2021 Approved HR-Related Legislation - POOL/PACT Human Resources - T Human Resources - Pool Pact
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T Human Resources
2021 Approved
HR-Related
Legislation
POOL/PACT Human Resources
1Enclosed are summaries of the approved HR-related legislation POOL/PACT HR tracked during the 2021 legislative session. The summaries outline sections of the bills which may have an impact on your HR program. Other sections within the bill that do not affect HR are not noted. The bills are divided into three sections: assembly bills, senate bills, and school-related bills. In addition to reviewing the school-related bills, school districts should also review the non- education senate and assembly bills as there are provisions that may impact them as well as other local government organizations. We strongly encourage you to seek the advice of legal counsel if you have specific questions on how a new law may impact your organization. General questions on the approved legislation may be directed to your POOL/PACT HR Business Partner. We anticipate the sample policies will be updated and distributed no later than July 1, 2021, to reflect applicable changes in the law. Thank you for your continued support and please feel free to contact us with any questions you may have.
TABLE OF CONTENTS ASSEMBLY BILLS ...............................................................................................1 AB 37: R ELATED TO C HILD S UPPORT W AGE G ARNISHMENTS .................................................................................1 AB 47: R ELATED TO N ONCO MPETITION C OVENANTS ...............................................................................................1 AB 48: R ELATED TO PEBP B ENEFITS F OR R ETIRED E MPLO YEES .............................................................................2 AB 60: R ELATING T O W ITNES SES IN C ERTAIN J UDICIAL AND A DMINISTRATIVE P ROCEEDIN GS ..............................2 AB 96: R ELATING T O M EN TAL H EALTH S UPPORT FOR E MERGENCY R ESPONSE E MPLOYEES ..................................2 AB 217: R ELATI NG TO H EALT HCARE A ND U NLICENSED C AR EGIVERS ......................................................................3 AB 220: R ELATI NG TO L AW E NFORCEMENT AND M OBILE D EVICES ........................................................................3 AB 222: R ELATI NG TO NERC P ERIOD OF L IMITATI ONS ...........................................................................................3 AB 253: R ELATI NG TO O PEN M EETING L AW ...........................................................................................................4 AB 280: R ELATI NG TO P UBLI C R ESTROOMS .............................................................................................................4 AB 304: R ELATI NG TO L AW E NFORCEMENT C ONTINUING E DUCATION ...................................................................4 AB 315: R ELATI NG TO M ENT AL H EALT H R ESOURCES FOR L AW E NFORCEMENT AND F IREFIGHTERS ......................5 AB 327: R ELATI NG TO C ULTU RAL C OMPETENCY T RAINING FOR M ENTAL H EALTH P ROFESS IONALS ......................5 AB 336: R ELATI NG TO W E LLNESS V ISITS FOR P EACE O FFICERS ..............................................................................5 AB 385: R ELATI NG TO C OMP ENSATION ...................................................................................................................5 AB 409: R ELATI NG TO R ECRUITMENT AND S E LECTION OF P EACE O FFICERS ...........................................................6 SENATE BILLS ....................................................................................................7 SB 19: R ELATED T O B ACKGROUND C HECKS FOR I NDIVIDUALS W HO A CCESS C HILDREN , E LDERLY , OR D ISABLED .7 SB 21: R ELATED T O B ACKGROUND C HECKS OF A PPLICANTS AND E MPLOYEES OF C ERTAIN C HI LD W ELFARE AND R ESIDENTIAL M ENTAL H EALT H A GENCIES .................................................................................................................7 SB 31: R ELATED T O B ACKGROUND C HECKS R ECORDS P ROVIDED ............................................................................8 SB 75: R ELATED T O U NEMPLOYMENT C OMPENSATION B EN EFITS AND R EIMBURSEMENTS ....................................8 SB 107: R ELATED TO W RO N GFUL T ERMINATION C LAIMS .......................................................................................9 SB 108: R ELATED TO I MPLICIT B IAS AND C ULTURAL C OMP ETENCY T RAINING FOR C ERTAIN E MPLOYEES W HO W ORK WITH J UVENILES .............................................................................................................................................9 SB 109: R ELATED TO C O LLECTION OF S EXUAL O RIENTATIO N AND G ENDER I DENTI TY OR E XPRESSION I NFORMATION ..........................................................................................................................................................10 SB 212: R ELATED TO THE U S E OF F ORCE BY P EACE O FFICERS ..............................................................................10 SB 236: R ELATED TO L AW E N FORCEMENT E ARLY W ARNING S YSTEM FOR B IAS I NDICATOR S ..............................11 SB 293: R ELATED TO S ALARY H IST ORY ..................................................................................................................12 SB 294: R ELATED TO L ABOR D ISPUTES WITH E MPLOYEE O RGANIZATIONS ...........................................................12
