S.B. 375
- *SB375*
SENATE BILL NO. 375–SENATOR PAZINA
MARCH 17, 2025
____________
Referred to Committee on Commerce and Labor
SUMMARY—Revises provisions relating to credit unions.
(BDR 55-605)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to credit unions; authorizing a credit union which
is a low-income credit union to issue shares to
nonmembers under certain circumstances; authorizing the
Commissioner of Financial Institutions to temporarily
suspend certain regulations under certain circumstances;
requiring the Commissioner to approve or deny an
application to open an additional office within 60 days
after receipt of the application; revising requirements for
the par value of shares of a credit union; revising
provisions relating to certain operations of a credit union;
revising requirements for the board of directors of a credit
union; revising provisions relating to membership in a
credit union; revising provisions relating to certain
reserves, loans and investments of a credit union; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides for the regulation and oversight of certain credit unions 1
by the Commissioner of Financial Institutions. (Chapter 672 of NRS) Section 2 of 2
this bill authorizes the Commissioner to issue an order which temporarily suspends 3
a regulation of the Commissioner relating to credit unions for not more than 90 4
days: (1) during a state of emergency or declaration of disaster; or (2) if the 5
Commissioner determines the order is in the public interest. Section 2 requires: (1) 6
such an order to contain certain information and meet certain requirements; and (2) 7
the Commissioner to provide written notice and a copy of any such order to any 8
credit union subject to the authority of the Commissioner. Section 15 of this bill 9
exempts any order issued by the Commissioner pursuant to section 2 from the 10
requirements of the Nevada Administrative Procedure Act. 11
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Existing law requires an application which is submitted to the Secretary of 12
State to organize a credit union to establish the par value of the shares, which must 13
be $5 or some multiple thereof. (NRS 672.310) Section 3 of this bill reduces the 14
required par value to $1 or some multiple thereof. Section 9 of this bill authorizes 15
the bylaws of the credit union to: (1) specify a dollar amount for the par value of a 16
share; or (2) require the par value of a share to be determined from time to time by 17
resolution of the board of directors. Section 1 of this bill authorizes a credit union 18
that qualifies for designation as a low-income credit union to issue shares to 19
nonmembers under certain circumstances. 20
Existing law authorizes a credit union to maintain an office at a location other 21
than the main office, with the approval of the Commissioner, if the office is 22
reasonably necessary to furnish service to its members. (NRS 672.330) Section 4 of 23
this bill: (1) removes the requirement to determine whether an office is reasonably 24
necessary to furnish such service; and (2) requires the Commissioner to approve or 25
deny any application to open an additional office within 60 days after receiving the 26
application. 27
Existing law requires vacancies in the board of directors of a credit union to be 28
filled by vote of the members of the credit union at the annual meeting or at a 29
special meeting called for that purpose. Existing law also authorizes the board to 30
temporarily fill such a vacancy until the next annual meeting or special meeting. 31
(NRS 672.350) Section 5 of this bill authorizes the board to fill such a vacancy for 32
the remainder of the unexpired term, after which the seat is required to be filled by 33
vote of the members of the credit union according to the established procedures of 34
the credit union for nomination and election. 35
Existing law requires the board of directors of a credit union to meet not less 36
than once a month. (NRS 672.360) Section 6 of this bill requires the board to meet 37
not less than six times during each calendar year, including not less than one time 38
during each calendar quarter. Section 6 also authorizes the Commissioner to 39
require the board to meet more frequently if the Commissioner determines it is 40
necessary to address matters relating to an examination. Finally, section 6 41
authorizes the board to conduct a meeting through certain electronic means under 42
certain circumstances. Section 10 of this bill similarly authorizes members of a 43
credit union to participate in a meeting through certain electronic means under 44
certain circumstances. 45
Existing law authorizes the board of directors to appoint membership officers 46
from the members of the credit union to act upon membership applications. (NRS 47
672.380) Section 7 of this bill authorizes the board to appoint officers, directors or 48
employees of the credit union to act as membership officers. Existing law requires 49
the membership of a particular credit union to be limited to certain persons, 50
