8 | | - | AN ACT relating to the Department of Corrections; making the |
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9 | | - | Department subject to the provisions of Nevada |
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10 | | - | Administrative Procedure Act for purposes of adopting |
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11 | | - | certain regulations; and providing other matters properly |
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12 | | - | relating thereto. |
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13 | | - | Legislative Counsel’s Digest: |
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14 | | - | Existing law enacts the Nevada Administrative Procedure Act, which |
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15 | | - | establishes procedural requirements for the adoption of regulations and adjudication |
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16 | | - | of contested cases by certain agencies of the Executive Department of the State |
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17 | | - | Government. (Chapter 233B of NRS) With certain exceptions, existing law |
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18 | | - | exempts the Department of Corrections from the requirements prescribed by the |
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19 | | - | Act. (NRS 233B.039) Section 1 of this bill revises this exemption and makes the |
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20 | | - | Department of Corrections subject to the Act for the purpose of adopting |
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21 | | - | regulations relating to fiscal policy, correspondence with inmates and visitation |
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22 | | - | with inmates of the Department. Section 4 of this bill provides that the regulations |
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23 | | - | currently adopted by the Department remain in effect until replaced by new |
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24 | | - | regulations adopted by the Department in accordance with the Act. |
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| 12 | + | PREFILED FEBRUARY 2, 2023 |
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| 13 | + | ____________ |
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| 14 | + | |
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| 15 | + | Referred to Committee on Government Affairs |
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| 16 | + | |
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| 17 | + | SUMMARY—Revises provisions relating to the Department of |
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| 18 | + | Corrections. (BDR 18-320) |
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| 19 | + | |
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| 20 | + | FISCAL NOTE: Effect on Local Government: No. |
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| 21 | + | Effect on the State: Yes. |
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| 22 | + | |
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| 23 | + | ~ |
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32 | | - | Section 1. NRS 233B.039 is hereby amended to read as |
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33 | | - | follows: |
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34 | | - | 233B.039 1. The following agencies are entirely exempted |
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35 | | - | from the requirements of this chapter: |
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36 | | - | (a) The Governor. |
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37 | | - | (b) Except as otherwise provided in subsection 7 and NRS |
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38 | | - | 209.221 and 209.2473, the Department of Corrections. |
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39 | | - | (c) The Nevada System of Higher Education. |
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40 | | - | (d) The Office of the Military. |
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41 | | - | (e) The Nevada Gaming Control Board. |
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42 | | - | (f) Except as otherwise provided in NRS 368A.140 and 463.765, |
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43 | | - | the Nevada Gaming Commission. |
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44 | | - | (g) Except as otherwise provided in NRS 425.620, the Division |
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45 | | - | of Welfare and Supportive Services of the Department of Health and |
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46 | | - | Human Services. |
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47 | | - | (h) Except as otherwise provided in NRS 422.390, the Division |
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48 | | - | of Health Care Financing and Policy of the Department of Health |
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49 | | - | and Human Services. |
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50 | | - | – 2 – |
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51 | | - | |
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52 | | - | |
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53 | | - | - 82nd Session (2023) |
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54 | | - | (i) Except as otherwise provided in NRS 533.365, the Office of |
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55 | | - | the State Engineer. |
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56 | | - | (j) The Division of Industrial Relations of the Department of |
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57 | | - | Business and Industry acting to enforce the provisions of |
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58 | | - | NRS 618.375. |
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59 | | - | (k) The Administrator of the Division of Industrial Relations of |
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60 | | - | the Department of Business and Industry in establishing and |
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61 | | - | adjusting the schedule of fees and charges for accident benefits |
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62 | | - | pursuant to subsection 2 of NRS 616C.260. |
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63 | | - | (l) The Board to Review Claims in adopting resolutions to carry |
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64 | | - | out its duties pursuant to NRS 445C.310. |