SB 327: R ELATED TO R ACE D ISCRIMINATION AND P ROMOT IONAL T ESTING ........................................................13 SB 341: R ELATED TO D IVERSITY AND R ACIAL E QUITY T RAIN ING ..........................................................................13 EDUCATION – ASSEMBLY BILLS .................................................................... 14 AB 57: P ERTAINS T O THE E VALUATIONS OF T EACHERS AND A DMINISTRATORS ....................................................14 AB 88: P ERTAINS T O THE A D OPTION OF A P OLICY P R OHIBI TING THE U SE OF A NY I DENTI FIERS THAT ARE R ACIALLY D ISCRIMINATORY .....................................................................................................................................14 AB 205: P ERTAINS TO THE A CQUISITION , M AINTENANCE AND A DMINISTRATION OF O PI OID A NTAGONISTS IN S CHOO LS ..................................................................................................................................................................14 AB 266: P ERTAINS TO P UPIL /L ICENSED T EACHER R ATIO ; J OB V ACANCIES ; R EPORTING OF P OSITI ONS ; AND E VALUATION ............................................................................................................................................................15 AB 371: P ERTAINS TO THE I N CLUSION OF “D ISCRIMINATION B ASED ON R ACE ” INT O E XIS TING L AW R ELATING TO B ULLYING AND C YBER B ULLYING ....................................................................................................................... 16 EDUCATION – SENATE BILLS ......................................................................... 17 SB 36: R ELATED T O P OSTING OF E MERGENCY O PERATIONS P LANS ......................................................................17 SB 75: R ELATED T O U NEMPLOYMENT C OMPENSATION B EN EFITS AND R EIMBURSEMENTS ..................................17 SB 173: E STABLISHES R EQUIREMENTS F OR S CHOO L D ISTRI CTS I MPLEMENTING A S UMMER S CHOO L P ROGRAM TO A DDRESS L OSS OF L EARNI NG AS A R ESULT OF COVID-19 P AN DEMIC ............................................................. 18 SB 249: R EQUIRES M ENTAL H EALTH R ESOURCES I NFORMATION A PPEAR ON I.D. C ARDS I SSUED TO P UPILS ....18 SB 327: P ERTAINS TO R ACE D ISCRIMINATION , S CHOO L D RESS C ODES AND U N IFORM P OLICIES , AND P ROMOTIONAL T ESTING ..........................................................................................................................................18
ASSEMBLY BILLS
AB 37: R ELATED TO C HILD S UPPORT W AGE G ARNISHMENTS
• Revises NRS Chapter 31A regarding child support payments.
• Defines “employer” to mean a person or entity that employs an obligor as an
employee or independent contractor; and defines “Income Payer” to mean any
employer, person or other entity required to withhold and deliver income.
• Requires an income payer who has received a notice to withhold income to inform the
enforcing authority at least 10 days in advance of issuing to the employee any lump
sum payments equal to or exceeding $150. The bill defines lump sum payments to
include:
o A commission;
o A discretionary or nondiscretionary bonus;
o A productivity or performance bonus;
o Profit sharing;
o A referral or sign-on bonus;
o An incentive payment for moving or relocation;
o An attendance award;
o A safety award;
o A cash payment award;
o Termination pay;
o Severance pay; and
o Any other one-time, unscheduled or irregular payment of compensation.
• Requires income payers to use a form provided by the Division of Welfare and Social
Services to provide the above notice.
• Prescribes that within 10 days of the notice, the enforcing authority will provide to the
employer instructions on how much to withhold from the employee’s lump sum
payment.
• Requires that the income payer not release the lump sum payment before the earlier
of 1) the date the payer originally intended to release the payment; or 2) the 11th day
after submitting the required notice to the enforcing authority.
Effective: October 1, 2021
AB 47: R ELATED TO N ONCOMPETITION C OVENANTS
• Amends NRS Chapter 613 to prohibit an employer from bringing an action to restrict a
former employee from providing service to a former customer or client if the former
employee did not solicit the former customer or client, the client voluntarily chose to
leave and seek services from the former employee, and the former employee is
otherwise complying with the limitations in the noncompetition covenant.
• Prohibits a noncompetition covenant from applying to an employee paid on an hourly
basis.
1• Permits an employee to bring an action to challenge a noncompetition agreement and
potentially have the covenant revised by the court if it is found to be unreasonable,
too restrictive, or imposes undue hardship on the employee.
• Provides for potential damages to be rewarded to the employee in the form of
attorney’s fees and costs if an action brought by either party and finds an employer in
violation of these provisions.
Effective: October 1, 2021
AB 48: R ELATED TO PEBP B ENEFITS F OR R ETIRED E MPLOYEES
• Amends NRS 287.0475 to allow a retired public officer or employee who retired from a
non-participating local government agency, or the surviving spouse thereof, to
reinstate insurance (excluding life insurance) under the Public Employees’ Benefits
Program (PEBP) under the following circumstances:
o The retired public officer or employee did not have more than one period
during which s/he was not covered by insurance under PEBP on or after
October 1, 2011; and
o S/He retired from a nonparticipating local government agency; and
o S/He was enrolled in PEBP as a retiree on November 30, 2008; and
o S/He was enrolled in Medicare Parts A and B at the time of request for
reinstatement.
Effective: July 1, 2021
AB 60: R ELATING TO W ITNESSES IN C ERTAIN J UDICIAL AND A DMINISTRATIVE P ROCEEDINGS
• Amends Chapter 50 of NRS to make a provision of a contract or settlement agreement
void and unenforceable if it prevents a party to the contract from making required or
requested testimony concerning another party to the contract and his/her commission
of a criminal offense, sexual harassment, discrimination, or retaliation for reporting
discrimination.
