Text of NV SB 188 (2017)

S.B. 188 - *SB188* SENATE BILL NO. 188–SENATORS PARKS; CANNIZZARO AND FORD PREFILED FEBRUARY 13, 2017 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions prohibiting certain discriminatory acts. (BDR 18-106) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. 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 discrimination; revising existing provisions that prohibit various types of discrimination to include discrimination on the basis of sexual orientation and gender identity or expression; providing a penalty; and providing other matters properly relating thereto. Legislative Counsel’s Digest: This bill revises provisions of existing law that prohibit various types of 1 discrimination and discriminatory practices to include gender identity or expression 2 and sexual orientation. Sections 4 and 5 of this bill define the terms “gender 3 identity or expression” and “sexual orientation,” respectively, and make those 4 definitions applicable to the Nevada Revised Statutes as a whole. 5 Sections 1 and 2 of this bill revise provisions governing the Nevada Equal 6 Rights Commission by: (1) requiring the membership of the Commission to be 7 representative of groups based on sexual orientation and gender identity or 8 expression; and (2) revising the Commission’s duties to include fostering mutual 9 understanding, studying problems between and securing the cooperation of groups 10 based upon sexual orientation and gender identity or expression. (NRS 233.040, 11 233.140) 12 Existing law makes voidable certain discriminatory provisions in a written 13 instrument relating to real property that purport to forbid or restrict the conveyance, 14 encumbrance, leasing or mortgaging or purports to limit, restrict or prohibit the use 15 or occupation of the real property. (NRS 111.237) Section 6 of this bill makes such 16 provisions voidable when based on sexual orientation or gender identity or 17 expression. 18 Under existing law, certain persons may file a petition in a child custody 19 proceeding seeking abduction prevention measures to protect the child. (NRS 20 125D.150) Section 7 of this bill adds to the list of factors for consideration by the 21 court by requiring consideration of whether the petitioner or respondent is likely to 22 take the child to a country that restricts travel or exiting the country based on the 23 – 2 – - *SB188* sexual orientation or gender identity or expression of either the petitioner or the 24 child. (NRS 125D.180) 25 Section 8 of this bill adds an offender’s sexual orientation and gender identity 26 or expression to the elements considered by the Advisory Commission on the 27 Administration of Justice when reviewing whether offenders receive 28 disparate sentences and recommending changes to the structure of sentencing. 29 (NRS 176.0125) 30 Section 9 of this bill revises the circumstances under which murder of the first 31 degree may be aggravated by adding the circumstance if the murder was committed 32 upon the person because of his or her actual or perceived gender identity or 33 expression. (NRS 200.033) 34 Section 10 of this bill expands the subject matter of publications offenders are 35 prohibited from possessing or receiving while in custody by including publications 36 that encourage or glamorize violence against persons of a particular sexual 37 orientation or gender identity or expression. (NRS 209.365) 38 Section 11 of this bill revises the eligibility requirements for a grant from the 39 Account for Aid for Victims of Domestic Violence by requiring a nonprofit 40 corporation applying for a grant to provide its services without discrimination on 41 the basis of sexual orientation or gender identity or expression. (NRS 217.420) 42 Existing law requires the Executive Director of the Office of Economic 43 Development and authorizes a state agency to adopt regulations exempting a 44 business within specially benefited zones from certain regulations. (NRS 274.110- 45 274.130) Section 12 of this bill revises the exceptions to the exemptions by 46 providing that a business may not be exempt from a regulation adopted pursuant to 47 a statute whose purpose is the protection of persons against discrimination based on 48 sexual orientation and gender identity or expression. (NRS 274.140) 49 Sections 13-15 of this bill revise provisions governing the state personnel 50 system and relations with local government employers to prohibit discrimination on 51 the basis of sexual orientation or gender identity or expression. (NRS 284.150, 52 284.385, 288.270) 53 Section 16 of this bill revises the definition of “eligible family” for purposes of 54 determining eligibility for assistance with low-income housing to include a person 55 or family selected without regard to sexual orientation or gender identity or 56 expression. (NRS 319.060) 57 Existing law exempts certain organizations, in addition to those defined by law 58 as charitable corporations, from taxation on certain personal and real property, 59 including any corporation that, among other factors, where indigent persons may 60 receive medical care and attention without regard to race or color. (NRS 361.140) 61 Section 17 of this bill adds the requirement that indigent persons may receive 62 medical care and attention without regard to sexual orientation or gender identity or 63 expression. 64 Section 18 of this bill revises the restrictions for commercial advertising on a 65 school bus by prohibiting advertising that attacks groups based on sexual 66 orientation or gender identity or expression. (NRS 386.845) 67 Sections 19-22 of this bill prohibit discrimination based upon the sexual 68 orientation or gender identity or expression for enrollment in a charter school, 69 achievement charter school, university school for profoundly gifted pupils or the 70 Nevada System of Higher Education. (NRS 388A.453, 388B.060, 388C.010, 71 396.530) 72 Section 23 of this bill revises the declaration of policy of the State that there 73 must be an equality of treatment and opportunity for all persons in the Nevada 74 National Guard to also include without regard to gender identity or expression. 75 Sections 25-27 of this bill revise provisions governing the administration of 76 gaming and gaming establishments to prohibit discrimination based upon sexual 77 orientation or gender identity or expression. (NRS 463.151, 463.15995, 463.4076) 78 – 3 – - *SB188* Section 28 of this bill adds to the grounds for disciplinary action by the Real 79 Estate Commission against a person licensed by the Commission, property manager 80 or owner-developer if that person refuses to show, sell or rent any real estate for 81 sale or rent to a qualified purchaser or renter based on his or her sexual orientation 82 or gender identity or expression. (NRS 645.635) 83 Sections 29 of this bill prohibits a polygraph examiner or intern from inquiring 84 about the sexual orientation or gender identity or expression of the person 85 examined unless such information is germane to the issue under investigation and 86 the inquiries are made at the request of the examinee. (NRS 648.193) 87 Section 30 of this bill amends existing law by prohibiting an insurer that uses a 88 consumer credit report from calculating an insurance score based on a person’s 89 sexual orientation or gender identity or expression. (NRS 686A.680) Section 31 of 90 this bill revises the type of risk classifications used by insurers to prohibit an 91 insurer from using classifications based on sexual orientation or gender identity or 92 expression. (NRS 686B.060) Section 32 of this bill prohibits an insurer from 93 cancelling or refusing to renew a policy of automobile liability insurance based 94 solely upon the sexual orientation or gender identity or expression of the insured 95 and, by reference, makes it an unfair practice in settling claims. (NRS 687B.390) 96 Under existing law, the Commissioner of Insurance is authorized to issue a 97 certificate of registration to a voluntary purchasing group that meets certain 98 requirements. Section 33 of this bill revises those requirements by including a 99 prohibition on differentiating among members of the group based on the sexual 100 orientation or gender identity or expression of a member. (NRS 689C.520) 101 Section 34 of this bill amends the Charter of the City of Sparks to add a 102 person’s gender identity or expression, as defined by section 4, to the 103 circumstances under which a person shall not be appointed or removed from, or 104 favored or discriminated against a City position or appointive administrative office. 105 (Sparks City Charter § 1.130) 106 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 233.040 is hereby amended to read as follows: 1 233.040 The members of the Commission must be 2 representative of [religious, disabled, racial and ethnic] all groups 3 [of] , including, without limitation, those based on religion, 4 disability, race, ethnicity, sexual orientation, and gender identity 5 or expression, and representative of both sexes in the State. 6 Sec. 2. NRS 233.140 is hereby amended to read as follows: 7 233.140 The Commission shall: 8 1. Foster mutual understanding and respect among all [racial, 9 religious, disabled and ethnic] groups , including, without 10 limitation, those based on race, religion, disability, ethnicity, 11 sexual orientation and gender identity or expression, and between 12 the sexes in the State. 13 2. Aid in securing equal health and welfare services and 14 facilities for all the residents of the State without regard to race, 15 religion, sex, sexual orientation, gender identity or expression, age, 16 disability or nationality. 17 – 4 – - *SB188* 3. Study problems arising between groups within the State 1 which may result in tensions, discrimination or prejudice because of 2 race, color, creed, sex, sexual orientation, gender identity or 3 expression, age, disability, national origin or ancestry, and 4 formulate and carry out programs of education and disseminate 5 information with the object of discouraging and eliminating any 6 such tensions, prejudices or discrimination. 7 4. Secure the cooperation of various [racial, religious, disabled, 8 nationality and ethnic] groups, including, without limitation, those 9 based on race, religion, sex, sexual orientation, gender identity or 10 expression, age, disability, nationality and ethnicity, veterans’ 11 organizations, labor organizations, business and industry 12 organizations and fraternal, benevolent and service groups, in 13 educational campaigns devoted to the need for eliminating group 14 prejudice, racial or area tensions, intolerance or discrimination. 15 5. Cooperate with and seek the cooperation of federal and state 16 agencies and departments in carrying out projects within their 17 respective authorities to eliminate intergroup tensions and to 18 promote intergroup harmony. 19 Sec. 3. The preliminary chapter of NRS is hereby amended by 20 adding thereto the provisions set forth as sections 4 and 5 of this act. 21 Sec. 4. Except as otherwise expressly provided in a particular 22 statute or required by the context, “gender identity or expression” 23 and any variation of that term means a gender-related identity, 24 appearance, expression or behavior of a person, regardless of the 25 person’s assigned sex at birth. 26 Sec. 5. Except as otherwise expressly provided in a particular 27 statute or required by the context, “sexual orientation” and any 28 variation of that term means having or being perceived as having 29 an orientation for heterosexuality, homosexuality or bisexuality. 30 Sec. 6. NRS 111.237 is hereby amended to read as follows: 31 111.237 1. Every provision in a written instrument relating to 32 real property which purports to forbid or restrict the conveyance, 33 encumbrance, leasing or mortgaging of such real property to any 34 person of a specified race, color, religion, ancestry , [or] national 35 origin , sexual orientation, or gender identity or expression is 36 voidable by the grantee, the grantee’s successors and assigns in the 37 manner prescribed in subsection 3 and every restriction or 38 prohibition as to the use or occupation of real property because of 39 the user’s or occupier’s race, color, religion, ancestry , [or] national 40 origin , sexual orientation, or gender identity or expression is 41 voidable by the grantee, the grantee’s successors and assigns in the 42 manner prescribed in subsection 3. 43 2. Every restriction or prohibition, whether by way of 44 covenant, condition upon use or occupation, or upon transfer of title 45 – 5 – - *SB188* to real property, which restriction or prohibition directly or 1 indirectly limits the acquisition, use or occupation of such property 2 because of the acquirer’s, user’s or occupier’s race, color, religion, 3 ancestry , [or] national origin , sexual orientation, or gender 4 identity or expression is voidable by the grantee, the grantee’s 5 successors and assigns in the manner prescribed in subsection 3. 6 3. The owner or owners of any real property subject to any 7 restriction or prohibition specified in subsections 1 and 2 may 8 record an affidavit declaring such restrictions or prohibitions to be 9 void in the office of the county recorder in which such real property 10 is located, and such recording shall operate to remove such 11 restrictions or prohibitions. 