including those who have: (1) paid the entrance fee provided in the bylaws; and (2) 51
subscribed for one or more shares and have paid the initial installment thereon. 52
(NRS 672.510) Section 8 of this bill authorizes a credit union to pay such an 53
entrance fee, cost of shares or initial installment for a prospective member under 54
certain circumstances if such a promotion is equally available to any prospective 55
member. 56
Existing law sets forth requirements relating to the regular reserves of a credit 57
union. (NRS 672.670) Section 11 of this bill removes those specific requirements 58
and instead requires a credit union to comply with certain provisions of federal 59
regulations. Existing law authorizes a credit union to make loans to members under 60
certain circumstances. (NRS 672.710) Section 12 of this bill revises certain 61
requirements for the making of loans and authorizes a nonmember to participate in 62
an obligation or extension of credit to a member, under certain circumstances, as a 63
joint applicant, joint obligor, co-borrower, surety or guarantor. Existing law 64
authorizes a credit union to make certain investments with money not used in loans 65
to members. (NRS 672.760) Section 13 of this bill adds, under certain 66
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circumstances, municipal bonds which are issued by a public entity outside of this 67
State to the list of permissible investments a credit union may make. Section 13 68
also authorizes the Commissioner to adopt regulations or give written authorization 69
upon request of a particular credit union which authorize a credit union to make 70
other investments. Section 14 of this bill: (1) removes certain limitations on a credit 71
union regarding investing in fixed assets; and (2) authorizes a credit union to 72
purchase, hold and dispose of property necessary or incidental to the operations of 73
the credit union in compliance with certain federal regulations. 74
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 672 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
A credit union that qualifies for designation as a low-income 3
credit union pursuant to 12 C.F.R. § 701.34, as amended, may 4
issue shares to nonmembers. The total number of shares issued by 5
the credit union to nonmembers must not exceed 20 percent of the 6
unimpaired capital and surplus of the credit union unless the 7
credit union obtains written authorization from the Commissioner. 8
Sec. 2. NRS 672.250 is hereby amended to read as follows: 9
672.250 [The] 1. Except as otherwise provided in this 10
section, the Commissioner shall administer the provisions of this 11
chapter, subject to administrative supervision by the Director. 12
2. The Commissioner shall make the decisions and 13
determinations and adopt regulations which are necessary or 14
reasonably appropriate to accomplish the purposes of this chapter. 15
3. The Commissioner may issue an order to temporarily 16
suspend a regulation of the Commissioner adopted pursuant to 17
this chapter, in accordance with the requirements of this section, 18
if: 19
(a) The Governor or the Legislature proclaims the existence of 20
a state of emergency or issues a declaration of disaster pursuant to 21
NRS 414.070; or 22
(b) The Commissioner determines that the order is in the 23
public interest. 24
4. An order issued pursuant to subsection 3: 25
(a) Is effective for not more than 90 days unless the 26
Commissioner extends the order for one additional period of not 27
more than 90 days. The Commissioner shall not extend an order 28
issued pursuant to paragraph (b) of subsection 3 more than once. 29
(b) Must include: 30
(1) The regulation that the order suspends; 31
(2) The specific reason for the order, including, without 32
limitation, the public interest which is served by the order, if 33
applicable; and 34
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(3) The date on which the order becomes effective and the 1
date on which the order terminates. 2
5. If the Commissioner issues an order to temporarily 3
suspend a regulation pursuant to subsection 3, the Commissioner 4
shall promptly provide written notice and a copy of the order to 5
any credit union subject to the provisions of this chapter. 6
Sec. 3. NRS 672.310 is hereby amended to read as follows: 7
672.310 1. The Secretary of State shall not issue any 8
certificate of incorporation to any credit union authorizing it to do 9
business in this state until the articles of incorporation are approved 10
by the Commissioner. 11
2. An amendment to the articles of incorporation may not be 12
filed by the Secretary of State without the written approval of the 13
Commissioner. 14
3. Not less than seven persons who are residents of Nevada, 15
have a common bond and are of legal age who desire to organize a 16
credit union under this chapter shall first execute in triplicate an 17
application, upon forms to be issued by the Commissioner, for 18
permission to organize an association. The applicants shall submit 19