Effective: May 21, 2021
AB 96: R ELATING T O M ENTAL H EALTH S UPPORT FOR E MERGENCY R ESPONSE E MPLOYEES
• Amends NRS Chapter 450B to permit government entities responsible for licensing and
regulating emergency response employees to contract with a nonprofit organization to
establish peer support counseling and related mental health resources.
• Expands the definition of “Emergency Response Employee” defined in NRS 450B.0703
to include emergency medical dispatchers and law enforcement dispatchers.
Effective: May 25, 2021
2AB 217: R ELATING TO H EALTHCARE A ND U NLICENSED C AREGIVERS
• Requires the State Board of Health to adopt regulations prescribing mandatory
training for unlicensed caregivers at designated medical facilities, facilities for the
dependent, and facilities licensed pursuant to NRS 449.0303.
• Requires the administrator or other person in charge of a covered facility to be
responsible for:
o Ensuring that the mandated training is completed and documented in the
personnel files of each unlicensed caregiver at the facility;
o Ensuring the best practices taught in the training are implemented where
appropriate;
o Developing and annually updating a written plan for the control of infectious
diseases at the facility; and
o Providing a written copy of the above plan to each employee or independent
contractor of the facility, or any other person who regularly provides services
at the facility, and each resident of the facility.
Effective: May 25, 2021, for the purpose of adopting any regulations and performing any other
preparatory administrative tasks that are necessary to carry out the provisions of this act; and on
January 1, 2022, for all other purposes.
AB 220: R ELATING TO L AW E NFORCEMENT AND M OBILE D EVICES
• Amends NRS Chapter 289 to require each law enforcement agency to adopt a written policy
establishing standards of conduct for the use of any mobile device issued to a peace officer for
official use. This written policy must also:
o Establish which mobile applications are approved for use on a mobile device.
o Prohibit the use of un-approved mobile applications.
• Specifies that approved mobile applications must not use end-to-end encryption or anything
meant to prevent the lawful discovery of records or data relating to the communications of a
peace officer.
Effective: October 1, 2021
AB 222: R ELATING TO NERC P ERIOD OF L IMITATIONS
• Amends NRS 613.430 regarding periods of limitations for civil suits authorized by the Nevada
Equal Rights Commission (NERC) to include actions authorized by Title VII of the Civil Rights Act
of 1964.
• Adds within the coverage of period of limitations the receipt of a right-to-sue notice issued by
the United States Equal Employment Opportunity Commission.
Effective: June 2, 2021
3AB 253: R ELATING TO O PEN M EETING L AW
• Amends NRS Chapter 241 to authorize a public body, whose members are not required to be
elected officials, to conduct a meeting using remote technology and with no physical meeting
location in certain circumstances. The public body must:
o Have a website;
o Post to its website the required public notices and supporting material; and
o Include in the notice of the public meeting information about how the public attending
remotely may hear, observe, participate in, and provide public comment at the meeting
using either remote technology or telephone.
• Modifies posting requirements to allow the option for a public body to post information about
how supporting material can be accessed online, rather than being limited to only listing
locations where it may be available.
• Modifies posting requirements to require the meeting notice to be posted only to the principal
office of the public body, removing the requirement to post at a minimum of three other places.
Adds requirement that remote-only meetings must post the notice on the public body’s website
three days before the meeting.
• Contains exceptions to forgive any failure to meet Internet posting requirements that are
caused by technical problems with the public body’s website.
• If all members of a public body are required to be elected officials, the meeting must have a designated
physical location in addition to any remote attendance and participation options that the public body may
choose to make available.
• Effective: May 31, 2021
AB 280: R ELATING TO P UBLIC R ESTROOMS
• Amends NRS Chapter 651 to require places of public accommodation, public buildings and
facilities owned or leased by or on behalf of a public body that provide a single-stall restroom to
the public to:
o Make the single-stall restroom as inclusive and accessible as possible to a person of any
gender identity or expression;
o Allow a parent or guardian of a child to enter the single-stall restroom with the child;
o Allow a person with a disability to enter the single-stall restroom with his/her caregiver,
if applicable; and
o Not label the single-stall restroom with gendered signage but may label as available for
use by any person.
Effective: October 1, 2021
AB 304: R ELATING TO L AW E NFORCEMENT C ONTINUING E DUCATION
• Amends NRS Chapter 289 to add crisis intervention as one of the topics that must be covered
within the required continuing education hours for peace officers.
Effective: January 1, 2022
4AB 315: R ELATING TO M ENTAL H EALTH R ESOURCES FOR L AW E NFORCEMENT AND F IREFIGHTERS
• Amends NRS 281 to require employers of police officers, firefighters, or correctional officers to
provide to these employees certain information and counseling relating to mental health issues.
The employer is required to:
o Provide information during the course of employment related to the awareness,
prevention, and treatment of mental health issues.
o Make available two hours of counseling with a mental health professional for recently
retired (within three months) police officers, firefighters, or correctional officers.
Effective: July 1, 2021
AB 327: R ELATING TO C ULTURAL C OMPETENCY T RAINING FOR M ENTAL H EALTH P ROFESSIONALS
• Expands existing continuing education requirements for certain licensed or certified mental
health professionals to include a certain number of hours of instruction concerning cultural
competency and diversity, equity, and inclusion.
o Requires psychiatrists, physician assistants practicing under the supervision of a
psychiatrist, nurses, psychologists, marriage and family therapists, clinical professional
counselors, social workers, and behavior analysts to complete biennially a minimum of
two hours of instruction relating to cultural competency and diversity, equity, and
inclusion; establishes specific topics that must be addressed within these courses.
o Requires alcohol, drug, and gambling counselors to complete annually a minimum of
one hour of instruction relating to cultural competency and diversity, equity, and
inclusion; establishes specific topics that must be addressed within these courses.