12 Sec. 7. NRS 125D.180 is hereby amended to read as follows: 13 125D.180 1. In determining whether there is a credible risk 14 of abduction of a child, the court shall consider any evidence that 15 the petitioner or respondent: 16 (a) Has previously abducted or attempted to abduct the child; 17 (b) Has threatened to abduct the child; 18 (c) Has recently engaged in activities that may indicate a 19 planned abduction, including: 20 (1) Abandoning employment; 21 (2) Selling a primary residence; 22 (3) Terminating a lease; 23 (4) Closing bank or other financial management accounts, 24 liquidating assets, hiding or destroying financial documents, or 25 conducting any unusual financial activities; 26 (5) Applying for a passport or visa or obtaining travel 27 documents for the respondent, a family member or the child; or 28 (6) Seeking to obtain the child’s birth certificate or school or 29 medical records; 30 (d) Has engaged in domestic violence, stalking, or child abuse or 31 neglect; 32 (e) Has refused to follow a child custody determination; 33 (f) Lacks strong familial, financial, emotional or cultural ties to 34 the State or the United States; 35 (g) Has strong familial, financial, emotional or cultural ties to 36 another state or country; 37 (h) Is likely to take the child to a country that: 38 (1) Is not a party to the Hague Convention on the Civil 39 Aspects of International Child Abduction and does not provide for 40 the extradition of an abducting parent or for the return of an 41 abducted child; 42 (2) Is a party to the Hague Convention on the Civil Aspects 43 of International Child Abduction but: 44 – 6 – - *SB188* (I) The Hague Convention on the Civil Aspects of 1 International Child Abduction is not in force between the United 2 States and that country; 3 (II) Is noncompliant according to the most recent 4 compliance report issued by the United States Department of State; 5 or 6 (III) Lacks legal mechanisms for immediately and 7 effectively enforcing a return order pursuant to the Hague 8 Convention on the Civil Aspects of International Child Abduction; 9 (3) Poses a risk that the child’s physical or emotional health 10 or safety would be endangered in the country because of specific 11 circumstances relating to the child or because of human rights 12 violations committed against children; 13 (4) Has laws or practices that would: 14 (I) Enable the respondent, without due cause, to prevent 15 the petitioner from contacting the child; 16 (II) Restrict the petitioner from freely traveling to or 17 exiting from the country because of the petitioner’s gender, sexual 18 orientation, gender identity or expression, nationality, marital 19 status or religion; or 20 (III) Restrict the child’s ability legally to leave the 21 country after the child reaches the age of majority because of the 22 child’s gender, sexual orientation, gender identity or expression, 23 nationality or religion; 24 (5) Is included by the United States Department of State on a 25 current list of state sponsors of terrorism; 26 (6) Does not have an official United States diplomatic 27 presence in the country; or 28 (7) Is engaged in active military action or war, including a 29 civil war, to which the child may be exposed; 30 (i) Is undergoing a change in immigration or citizenship status 31 that would adversely affect the respondent’s ability to remain in the 32 United States legally; 33 (j) Has had an application for United States citizenship denied; 34 (k) Has forged or presented misleading or false evidence on 35 government forms or supporting documents to obtain or attempt to 36 obtain a passport, a visa, travel documents, a social security card, a 37 driver’s license or other government-issued identification card or 38 has made a misrepresentation to the United States Government; 39 (l) Has used multiple names to attempt to mislead or defraud; or 40 (m) Has engaged in any other conduct the court considers 41 relevant to the risk of abduction. 42 2. In the hearing on a petition pursuant to the provisions of this 43 chapter, the court shall consider any evidence that the respondent 44 believed in good faith that the respondent’s conduct was necessary 45 – 7 – - *SB188* to avoid imminent harm to the child or respondent and any other 1 evidence that may be relevant to whether the respondent may be 2 permitted to remove or retain the child. 3 3. If the court finds during the hearing on the petition that the 4 respondent’s conduct is intended to avoid imminent harm to the 5 child or respondent, the court shall not issue an abduction 6 prevention order. 7 Sec. 8. NRS 176.0125 is hereby amended to read as follows: 8 176.0125 The Commission shall: 9 1. Identify and study the elements of this State’s system of 10 criminal justice which affect the sentences imposed for felonies and 11 gross misdemeanors. 12 2. Evaluate the effectiveness and fiscal impact of various 13 policies and practices regarding sentencing which are employed in 14 this State and other states, including, but not limited to, the use of 15 plea bargaining, probation, programs of intensive supervision, 16 programs of regimental discipline, imprisonment, sentencing 17 recommendations, mandatory and minimum sentencing, mandatory 18 sentencing for crimes involving the possession, manufacture and 19 distribution of controlled substances, structured or tiered sentencing, 20 enhanced penalties for habitual criminals, parole, credits against 21 sentences, residential confinement and alternatives to incarceration. 22 3. Recommend changes in the structure of sentencing in this 23 State which, to the extent practicable and with consideration for 24 their fiscal impact, incorporate general objectives and goals for 25 sentencing, including, but not limited to, the following: 26 (a) Offenders must receive sentences that increase in direct 27 proportion to the severity of their crimes and their histories of 28 criminality. 29 (b) Offenders who have extensive histories of criminality or 30 who have exhibited a propensity to commit crimes of a predatory or 31 violent nature must receive sentences which reflect the need to 32 ensure the safety and protection of the public and which allow for 33 the imprisonment for life of such offenders. 34 (c) Offenders who have committed offenses that do not include 35 acts of violence and who have limited histories of criminality must 36 receive sentences which reflect the need to conserve scarce 37 economic resources through the use of various alternatives to 38 traditional forms of incarceration. 39 (d) Offenders with similar histories of criminality who are 40 convicted of similar crimes must receive sentences that are generally 41 similar. 42 (e) Offenders sentenced to imprisonment must receive sentences 43 which do not confuse or mislead the public as to the actual time 44 – 8 – - *SB188* those offenders must serve while incarcerated or before being 1 released from confinement or supervision. 2 (f) Offenders must not receive disparate sentences based upon 3 factors such as race, gender , sexual orientation, gender identity or 4 expression, or economic status. 5 (g) Offenders must receive sentences which are based upon the 6 specific circumstances and facts of their offenses, including the 7 nature of the offense and any aggravating factors, the savagery of 8 the offense, as evidenced by the extent of any injury to the victim, 9 and the degree of criminal sophistication demonstrated by the 10 offender’s acts before, during and after commission of the offense. 11 4. Evaluate the effectiveness and efficiency of the Department 12 of Corrections and the State Board of Parole Commissioners with 13 consideration as to whether it is feasible and advisable to establish 14 an oversight or advisory board to perform various functions and 15 make recommendations concerning: 16 (a) Policies relating to parole; 17 (b) Regulatory procedures and policies of the State Board of 18 Parole Commissioners; 19 (c) Policies for the operation of the Department of Corrections; 20 (d) Budgetary issues; and 21 (e) Other related matters. 22 5. Evaluate the effectiveness of specialty court programs in this 23 State with consideration as to whether such programs have the effect 24 of limiting or precluding reentry of offenders and parolees into the 25 community. 26 6. Evaluate the policies and practices concerning presentence 27 investigations and reports made by the Division of Parole and 28 Probation of the Department of Public Safety, including, without 29 limitation, the resources relied on in preparing such investigations 30 and reports and the extent to which judges in this State rely on and 31 follow the recommendations contained in such presentence 32 investigations and reports. 33 7. Evaluate, review and comment upon issues relating to 34 juvenile justice in this State, including, but not limited to: 35 (a) The need for the establishment and implementation of 36 evidence-based programs and a continuum of sanctions for children 37 who are subject to the jurisdiction of the juvenile court; and 38 (b) The impact on the criminal justice system of the policies and 39 programs of the juvenile justice system. 40 8. Compile and develop statistical information concerning 41 sentencing in this State. 42 9. Identify and study issues relating to the application of 43 chapter 241 of NRS to meetings held by the: 44 – 9 – - *SB188* (a) State Board of Pardons Commissioners to consider an 1 application for clemency; and 2 (b) State Board of Parole Commissioners to consider an 3 offender for parole. 4 10. Identify and study issues relating to the operation of the 5 Department of Corrections, including, without limitation, the system 6 for allowing credits against the sentences of offenders, the 7 accounting of such credits and any other policies and procedures of 8 the Department which pertain to the operation of the Department. 9 11. Evaluate the policies and practices relating to the 10 involuntary civil commitment of sexually dangerous persons. 11 12. Identify and study the impacts and effects of collateral 12 consequences of convictions in this State. Such identification and 13 study: 14 (a) Must cause to be identified any provision in the Nevada 15 Constitution, the Nevada Revised Statutes and the Nevada 16 Administrative Code which imposes a collateral sanction or 17 authorizes the imposition of a disqualification, and any provision of 18 law that may afford relief from a collateral consequence; 19 (b) May rely on the study of this State’s collateral sanctions, 20 disqualifications and relief provisions prepared by the National 21 Institute of Justice described in section 510 of the Court Security 22 Improvement Act of 2007, Public Law 110-177; and 23 (c) Must include the posting of a hyperlink on the Commission’s 24 website to any study of this State’s collateral sanctions, 25 disqualifications and relief provisions prepared by the National 26 Institute of Justice described in section 510 of the Court Security 27 Improvement Act of 2007, Public Law 110-177. 28 13. For each regular session of the Legislature, prepare a 29 comprehensive report including the Commission’s recommended 30 changes pertaining to the administration of justice in this State, the 31 Commission’s findings and any recommendations of the 32 Commission for proposed legislation. The report must be submitted 33 to the Director of the Legislative Counsel Bureau for distribution to 34 the Legislature not later than September 1 of each even-numbered 35 year. 36 Sec. 9. NRS 200.033 is hereby amended to read as follows: 37 200.033 The only circumstances by which murder of the first 38 degree may be aggravated are: 39 1. The murder was committed by a person under sentence of 40 imprisonment. 41 2. The murder was committed by a person who, at any time 42 before a penalty hearing is conducted for the murder pursuant to 43 NRS 175.552, is or has been convicted of: 44 – 10 – - *SB188* (a) Another murder and the provisions of subsection 12 do not 1 otherwise apply to that other murder; or 2 (b) A felony involving the use or threat of violence to the person 3 of another and the provisions of subsection 4 do not otherwise apply 4 to that felony. 5 ¬ For the purposes of this subsection, a person shall be deemed to 6 have been convicted at the time the jury verdict of guilt is rendered 7 or upon pronouncement of guilt by a judge or judges sitting without 8 a jury. 9 3. The murder was committed by a person who knowingly 10 created a great risk of death to more than one person by means of a 11 weapon, device or course of action which would normally be 12 hazardous to the lives of more than one person. 13 4. The murder was committed while the person was engaged, 14 alone or with others, in the commission of, or an attempt to commit 15 or flight after committing or attempting to commit, any robbery, 16 arson in the first degree, burglary, invasion of the home or 17 kidnapping in the first degree, and the person charged: 18 (a) Killed or attempted to kill the person murdered; or 19 (b) Knew or had reason to know that life would be taken or 20 lethal force used. 21 5. The murder was committed to avoid or prevent a lawful 22 arrest or to effect an escape from custody. 23 6. The murder was committed by a person, for himself or 24 herself or another, to receive money or any other thing of monetary 25 value. 26 7. The murder was committed upon a peace officer or 27 firefighter who was killed while engaged in the performance of his 28 or her official duty or because of an act performed in his or her 29 official capacity, and the defendant knew or reasonably should have 30 known that the victim was a peace officer or firefighter. For the 31 purposes of this subsection, “peace officer” means: 32 (a) An employee of the Department of Corrections who does not 33 exercise general control over offenders imprisoned within the 34 institutions and facilities of the Department, but whose normal 35 duties require the employee to come into contact with those 36 offenders when carrying out the duties prescribed by the Director of 37 the Department. 38 (b) Any person upon whom some or all of the powers of a peace 39 officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, 40 when carrying out those powers. 41 8. The murder involved torture or the mutilation of the victim. 