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65 | | - | (m) The Silver State Health Insurance Exchange. |
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66 | | - | (n) The Cannabis Compliance Board. |
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67 | | - | 2. Except as otherwise provided in subsection 5 and NRS |
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68 | | - | 391.323, the Department of Education, the Board of the Public |
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69 | | - | Employees’ Benefits Program and the Commission on Professional |
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70 | | - | Standards in Education are subject to the provisions of this chapter |
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71 | | - | for the purpose of adopting regulations but not with respect to any |
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72 | | - | contested case. |
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73 | | - | 3. The special provisions of: |
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74 | | - | (a) Chapter 612 of NRS for the adoption of an emergency |
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75 | | - | regulation or the distribution of regulations by and the judicial |
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76 | | - | review of decisions of the Employment Security Division of the |
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77 | | - | Department of Employment, Training and Rehabilitation; |
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78 | | - | (b) Chapters 616A to 617, inclusive, of NRS for the |
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79 | | - | determination of contested claims; |
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80 | | - | (c) Chapter 91 of NRS for the judicial review of decisions of the |
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81 | | - | Administrator of the Securities Division of the Office of the |
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82 | | - | Secretary of State; and |
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83 | | - | (d) NRS 90.800 for the use of summary orders in contested |
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84 | | - | cases, |
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85 | | - | prevail over the general provisions of this chapter. |
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86 | | - | 4. The provisions of NRS 233B.122, 233B.124, 233B.125 and |
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87 | | - | 233B.126 do not apply to the Department of Health and Human |
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88 | | - | Services in the adjudication of contested cases involving the |
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89 | | - | issuance of letters of approval for health facilities and agencies. |
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90 | | - | 5. The provisions of this chapter do not apply to: |
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91 | | - | (a) Any order for immediate action, including, but not limited |
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92 | | - | to, quarantine and the treatment or cleansing of infected or infested |
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93 | | - | animals, objects or premises, made under the authority of the State |
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94 | | - | Board of Agriculture, the State Board of Health, or any other agency |
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95 | | - | of this State in the discharge of a responsibility for the preservation |
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96 | | - | of human or animal health or for insect or pest control; |
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| 56 | + | Section 1. NRS 233B.039 is hereby amended to read as 1 |
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| 57 | + | follows: 2 |
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| 58 | + | 233B.039 1. The following agencies are entirely exempted 3 |
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| 59 | + | from the requirements of this chapter: 4 |
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| 60 | + | (a) The Governor. 5 |
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| 61 | + | (b) [Except as otherwise provided in NRS 209.221 and 6 |
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| 62 | + | 209.2473, the Department of Corrections. 7 |
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| 63 | + | (c)] The Nevada System of Higher Education. 8 |
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| 64 | + | [(d)] (c) The Office of the Military. 9 |
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| 65 | + | [(e)] (d) The Nevada Gaming Control Board. 10 |
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| 66 | + | [(f)] (e) Except as otherwise provided in NRS 368A.140 and 11 |
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| 67 | + | 463.765, the Nevada Gaming Commission. 12 |
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| 68 | + | [(g)] (f) Except as otherwise provided in NRS 425.620, the 13 |
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| 69 | + | Division of Welfare and Supportive Services of the Department of 14 |
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| 70 | + | Health and Human Services. 15 |
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| 71 | + | [(h)] (g) Except as otherwise provided in NRS 422.390, the 16 |
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| 72 | + | Division of Health Care Financing and Policy of the Department of 17 |
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| 73 | + | Health and Human Services. 18 |
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| 74 | + | [(i)] (h) Except as otherwise provided in NRS 533.365, the 19 |
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| 75 | + | Office of the State Engineer. 20 |
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| 76 | + | [(j)] (i) The Division of Industrial Relations of the Department 21 |
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| 77 | + | of Business and Industry acting to enforce the provisions of 22 |
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| 78 | + | NRS 618.375. 23 |
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| 79 | + | [(k)] (j) The Administrator of the Division of Industrial 24 |
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| 80 | + | Relations of the Department of Business and Industry in 25 |
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| 81 | + | establishing and adjusting the schedule of fees and charges for 26 |