Effective: January 1, 2022
AB 336: R ELATING TO W ELLNESS V ISITS FOR P EACE O FFICERS
• Amends NRS 289 to require the Peace Officers’ Standards and Training (POST) Commission to
adopt regulations establishing standards for an annual behavioral wellness visit for peace
officers to aid in preserving the emotional and mental health of the peace officer and assessing
conditions that may affect the performance of duties.
Effective: January 1, 2023
AB 385: R ELATING TO C OMPENSATION
• Amends NRS Chapter 281 to prohibit a public body from entering into an employment contract
that entitles an officer or employee of the public body to receive:
o Any fringe benefit, unless the public body has adopted a policy authorizing all persons
employed in a similar position to receive the benefit;
o Any bonus, unless the bonus is based on merit and awarded at a public meeting; and
o Certain wages or other payments upon the termination for cause or resignation of the
officer or employee when an investigation relating to his/her employment is pending.
5• Establishes that terminated employees are entitled to certain leave and comp time pay-outs as
authorized by law or employer policy, as well as any benefits from PERS or other retirement or
pension programs to which the employee belonged.
• Exempts from these requirements employment contracts that are negotiated pursuant to a
collective bargaining agreement.
Effective: December 1, 2022
AB 409: R ELATING TO R ECRUITMENT AND S ELECTION OF P EACE O FFICERS
• Amends NRS Chapter 289 to require the Peace Officers’ Standards and Training (POST)
Commission to adopt regulations requiring evaluations to be conducted during the recruitment
and selection of peace officers, which must identify implicit bias on the part of a peace officer
on the base of race, color, religion, national origin, physical or mental disability, sexual
orientation or gender identity or expression.
Effective: October 1, 2021
6SENATE BILLS
SB 19: R ELATED TO B ACKGROUND C HECKS FOR I NDIVIDUALS W HO A CCESS C HILDREN , E LDERLY ,
OR D ISABLED
• Requires organizations which provide care or care placement services to children,
elderly persons, or persons with disabilities (i.e., “qualified entity”) to conduct
background checks to determine fitness of employees, volunteers, and persons
applying to be an employee or volunteer who have supervised or unsupervised access
to children, elderly persons, or persons with disabilities, as follows:
o Before submitting a request for screening, establish an account with the
Central Repository for Nevada Records of Criminal History which includes
agreeing with compliance with all applicable state and federal laws.
o Provide written notification to the person being screened regarding his/her
rights to obtain copy of the screening report, to appeal the results, and to
obtain a determination as to the validity of the appeal before the qualified
entity makes a final determination as to the fitness of the person.
o Obtain a signed waiver from the person releasing his/her criminal history
records to the qualified entity.
o Submit fingerprints of the person and payment to the Central Repository for its
and the FBI’s criminal history reports.
• Provides that a qualified entity is not liable for damages solely arising out of the
accuracy of any information included in or omitted from the records of criminal
history.
• Provides that the State, political subdivision, or any agency, officer or employee is not
liable for damages for providing any requested information.
Effective: May 17, 2021
SB 21: R ELATED TO B ACKGROUND C HECKS OF A PPLICANTS AND E MPLOYEES OF C ERTAIN C HILD
W ELFARE AND R ESIDENTIAL M ENTAL H EALTH A GENCIES
The following summary includes amendments to SB 21 passed in SB 108:
• Revises the list of crimes which authorizes or requires an agency which provides child
welfare services or residential mental health treatment to children who have been
committed by juvenile court, to deny an application for employment or terminate
employment for criminal convictions.
• Adds these agencies may terminate employment or deny an application for
employment for pending criminal charges of an employee from the time of arrest to 1)
a determination of guilt or innocence, 2) a plea is entered, or 3) charges are dropped.
7• Requires the agency which receives a background check showing the employee or
applicant has criminal charges pending to allow the employee/applicant to correct the
information.
• Authorizes agencies to waive the prohibition on hiring an applicant or terminating an
employee who has been convicted of a specified crime if the agency adopts and
applies an “objective weighing test” which considered the individual’s age, maturity
and capacity of the applicant at the time of conviction; the length of time since the
applicant committed the crime; participation by the applicant in rehabilitative
services; and the relevance of the crime to the position for which the applicant has
applied.
o Prohibits this waiving:
For sexually-related crimes against a child under the age of 18 or
When the information was obtained in a second or subsequent
background check.
o Requires agencies to track certain factors used in the objective weighing test
and review the data at least every two years to determine its efficacy and
whether there is presence of implicit bias.
• Reduces requirement of providing two sets of fingerprints as part of background
investigation to one set of fingerprints.