42 9. The murder was committed upon one or more persons at 43 random and without apparent motive. 44 – 11 – - *SB188* 10. The murder was committed upon a person less than 14 1 years of age. 2 11. The murder was committed upon a person because of the 3 actual or perceived race, color, religion, national origin, physical or 4 mental disability , [or] sexual orientation , or gender identity or 5 expression of that person. 6 12. The defendant has, in the immediate proceeding, been 7 convicted of more than one offense of murder in the first or second 8 degree. For the purposes of this subsection, a person shall be 9 deemed to have been convicted of a murder at the time the jury 10 verdict of guilt is rendered or upon pronouncement of guilt by a 11 judge or judges sitting without a jury. 12 13. The person, alone or with others, subjected or attempted to 13 subject the victim of the murder to nonconsensual sexual penetration 14 immediately before, during or immediately after the commission of 15 the murder. For the purposes of this subsection: 16 (a) “Nonconsensual” means against the victim’s will or under 17 conditions in which the person knows or reasonably should know 18 that the victim is mentally or physically incapable of resisting, 19 consenting or understanding the nature of his or her conduct, 20 including, but not limited to, conditions in which the person knows 21 or reasonably should know that the victim is dead. 22 (b) “Sexual penetration” means cunnilingus, fellatio or any 23 intrusion, however slight, of any part of the victim’s body or any 24 object manipulated or inserted by a person, alone or with others, into 25 the genital or anal openings of the body of the victim, whether or 26 not the victim is alive. The term includes, but is not limited to, anal 27 intercourse and sexual intercourse in what would be its ordinary 28 meaning. 29 14. The murder was committed on the property of a public or 30 private school, at an activity sponsored by a public or private school 31 or on a school bus while the bus was engaged in its official duties by 32 a person who intended to create a great risk of death or substantial 33 bodily harm to more than one person by means of a weapon, device 34 or course of action that would normally be hazardous to the lives of 35 more than one person. For the purposes of this subsection, “school 36 bus” has the meaning ascribed to it in NRS 483.160. 37 15. The murder was committed with the intent to commit, 38 cause, aid, further or conceal an act of terrorism. For the purposes of 39 this subsection, “act of terrorism” has the meaning ascribed to it in 40 NRS 202.4415. 41 Sec. 10. NRS 209.365 is hereby amended to read as follows: 42 209.365 1. The Director shall adopt, with the approval of the 43 Board, regulations establishing and governing a program, to be 44 carried out within each facility and institution, to prevent an 45 – 12 – - *SB188* offender from possessing or receiving a publication which is 1 detrimental to the offender’s rehabilitation or which has the 2 potential to disrupt security or promote violence or disorder in the 3 facility or institution because the subject matter of the publication: 4 (a) Is sexually explicit; 5 (b) Is graphically violent; or 6 (c) Encourages or glamorizes: 7 (1) Crime; 8 (2) The activities of a criminal gang; or 9 (3) Violence against law enforcement, women, children or 10 members of a particular religion, ethnic group or race [.] or persons 11 of a particular sexual orientation or gender identity or expression. 12 2. The regulations must provide that if an offender is 13 prohibited from possessing or receiving a publication pursuant to 14 this section, the offender possessing or receiving the publication 15 must be provided with notice of the determination and an 16 opportunity to appeal the determination. An appeal may be 17 summarily denied if the appeal involves a publication that is similar 18 to a publication that previously has been prohibited. 19 3. The establishment of the program required pursuant to this 20 section does not affect: 21 (a) The authority of the Department to review materials that are 22 possessed or received by an offender, including, but not limited to, 23 publications, for any other lawful purpose or reason; or 24 (b) The procedures used by the Department to conduct such 25 reviews. 26 4. The Department and its officers, employees and independent 27 contractors are immune from liability for damages arising from an 28 act or omission that allows an offender to possess or receive a 29 publication that is prohibited pursuant to this section. 30 5. As used in this section: 31 (a) “Criminal gang” has the meaning ascribed to it in 32 NRS 213.1263. 33 (b) “Publication” means a book, magazine, newsletter, bulletin, 34 pamphlet or other similar item as determined by the Director. 35 Sec. 11. NRS 217.420 is hereby amended to read as follows: 36 217.420 To be eligible for a grant from the Account for Aid for 37 Victims of Domestic Violence, an applicant must: 38 1. Be a nonprofit corporation, incorporated or qualified in this 39 state. 40 2. Be governed by a board of trustees which reflects the racial, 41 ethnic, economic and social composition of the county to be served 42 and includes at least one trustee who has been a victim of domestic 43 violence. 44 – 13 – - *SB188* 3. Receive at least 15 percent of its money from sources other 1 than the Federal Government, the State, any local government or 2 other public body or their instrumentalities. Any goods or services 3 which are contributed to the organization may be assigned their 4 reasonable monetary value for the purpose of complying with the 5 requirement of this subsection. 6 4. Provide its services exclusively for victims of domestic 7 violence and only within this state. 8 5. Require its employees and volunteer assistants to maintain 9 the confidentiality of any information which would identify persons 10 receiving the services. 11 6. Provide its services without any discrimination on the basis 12 of race, religion, color, age, sex, sexual orientation, gender identity 13 or expression, marital status, national origin or ancestry. 14 7. Be able to provide: 15 (a) Except in counties whose population is less than 100,000, 16 shelter to victims on any day, at any hour. 17 (b) A telephone service capable of receiving emergency calls on 18 any day, at any hour. 19 (c) Except in counties whose population is less than 100,000, 20 facilities where food can be stored and prepared. 21 (d) Counseling, or make referrals for counseling, for victims or 22 spouses of victims and their children. 23 (e) Assistance to victims in obtaining legal, medical, 24 psychological or vocational help. 25 (f) Education and training for members of the community on 26 matters which relate to domestic violence. 27 Sec. 12. NRS 274.140 is hereby amended to read as follows: 28 274.140 1. The provisions of NRS 274.110, 274.120 and 29 subsection 1 of NRS 274.130 do not apply to regulations adopted 30 pursuant to any statute whose purpose is the protection of the 31 environment, the preservation of historic places and landmarks, or 32 the protection of persons against discrimination on the basis of race, 33 color, religion, sex, sexual orientation, gender identity or 34 expression, marital status, national origin or handicap. 35 2. No exemption, modification or alternative to any regulation 36 adopted under NRS 274.110, 274.120 or 274.130 is effective which: 37 (a) Presents a significant risk to the health or safety of persons 38 resident in or employed within a specially benefited zone; 39 (b) Conflicts with federal law or regulations such that the State, 40 or any local government or any area of the State other than specially 41 benefited zones, or any business located outside of a specially 42 benefited zone would be disqualified from a federal program or 43 from federal tax benefits or other benefits; 44 – 14 – - *SB188* (c) Suspends or modifies a regulation specifically required by 1 law; or 2 (d) Eliminates or reduces benefits to persons who are residents 3 of or employed within a zone. 4 Sec. 13. NRS 284.150 is hereby amended to read as follows: 5 284.150 1. The classified service of the State of Nevada is 6 comprised of all positions in the public service now existing or 7 hereafter created which are: 8 (a) Lawfully designated as being in the classified service; and 9 (b) Filled according to merit and fitness from eligible lists 10 prepared upon the basis of examination, which must be open and 11 competitive, except as otherwise provided in this chapter and 12 NRS 209.161. 13 2. Except as otherwise provided in NRS 193.105, 209.161 and 14 416.070, a person must not be appointed, transferred, promoted, 15 demoted or discharged in the classified service in any manner or by 16 any means other than those prescribed in this chapter and the 17 regulations adopted in accordance therewith. 18 3. A person must not be discriminated against on account of 19 the person’s religious opinions or affiliations, race, sex, sexual 20 orientation, gender identity or expression, age or disability. 21 Sec. 14. NRS 284.385 is hereby amended to read as follows: 22 284.385 1. An appointing authority may: 23 (a) Dismiss or demote any permanent classified employee when 24 the appointing authority considers that the good of the public service 25 will be served thereby. 26 (b) Except as otherwise provided in NRS 284.148, suspend 27 without pay, for disciplinary purposes, a permanent employee for a 28 period not to exceed 30 days. 29 2. Before a permanent classified employee is dismissed, 30 involuntarily demoted or suspended, the appointing authority must 31 consult with the Attorney General or, if the employee is employed 32 by the Nevada System of Higher Education, the appointing 33 authority’s general counsel, regarding the proposed discipline. After 34 such consultation, the appointing authority may take such lawful 35 action regarding the proposed discipline as it deems necessary under 36 the circumstances. 37 3. A dismissal, involuntary demotion or suspension does not 38 become effective until the employee is notified in writing of the 39 dismissal, involuntary demotion or suspension and the reasons 40 therefor. The Commission shall adopt regulations setting forth the 41 procedures for properly notifying the employee of the dismissal, 42 involuntary demotion or suspension and the reasons therefor. 43 – 15 – - *SB188* 4. No employee in the classified service may be dismissed for 1 [religious or racial reasons.] any reason relating to his or her 2 religion, race, sexual orientation, or gender identity or expression. 3 Sec. 15. NRS 288.270 is hereby amended to read as follows: 4 288.270 1. It is a prohibited practice for a local government 5 employer or its designated representative willfully to: 6 (a) Interfere, restrain or coerce any employee in the exercise of 7 any right guaranteed under this chapter. 8 (b) Dominate, interfere or assist in the formation or 9 administration of any employee organization. 10 (c) Discriminate in regard to hiring, tenure or any term or 11 condition of employment to encourage or discourage membership in 12 any employee organization. 13 (d) Discharge or otherwise discriminate against any employee 14 because the employee has signed or filed an affidavit, petition or 15 complaint or given any information or testimony under this chapter, 16 or because the employee has formed, joined or chosen to be 17 represented by any employee organization. 18 (e) Refuse to bargain collectively in good faith with the 19 exclusive representative as required in NRS 288.150. Bargaining 20 collectively includes the entire bargaining process, including 21 mediation and fact-finding, provided for in this chapter. 22 (f) Discriminate because of race, color, religion, sex, sexual 23 orientation, gender identity or expression, age, physical or visual 24 handicap, national origin or because of political or personal reasons 25 or affiliations. 26 (g) Fail to provide the information required by NRS 288.180. 27 2. It is a prohibited practice for a local government employee 28 or for an employee organization or its designated agent willfully to: 29 (a) Interfere with, restrain or coerce any employee in the 30 exercise of any right guaranteed under this chapter. 31 (b) Refuse to bargain collectively in good faith with the local 32 government employer, if it is an exclusive representative, as 33 required in NRS 288.150. Bargaining collectively includes the entire 34 bargaining process, including mediation and fact-finding, provided 35 for in this chapter. 36 (c) Discriminate because of race, color, religion, sex, sexual 37 orientation, gender identity or expression, age, physical or visual 38 handicap, national origin or because of political or personal reasons 39 or affiliations. 40 (d) Fail to provide the information required by NRS 288.180. 41 Sec. 16. NRS 319.060 is hereby amended to read as follows: 42 319.060 “Eligible family” means a person or family, selected 43 without regard to race, creed, national origin , [or] sex, sexual 44 orientation, or gender identity or expression, determined by the 45 – 16 – - *SB188* Division to require such assistance as is made available by this 1 chapter on account of insufficient personal or family income after 2 taking into consideration, without limitation, such factors as: 3 1. The amount of the total income of that person or family 4 available for housing needs; 5 2. The size of the family; 6 3. The cost and condition of housing facilities available; 7 4. The ability of the person or family to compete successfully 8 in the normal private housing market and to pay the amounts at 9 which private enterprise is providing decent, safe and sanitary 10 housing; 11 5. If appropriate, standards established for various federal 12 programs determining eligibility based on income of those persons 13 and families; and 14 6. Service in the Armed Forces of the United States with a 15 minimum of 90 days on active duty at some time between: 16 (a) April 21, 1898, and June 15, 1903; 17 (b) April 6, 1917, and November 11, 1918; 18 (c) December 7, 1941, and December 31, 1946; 19 (d) June 25, 1950, and January 31, 1955; or 20 (e) January 1, 1961, and May 7, 1975, 21 ¬ and at least 2 years’ continuous residence in Nevada immediately 22 preceding any application for assistance under this chapter. 