with or include in their application: 20
(a) A copy of the articles of incorporation which must comply 21
with the provisions of NRS 81.440 except where those provisions 22
conflict with the provisions of this chapter. 23
(b) The par value of the shares, which must be [$5] $1 or some 24
multiple thereof. 25
(c) The names and addresses of the applicants and an itemized 26
account of the financial condition of the applicants and the proposed 27
credit union. 28
(d) The name, which must include the words “credit union,” and 29
the principal place of business. 30
(e) Any additional information which the Commissioner may 31
require to determine the character and responsibility of the 32
applicants and the need for a credit union in the community to be 33
served. 34
The incorporators shall submit a set of proposed bylaws to the 35
Commissioner with their application and the bylaws when approved 36
by the Commissioner are effective upon filing the articles of 37
incorporation. The Commissioner shall approve or disapprove the 38
application within 30 days following its receipt. 39
4. Every application for permission to organize, as provided for 40
in this section, must be accompanied by an application fee and a fee 41
payment to cover expenses attendant upon the investigation required 42
for approval. The amount of the fees must be established by 43
regulation adopted by the Commissioner. 44
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5. The subscribers for a credit union charter shall not transact 1
any business until formal approval of the charter has been received. 2
Sec. 4. NRS 672.330 is hereby amended to read as follows: 3
672.330 1. A credit union may maintain, with the approval of 4
the Commissioner, offices at locations other than its main office . [if 5
the maintenance of] The Commissioner shall approve or deny any 6
application to open an additional office within 60 days after the 7
[offices is reasonably necessary to furnish service to its members.] 8
date on which the Commissioner receives the application. 9
2. A credit union may change its principal place of business 10
within this state upon providing written notice to the Division of 11
Financial Institutions. 12
3. A credit union may share office space with one or more 13
credit unions and contract with a corporation to provide facilities or 14
personnel. 15
Sec. 5. NRS 672.350 is hereby amended to read as follows: 16
672.350 1. The business affairs of a credit union shall be 17
directed by an odd-numbered board of not fewer than five directors 18
to be elected at the annual meetings by and from the members, and 19
an audit and credit committee if appointed by the board. The 20
persons designated in the articles of incorporation shall be the first 21
directors. 22
2. All members of the board and such committees shall hold 23
office for such terms as the bylaws may provide. 24
3. Vacancies in the board of directors shall be filled by vote of 25
the [members at the annual meeting or at a special meeting called 26
for that purpose. The] board [may fill any vacancies occurring in] of 27
directors for the remainder of the [board until successors elected at] 28
unexpired term, after which the [annual meeting or special meeting 29
have qualified.] seat shall be filled by vote of the members 30
according to the established procedures of the credit union for 31
nomination and election. 32
4. The board shall also fill vacancies in the credit and audit 33
committees [.] in the same manner as prescribed for vacancies in 34
the board. 35
Sec. 6. NRS 672.360 is hereby amended to read as follows: 36
672.360 1. [The] Except as otherwise provided in subsection 37
2, the board of directors is responsible for the general direction of 38
the affairs, funds and records of the credit union and shall meet as 39
often as necessary to accomplish their duties, but not less than [once 40
a month.] six times during each calendar year, including not less 41
than one time during each calendar quarter. 42
2. The Commissioner may require the board to meet more 43
frequently than six times during any calendar year if the 44
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Commissioner determines it is necessary to address matters 1
relating to an examination conducted pursuant to this chapter. 2
3. The board may appoint an executive committee of not less 3
than three directors who may be authorized, by a majority vote of 4
the whole board, to act for the board subject to any conditions or 5
limitations the board may prescribe. 6
4. Except as otherwise provided in the articles of 7
incorporation or the bylaws, the board of directors may conduct a 8
meeting through electronic communications, videoconferencing, 9
teleconferencing or other available technology which allows the 10
directors to communicate simultaneously or sequentially. 11
Participating in a meeting pursuant to this subsection constitutes 12
presence in person at the meeting. 13
Sec. 7. NRS 672.380 is hereby amended to read as follows: 14