Effective: January 1, 2022
SB 31: R ELATED TO B ACKGROUND C HECKS R ECORDS P ROVIDED
• Amends NRS 179A.103
• Limits the records provided by the Central Repository when conducting a name-based
search of records of criminal history of an employee, prospective employee, volunteer
or prospective volunteer to provide records which reflect convictions only (rather than
“records of criminal history” which may have included information contained in
records collected and maintained by agencies of criminal justice, such as warrants,
arrests, citations, detentions, decisions not to prosecute, indictments, charges and
dispositions of charges).
Effective: May 27, 2021
SB 75: R ELATED TO U NEMPLOYMENT C OMPENSATION B ENEFITS AND R EIMBURSEMENTS
Note: This bill is also summarized under Education - Senate Bills
• Reduces the percentage of remuneration payable to an eligible person to 66 2/3
percent from 75 percent (NRS 612.350).
• Excludes benefits paid to a person during the second or third calendar quarter of
calendar year 2020 from being charged against the experience rating record of any of
the person’s base period.
8• Further requires the Administrator of DETR to reduce the amount of payment due by
an employer who has elected to make reimbursements in lieu of contributions per
NRS 612.553, for any week in which federal funds were available to:
1. Use all such federal funds which are available; and
2. Result in the employer owing no amount of reimbursement for that week.
• Removes the three-year limitation for applying for refunds where a payment of
contributions, forfeit, or interest was erroneously collected; does not remove three-
year limitation for applying for adjustments.
Effective: May 24, 2021, for change in remuneration payable; July 1, 2021, for remainder.
SB 107: R ELATED TO W RONGFUL T ERMINATION C LAIMS
• Establishes a two-year statute of limitations for commencing an action in tort for
common-law wrongful termination of employment.
• Further provides that the statute of limitations is tolled from the date that an
administrative complaint is filed with a federal or state agency until 93 days after the
conclusion of the administrative proceedings concerning the complaint.
Effective: May 27, 2021
SB 108: R ELATED TO I MPLICIT B IAS AND C ULTURAL C OMPETENCY T RAINING FOR C ERTAIN
E MPLOYEES W HO W ORK WITH J UVENILES
This bill also amends sections of SB 21; see SB 21 for summary.
• Requires employees who have regular and routine contact with juveniles who are
involved in the juvenile justice system in this State including prosecuting attorney,
public defender, peace officer, probation officer, juvenile correctional officer,
employee of a state or local facility for the detention of children, employee of a
regional facility for the treatment and rehabilitation of children or employee of a
prosecuting attorney’s office or public defender’s office to complete periodic training
relating to implicit bias and cultural competency at least once every 2 years (unless
the Division of Child and Family Services adopt different regulations).
• The training must:
• Include an explanation of what implicit bias is, where implicit bias comes from, the
importance of understanding implicit bias and the negative impacts of implicit bias, and
offer examples of actions that can be taken to reduce implicit bias;
• Provide information regarding cultural competency, including, without limitation,
sensitivity to the needs of children, lesbian, gay, bisexual and transgender persons, racial
and ethnic minorities, religious minorities, and women; and
• Provide information regarding:
1. Socioeconomic conditions in various areas in this State;
2. Historical inequities in the juvenile justice and criminal justice systems; and
93. The impact of trauma and adverse child experiences on the decision making and
behaviors of children.
• Requires the Division of Child and Family Services to adopt regulations concerning such
training.
• Authorizes the Nevada Supreme Court to adopt additional court rules concerning such
training for any magistrate, judge, master, or employee in the juvenile court system who
regularly and routinely comes into contact with such juveniles.
Effective: Nine months after the Division of Child and Family Services of the Department of Health and
Human Services adopts regulations and performs any preparatory administrative tasks that are
necessary to carry out the provisions of this act.
SB 109: R ELATED TO C OLLECTION OF S EXUAL O RIENTATION AND G ENDER I DENTITY OR
E XPRESSION I NFORMATION
• Adds provisions to NRS 239B which requires a governmental agency which requests information
regarding race or ethnicity to also request information related to the person’s sexual orientation
and gender identity or expression; provides, with exceptions, that such information is
confidential.
• Further, provides that no person shall be required to provide sexual orientation or gender
identity or expression information or denied services or assistance for failure to provide such
information.
• Limits the government agency’s use of such information to carrying out the duties of the
governmental agency, demographic analysis, coordination of care and services, improvement of
care and services, conducting research, fulfilling a reporting requirement pursuant to federal or
state law or informing policy or funding decisions.
• Requires a governmental agency to submit an annual report to the Director of the Legislative
Counsel Bureau on or before December 31 of each year; provides a delayed effective date of
January 1, 2024, for governmental agencies that do not have the financial resources to comply
with the requirements.
Effective: October 1, 2021
SB 212: R ELATED TO THE U SE OF F ORCE BY P EACE O FFICERS
Policy and Training Requirements
• Requires each law enforcement agency to adopt a written policy based on best practices and
provide training to a peace officer regarding the potential threat of serious bodily harm or death
to the peace officer or others from a person who:
o Is known or reasonably believed not to be armed with a deadly weapon; and
o Is known or reasonably believed by the peace officer to be:
1. Under 13 years of age or over 70 years of age;
2. Physically frail;
3. Mentally or physically disabled;
4. Pregnant;
105. Suffering from a mental or behavioral health issue; or
6. Experiencing a medical emergency.
• The written policy must include:
o Guidelines for the use of force and use of deadly force;
o A requirement that peace officers utilize de-escalation techniques, crisis intervention and
other alternatives to force when feasible;
o A requirement that peace officers utilize de-escalation techniques for responding to persons
with mental illness or experiencing a behavioral health crisis;
o A requirement that the law enforcement agency, when feasible, send a peace officer who
has been trained in crisis intervention to respond to an incident involving a person who has
made suicidal statements;
o Factors for evaluating and reviewing all incidents which require the use of force; and
o The date on which the written policy was adopted by the law enforcement agency.