23 Sec. 17. NRS 361.140 is hereby amended to read as follows: 24 361.140 1. In addition to the corporations defined by law to 25 be charitable corporations there are hereby included: 26 (a) Any corporation whose objects and purposes are religious, 27 educational or for public charity and whose funds have been derived 28 in whole or substantial part from grants or other donations from 29 governmental entities or donations from the general public, or both, 30 not including donations from any officer or trustee of the 31 corporation; and 32 (b) Any corporation prohibited by its articles of incorporation 33 from declaring or paying dividends, and where the money received 34 by it is devoted to the general purpose of charity and no portion of 35 the money is permitted to inure to the benefit of any private person 36 engaged in managing the charity, except reasonable compensation 37 for necessary services actually rendered to the charity, and where 38 indigent persons without regard to race , [or] color , sexual 39 orientation, or gender identity or expression may receive medical 40 care and attention without charge or cost. 41 2. All buildings belonging to a corporation defined in 42 subsection 1, together with the land actually occupied by the 43 corporation for the purposes described and the personal property 44 – 17 – - *SB188* actually used in connection therewith, are exempt from taxation 1 when used solely for the purpose of the charitable corporation. 2 Sec. 18. NRS 386.845 is hereby amended to read as follows: 3 386.845 1. A board of trustees of a school district may: 4 (a) Authorize for commercial advertising the use of buses owned 5 by the school district; and 6 (b) Establish the fees and other terms and conditions which are 7 applicable to such advertising. 8 2. Any advertising authorized pursuant to subsection 1: 9 (a) Must conform with all applicable local ordinances regarding 10 signs; and 11 (b) Must not: 12 (1) Promote hostility, disorder or violence; 13 (2) Attack [ethnic, racial or religious] groups [;] on the basis 14 of their ethnicity, race, religion, sexual orientation, or gender 15 identity or expression; 16 (3) Invade the rights of others; 17 (4) Inhibit the functioning of the school; 18 (5) Override the school’s identity; 19 (6) Promote the use of controlled substances, dangerous 20 drugs, intoxicating liquor, tobacco or firearms; 21 (7) Promote any religious organization; 22 (8) Contain political advertising; or 23 (9) Promote entertainment deemed improper or inappropriate 24 by the board of trustees. 25 3. The board of trustees of each school district that receives 26 money pursuant to subsection 1 shall establish a special revenue 27 fund and direct that the money it receives pursuant to subsection 1 28 be deposited in that fund. Money in the fund must not be 29 commingled with money from other sources. The board of trustees 30 shall disburse the money in the fund to the schools within its district 31 giving preference to the schools within the district that the district 32 has classified as serving a significant proportion of pupils who are 33 economically disadvantaged. 34 4. A school that receives money pursuant to subsection 3 shall 35 expend the money only to purchase textbooks and laboratory 36 equipment and to pay for field trips. 37 Sec. 19. NRS 388A.453 is hereby amended to read as follows: 38 388A.453 1. An application for enrollment in a charter 39 school may be submitted annually to the governing body of the 40 charter school by the parent or legal guardian of any child who 41 resides in this State. 42 2. Except as otherwise provided in subsections 1 to 5, 43 inclusive, NRS 388A.336 and subsections 1 and 2 of 44 – 18 – - *SB188* NRS 388A.456, a charter school shall enroll pupils who are eligible 1 for enrollment in the order in which the applications are received. 2 3. If the board of trustees of the school district in which the 3 charter school is located has established zones of attendance 4 pursuant to NRS 388.040, the charter school shall, if practicable, 5 ensure that the racial composition of pupils enrolled in the charter 6 school does not differ by more than 10 percent from the racial 7 composition of pupils who attend public schools in the zone in 8 which the charter school is located. 9 4. If a charter school is sponsored by the board of trustees of a 10 school district located in a county whose population is 100,000 or 11 more, except for a program of distance education provided by the 12 charter school, the charter school shall enroll pupils who are eligible 13 for enrollment who reside in the school district in which the charter 14 school is located before enrolling pupils who reside outside the 15 school district. 16 5. Except as otherwise provided in subsections 1 and 2 of NRS 17 388A.456, if more pupils who are eligible for enrollment apply for 18 enrollment in the charter school than the number of spaces which 19 are available, the charter school shall determine which applicants to 20 enroll pursuant to subsections 1 to 4, inclusive, on the basis of a 21 lottery system. 22 6. Except as otherwise provided in subsection 9, a charter 23 school shall not accept applications for enrollment in the charter 24 school or otherwise discriminate based on the: 25 (a) Race; 26 (b) Gender; 27 (c) Religion; 28 (d) Ethnicity; [or] 29 (e) Disability [,] ; 30 (f) Sexual orientation; or 31 (g) Gender identity or expression, 32 ¬ of a pupil. 33 7. A lottery held pursuant to subsection 5 must be held not 34 sooner than 45 days after the date on which a charter school begins 35 accepting applications for enrollment unless the sponsor of the 36 charter school determines there is good cause to hold it sooner. 37 8. If the governing body of a charter school determines that the 38 charter school is unable to provide an appropriate special education 39 program and related services for a particular disability of a pupil 40 who is enrolled in the charter school, the governing body may 41 request that the board of trustees of the school district of the county 42 in which the pupil resides transfer that pupil to an appropriate 43 school. 44 – 19 – - *SB188* 9. This section does not preclude the formation of a charter 1 school that is dedicated to provide educational services exclusively 2 to pupils: 3 (a) With disabilities; 4 (b) Who pose such severe disciplinary problems that they 5 warrant a specific educational program, including, without 6 limitation, a charter school specifically designed to serve a single 7 gender that emphasizes personal responsibility and rehabilitation; or 8 (c) Who are at risk. 9 ¬ If more eligible pupils apply for enrollment in such a charter 10 school than the number of spaces which are available, the charter 11 school shall determine which applicants to enroll pursuant to this 12 subsection on the basis of a lottery system. 13 Sec. 20. NRS 388B.060 is hereby amended to read as follows: 14 388B.060 The Department shall adopt any regulations 15 necessary or convenient to carry out the provisions of this chapter. 16 The regulations may prescribe, without limitation: 17 1. The process by which the Executive Director will solicit the 18 input of: 19 (a) Members of the community in which a public school is 20 located, including, without limitation, parents of pupils enrolled at 21 the public school, before selecting the public school for conversion 22 to an achievement charter school pursuant to NRS 388B.200; and 23 (b) Parents of pupils enrolled at a public school that has been 24 selected for conversion to an achievement charter school concerning 25 the needs of such pupils before approving an application to operate 26 the achievement charter school pursuant to NRS 388B.210. 27 2. The process by which the Executive Director will solicit 28 applications to operate an achievement charter school and the 29 procedure and criteria that the Executive Director must use when 30 evaluating such applications. 31 3. The manner in which the Executive Director will monitor 32 and evaluate pupil achievement and school performance of an 33 achievement charter school. 34 4. The process by which the parent or legal guardian of a child 35 may apply for enrollment in an achievement charter school, 36 including, without limitation, the required contents of the 37 application, and the criteria used to determine which pupils will be 38 enrolled in the achievement charter school. An achievement charter 39 school shall not accept applications for enrollment in the charter 40 school or otherwise discriminate based on the race, gender, religion, 41 ethnicity , [or] disability , sexual orientation, or gender identity or 42 expression of a pupil. 43 5. Circumstances under which the governing body of a charter 44 school may authorize a child who is enrolled in a public school of a 45 – 20 – - *SB188* school district or a private school or a homeschooled child to 1 participate in a class at an achievement charter school that is not 2 otherwise available to the child at his or her school or homeschool 3 or participate in an extracurricular activity at the achievement 4 charter school. 5 6. The procedure for converting an achievement charter school 6 into a public school. 7 Sec. 21. NRS 388C.010 is hereby amended to read as follows: 8 388C.010 1. The Legislature declares that the primary 9 consideration of the Legislature when enacting legislation regarding 10 the appropriate instruction of profoundly gifted pupils in Nevada is 11 to pursue all suitable means for the promotion of intellectual, 12 literary and scientific improvements to the system of public 13 instruction in a manner that will best serve the interests of all pupils, 14 including profoundly gifted pupils. 15 2. The Legislature further declares that there are pupils 16 enrolled in the public middle schools, junior high schools and high 17 schools in this State who are so profoundly gifted that their 18 educational needs are not being met by the schools in which they are 19 enrolled, and by participating in an accelerated program of 20 education, these pupils may obtain early admission to university 21 studies. These accelerated programs should be designed to address 22 the different and distinct learning styles and needs of these 23 profoundly gifted pupils. 24 3. It is the intent of the Legislature that participation in such 25 accelerated programs of education for profoundly gifted pupils be 26 open to all qualified applicants, regardless of race, culture, ethnicity 27 , [or] economic means, sexual orientation, or gender identity or 28 expression, and that specific criteria for admission into those 29 programs be designed to determine the potential for success of an 30 applicant. 31 4. It is further the intent of the Legislature to support and 32 encourage the ongoing development of innovative educational 33 programs and tools to improve the educational opportunities of 34 profoundly gifted pupils, regardless of race, culture, ethnicity , [or] 35 economic means , sexual orientation, or gender identity or 36 expression and to increase the educational opportunities of pupils 37 who are identified as profoundly gifted, gifted and talented, having 38 special educational needs or being at risk for underachievement. 39 Sec. 22. NRS 396.530 is hereby amended to read as follows: 40 396.530 The Board of Regents shall not discriminate in the 41 admission of students on account of national origin, religion, age, 42 physical disability, sex, sexual orientation, gender identity or 43 expression, race or color. 44 – 21 – - *SB188* Sec. 23. NRS 412.116 is hereby amended to read as follows: 1 412.116 1. The forces of the Nevada National Guard must be 2 organized, armed, disciplined, governed, administered and trained as 3 prescribed by applicable federal laws and regulations and Office 4 regulations. 5 2. It hereby is declared to be the policy of the State that there 6 must be an equality of treatment and opportunity for all persons in 7 the Nevada National Guard without regard to race, creed, color, 8 gender, sexual orientation , gender identity or expression, or 9 national origin. 10 3. As used in this section, “sexual orientation” means having or 11 being perceived as having an orientation for heterosexuality, 12 homosexuality or bisexuality. 13 Sec. 24. NRS 432.525 is hereby amended to read as follows: 14 432.525 A child placed in a foster home by an agency which 15 provides child welfare services has the right: 16 1. To receive information concerning his or her rights set forth 17 in this section and NRS 432.530 and 432.535. 18 2. To be treated with dignity and respect. 19 3. To fair and equal access to services, placement, care, 20 treatment and benefits. 21 4. To receive adequate, healthy, appropriate and accessible 22 food. 23 5. To receive adequate, appropriate and accessible clothing and 24 shelter. 25 6. To receive appropriate medical care, including, without 26 limitation: 27 (a) Dental, vision and mental health services; 28 (b) Medical and psychological screening, assessment and 29 testing; and 30 (c) Referral to and receipt of medical, emotional, psychological 31 or psychiatric evaluation and treatment as soon as practicable after 32 the need for such services has been identified. 