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| 82 | + | accident benefits pursuant to subsection 2 of NRS 616C.260. 27 |
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| 83 | + | [(l)] (k) The Board to Review Claims in adopting resolutions to 28 |
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| 84 | + | carry out its duties pursuant to NRS 445C.310. 29 |
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| 85 | + | [(m)] (l) The Silver State Health Insurance Exchange. 30 |
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| 86 | + | [(n)] (m) The Cannabis Compliance Board. 31 |
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| 87 | + | 2. Except as otherwise provided in subsection 5 and NRS 32 |
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| 88 | + | 391.323, the Department of Education, the Board of the Public 33 |
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| 89 | + | Employees’ Benefits Program and the Commission on Professional 34 |
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| 90 | + | Standards in Education are subject to the provisions of this chapter 35 |
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| 91 | + | for the purpose of adopting regulations but not with respect to any 36 |
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| 92 | + | contested case. 37 |
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| 93 | + | 3. The special provisions of: 38 |
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| 94 | + | (a) Chapter 612 of NRS for the adoption of an emergency 39 |
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| 95 | + | regulation or the distribution of regulations by and the judicial 40 |
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| 96 | + | review of decisions of the Employment Security Division of the 41 |
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| 97 | + | Department of Employment, Training and Rehabilitation; 42 |
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100 | | - | - 82nd Session (2023) |
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101 | | - | (b) An extraordinary regulation of the State Board of Pharmacy |
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102 | | - | adopted pursuant to NRS 453.2184; |
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103 | | - | (c) A regulation adopted by the State Board of Education |
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104 | | - | pursuant to NRS 388.255 or 394.1694; |
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105 | | - | (d) The judicial review of decisions of the Public Utilities |
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106 | | - | Commission of Nevada; |
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107 | | - | (e) The adoption, amendment or repeal of policies by the |
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108 | | - | Rehabilitation Division of the Department of Employment, Training |
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109 | | - | and Rehabilitation pursuant to NRS 426.561 or 615.178; |
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110 | | - | (f) The adoption or amendment of a rule or regulation to be |
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111 | | - | included in the State Plan for Services for Victims of Crime by the |
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112 | | - | Department of Health and Human Services pursuant to |
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113 | | - | NRS 217.130; |
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114 | | - | (g) The adoption, amendment or repeal of rules governing the |
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115 | | - | conduct of contests and exhibitions of unarmed combat by the |
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116 | | - | Nevada Athletic Commission pursuant to NRS 467.075; |
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117 | | - | (h) The adoption, amendment or repeal of regulations by the |
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118 | | - | Director of the Department of Health and Human Services pursuant |
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119 | | - | to NRS 447.335 to 447.350, inclusive; |
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120 | | - | (i) The adoption, amendment or repeal of standards of content |
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121 | | - | and performance for courses of study in public schools by the |
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122 | | - | Council to Establish Academic Standards for Public Schools and the |
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123 | | - | State Board of Education pursuant to NRS 389.520; |
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124 | | - | (j) The adoption, amendment or repeal of the statewide plan to |
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125 | | - | allocate money from the Fund for a Resilient Nevada created by |
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126 | | - | NRS 433.732 established by the Department of Health and Human |
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127 | | - | Services pursuant to paragraph (b) of subsection 1 of NRS 433.734; |
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128 | | - | or |
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129 | | - | (k) The adoption or amendment of a data request by the |
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130 | | - | Commissioner of Insurance pursuant to NRS 687B.404. |
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131 | | - | 6. The State Board of Parole Commissioners is subject to the |
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132 | | - | provisions of this chapter for the purpose of adopting regulations but |
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133 | | - | not with respect to any contested case. |
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134 | | - | 7. The Department of Corrections is subject to the provisions |
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135 | | - | of this chapter for the purpose of adopting regulations relating to |
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136 | | - | fiscal policy, correspondence with inmates and visitation with |
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137 | | - | inmates of the Department of Corrections. |
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138 | | - | Secs. 2 and 3. (Deleted by amendment.) |
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139 | | - | Sec. 4. 1. Any current regulations adopted by the |