672.380 The directors may: 15
1. Act upon applications for membership or appoint one or 16
more membership officers from the members of the credit union or 17
from the officers, directors or employees of the credit union to act 18
upon membership applications subject to conditions imposed by the 19
board. If membership officers are appointed they shall submit at 20
each board meeting a list of approved or pending applications for 21
membership. 22
2. Invest surplus funds or designate an officer or committee to 23
be responsible for making investments subject to rules and 24
procedures established by the board of directors. 25
3. Authorize the employment of persons necessary to carry on 26
the business of the credit union. 27
4. Authorize the conveyance of property. 28
5. Borrow or lend money to carry on the functions of the credit 29
union. 30
6. Appoint any special committees which the board feels 31
necessary to carry on the business of the credit union. 32
7. Perform or authorize any action not inconsistent with this 33
chapter and not specifically reserved by the bylaws for the members. 34
8. Employ a general manager to be in charge of operations or, 35
in lieu thereof, designate the treasurer to act as general manager and 36
be in active charge of the affairs of the credit union. 37
9. Amend the bylaws of the credit union. 38
Sec. 8. NRS 672.510 is hereby amended to read as follows: 39
672.510 1. The membership of a particular credit union shall 40
be limited to the subscribers to the articles of incorporation and such 41
other persons who have: 42
(a) The common bond set forth in the bylaws; 43
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(b) [Paid the] Except as otherwise provided in subsection 2, 1
paid an entrance fee , if an entrance fee is provided for in the 2
bylaws; 3
(c) [Subscribed] Except as otherwise provided in subsection 2, 4
subscribed for one or more shares and have paid the initial 5
installment thereon; and 6
(d) Complied with other requirements specified in the articles of 7
incorporation or bylaws. 8
2. A credit union may, in connection with a promotion that is 9
equally available to any prospective member, pay either or both of 10
the following for any prospective member who otherwise qualifies 11
for membership: 12
(a) Any entrance fee required by paragraph (b) of subsection 13
1; or 14
(b) The cost of the shares or the initial installment required by 15
paragraph (c) of subsection 1. 16
3. The common bond required for membership in credit unions 17
organized under the provisions of this chapter may include, but are 18
not limited to persons who: 19
(a) Have a similar occupation, association or interest; 20
(b) Reside within [an identifiable] a well-defined neighborhood, 21
community or rural district; or 22
(c) Are employed by the same employer, 23
and members of the immediate families of such persons. 24
[3.] 4. Any member of a credit union who loses the bond that is 25
characteristic of all other members may be permitted to retain his or 26
her membership in the credit union at the discretion of the board of 27
directors. 28
Sec. 9. NRS 672.530 is hereby amended to read as follows: 29
672.530 1. Shares may be subscribed to, paid for and 30
transferred in such manner as the bylaws may prescribe. The bylaws 31
may specify a dollar amount for the par value of a share or 32
require the par value of a share to be determined from time to time 33
by resolution of the board of directors. A certificate shall not be 34
issued to denote ownership of a share in a credit union. 35
2. The credit union may impress a lien on the shares, deposits, 36
accumulated dividends or interest of a member in his or her 37
individual, joint or trust account for any sum due the credit union 38
from such member or for any loan endorsed by him or her. 39
3. If the losses of any credit union, resulting from a 40
depreciation in value of its loans or investments or otherwise, 41
exceed its undivided earnings and reserve fund so that the estimated 42
value of its assets is less than the total amount due the shareholders, 43
the credit union may, by a majority vote of the entire membership, 44
order a reduction in the shares of each of its shareholders to divide 45
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the loss proportionately among the members. If thereafter the credit 1
union realizes from such assets a greater amount than was fixed by 2
the order of reduction, such excess shall be divided among the 3
shareholders whose assets were reduced, but only to the extent of 4
such reduction. 5
Sec. 10. NRS 672.550 is hereby amended to read as follows: 6
672.550 1. The annual meeting and any special meetings of 7
the members of the credit union shall be held at the time and place 8
and in the manner indicated in the bylaws. 9
2. The credit union shall provide members with a reasonable 10
opportunity to participate in a meeting and to vote. Except as 11
otherwise provided in the articles of incorporation or the bylaws, 12
members may participate in a meeting through electronic 13