33 7. To be free from: 34 (a) Abuse or neglect, as defined in NRS 432B.020; 35 (b) Corporal punishment, as defined in NRS 388.478; 36 (c) Unreasonable searches of his or her personal belongings or 37 other unreasonable invasions of privacy; 38 (d) The administration of psychotropic medication unless the 39 administration is consistent with NRS 432B.197 and the policies 40 established pursuant thereto; and 41 (e) Discrimination or harassment on the basis of his or her actual 42 or perceived race, ethnicity, ancestry, national origin, color, religion, 43 sex, sexual orientation, gender identity [,] or expression, mental or 44 – 22 – - *SB188* physical disability or exposure to the human immunodeficiency 1 virus. 2 8. To attend religious services of his or her choice or to refuse 3 to attend religious services. 4 9. Except for placement in a facility, as defined in NRS 5 432B.6072, not to be locked in any room, building or premise or to 6 be subject to other physical restraint or isolation. 7 10. Except as otherwise prohibited by the agency which 8 provides child welfare services: 9 (a) To send and receive unopened mail; and 10 (b) To maintain a bank account and manage personal income, 11 consistent with the age and developmental level of the child. 12 11. To complete an identification kit, including, without 13 limitation, photographing, and include the identification kit and his 14 or her photograph in a file maintained by the agency which provides 15 child welfare services and any employee thereof who provides child 16 welfare services to the child. 17 12. To communicate with other persons, including, without 18 limitation, the right: 19 (a) To communicate regularly, but not less often than once each 20 month, with an employee of the agency which provides child 21 welfare services who provides child welfare services to the child; 22 (b) To communicate confidentially with the agency which 23 provides child welfare services to the child concerning his or her 24 care; 25 (c) To report any alleged violation of his or her rights pursuant 26 to NRS 432.550 without being threatened or punished; 27 (d) Except as otherwise prohibited by a court order, to contact a 28 family member, social worker, attorney, advocate for children 29 receiving foster care services or guardian ad litem appointed by a 30 court or probation officer; and 31 (e) Except as otherwise prohibited by a court order and to the 32 extent practicable, to contact and visit his or her siblings, including 33 siblings who have not been placed in foster homes and to have such 34 contact arranged on a regular basis and on holidays, birthdays and 35 other significant life events, unless such contact is contrary to the 36 safety of the child or his or her siblings. 37 13. Not to have contact or visitation with a sibling withheld as 38 a form of punishment. 39 Sec. 25. NRS 463.151 is hereby amended to read as follows: 40 463.151 1. The Legislature hereby declares that the exclusion 41 or ejection of certain persons from licensed gaming establishments 42 which conduct pari-mutuel wagering or operate any race book, 43 sports pool or games, other than slot machines only, is necessary to 44 – 23 – - *SB188* effectuate the policies of this chapter and to maintain effectively the 1 strict regulation of licensed gaming. 2 2. The Commission may by regulation provide for the 3 establishment of a list of persons who are to be excluded or ejected 4 from any licensed gaming establishment which conducts pari- 5 mutuel wagering or operates any race book, sports pool or games, 6 other than slot machines only. The list may include any person 7 whose presence in the establishment is determined by the Board and 8 the Commission to pose a threat to the interests of this state or to 9 licensed gaming, or both. 10 3. In making that determination, the Board and the 11 Commission may consider any: 12 (a) Prior conviction of a crime which is a felony in this state or 13 under the laws of the United States, a crime involving moral 14 turpitude or a violation of the gaming laws of any state; 15 (b) Violation or conspiracy to violate the provisions of this 16 chapter relating to: 17 (1) The failure to disclose an interest in a gaming 18 establishment for which the person must obtain a license; or 19 (2) Willful evasion of fees or taxes; 20 (c) Notorious or unsavory reputation which would adversely 21 affect public confidence and trust that the gaming industry is free 22 from criminal or corruptive elements; or 23 (d) Written order of a governmental agency which authorizes the 24 exclusion or ejection of the person from an establishment at which 25 gaming or pari-mutuel wagering is conducted. 26 4. Race, color, creed, national origin or ancestry, [or] sex , 27 sexual orientation, or gender identity or expression must not be 28 grounds for placing the name of a person upon the list. 29 Sec. 26. NRS 463.15995 is hereby amended to read as 30 follows: 31 463.15995 1. The Commission shall, with the advice and 32 assistance of the Board, adopt regulations authorizing a gaming 33 licensee to charge a fee for admission to an area in which gaming is 34 conducted in accordance with the provisions of this section. 35 2. The regulations adopted by the Commission pursuant to this 36 section must include, without limitation, provisions that: 37 (a) A gaming licensee may not charge a fee pursuant to this 38 section unless: 39 (1) The Chair of the Board grants administrative approval of 40 a request by a gaming licensee to charge such a fee; and 41 (2) Such administrative approval is not revoked or suspended 42 by the Chair of the Board. 43 (b) The Chair of the Board may, in the Chair’s sole and absolute 44 discretion, grant, deny, limit, condition, restrict, revoke or suspend 45 – 24 – - *SB188* any administrative approval of a request by a gaming licensee to 1 charge a fee pursuant to this section. In considering such a request, 2 the Chair of the Board shall consider all relevant factors, including, 3 without limitation: 4 (1) The size of the area; 5 (2) The amount of gaming that occurs within the area; 6 (3) The types and quantity of gaming offered; 7 (4) The business purpose of the area; 8 (5) Other amenities that are offered within the area; 9 (6) The amount of the costs and expenses incurred in 10 creating the area; 11 (7) The benefit to the State in having gaming conducted 12 within the area; 13 (8) The amount of the fee charged and whether the fee 14 charged is unreasonable as compared to the prevailing practice 15 within the industry; and 16 (9) Whether the area should more appropriately be treated as 17 a gaming salon. 18 ¬ The decision of the Chair of the Board regarding such a request 19 may be appealed by the gaming licensee to the Commission 20 pursuant to its regulations. 21 (c) A gaming licensee who charges a fee pursuant to this 22 section: 23 (1) Shall deposit with the Board and thereafter maintain a 24 refundable revolving fund in an amount determined by the 25 Commission to pay the expenses of admission of agents of the 26 Board or Commission to the area for which a fee for admission is 27 charged. 28 (2) Shall arrange for access by agents of the Board or 29 Commission to the area for which a fee for admission is charged. 30 (3) Shall, at all times that a fee is charged for admission to an 31 area pursuant to this section in an establishment for which a 32 nonrestricted license has been issued, provide for the public at least 33 the same number of gaming devices and games in a different area 34 for which no fee is charged for admission. 35 (4) Shall, at all times that a fee is charged for admission to an 36 area pursuant to this section in an establishment for which a 37 restricted license has been issued, post a sign of a suitable size in a 38 conspicuous place near the entrance of the establishment that 39 provides notice to patrons that they do not need to pay an admission 40 fee or cover charge to engage in gaming. 41 (5) Shall not use a fee charged for admission to create a 42 private gaming area that is not operated in association or 43 conjunction with a nongaming activity, attraction or facility. 44 – 25 – - *SB188* (6) Shall not restrict admission to the area for which a fee for 1 admission is charged to a patron on the ground of race, color, 2 religion, national origin , sexual orientation, gender identity or 3 expression, or disability of the patron, and any unresolved dispute 4 with a patron concerning restriction of admission shall be deemed a 5 dispute as to the manner in which a game is conducted pursuant to 6 NRS 463.362 and must be resolved pursuant to NRS 463.362 to 7 463.366, inclusive. 8 (d) If a gaming licensee who holds a nonrestricted license 9 charges a fee pursuant to this section, unless the area for which a fee 10 for admission is charged is otherwise subject to the excise tax on 11 admission to any facility in this State where live entertainment is 12 provided pursuant to chapter 368A of NRS, the determination of the 13 amount of the liability of the gaming licensee for that tax: 14 (1) Includes the fees charged for admission pursuant to this 15 section; and 16 (2) Does not include charges for food, beverages and 17 merchandise collected in the area for which admission is charged. 18 Sec. 27. NRS 463.4076 is hereby amended to read as follows: 19 463.4076 1. The admission of a patron to a gaming salon: 20 (a) May be restricted on the basis of the financial criteria of the 21 patron as established by the licensee and approved by the Board; 22 and 23 (b) Must not be restricted on the basis of the race, color, 24 religion, national origin, ancestry, physical disability , [or] sex , 25 sexual orientation, or gender identity or expression of the patron. 26 2. Any unresolved dispute with a patron concerning restriction 27 of admission to a gaming salon shall be deemed a dispute as to the 28 manner in which a game is conducted pursuant to NRS 463.362 and 29 must be resolved pursuant to NRS 463.362 to 463.366, inclusive. 30 Sec. 28. NRS 645.635 is hereby amended to read as follows: 31 645.635 The Commission may take action pursuant to NRS 32 645.630 against any person subject to that section who is guilty of: 33 1. Offering real estate for sale or lease without the knowledge 34 and consent of the owner or the owner’s authorized agent or on 35 terms other than those authorized by the owner or the owner’s 36 authorized agent. 37 2. Negotiating a sale, exchange or lease of real estate, or 38 communicating after such negotiations but before closing, directly 39 with a client if the person knows that the client has a brokerage 40 agreement in force in connection with the property granting an 41 exclusive agency, including, without limitation, an exclusive right to 42 sell to another broker, unless permission in writing has been 43 obtained from the other broker. 44 – 26 – - *SB188* 3. Failure to deliver within a reasonable time a completed copy 1 of any purchase agreement or offer to buy or sell real estate to the 2 purchaser or to the seller, except as otherwise provided in subsection 3 4 of NRS 645.254. 4 4. Failure to deliver to the seller in each real estate transaction, 5 within 10 business days after the transaction is closed, a complete, 6 detailed closing statement showing all of the receipts and 7 disbursements handled by him or her for the seller, failure to deliver 8 to the buyer a complete statement showing all money received in the 9 transaction from the buyer and how and for what it was disbursed, 10 or failure to retain true copies of those statements in his or her files. 11 The furnishing of those statements by an escrow holder relieves the 12 broker’s, broker-salesperson’s or salesperson’s responsibility and 13 must be deemed to be in compliance with this provision. 14 5. Representing to any lender, guaranteeing agency or any 15 other interested party, verbally or through the preparation of false 16 documents, an amount in excess of the actual sale price of the real 17 estate or terms differing from those actually agreed upon. 18 6. Failure to produce any document, book or record in his or 19 her possession or under his or her control, concerning any real estate 20 transaction under investigation by the Division. 21 7. Failure to reduce a bona fide offer to writing where a 22 proposed purchaser requests that it be submitted in writing, except 23 as otherwise provided in subsection 4 of NRS 645.254. 24 8. Failure to submit all written bona fide offers to a seller when 25 the offers are received before the seller accepts an offer in writing 26 and until the broker has knowledge of that acceptance, except as 27 otherwise provided in subsection 4 of NRS 645.254. 28 9. Refusing because of race, color, national origin, sex , sexual 29 orientation, gender identity or expression, or ethnic group to show, 30 sell or rent any real estate for sale or rent to qualified purchasers or 31 renters. 32 10. Knowingly submitting any false or fraudulent appraisal to 33 any financial institution or other interested person. 34 11. Any violation of NRS 645C.557. 35 Sec. 29. NRS 648.193 is hereby amended to read as follows: 36 648.193 During a polygraphic examination, the examiner or 37 intern shall not make inquiries into the religion, political affiliations, 38 affiliations with labor organizations , sexual orientation, gender 39 identity or expression, or sexual activities of the person examined 40 unless the person’s religion , sexual orientation, gender identity or 41 expression, or those affiliations or activities are germane to the issue 42 under investigation and the inquiries are made at the request of the 43 person examined. 44 – 27 – - *SB188* Sec. 30. NRS 686A.680 is hereby amended to read as follows: 1 686A.680 An insurer that uses information from a consumer 2 credit report shall not: 3 1. Use an insurance score that is calculated using income, 4 gender, sexual orientation, gender identity or expression, address, 5 zip code, ethnic group, religion, marital status or nationality of the 6 consumer as a factor, or would otherwise lead to unfair or invidious 7 discrimination. 