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140 | | - | Department of Corrections related to fiscal policy, correspondence |
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141 | | - | with inmates and visitation with inmates must remain in effect until |
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142 | | - | regulations are adopted pursuant to chapter 233B of NRS, as |
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| 101 | + | - *SB105* |
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| 102 | + | (b) Chapters 616A to 617, inclusive, of NRS for the 1 |
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| 103 | + | determination of contested claims; 2 |
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| 104 | + | (c) Chapter 91 of NRS for the judicial review of decisions of the 3 |
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| 105 | + | Administrator of the Securities Division of the Office of the 4 |
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| 106 | + | Secretary of State; and 5 |
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| 107 | + | (d) NRS 90.800 for the use of summary orders in contested 6 |
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| 108 | + | cases, 7 |
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| 109 | + | prevail over the general provisions of this chapter. 8 |
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| 110 | + | 4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 9 |
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| 111 | + | 233B.126 do not apply to the Department of Health and Human 10 |
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| 112 | + | Services in the adjudication of contested cases involving the 11 |
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| 113 | + | issuance of letters of approval for health facilities and agencies. 12 |
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| 114 | + | 5. The provisions of this chapter do not apply to: 13 |
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| 115 | + | (a) Any order for immediate action, including, but not limited 14 |
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| 116 | + | to, quarantine and the treatment or cleansing of infected or infested 15 |
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| 117 | + | animals, objects or premises, made under the authority of the State 16 |
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| 118 | + | Board of Agriculture, the State Board of Health, or any other agency 17 |
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| 119 | + | of this State in the discharge of a responsibility for the preservation 18 |
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| 120 | + | of human or animal health or for insect or pest control; 19 |
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| 121 | + | (b) An extraordinary regulation of the State Board of Pharmacy 20 |
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| 122 | + | adopted pursuant to NRS 453.2184; 21 |
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| 123 | + | (c) A regulation adopted by the State Board of Education 22 |
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| 124 | + | pursuant to NRS 388.255 or 394.1694; 23 |
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| 125 | + | (d) The judicial review of decisions of the Public Utilities 24 |
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| 126 | + | Commission of Nevada; 25 |
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| 127 | + | (e) The adoption, amendment or repeal of policies by the 26 |
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| 128 | + | Rehabilitation Division of the Department of Employment, Training 27 |
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| 129 | + | and Rehabilitation pursuant to NRS 426.561 or 615.178; 28 |
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| 130 | + | (f) The adoption or amendment of a rule or regulation to be 29 |
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| 131 | + | included in the State Plan for Services for Victims of Crime by the 30 |
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| 132 | + | Department of Health and Human Services pursuant to 31 |
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| 133 | + | NRS 217.130; 32 |
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| 134 | + | (g) The adoption, amendment or repeal of rules governing the 33 |
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| 135 | + | conduct of contests and exhibitions of unarmed combat by the 34 |
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| 136 | + | Nevada Athletic Commission pursuant to NRS 467.075; 35 |
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| 137 | + | (h) The adoption, amendment or repeal of regulations by the 36 |
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| 138 | + | Director of the Department of Health and Human Services pursuant 37 |
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| 139 | + | to NRS 447.335 to 447.350, inclusive; 38 |
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| 140 | + | (i) The adoption, amendment or repeal of standards of content 39 |
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| 141 | + | and performance for courses of study in public schools by the 40 |
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| 142 | + | Council to Establish Academic Standards for Public Schools and the 41 |
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| 143 | + | State Board of Education pursuant to NRS 389.520; 42 |
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| 144 | + | (j) The adoption, amendment or repeal of the statewide plan to 43 |
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| 145 | + | allocate money from the Fund for a Resilient Nevada created by 44 |
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| 146 | + | NRS 433.732 established by the Department of Health and Human 45 |
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146 | | - | - 82nd Session (2023) |
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147 | | - | amended by section 1 of this act, to replace those regulations, as |
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148 | | - | required pursuant to subsection 2. |
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149 | | - | 2. The Department shall, as soon as practicable, adopt |
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150 | | - | regulations pursuant to chapter 233B of NRS, as amended by |
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151 | | - | section 1 of this act, to replace the current regulations adopted by |
