limited partnership or the limited partners;

(8) An amendment to the partnership agreement or certificate of limited partnership; or

(9) Matters related to the business of the limited partnership not otherwise enumerated in this subsection, which the partnership agreement states in writing may be subject to the approval or disapproval of limited partners;

(g) Winding up the limited partnership pursuant to NRS 88.560 ; or

(h) Exercising any right or power permitted to limited partners under this chapter and not specifically enumerated in this subsection.

The enumeration in subsection 2 does not mean that the possession or exercise of any other powers by a limited partner constitutes participation by the limited partner in the business of the limited partnership.
A limited partner who knowingly permits his or her name to be used in the name of the limited partnership, except under circumstances permitted by paragraph (b) of subsection 1 of NRS 88.320 , is liable to creditors who extend credit to the limited partnership without actual knowledge that the limited partner is not a general partner.

(Added to NRS by 1985, 1285 ; A 1987, 71 ; 1997, 2820 )

NRS 88.602

NRS

88.602

Activities not constituting transaction of business.

For the purposes of NRS 88.570 to 88.605 , inclusive, the following activities do not constitute transacting business in this State:

(a) Maintaining, defending or settling any proceeding;

(b) Holding meetings of the managers or members or carrying on other activities concerning internal company affairs;

(d) Maintaining offices or agencies for the transfer, exchange and registration of the companys own securities or maintaining trustees or depositaries with respect to those securities;

(e) Making sales through independent contractors;

(g) Creating or acquiring indebtedness, mortgages and security interests in real or personal property;

(h) Securing or collecting debts or enforcing mortgages and security interests in property securing the debts;

(i) Owning, without more, real or personal property;

(j) Isolated transactions completed within 30 days and not a part of a series of similar transactions;

(k) The production of motion pictures as defined in NRS 231.020 ;

(l) Transacting business as an out-of-state depository institution pursuant to the provisions of chapters 657 to 671 , inclusive, of NRS; and

(m) Transacting business in interstate commerce.

The list of activities in subsection 1 is not exhaustive.
A person who is not transacting business in this State within the meaning of this section need not qualify or comply with any provision of this chapter, title 55 of NRS or chapter 645A or 645B

of NRS unless the person:

(a) Maintains an office in this State for the transaction of business; or

(b) Solicits or accepts deposits in the State, except pursuant to the provisions of chapter 666

or 666A of NRS.

The fact that a person is not transacting business in this State within the meaning of this section:

(b) Except as otherwise provided in subsection 3, does not affect the applicability of any other provision of law with respect to the person and may not be offered as a defense or introduced in evidence in any civil action, criminal action, administrative proceeding or regulatory proceeding to prove that the person is not transacting business in this State, including, without limitation, any civil action, criminal action, administrative proceeding or regulatory proceeding involving an alleged violation of chapter 597 , 598 or 598A of NRS.

As used in this section, deposits means demand deposits, savings deposits and time deposits, as those terms are defined in chapter 657 of NRS.

(Added to NRS by 2003, 3147 ; A 2015, 1312 ; 2017, 3088 )

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)