8 2. Deny, cancel or fail to renew a policy on the basis of credit 9 information unless the insurer also considers other applicable 10 underwriting factors that are independent of credit information and 11 not expressly prohibited by this section. 12 3. Base renewal rates for a policy upon credit information 13 unless the insurer also considers other applicable factors 14 independent of credit information. 15 4. Take an adverse action against an applicant or policyholder 16 based on the applicant or policyholder not having a credit card 17 account unless the insurer also considers other applicable factors 18 independent of credit information. 19 5. Consider an absence of credit information or an inability to 20 calculate an insurance score in underwriting or rating a policy unless 21 the insurer does any one of the following: 22 (a) Treats the applicant or policyholder as otherwise approved 23 by the Commissioner, after the insurer presents to the Commissioner 24 information indicating that such an absence or inability relates to the 25 risk for the insurer. 26 (b) Treats the applicant or policyholder as if the applicant or 27 policyholder had neutral credit information, as defined by the 28 insurer. 29 (c) Excludes the use of credit information as a factor, and uses 30 only underwriting criteria other than credit information. 31 6. Take an adverse action against an applicant or policyholder 32 based on credit information, unless an insurer obtains and uses a 33 consumer credit report issued or an insurance score calculated 34 within 90 days from the date the policy is first written or renewal is 35 issued. 36 7. Except as otherwise provided in this subsection, use credit 37 information regarding a policyholder without obtaining an updated 38 consumer credit report regarding the policyholder and recalculating 39 the insurance score at least once every 36 months. At the time of the 40 annual renewal of a policyholder’s policy, the insurer shall, upon the 41 request of the policyholder or the policyholder’s agent, reunderwrite 42 and rerate the policy based upon a current consumer credit report or 43 insurance score. An insurer need not, at the request of a policyholder 44 or the policyholder’s agent, recalculate the insurance score of or 45 – 28 – - *SB188* obtain an updated consumer credit report of the policyholder more 1 frequently than once in any 12-month period. An insurer may, at its 2 discretion, obtain an updated consumer credit report regarding a 3 policyholder more frequently than once every 36 months, if to do so 4 is consistent with the underwriting guidelines of the insurer. An 5 insurer does not need to obtain an updated consumer credit report 6 for a policyholder if any one of the following applies: 7 (a) The insurer is treating the policyholder as otherwise 8 approved by the Commissioner. 9 (b) The policyholder is in the most favorably-priced tier of the 10 insurer and all affiliates of the insurer. With respect to such a 11 policyholder, the insurer may elect to obtain an updated consumer 12 credit report if to do so is consistent with the underwriting 13 guidelines of the insurer. 14 (c) Credit information was not used for underwriting or rating 15 the policyholder when the policy was initially written. The fact that 16 credit information was not used initially does not preclude an 17 insurer from using such information subsequently when 18 underwriting or rating such a policyholder upon renewal, if to do so 19 is consistent with the underwriting guidelines of the insurer. 20 (d) The insurer reevaluates the policyholder at least once every 21 36 months based upon underwriting or rating factors other than 22 credit information. 23 8. Use the following as a negative factor in any insurance 24 scoring methodology or in reviewing credit information for the 25 purpose of underwriting or rating a policy: 26 (a) Credit inquiries not initiated by the applicant or policyholder, 27 or inquiries requested by the applicant or policyholder for his or her 28 own credit information. 29 (b) Inquiries relating to insurance coverage, if so identified on 30 the consumer credit report. 31 (c) Collection accounts relating to medical treatment, if so 32 identified on the consumer credit report. 33 (d) Multiple lender inquiries, if identified on the consumer credit 34 report as being related to home loans or mortgages and made within 35 30 days of one another, unless only one inquiry is considered. 36 (e) Multiple lender inquiries, if identified on the consumer credit 37 report as being related to a loan for an automobile and made within 38 30 days of one another, unless only one inquiry is considered. 39 Sec. 31. NRS 686B.060 is hereby amended to read as follows: 40 686B.060 In determining whether rates comply with the 41 standards under NRS 686B.050, the following criteria shall be 42 applied: 43 1. Due consideration shall be given to past and prospective loss 44 and expense experience within and outside of this state, to 45 – 29 – - *SB188* catastrophe hazards and contingencies, to trends within and outside 1 of this state, to loadings for leveling premium rates over time or for 2 dividends or savings to be allowed or returned by insurers to their 3 policyholders, members or subscribers, and to all other relevant 4 factors, including the judgment of technical personnel. 5 2. Risks may be classified in any reasonable way for the 6 establishment of rates and minimum premiums, except that 7 classifications may not be based on race, color, creed , [or] national 8 origin [.] , sexual orientation, or gender identity or expression. 9 Rates thus produced may be modified for individual risks in 10 accordance with rating plans or schedules which establish 11 reasonable standards for measuring probable variations in hazards, 12 expenses, or both. 13 3. The expense provisions included in the rates to be used by 14 an insurer may reflect the operating methods of the insurer and, so 15 far as it is credible, its own expense experience. 16 4. The rates may contain an allowance permitting a profit that 17 is not unreasonable in relation to the riskiness of the class of 18 business. 19 Sec. 32. NRS 687B.390 is hereby amended to read as follows: 20 687B.390 No insurer shall cancel or refuse to renew an 21 automobile liability insurance policy solely because of the age, 22 residence, race, color, creed, national origin, ancestry , sexual 23 orientation, gender identity or expression, or occupation of anyone 24 who is an insured. 25 Sec. 33. NRS 689C.520 is hereby amended to read as follows: 26 689C.520 1. Before the issuance of a certificate of 27 registration, each voluntary purchasing group shall, to the 28 satisfaction of the Commissioner: 29 (a) Establish the conditions of membership in the group and 30 require as a condition of membership that all employers include all 31 their eligible employees. The group may not differentiate among 32 classes of membership on the basis of the kind of employment, race, 33 religion, sex, sexual orientation, gender identity or expression, 34 education, health or income. The group shall set reasonable fees for 35 membership which will finance all reasonable and necessary costs 36 incurred in administering the group. 37 (b) Provide to members of the group and their eligible 38 employees information meeting the requirements of NRS 689C.440 39 regarding any proposed contracts. 40 2. In addition to the information required pursuant to 41 subsection 1, a voluntary purchasing group shall provide annually to 42 members of the group information regarding available benefits and 43 carriers. 44 – 30 – - *SB188* Sec. 34. Section 1.130 of the Charter of the City of Sparks, 1 being chapter 470, Statutes of Nevada 1975, as last amended by 2 chapter 32, Statutes of Nevada 2011, at page 134, is hereby 3 amended to read as follows: 4 Sec. 1.130 Certain activities prohibited. 5 1. A person shall not be appointed to or removed from, 6 or in any way favored or discriminated against with respect 7 to, any City position or appointive City administrative office 8 because of race, sex, sexual orientation, gender identity or 9 expression, religion, color, age, disability, marital status or 10 national origin, or because of political or personal reasons or 11 affiliations, except when based upon a bona fide occupational 12 qualification. 13 2. A person who seeks appointment or promotion with 14 respect to any City position or appointive City administrative 15 office shall not directly or indirectly give, render or pay any 16 money, service or other valuable thing to any person for or in 17 connection with his or her test, appointment, proposed 18 appointment, promotion or proposed promotion. 19 3. A person shall not orally, in writing or otherwise 20 solicit or assist in soliciting any assessment, subscription or 21 contribution for any elected officer of the City or candidate 22 for any City office from any person holding any compensated 23 appointive City position. 24 4. A person who holds any compensated appointive City 25 position shall not make, solicit or receive any contribution of 26 campaign funds for any elected officer of the City or 27 candidate for any City office or take any part in the 28 management, affairs or political campaign of the candidate. 29 5. Any person who by himself, herself or with others 30 willfully violates any of the provisions of subsections 1, 2 or 31 3 is subject to the jurisdiction of the Justice Court of the 32 Township of Sparks and is guilty of a misdemeanor, 33 punishable by a fine of not more than $500 or by 34 imprisonment for not more than 6 months, or both. 35 6. Any person who violates any of the provisions of this 36 section shall be ineligible to hold any City office or position 37 for a period of 5 years and, if the person is an officer or 38 employee of the City, shall immediately forfeit his or her 39 office or position. 40 7. As used in this section: 41 (a) “Gender identity or expression” has the meaning 42 ascribed to it in section 4 of this act. 43 (b) “Sexual orientation” has the meaning ascribed to it 44 in section 5 of this act. 45 – 31 – - *SB188* Sec. 35. This act becomes effective on July 1, 2017. 1 H

- 79th Session (2017) Senate Bill No. 188–Senators Parks; Cannizzaro and Ford CHAPTER.......... AN ACT relating to discrimination; revising existing provisions that prohibit various types of discrimination to include discrimination on the basis of sexual orientation and gender identity or expression; providing a penalty; and providing other matters properly relating thereto. Legislative Counsel’s Digest: This bill revises provisions of existing law that prohibit various types of discrimination and discriminatory practices to include gender identity or expression and sexual orientation. Sections 4 and 5 of this bill define the terms “gender identity or expression” and “sexual orientation,” respectively, and make those definitions applicable to the Nevada Revised Statutes as a whole. Sections 1 and 2 of this bill revise provisions governing the Nevada Equal Rights Commission by: (1) requiring the membership of the Commission to be representative of groups based on sexual orientation and gender identity or expression; and (2) revising the Commission’s duties to include fostering mutual understanding, studying problems between and securing the cooperation of groups based upon sexual orientation and gender identity or expression. (NRS 233.040, 233.140) Existing law makes voidable certain discriminatory provisions in a written instrument relating to real property that purport to forbid or restrict the conveyance, encumbrance, leasing or mortgaging or purports to limit, restrict or prohibit the use or occupation of the real property. (NRS 111.237) Section 6 of this bill makes such provisions voidable when based on sexual orientation or gender identity or expression. Under existing law, certain persons may file a petition in a child custody proceeding seeking abduction prevention measures to protect the child. (NRS 125D.150) Section 7 of this bill adds to the list of factors for consideration by the court by requiring consideration of whether the petitioner or respondent is likely to take the child to a country that restricts travel or exiting the country based on the sexual orientation or gender identity or expression of either the petitioner or the child. (NRS 125D.180) Section 8 of this bill adds an offender’s sexual orientation and gender identity or expression to the elements considered by the Advisory Commission on the Administration of Justice when reviewing whether offenders receive disparate sentences and recommending changes to the structure of sentencing. (NRS 176.0125) Section 9 of this bill revises the circumstances under which murder of the first degree may be aggravated by adding the circumstance if the murder was committed upon the person because of his or her actual or perceived gender identity or expression. (NRS 200.033) Section 10 of this bill expands the subject matter of publications offenders are prohibited from possessing or receiving while in custody by including publications that encourage or glamorize violence against persons of a particular sexual orientation or gender identity or expression. (NRS 209.365) Section 11 of this bill revises the eligibility requirements for a grant from the Account for Aid for Victims of Domestic Violence by requiring a nonprofit corporation applying for a grant to provide its services without discrimination on the basis of sexual orientation or gender identity or expression. (NRS 217.420) – 2 – - 79th Session (2017) Existing law requires the Executive Director of the Office of Economic Development and