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152 | | - | the Department relating to fiscal policy, correspondence with |
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153 | | - | inmates and visitation with inmates. |
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154 | | - | Sec. 5. This act becomes effective on July 1, 2023. |
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| 150 | + | - *SB105* |
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| 151 | + | Services pursuant to paragraph (b) of subsection 1 of NRS 433.734; 1 |
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| 152 | + | or 2 |
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| 153 | + | (k) The adoption or amendment of a data request by the 3 |
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| 154 | + | Commissioner of Insurance pursuant to NRS 687B.404. 4 |
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| 155 | + | 6. The State Board of Parole Commissioners is subject to the 5 |
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| 156 | + | provisions of this chapter for the purpose of adopting regulations but 6 |
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| 157 | + | not with respect to any contested case. 7 |
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| 158 | + | 7. The Department of Corrections is subject to the provisions 8 |
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| 159 | + | of this chapter for the purpose of adopting regulations but not 9 |
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| 160 | + | with respect to any contested case. 10 |
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| 161 | + | Sec. 2. NRS 209.221 is hereby amended to read as follows: 11 |
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| 162 | + | 209.221 1. The Offenders’ Store Fund is hereby created as a 12 |
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| 163 | + | special revenue fund. All money received for the benefit of 13 |
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| 164 | + | offenders through contributions, and from other sources not 14 |
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| 165 | + | otherwise required to be deposited in another fund, must be 15 |
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| 166 | + | deposited in the Offenders’ Store Fund. 16 |
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| 167 | + | 2. The Director shall: 17 |
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| 168 | + | (a) Keep, or cause to be kept, a full and accurate account of the 18 |
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| 169 | + | Fund; 19 |
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| 170 | + | (b) Submit reports to the Board relative to money in the Fund as 20 |
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| 171 | + | may be required from time to time; and 21 |
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| 172 | + | (c) Submit a monthly report to the offenders of the amount of 22 |
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| 173 | + | money in the Fund by posting copies of the report at locations 23 |
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| 174 | + | accessible to offenders generally or by delivery of copies to the 24 |
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| 175 | + | appropriate representatives of the offenders if any are selected. 25 |
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| 176 | + | 3. Except as otherwise provided in subsections 4 to 10, 26 |
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| 177 | + | inclusive, money in the Offenders’ Store Fund, except interest 27 |
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| 178 | + | earned upon it, must be expended for the welfare and benefit of all 28 |
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| 179 | + | offenders or for any other purpose authorized by the Legislature. 29 |
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| 180 | + | 4. If necessary to cover a shortfall of money in the Prisoners’ 30 |
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| 181 | + | Personal Property Fund, the Director may, after obtaining the 31 |
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| 182 | + | approval of the Interim Finance Committee, authorize the State 32 |
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| 183 | + | Controller to transfer money from the Offenders’ Store Fund to the 33 |
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| 184 | + | Prisoners’ Personal Property Fund, and the State Controller shall 34 |
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| 185 | + | make the transfer. 35 |
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| 186 | + | 5. If an offender has insufficient money in his or her individual 36 |
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| 187 | + | account in the Prisoners’ Personal Property Fund to repay or defray 37 |
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| 188 | + | costs assessed to the offender pursuant to NRS 209.246, the Director 38 |
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| 189 | + | shall authorize the State Controller to transfer sufficient money from 39 |
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| 190 | + | the Offenders’ Store Fund to the appropriate account in the State 40 |
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| 191 | + | General Fund to pay costs remaining unpaid, and the State 41 |
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| 192 | + | Controller shall make the transfer. Any money so transferred must 42 |
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| 193 | + | be accounted for separately. The Director shall cause the Offenders’ 43 |
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| 194 | + | Store Fund to be reimbursed from the offender’s individual account 44 |
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| 195 | + | – 5 – |
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156 | | - | 20 ~~~~~ 23 |
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| 197 | + | |
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| 198 | + | - *SB105* |
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| 199 | + | in the Prisoners’ Personal Property Fund, as money becomes 1 |
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| 200 | + | available. 2 |
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| 201 | + | 6. If the Department incurs costs related to state property that 3 |
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| 202 | + | has been willfully damaged, destroyed or lost or incurs costs related 4 |