Reports
• Requires each law enforcement agency to make a compilation of statistics relating to incidents
involving the use of force including the number of complaints against peace officers, the number
of substantiated complaints, and a compilation of statistics collected by the National Use-of-
Force Data Collection of the Federal Bureau of Investigation. These reports must be made
available to the public annually and submitted to the Central Repository for Nevada Records of
Criminal History each month.
• Requires each law enforcement agency to participate in the National Use-of-Force Data
Collection of the Federal Bureau of Investigation.
• Prohibits information collected from being introduced into evidence or otherwise used in any
way against a peace officer during a criminal proceeding.
Effective: Policy and Training Requirements: October 1, 2021; Reports: June 4, 2021
SB 236: R ELATED TO L AW E NFORCEMENT E ARLY W ARNING S YSTEM FOR B IAS I NDICATORS
• Requires law enforcement agencies to establish an early warning system to identify peace officers
who display bias indicators or other problematic behaviors including:
o Displaying bias indicators by, for example:
Having a large number of citizen complaints;
Being part of a large number of incidents involving the use of force;
Making a large number of arrests for resisting an officer;
Having a large number of the arrests that s/he has made result in no charges being
filed because of issues such as improper searches or detentions; or
Having a negative attitude regarding programs that enhance relations between law
enforcement and the community.
o Displaying other problematic behavior by, for example:
Having a large number of motor vehicle crashes;
Abusing sick leave; or
Showing any other behavioral signs that are indicative of a decline in performance.
11• Requires that if a peace officer is identified by the early warning system as displaying bias indicators
or other problematic behavior, the law enforcement agency that employs the peace officer shall:
o Increase supervision of the peace officer; and
o Provide additional training and, if appropriate, counseling to the peace officer;
• Prescribes that the law enforcement agency shall consider disciplining and/or transferring from any
high-profile assignments a peace officer who is repeatedly identified as displaying bias indicators or
other problematic behavior.
Effective: October 1, 2021
SB 293: R ELATED TO S ALARY H ISTORY
• Amends NRS 613, 245, 268, and 269 to prohibit employers, including counties, cities, and towns
regardless of size, and other political subdivisions with 15 or more employees, from:
o Seeking the wage or salary history of an applicant for employment;
o Relying on the wage or salary history to determine:
whether to offer employment to an applicant; or
the rate of pay for the applicant;
o Refusing to interview, hire, promote, or employ an applicant or discriminate or retaliate
against an applicant if the applicant does not provide wage/salary history.
• Requires employers to provide to an interviewed applicant the wage or salary range or rate for the
position.
• Requires employers to provide the wage or salary range or rate for a promotion or transfer to an
employee who applied, interviewed, or was offered the new position, upon request.
• Does not prohibit employers from asking the applicant about his/her wage expectations.
• Provides a complaint mechanism and administrative penalties for a violation of these provisions.
Effective: October 1, 2021
SB 294: R ELATED TO L ABOR D ISPUTES WITH E MPLOYEE O RGANIZATIONS
• Allows local government employers and employee organizations (which represent employees other
than firefighters and police officers, teachers, and educational support personnel) who fail to
resolve a disputed issue in the negotiating collective bargaining agreement to submit the findings
and recommendations of a fact finder to a second fact finder to serve as an arbitrator who would
issue a decision which is final and binding.
• Provides that any time limit prescribed may be extended by agreement of the parties, with
exceptions.
Effective: July 1, 2021
12SB 327: R ELATED TO R ACE D ISCRIMINATION AND P ROMOTIONAL T ESTING
Note: This bill is also summarized under Education - Senate Bills
Race Discrimination
• Amends NRS 613.310, 233.010, 281.370, and 288.270 to define “race” to include traits associated
with race, including, without limitation, hair texture and protective hairstyles. Defines “protective
hairstyle” to include, without limitation, hairstyles such as natural hairstyles, afros, bantu knots,
curls, braids, locks, and twists.
Promotional Testing
• Amends NRS 245 and 268, to require all County and City departments with at least 200 employees
to have any vertical promotional testing (including a written test or oral board) conducted by a third
party independent from the board of county commissioners, governing body of an incorporated city,
a county/city officer, or any other person acting on behalf of a county, as applicable, unless
otherwise stated in an applicable collective bargaining agreement.
• Further requires the third party to send the test scores via email to the employee and the employer
at the same time, and that the employer cannot produce a ranked list of test scores until after the
third party notified employees of test scores.
• Also provides that employees may appeal the test score and is entitled to see how his/her test was
graded and the questions which the employee answered incorrectly. The employer must ensure the
employee was ranked properly.
• Provides that the requirements governing these tests are not subject to negotiation with an
employee organization for the purposes of a collective bargaining agreement.