communications, videoconferencing, teleconferencing or other 14
available technology which allows the members to communicate 15
simultaneously or sequentially. Participating in a meeting 16
pursuant to this subsection constitutes presence in person at the 17
meeting. 18
3. A member may not vote by proxy, but a society, association, 19
copartnership or corporation having membership in the credit union 20
may be represented and vote by one of its members or shareholders 21
if such person has been fully authorized by the governing body of 22
the society, association, copartnership or corporation to represent it. 23
[3.] 4. At all meetings a member has but one vote irrespective 24
of his or her share holdings. 25
Sec. 11. NRS 672.670 is hereby amended to read as follows: 26
672.670 1. [Before the payment of any dividend, the gross 27
earnings of the] Except as otherwise provided in subsection 3, each 28
credit union [must be determined. From the gross earnings] shall 29
establish and maintain a regular reserve [against losses must be set 30
aside according to] account in accordance with the [following 31
schedule: 32
(a) Until the regular reserve equals 7.5 percent of the 33
outstanding loans and risk assets, all] requirements of 12 C.F.R. 34
Part 702 which are applicable to federally insured state-chartered 35
credit unions . [with assets of $500,000 or less] A credit union that 36
is insured by a private insurer shall [withhold 10 percent of] give 37
notice to or seek approval from the [gross earnings. Thereafter, 5 38
percent of the gross income must be withheld until the regular 39
reserve reaches 10 percent of the outstanding loans and risk assets. 40
(b) Whenever a credit union has assets of more than $500,000 41
and has been] Commissioner under any circumstances in 42
[operation for at least 4 years, it shall maintain its regular reserve as 43
follows: 44
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(1) Until the regular reserve equals 4 percent of the 1
outstanding loans and risk assets, the credit union shall withhold 10 2
percent of its gross earnings. 3
(2) Thereafter, until the regular reserve equals 6 percent of its 4
outstanding loan and risk assets, the credit union shall withhold 5 5
percent of its gross earnings. 6
(c) Whenever the regular reserve falls below the required levels, 7
it must be replenished by regular contributions sufficient to maintain 8
the regular reserve at the levels required by paragraphs (a) and (b).] 9
which a federally insured credit union is required to give such 10
notice or seek such approval from the National Credit Union 11
Administration. 12
2. [The] In addition to the regular reserve [belongs to the] 13
account required by subsection 1, each credit union [and must not 14
be distributed except on liquidation of the credit union or] shall 15
establish special reserves in accordance with [a plan approved by] 16
the [Commissioner.] requirements of NRS 672.680. 17
3. Except as otherwise prohibited by the Commissioner, if the 18
board of directors of a credit union determines it is necessary or 19
desirable, the board may establish a reserve account which 20
exceeds the minimum required pursuant to subsection 1. 21
Sec. 12. NRS 672.710 is hereby amended to read as follows: 22
672.710 1. [A] Except as otherwise provided in subsection 23
5, a credit union may make loans to members in accordance with the 24
provisions of the bylaws and policies established by the board of 25
directors upon receipt of approval by the credit committee or loan 26
officer at a rate of interest agreed upon by the credit union and 27
member. 28
2. Every [application for a] loan must be [made in writing 29
upon] evidenced by a [form furnished by the credit union] record 30
which [has been approved by] is adequate to support enforcement 31
or collection of the [board. The application] loan and any review of 32
the loan by the credit union or the Commissioner. Any such loan 33
must [include] comply with the [purpose for which the loan is 34
desired] requirements of this chapter and [the security, if] any [, 35
offered.] regulations adopted pursuant thereto. 36
3. A loan must not be made to any member in an aggregate 37
amount in excess of 10 percent of the credit union’s unimpaired 38
capital and surplus. 39
4. A credit union may participate with other credit unions, 40
corporations or financial institutions in making loans to credit union 41
members. 42
5. A credit union may permit a nonmember to participate in 43
an obligation or extension of credit to a member as a joint 44
applicant, joint obligor, co-borrower, surety or guarantor. Except 45
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as otherwise provided by law, a credit union shall not extend any 1
other benefit or service of the credit union to a nonmember solely 2
as a result of participation as a joint applicant, joint obligor, co-3
borrower, surety or guarantor unless the nonmember is thereafter 4
admitted as a member of the credit union. 5
6. A member may receive a loan in installments or in one sum 6