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| 203 | + | to medical examination, diagnosis or treatment for an injury to an 5 |
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| 204 | + | offender, the Director may authorize the State Controller to transfer 6 |
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| 205 | + | money from the Offenders’ Store Fund to the appropriate account in 7 |
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| 206 | + | the State General Fund to repay or defray those costs if: 8 |
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| 207 | + | (a) The Director has reason to believe that an offender caused 9 |
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| 208 | + | the damage, destruction, loss or injury; and 10 |
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| 209 | + | (b) The identity of the offender is unknown or cannot be 11 |
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| 210 | + | determined by the Director with reasonable certainty. 12 |
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| 211 | + | The State Controller shall make the transfer if authorized by the 13 |
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| 212 | + | Director. Any money transferred must be accounted for separately. 14 |
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| 213 | + | If the identity of the offender is determined after money has been 15 |
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| 214 | + | transferred, the Director shall cause the Offenders’ Store Fund to be 16 |
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| 215 | + | reimbursed from the offender’s individual account in the Prisoners’ 17 |
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| 216 | + | Personal Property Fund, as money becomes available. 18 |
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| 217 | + | 7. The Director may, with approval of the Board, establish by 19 |
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| 218 | + | regulation criteria for a reasonable deduction from money credited 20 |
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| 219 | + | to the Offenders’ Store Fund to repay or defray the costs relating to 21 |
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| 220 | + | the operation and maintenance of the offenders’ store, coffee shop, 22 |
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| 221 | + | gymnasium and correctional officers’ salaries for visitation posts 23 |
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| 222 | + | where they exist in each facility. [Any regulations adopted pursuant 24 |
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| 223 | + | to this subsection must be adopted in accordance with the provisions 25 |
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| 224 | + | of chapter 233B of NRS.] 26 |
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| 225 | + | 8. The Director may, with approval of the Board, establish by 27 |
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| 226 | + | regulation a charge on the purchase of electronic devices by 28 |
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| 227 | + | offenders to defray the costs relating to the operation of the devices. 29 |
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| 228 | + | The Director shall utilize the proceeds collected from the charge 30 |
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| 229 | + | established for operation of the devices to offset the energy costs of 31 |
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| 230 | + | the facilities within the Department. [Any regulations adopted 32 |
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| 231 | + | pursuant to this subsection must be adopted in accordance with the 33 |
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| 232 | + | provisions of chapter 233B of NRS.] 34 |
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| 233 | + | 9. The Director may, with approval of the Board, establish by 35 |
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| 234 | + | regulation a charge on the use by offenders of videoconferencing 36 |
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| 235 | + | equipment for conducting visits to defray the costs relating to the 37 |
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| 236 | + | operation and maintenance of the equipment. The Director shall 38 |
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| 237 | + | utilize the proceeds collected from the charge established for the 39 |
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| 238 | + | operation and maintenance of the equipment to offset the costs of 40 |
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| 239 | + | operating and maintaining the videoconferencing equipment and 41 |
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| 240 | + | correctional officers’ salaries for posts for conducting visits by 42 |
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| 241 | + | videoconference where the posts exist in each facility. 43 |
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| 242 | + | 10. If an offender who has been assigned to a center for the 44 |
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| 243 | + | purpose of making restitution is returned to an institution for 45 |
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| 244 | + | – 6 – |
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| 245 | + | |
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| 246 | + | |
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| 247 | + | - *SB105* |
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| 248 | + | committing an infraction of the regulations of the Department and 1 |
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| 249 | + | the center has not been fully compensated for the cost of providing 2 |
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| 250 | + | the offender with housing, transportation, meals, or medical or 3 |
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| 251 | + | dental services at the center, the Director may authorize the State 4 |
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| 252 | + | Controller to transfer money from the Offenders’ Store Fund to the 5 |
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| 253 | + | appropriate account in the State General Fund to repay or defray 6 |
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| 254 | + | those costs. The State Controller shall make the transfer if 7 |
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| 255 | + | authorized by the Director. Any money transferred must be 8 |