authorizes a state agency to adopt regulations exempting a business within specially benefited zones from certain regulations. (NRS 274.110- 274.130) Section 12 of this bill revises the exceptions to the exemptions by providing that a business may not be exempt from a regulation adopted pursuant to a statute whose purpose is the protection of persons against discrimination based on sexual orientation and gender identity or expression. (NRS 274.140) Sections 13-15 of this bill revise provisions governing the state personnel system and relations with local government employers to prohibit discrimination on the basis of sexual orientation or gender identity or expression. (NRS 284.150, 284.385, 288.270) Section 16 of this bill revises the definition of “eligible family” for purposes of determining eligibility for assistance with low-income housing to include a person or family selected without regard to sexual orientation or gender identity or expression. (NRS 319.060) Existing law exempts certain organizations, in addition to those defined by law as charitable corporations, from taxation on certain personal and real property, including any corporation that, among other factors, where indigent persons may receive medical care and attention without regard to race or color. (NRS 361.140) Section 17 of this bill adds the requirement that indigent persons may receive medical care and attention without regard to sexual orientation or gender identity or expression. Section 18 of this bill revises the restrictions for commercial advertising on a school bus by prohibiting advertising that attacks groups based on sexual orientation or gender identity or expression. (NRS 386.845) Sections 19-22 of this bill prohibit discrimination based upon the sexual orientation or gender identity or expression for enrollment in a charter school, achievement charter school, university school for profoundly gifted pupils or the Nevada System of Higher Education. (NRS 388A.453, 388B.060, 388C.010, 396.530) Section 23 of this bill revises the declaration of policy of the State that there must be an equality of treatment and opportunity for all persons in the Nevada National Guard to also include without regard to gender identity or expression. Sections 25-27 of this bill revise provisions governing the administration of gaming and gaming establishments to prohibit discrimination based upon sexual orientation or gender identity or expression. (NRS 463.151, 463.15995, 463.4076) Section 28 of this bill adds to the grounds for disciplinary action by the Real Estate Commission against a person licensed by the Commission, property manager or owner-developer if that person refuses to show, sell or rent any real estate for sale or rent to a qualified purchaser or renter based on his or her sexual orientation or gender identity or expression. (NRS 645.635) Sections 29 of this bill prohibits a polygraph examiner or intern from inquiring about the sexual orientation or gender identity or expression of the person examined unless such information is germane to the issue under investigation and the inquiries are made at the request of the examinee. (NRS 648.193) Section 30 of this bill amends existing law by prohibiting an insurer that uses a consumer credit report from calculating an insurance score based on a person’s sexual orientation or gender identity or expression. (NRS 686A.680) Section 31 of this bill revises the type of risk classifications used by insurers to prohibit an insurer from using classifications based on sexual orientation or gender identity or expression. (NRS 686B.060) Section 32 of this bill prohibits an insurer from cancelling or refusing to renew a policy of automobile liability insurance based solely upon the sexual orientation or gender identity or expression of the insured – 3 – - 79th Session (2017) and, by reference, makes it an unfair practice in settling claims. (NRS 687B.390) Under existing law, the Commissioner of Insurance is authorized to issue a certificate of registration to a voluntary purchasing group that meets certain requirements. Section 33 of this bill revises those requirements by including a prohibition on differentiating among members of the group based on the sexual orientation or gender identity or expression of a member. (NRS 689C.520) Section 34 of this bill amends the Charter of the City of Sparks to add a person’s gender identity or expression, as defined by section 4, to the circumstances under which a person shall not be appointed or removed from, or favored or discriminated against a City position or appointive administrative office. (Sparks City Charter § 1.130) EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 233.040 is hereby amended to read as follows: 233.040 The members of the Commission must be representative of [religious, disabled, racial and ethnic] all groups [of] , including, without limitation, those based on religion, disability, race, ethnicity, sexual orientation, and gender identity or expression, and representative of both sexes in the State. Sec. 2. NRS 233.140 is hereby amended to read as follows: 233.140 The Commission shall: 1. Foster mutual understanding and respect among all [racial, religious, disabled and ethnic] groups , including, without limitation, those based on race, religion, disability, ethnicity, sexual orientation and gender identity or expression, and between the sexes in the State. 2. Aid in securing equal health and welfare services and facilities for all the residents of the State without regard to race, religion, sex, sexual orientation, gender identity or expression, age, disability or nationality. 3. Study problems arising between groups within the State which may result in tensions, discrimination or prejudice because of race, color, creed, sex, sexual orientation, gender identity or expression, age, disability, national origin or ancestry, and formulate and carry out programs of education and disseminate information with the object of discouraging and eliminating any such tensions, prejudices or discrimination. 4. Secure the cooperation of various [racial, religious, disabled, nationality and ethnic] groups, including, without limitation, those based on race, religion, sex, sexual orientation, gender identity or expression, age, disability, nationality and ethnicity, veterans’ – 4 – - 79th Session (2017) organizations, labor organizations, business and industry organizations and fraternal, benevolent and service groups, in educational campaigns devoted to the need for eliminating group prejudice, racial or area tensions, intolerance or discrimination. 5. Cooperate with and seek the cooperation of federal and state agencies and departments in carrying out projects within their respective authorities to eliminate intergroup tensions and to promote intergroup harmony. Sec. 3. The preliminary chapter of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act. Sec. 4. Except as otherwise expressly provided in a particular statute or required by the context, “gender identity or expression” and any variation of that term means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth. Sec. 5. Except as otherwise expressly provided in a particular statute or required by the context, “sexual orientation” and any variation of that term means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality. Sec. 6. NRS 111.237 is hereby amended to read as follows: 111.237 1. Every provision in a written instrument relating to real property which purports to forbid or restrict the conveyance, encumbrance, leasing or mortgaging of such real property to any person of a specified race, color, religion, ancestry , [or] national origin , sexual orientation, or gender identity or expression is voidable by the grantee, the grantee’s successors and assigns in the manner prescribed in subsection 3 and every restriction or prohibition as to the use or occupation of real property because of the user’s or occupier’s race, color, religion, ancestry , [or] national origin , sexual orientation, or gender identity or expression is voidable by the grantee, the grantee’s successors and assigns in the manner prescribed in subsection 3. 2. Every restriction or prohibition, whether by way of covenant, condition upon use or occupation, or upon transfer of title to real property, which restriction or prohibition directly or indirectly limits the acquisition, use or occupation of such property because of the acquirer’s, user’s or occupier’s race, color, religion, ancestry , [or] national origin , sexual orientation, or gender identity or expression is voidable by the grantee, the grantee’s successors and assigns in the manner prescribed in subsection 3. 3. The owner or owners of any real property subject to any restriction or prohibition specified in subsections 1 and 2 may record an affidavit declaring such restrictions or prohibitions to be – 5 – - 79th Session (2017) void in the office of the county recorder in which such real property is located, and such recording shall operate to remove such restrictions or prohibitions. Sec. 7. NRS 125D.180 is hereby amended to read as follows: 125D.180 1. In determining whether there is a credible risk of abduction of a child, the court shall consider any evidence that the petitioner or respondent: (a) Has previously abducted or attempted to abduct the child; (b) Has threatened to abduct the child; (c) Has recently engaged in activities that may indicate a planned abduction, including: (1) Abandoning employment; (2) Selling a primary residence; (3) Terminating a lease; (4) Closing bank or other financial management accounts, liquidating assets, hiding or destroying financial documents, or conducting any unusual financial activities; (5) Applying for a passport or visa or obtaining travel documents for the respondent, a family member or the child; or (6) Seeking to obtain the child’s birth certificate or school or medical records; (d) Has engaged in domestic violence, stalking, or child abuse or neglect; (e) Has refused to follow a child custody determination; (f) Lacks strong familial, financial, emotional or cultural ties to the State or the United States; (g) Has strong familial, financial, emotional or cultural ties to another state or country; (h) Is likely to take the child to a country that: (1) Is not a party to the Hague Convention on the Civil Aspects of International Child Abduction and does not provide for the extradition of an abducting parent or for the return of an abducted child; (2) Is a party to the Hague Convention on the Civil Aspects of International Child Abduction but: (I) The Hague Convention on the Civil Aspects of International Child Abduction is not in force between the United States and that country; (II) Is noncompliant according to the most recent compliance report issued by the United States Department of State; or – 6 – - 79th Session (2017) (III) Lacks legal mechanisms for immediately and effectively enforcing a return order pursuant to the Hague Convention on the Civil Aspects of International Child Abduction; (3) Poses a risk that the child’s physical or emotional health or safety would be endangered in the country because of specific circumstances relating to the child or because of human rights violations committed against children; (4) Has laws or practices that would: (I) Enable the respondent, without due cause, to prevent the petitioner from contacting the child; (II) Restrict the petitioner from freely traveling to or exiting from the country because of the petitioner’s gender, sexual orientation, gender identity or expression, nationality, marital status or religion; or (III) Restrict the child’s ability legally to leave the country after the child reaches the age of majority because of the child’s gender, sexual orientation, gender identity or expression, nationality or religion; (5) Is included by the United States Department of State on a current list of state sponsors of terrorism; (6) Does not have an official United States diplomatic presence in the country; or (7) Is engaged in active military action or war, including a civil war, to which the child may be exposed; (i) Is undergoing a change in immigration or citizenship status that would adversely affect the respondent’s ability to remain in the United States legally; (j) Has had an application for United States citizenship denied; (k) Has forged or presented misleading or false evidence on government forms or supporting documents to obtain or attempt to obtain a passport, a visa, travel documents, a social security card, a driver’s license or other government-issued identification card or has made a misrepresentation to the United States Government; (l) Has used multiple names to attempt to mislead or defraud; or (m) Has engaged in any other conduct the court considers relevant to the risk of abduction. 2. In the hearing on a petition pursuant to the provisions of this chapter, the court shall consider any evidence that the respondent believed in good faith that the respondent’s conduct was necessary to avoid imminent harm to the child or respondent and any other evidence that may be relevant to whether the respondent may be permitted to remove or retain the child. – 7 – - 79th Session (2017) 3. If the court finds during the hearing on the petition that the respondent’s conduct is intended to avoid imminent harm to the child or respondent, the court shall not issue an abduction prevention order. Sec. 8. NRS 176.0125 is hereby amended to read as follows: 176.0125 The Commission shall: 1. Identify and study the elements of this State’s system of criminal justice which affect the sentences imposed for felonies and gross misdemeanors. 