Effective: Race Discrimination: June 2, 2021; Promotional Testing: October 1, 2021
SB 341: R ELATED TO D IVERSITY AND R ACIAL E QUITY T RAINING
• Requires, to the extent money is available, public employers provide and public officers and
employees complete diversity and racial equity training which may include, without limitation,
training regarding implicit and unconscious bias and undoing organizational, institutional, structural,
and systemic racism.
Effective: July 1, 2021
13EDUCATION – ASSEMBLY BILLS
AB 57: P ERTAINS TO THE E VALUATIONS OF T EACHERS AND A DMINISTRATORS
• Suspends the requirement for 15 percent of the teachers’ and administrators’ evaluations who
provide direct instructional services to pupils be based on pupil growth.
o Pupil growth will account for zero percent of the evaluation for teachers and
administrators during the 2021-2022 school year.
o Pupil growth will account for 15 percent of the evaluation for teachers and
administrators beginning with the 2022-2023 school year.
• Suspends the development of learning goals for pupils by teachers for the 2020-2021 and 2021-
2022 school years.
o The development of learning goals for pupils by teachers will begin with the 2022-2023
school year.
Effective: June 2, 2021
AB 88: P ERTAINS TO THE A DOPTION OF A P OLICY P ROHIBITING THE U SE OF A NY I DENTIFIERS
THAT ARE R ACIALLY D ISCRIMINATORY
• Requires school districts to adopt a policy prohibiting the use of identifiers that are racially
discriminatory or contain discriminatory language or imagery, including a name, logo, mascot,
song, or other identifier associated with the Confederate States of America or a federally
recognized Indian tribe.
• Requires school districts to obtain approval from the federally recognized Indian tribe to use a
name, logo, mascot, song, or other identifier associated with the tribe.
Effective: On or before July 1, 2022
AB 205: P ERTAINS TO THE A CQUISITION , M AINTENANCE AND A DMINISTRATION OF O PIOID
A NTAGONISTS IN S CHOOLS
• Allows authorized health care professionals to issue an order to allow the schools to obtain and
maintain an opioid antagonist at schools.
o The health care professional issuing the order is not liable for any error or omission
concerning the acquisition, possession, provision, or administration of the opioid
antagonist maintained at the school.
• Allows schools to obtain an order from a health care professional for an opioid antagonist.
o The chief nurse will ensure that each school nurse coordinates with school principals to
designate at least two employees of the school who are authorized to administer the
opioid antagonist.
o The school, school district, board of trustees, or employee of a school district is not
liable for any error or omission concerning the acquisition, possession, provision or
administration of auto-injectable epinephrine or opioid antagonist not resulting from
14gross negligence or reckless, willful wanton conduct of the school during the rendering
of emergency care during an emergency.
• Requires board of trustees who obtain an order for an opioid antagonist to adopt a policy to
ensure that:
o Emergency assistance is sought each time a person experiences an opioid-related drug
overdose on the premises of the school; and
o The parents/guardians of each pupil to whom the opioid antagonist is administered is
notified as soon as practicable.
Effective: July 1, 2021
AB 266: P ERTAINS TO P UPIL /L ICENSED T EACHER R ATIO ; J OB V ACANCIES ; R EPORTING OF
P OSITIONS ; AND E VALUATION
Pupil/Licensed Teacher Ratio
• Expands the exception list of school personnel whose presence in the classroom cannot be
counted towards the determination of the ratio of pupils per licensed teachers to include:
o Any administrators or other licensed personnel including counselors, coaches and
special education teachers who may be present in the classroom but do not teach every
pupil in the classroom.
Job Vacancies
• Requires school districts, to the extent that money is available, to determine the number of job
vacancies based on the number of licensed teachers needed to achieve the recommended
pupils/licensed teachers ratio prescribed by the State Board.
o Positions held by a full-time substitute teacher shall be considered vacant.
Reporting of Positions
• Requires school districts to post on the school district Internet website the number of positions
held by full-time substitute teachers and teachers licensed or working towards licensure through
an alternative route to licensure.
Evaluation
• Requires the evaluator of post-probationary licensed teachers whose number of pupils exceed
the recommended pupil/teacher ratio and whose evaluation rating is effective or highly
effective to award the teacher an additional weight for criteria relating to:
o The manner in which the teacher:
Structures a classroom environment;
Provides an opportunity for extended discourse;
Employs the cognitive abilities and skills of all pupils;
Engages with families of pupils; and
o The perception of pupils of the performance of the teacher.
o An additional weight awarded must not cause the score on the criterion to exceed the
maximum score possible for a teacher rated as highly effective.
Effective: Pupil/Licensed Teacher Ratio, Job Vacancies and Reporting of Positions: July 1, 2021;
Evaluation: June 4, 2021
15AB 371: P ERTAINS TO THE I NCLUSION OF “D ISCRIMINATION B ASED ON R ACE ” INTO E XISTING
L AW R ELATING TO B ULLYING AND C YBER B ULLYING
• Extends the provisions and protocols for addressing bullying and cyber-bullying in schools to
include incidences of discrimination based on race.
• Defines “discrimination based on race” as:
o Any single or repeated or pervasive act or acts whether targeted to a specific person or
targeted in general regarding their race, color, culture, religion, language, ethnicity, or
national origin that:
Causes harm or creates a hostile work or learning environment which may
include jokes, threats, physical altercations, or intimidation; and
Occurs in person, online or in any other setting including in a course of distance
learning.