and may pay the whole or any part of his or her loan on any day on 7
which the office of the credit union is open for business. 8
Sec. 13. NRS 672.760 is hereby amended to read as follows: 9
672.760 1. Money not used in loans to members may be 10
invested in: 11
[1.] (a) Securities, obligations, participations or other 12
instruments of or issued by or fully guaranteed as to principal and 13
interest by the United States of America or any agency thereof or in 14
any trust or trusts established for investing directly or collectively in 15
these instruments; 16
[2.] (b) Obligations of this state or any political subdivision 17
thereof, including, without limitation, a city, county or school 18
district; 19
[3.] (c) Certificates of deposit or passbook type accounts issued 20
by a state or national bank, mutual savings bank, savings and loan 21
association or savings bank; 22
[4.] (d) Loans to or shares or deposits of other credit unions as 23
permitted by the bylaws; 24
[5.] (e) Capital shares, obligations or preferred stock issues of 25
any agency or association organized either as a stock company, 26
mutual association or membership corporation if the membership or 27
stockholdings, as the case may be, of the agency or association are 28
confined or restricted to credit unions or organizations of credit 29
unions, and the purposes for which the agency or association is 30
organized are designed to service or otherwise assist credit union 31
operations; 32
[6.] (f) Shares of a cooperative society organized under the laws 33
of this state or the United States in a total amount not exceeding 10 34
percent of the shares, deposits and surplus of the credit union; 35
[7.] (g) Stocks and bonds of United States corporations to a 36
maximum of 5 percent of unallocated reserves, except that such an 37
investment must be limited to stocks or bonds yielding income 38
which are approved by the Commissioner; 39
[8.] (h) Loans to any credit union association, national or state, 40
of which the credit union is a member, except that such an 41
investment must be limited to 1 percent of the shares, capital 42
deposits and unimpaired surplus of the credit union; [and 43
9.] (i) Negotiable obligations of federal or state banks [.] ; and 44
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(j) Municipal bonds which are issued by a public entity outside 1
of this State, if the credit union conducts and documents an 2
analysis which reasonably concludes that the security is at least 3
investment grade and ensures that: 4
(1) The aggregate municipal securities holdings of the 5
credit union are not more than 75 percent of the net worth of the 6
credit union; and 7
(2) The municipal securities holdings issued by any single 8
issuer to the credit union are not more than 25 percent of the net 9
worth of the credit union. 10
2. The Commissioner may: 11
(a) Adopt regulations which authorize a credit union to make 12
an investment not described in this section; and 13
(b) Upon request of a credit union, authorize a credit union in 14
writing to make an investment not described in this section or any 15
regulations adopted pursuant thereto. 16
3. As used in this section, “investment grade” means a 17
security which has achieved a minimum credit rating which is 18
approved by the Commissioner from Moody’s Ratings, S&P 19
Global Ratings or Fitch Ratings to be considered investment 20
grade. 21
Sec. 14. NRS 672.765 is hereby amended to read as follows: 22
672.765 1. A credit union [must not invest in fixed assets 23
without the prior approval of] may, subject to any regulations 24
adopted by the Commissioner [if the aggregate value] and any 25
limitations imposed by 12 C.F.R. §§ 701.36(c) and 701.36(d), 26
purchase, hold and dispose of property necessary or incidental to 27
the operations of the credit [union’s existing fixed assets exceeds 7 28
percent of its total assets.] union. 29
2. A credit union shall notify, request approval from or seek a 30
waiver from the Commissioner under any circumstances in which 31
a federal credit union is required to notify, request approval from 32
or seek a waiver from the National Credit Union Administration 33
pursuant to 12 C.F.R. §§ 701.36(c) and 701.36(d). 34
Sec. 15. NRS 233B.039 is hereby amended to read as follows: 35
233B.039 1. The following agencies are entirely exempted 36
from the requirements of this chapter: 37
(a) The Governor. 38
(b) Except as otherwise provided in subsection 7 and NRS 39
209.221 and 209.2473, the Department of Corrections. 40
(c) The Nevada System of Higher Education. 41
(d) The Office of the Military. 42
(e) The Nevada Gaming Control Board. 43
(f) Except as otherwise provided in NRS 368A.140 and 463.765, 44
the Nevada Gaming Commission. 45
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(g) Except as otherwise provided in NRS 425.620, the Division 1
of Welfare and Supportive Services of the Department of Health and 2
Human Services. 3
(h) Except as otherwise provided in NRS 422.390, the Division 4