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| 256 | + | accounted for separately. The Director shall cause the Offenders’ 9 |
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| 257 | + | Store Fund to be reimbursed from the offender’s individual account 10 |
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| 258 | + | in the Prisoners’ Personal Property Fund, as money becomes 11 |
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| 259 | + | available. 12 |
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| 260 | + | 11. If an offender has insufficient money in his or her 13 |
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| 261 | + | individual account in the Prisoners’ Personal Property Fund to repay 14 |
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| 262 | + | or defray costs assessed to the offender pursuant to NRS 209.246, 15 |
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| 263 | + | the offender shall sign a statement under penalty of perjury 16 |
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| 264 | + | concerning his or her financial situation. Such a statement must 17 |
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| 265 | + | include, but is not limited to, the following information: 18 |
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| 266 | + | (a) The value of any interest the offender has in real estate; 19 |
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| 267 | + | (b) The value of the personal property of the offender; 20 |
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| 268 | + | (c) The assets in any bank account of the offender; and 21 |
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| 269 | + | (d) The employment status of the offender. 22 |
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| 270 | + | 12. The statement required by subsection 11 must also 23 |
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| 271 | + | authorize the Department to access any relevant document, for the 24 |
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| 272 | + | purpose of verifying the accuracy of the information provided by the 25 |
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| 273 | + | offender pursuant to this section, including, but not limited to, 26 |
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| 274 | + | information regarding any bank account of the offender, information 27 |
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| 275 | + | regarding any bank account held in trust for the offender and any 28 |
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| 276 | + | federal income tax return, report or withholding form of the 29 |
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| 277 | + | offender. 30 |
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| 278 | + | 13. An offender who conceals assets from the Department or 31 |
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| 279 | + | provides false or misleading information on a statement prepared 32 |
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| 280 | + | pursuant to this section is guilty of a gross misdemeanor. 33 |
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| 281 | + | 14. A person who aids or encourages an offender to conceal 34 |
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| 282 | + | assets from the Department or to provide false or misleading 35 |
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| 283 | + | information on a statement prepared pursuant to this section is guilty 36 |
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| 284 | + | of a gross misdemeanor. 37 |
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| 285 | + | Sec. 3. NRS 209.2473 is hereby amended to read as follows: 38 |
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| 286 | + | 209.2473 [1.] The Department may adopt regulations 39 |
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| 287 | + | necessary to carry out the provisions of NRS 209.247 and 209.463. 40 |
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| 288 | + | [2. Any regulations adopted pursuant to this section must be 41 |
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| 289 | + | adopted in accordance with the provisions of chapter 233B of NRS.] 42 |
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| 290 | + | Sec. 4. 1. Any current regulations adopted by the 43 |
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| 291 | + | Department of Corrections, except for those regulations adopted by 44 |
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| 292 | + | the Department pursuant to NRS 209.221 and 209.2473, as those 45 |
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| 293 | + | – 7 – |
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| 294 | + | |
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| 295 | + | |
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| 296 | + | - *SB105* |
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| 297 | + | sections existed before July 1, 2023, must remain in effect until 1 |
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| 298 | + | regulations are adopted pursuant to chapter 233B of NRS, as 2 |
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| 299 | + | amended by section 1 of this act, to replace those regulations, as 3 |
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| 300 | + | required pursuant to subsection 2. 4 |
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| 301 | + | 2. The Department shall, as soon as practicable, adopt 5 |
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| 302 | + | regulations pursuant to chapter 233B of NRS, as amended by 6 |
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| 303 | + | section 1 of this act, to replace the current regulations adopted by 7 |
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| 304 | + | the Department, except for those regulations adopted by the 8 |
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| 305 | + | Department pursuant to NRS 209.221 and 209.2473, as those 9 |
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| 306 | + | sections existed before July 1, 2023. 10 |
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| 307 | + | Sec. 5. This act becomes effective on July 1, 2023. 11 |
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| 308 | + | |
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| 309 | + | H |
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| 310 | + | |
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| 311 | + | |
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| 312 | + | |
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