• States that pupils or parents/legal guardians who witness an incident of discrimination based on
race may report the incident to an administrator or their designee.
• Requires school district to categorize an incident of discrimination based on race as racially
motivated or hate incident when tracking on the pupil information system.
• Requires school districts to develop restorative practices for both victims and perpetrators of
discrimination based on race.
Effective: July 1, 2021
16EDUCATION – SENATE BILLS
SB 36: R ELATED TO P OSTING OF E MERGENCY O PERATIONS P LANS
• Requires the Board of Trustees to:
o Post a notice of the completion of each review and update of the emergency operations
plan that its emergency operations plan development committee performs on the
website maintained by the school district and by each school in the school district;
o File a copy of the notice posted with the Department of Education; and
o Post a link to NRS 388.229 to 388.266, inclusive, on the website maintained by each
school in its school district.
Effective: May 27, 2021
SB 75: R ELATED TO U NEMPLOYMENT C OMPENSATION B ENEFITS AND R EIMBURSEMENTS
• Requires unemployment compensation benefits be denied to a person who performs services in
more than one capacity for any educational institution for any week of unemployment which begins
during an established and customary vacation or recess for a holiday if:
o S/he performs services in any of his/her capacities in the period immediately preceding the
vacation/recess;
o There is reasonable assurance that s/he will be:
Provided employment immediately succeeding the vacation/recess in any of his/her
capacities with any educational institution and
Paid at least 90 percent of the aggregate wages received prior to the
vacation/recess.
• Provides that if a person performs services in more than one capacity and benefits are not denied as
listed above, all services performed in all capacities for any educational institution in the period
immediately preceding an established and customary vacation/recess for a holiday must be included
to determine the person’s eligibility for benefits for any week of unemployment which begins during
the vacation or recess.
• Requires the amount of the benefits paid for these persons:
o Be charged against the records for experience rating of that educational institution if it has
not been given the right to make reimbursements in lieu of contributions pursuant to
NRS 612.553,
o Be required to reimburse the Unemployment Compensation Fund by that educational
institution if it has been given the right to make reimbursements in lieu of contributions
pursuant to NRS 612.553.
Effective: July 1, 2021
17SB 173: E STABLISHES R EQUIREMENTS F OR S CHOOL D ISTRICTS I MPLEMENTING A S UMMER
S CHOOL P ROGRAM TO A DDRESS L OSS OF L EARNING AS A R ESULT OF COVID-19 P ANDEMIC
• Requires that all teachers, other licensed personnel, and support personnel hired to work in the
summer school program:
o Must already have a contract to work at a school within the school district; and
o Shall receive compensation based upon the rate set in the respective collective
bargaining agreement.
o Compensation paid to employees must not be included for the purposes of calculating
the future retirement benefits of the employee.
• Allows school district who are unable to hire enough persons to work summer school to hire
retired public employees.
o The retired public employee must have submitted their fingerprints to the school
district.
Effective: May 24, 2021, and expires by limitation on January 1, 2022.
SB 249: R EQUIRES M ENTAL H EALTH R ESOURCES I NFORMATION A PPEAR ON I.D. C ARDS I SSUED
TO P UPILS
• Requires school districts to ensure that information relating to mental health resources
(including telephone number for local or national suicide prevention hotline) appears on the
back of any I.D. card issued to pupils at a school.
• Adds behavioral health to the conditions that may require a child to be excused from
attendance.
• Authorizes a qualified mental health professional or behavior health professional to provide
evidence of the inability of a child to attend school.
• Prohibits an excusal from attendance from negatively affecting the rating of a school pursuant
to the statewide system of accountability for public schools.
Effective: July 1, 2021.
SB 327: P ERTAINS TO R ACE D ISCRIMINATION , S CHOOL D RESS C ODES AND U NIFORM P OLICIES ,
AND P ROMOTIONAL T ESTING
Race Discrimination and Dress Code
• Defines “race” to include traits associated with race, including, without limitation, hair texture
and protective hairstyles. Defines “protective hairstyle” to include, without limitation, hairstyles
such as natural hairstyles, afros, bantu knots, curls, braids, locks, and twists.
• Requires that a dress code or a policy that requires pupils to wear school uniforms may not
discriminate against a pupil based on race.
o Race discrimination includes the enforcement of a dress code or school uniform policy
where a pupil’s hair texture, hair style or other trait associated with race violates the
dress code or school uniform policy.
• Prohibits pupils in public schools from being disciplined based on their race.
18Promotional Testing
• Requires all school districts or school departments with at least 200 employees to have any
vertical promotional testing (including a written test or oral board) conducted by a third party
independent from the superintendent or school board as applicable, unless otherwise stated in
an applicable collective bargaining agreement.
• Further requires the third party to send the test scores via email to the employee and the
superintendent or school board at the same time, and that the superintendent cannot produce
a ranked list of test scores until after the third party notified employees of test scores.
• Also provides that employees may appeal the test score and is entitled to see how his/her test
was graded and the questions which the employee answered incorrectly. The superintendent or
school board must ensure the employee was ranked properly.
• Provides that the requirements governing these tests are not subject to negotiation with an
employee organization for the purposes of a collective bargaining agreement.
Effective: Race Discrimination and Dress Code: June 2, 2021; Promotional Testing: October 1, 2021.
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