of Health Care Financing and Policy of the Department of Health 5
and Human Services. 6
(i) Except as otherwise provided in NRS 533.365, the Office of 7
the State Engineer. 8
(j) The Division of Industrial Relations of the Department of 9
Business and Industry acting to enforce the provisions of 10
NRS 618.375. 11
(k) The Administrator of the Division of Industrial Relations of 12
the Department of Business and Industry in establishing and 13
adjusting the schedule of fees and charges for accident benefits 14
pursuant to subsection 2 of NRS 616C.260. 15
(l) The Board to Review Claims in adopting resolutions to carry 16
out its duties pursuant to NRS 445C.310. 17
(m) The Silver State Health Insurance Exchange. 18
2. Except as otherwise provided in subsection 5 and NRS 19
391.323, the Department of Education, the Board of the Public 20
Employees’ Benefits Program and the Commission on Professional 21
Standards in Education are subject to the provisions of this chapter 22
for the purpose of adopting regulations but not with respect to any 23
contested case. 24
3. The special provisions of: 25
(a) Chapter 612 of NRS for the adoption of an emergency 26
regulation or the distribution of regulations by and the judicial 27
review of decisions of the Employment Security Division of the 28
Department of Employment, Training and Rehabilitation; 29
(b) Chapters 616A to 617, inclusive, of NRS for the 30
determination of contested claims; 31
(c) Chapter 91 of NRS for the judicial review of decisions of the 32
Administrator of the Securities Division of the Office of the 33
Secretary of State; and 34
(d) NRS 90.800 for the use of summary orders in contested 35
cases, 36
prevail over the general provisions of this chapter. 37
4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 38
233B.126 do not apply to the Department of Health and Human 39
Services in the adjudication of contested cases involving the 40
issuance of letters of approval for health facilities and agencies. 41
5. The provisions of this chapter do not apply to: 42
(a) Any order for immediate action, including, but not limited 43
to, quarantine and the treatment or cleansing of infected or infested 44
animals, objects or premises, made under the authority of the State 45
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Board of Agriculture, the State Board of Health, or any other agency 1
of this State in the discharge of a responsibility for the preservation 2
of human or animal health or for insect or pest control; 3
(b) An extraordinary regulation of the State Board of Pharmacy 4
adopted pursuant to NRS 453.2184; 5
(c) A regulation adopted by the State Board of Education 6
pursuant to NRS 388.255 or 394.1694; 7
(d) The judicial review of decisions of the Public Utilities 8
Commission of Nevada; 9
(e) The adoption, amendment or repeal of policies by the 10
Rehabilitation Division of the Department of Employment, Training 11
and Rehabilitation pursuant to NRS 426.561 or 615.178; 12
(f) The adoption or amendment of a rule or regulation to be 13
included in the State Plan for Services for Victims of Crime by the 14
Department of Health and Human Services pursuant to 15
NRS 217.130; 16
(g) The adoption, amendment or repeal of rules governing the 17
conduct of contests and exhibitions of unarmed combat by the 18
Nevada Athletic Commission pursuant to NRS 467.075; 19
(h) The adoption, amendment or repeal of standards of content 20
and performance for courses of study in public schools by the 21
Council to Establish Academic Standards for Public Schools and the 22
State Board of Education pursuant to NRS 389.520; 23
(i) The adoption, amendment or repeal of the statewide plan to 24
allocate money from the Fund for a Resilient Nevada created by 25
NRS 433.732 established by the Department of Health and Human 26
Services pursuant to paragraph (b) of subsection 1 of NRS 433.734; 27
[or] 28
(j) The adoption or amendment of a data request by the 29
Commissioner of Insurance pursuant to NRS 687B.404 [.] ; or 30
(k) An order issued by the Commissioner of Financial 31
Institutions pursuant to subsection 3 of NRS 672.250. 32
6. The State Board of Parole Commissioners is subject to the 33
provisions of this chapter for the purpose of adopting regulations but 34
not with respect to any contested case. 35
7. The Department of Corrections is subject to the provisions 36
of this chapter for the purpose of adopting regulations relating to 37
fiscal policy, correspondence with inmates and visitation with 38
inmates of the Department of Corrections. 39
Sec. 16. 1. This section becomes effective upon passage and 40
approval. 41
2. Sections 1 to 15, inclusive, of this act become effective: 42
(a) Upon passage and approval for the purpose of adopting any 43
regulations and performing any other preparatory administrative 44
tasks that are necessary to carry out the provisions of this act; and 45
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(b) On October 1, 2025, for all other purposes. 1
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