2. Evaluate the effectiveness and fiscal impact of various policies and practices regarding sentencing which are employed in this State and other states, including, but not limited to, the use of plea bargaining, probation, programs of intensive supervision, programs of regimental discipline, imprisonment, sentencing recommendations, mandatory and minimum sentencing, mandatory sentencing for crimes involving the possession, manufacture and distribution of controlled substances, structured or tiered sentencing, enhanced penalties for habitual criminals, parole, credits against sentences, residential confinement and alternatives to incarceration. 3. Recommend changes in the structure of sentencing in this State which, to the extent practicable and with consideration for their fiscal impact, incorporate general objectives and goals for sentencing, including, but not limited to, the following: (a) Offenders must receive sentences that increase in direct proportion to the severity of their crimes and their histories of criminality. (b) Offenders who have extensive histories of criminality or who have exhibited a propensity to commit crimes of a predatory or violent nature must receive sentences which reflect the need to ensure the safety and protection of the public and which allow for the imprisonment for life of such offenders. (c) Offenders who have committed offenses that do not include acts of violence and who have limited histories of criminality must receive sentences which reflect the need to conserve scarce economic resources through the use of various alternatives to traditional forms of incarceration. (d) Offenders with similar histories of criminality who are convicted of similar crimes must receive sentences that are generally similar. (e) Offenders sentenced to imprisonment must receive sentences which do not confuse or mislead the public as to the actual time those offenders must serve while incarcerated or before being released from confinement or supervision. – 8 – - 79th Session (2017) (f) Offenders must not receive disparate sentences based upon factors such as race, gender , sexual orientation, gender identity or expression, or economic status. (g) Offenders must receive sentences which are based upon the specific circumstances and facts of their offenses, including the nature of the offense and any aggravating factors, the savagery of the offense, as evidenced by the extent of any injury to the victim, and the degree of criminal sophistication demonstrated by the offender’s acts before, during and after commission of the offense. 4. Evaluate the effectiveness and efficiency of the Department of Corrections and the State Board of Parole Commissioners with consideration as to whether it is feasible and advisable to establish an oversight or advisory board to perform various functions and make recommendations concerning: (a) Policies relating to parole; (b) Regulatory procedures and policies of the State Board of Parole Commissioners; (c) Policies for the operation of the Department of Corrections; (d) Budgetary issues; and (e) Other related matters. 5. Evaluate the effectiveness of specialty court programs in this State with consideration as to whether such programs have the effect of limiting or precluding reentry of offenders and parolees into the community. 6. Evaluate the policies and practices concerning presentence investigations and reports made by the Division of Parole and Probation of the Department of Public Safety, including, without limitation, the resources relied on in preparing such investigations and reports and the extent to which judges in this State rely on and follow the recommendations contained in such presentence investigations and reports. 7. Evaluate, review and comment upon issues relating to juvenile justice in this State, including, but not limited to: (a) The need for the establishment and implementation of evidence-based programs and a continuum of sanctions for children who are subject to the jurisdiction of the juvenile court; and (b) The impact on the criminal justice system of the policies and programs of the juvenile justice system. 8. Compile and develop statistical information concerning sentencing in this State. 9. Identify and study issues relating to the application of chapter 241 of NRS to meetings held by the: – 9 – - 79th Session (2017) (a) State Board of Pardons Commissioners to consider an application for clemency; and (b) State Board of Parole Commissioners to consider an offender for parole. 10. Identify and study issues relating to the operation of the Department of Corrections, including, without limitation, the system for allowing credits against the sentences of offenders, the accounting of such credits and any other policies and procedures of the Department which pertain to the operation of the Department. 11. Evaluate the policies and practices relating to the involuntary civil commitment of sexually dangerous persons. 12. Identify and study the impacts and effects of collateral consequences of convictions in this State. Such identification and study: (a) Must cause to be identified any provision in the Nevada Constitution, the Nevada Revised Statutes and the Nevada Administrative Code which imposes a collateral sanction or authorizes the imposition of a disqualification, and any provision of law that may afford relief from a collateral consequence; (b) May rely on the study of this State’s collateral sanctions, disqualifications and relief provisions prepared by the National Institute of Justice described in section 510 of the Court Security Improvement Act of 2007, Public Law 110-177; and (c) Must include the posting of a hyperlink on the Commission’s website to any study of this State’s collateral sanctions, disqualifications and relief provisions prepared by the National Institute of Justice described in section 510 of the Court Security Improvement Act of 2007, Public Law 110-177. 13. For each regular session of the Legislature, prepare a comprehensive report including the Commission’s recommended changes pertaining to the administration of justice in this State, the Commission’s findings and any recommendations of the Commission for proposed legislation. The report must be submitted to the Director of the Legislative Counsel Bureau for distribution to the Legislature not later than September 1 of each even-numbered year. Sec. 9. NRS 200.033 is hereby amended to read as follows: 200.033 The only circumstances by which murder of the first degree may be aggravated are: 1. The murder was committed by a person under sentence of imprisonment. – 10 – - 79th Session (2017) 2. The murder was committed by a person who, at any time before a penalty hearing is conducted for the murder pursuant to NRS 175.552, is or has been convicted of: (a) Another murder and the provisions of subsection 12 do not otherwise apply to that other murder; or (b) A felony involving the use or threat of violence to the person of another and the provisions of subsection 4 do not otherwise apply to that felony. ¬ For the purposes of this subsection, a person shall be deemed to have been convicted at the time the jury verdict of guilt is rendered or upon pronouncement of guilt by a judge or judges sitting without a jury. 3. The murder was committed by a person who knowingly created a great risk of death to more than one person by means of a weapon, device or course of action which would normally be hazardous to the lives of more than one person. 4. The murder was committed while the person was engaged, alone or with others, in the commission of, or an attempt to commit or flight after committing or attempting to commit, any robbery, arson in the first degree, burglary, invasion of the home or kidnapping in the first degree, and the person charged: (a) Killed or attempted to kill the person murdered; or (b) Knew or had reason to know that life would be taken or lethal force used. 5. The murder was committed to avoid or prevent a lawful arrest or to effect an escape from custody. 6. The murder was committed by a person, for himself or herself or another, to receive money or any other thing of monetary value. 7. The murder was committed upon a peace officer or firefighter who was killed while engaged in the performance of his or her official duty or because of an act performed in his or her official capacity, and the defendant knew or reasonably should have known that the victim was a peace officer or firefighter. For the purposes of this subsection, “peace officer” means: (a) An employee of the Department of Corrections who does not exercise general control over offenders imprisoned within the institutions and facilities of the Department, but whose normal duties require the employee to come into contact with those offenders when carrying out the duties prescribed by the Director of the Department. – 11 – - 79th Session (2017) (b) Any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, when carrying out those powers. 8. The murder involved torture or the mutilation of the victim. 9. The murder was committed upon one or more persons at random and without apparent motive. 10. The murder was committed upon a person less than 14 years of age. 11. The murder was committed upon a person because of the actual or perceived race, color, religion, national origin, physical or mental disability , [or] sexual orientation , or gender identity or expression of that person. 12. The defendant has, in the immediate proceeding, been convicted of more than one offense of murder in the first or second degree. For the purposes of this subsection, a person shall be deemed to have been convicted of a murder at the time the jury verdict of guilt is rendered or upon pronouncement of guilt by a judge or judges sitting without a jury. 13. The person, alone or with others, subjected or attempted to subject the victim of the murder to nonconsensual sexual penetration immediately before, during or immediately after the commission of the murder. For the purposes of this subsection: (a) “Nonconsensual” means against the victim’s will or under conditions in which the person knows or reasonably should know that the victim is mentally or physically incapable of resisting, consenting or understanding the nature of his or her conduct, including, but not limited to, conditions in which the person knows or reasonably should know that the victim is dead. (b) “Sexual penetration” means cunnilingus, fellatio or any intrusion, however slight, of any part of the victim’s body or any object manipulated or inserted by a person, alone or with others, into the genital or anal openings of the body of the victim, whether or not the victim is alive. The term includes, but is not limited to, anal intercourse and sexual intercourse in what would be its ordinary meaning. 14. The murder was committed on the property of a public or private school, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties by a person who intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person. For the purposes of this subsection, “school bus” has the meaning ascribed to it in NRS 483.160. – 12 – - 79th Session (2017) 15. The murder was committed with the intent to commit, cause, aid, further or conceal an act of terrorism. For the purposes of this subsection, “act of terrorism” has the meaning ascribed to it in NRS 202.4415. Sec. 10. NRS 209.365 is hereby amended to read as follows: 209.365 1. The Director shall adopt, with the approval of the Board, regulations establishing and governing a program, to be carried out within each facility and institution, to prevent an offender from possessing or receiving a publication which is detrimental to the offender’s rehabilitation or which has the potential to disrupt security or promote violence or disorder in the facility or institution because the subject matter of the publication: (a) Is sexually explicit; (b) Is graphically violent; or (c) Encourages or glamorizes: (1) Crime; (2) The activities of a criminal gang; or (3) Violence against law enforcement, women, children or members of a particular religion, ethnic group or race [.] or persons of a particular sexual orientation or gender identity or expression. 2. The regulations must provide that if an offender is prohibited from possessing or receiving a publication pursuant to this section, the offender possessing or receiving the publication must be provided with notice of the determination and an opportunity to appeal the determination. An appeal may be summarily denied if the appeal involves a publication that is similar to a publication that previously has been prohibited. 3. The establishment of the program required pursuant to this section does not affect: (a) The authority of the Department to review materials that are possessed or received by an offender, including, but not limited to, publications, for any other lawful purpose or reason; or (b) The procedures used by the Department to conduct such reviews. 4. The Department and its officers, employees and independent contractors are immune from liability for damages arising from an act or omission that allows an offender to possess or receive a publication that is prohibited pursuant to this section. 5. As used in this section: (a) “Criminal gang” has the meaning ascribed to it in NRS 213.1263. (b) “Publication” means a book, magazine, newsletter, bulletin, pamphlet or other similar item as determined by the Director. – 13 – - 79th Session (2017) Sec. 11. NRS 217.420 is hereby amended to read as follows: 217.420 To be eligible for a grant from the Account for Aid for Victims of Domestic Violence, an applicant must: 1. Be a nonprofit corporation, incorporated or qualified in this state. 2. Be governed by a board of trustees which reflects the racial, ethnic, economic and social composition of the county to be served and includes at least one trustee who has been a victim of domestic violence. 3. Receive at least 15 percent of its money from sources other than the Federal Government, the State, any local government or other public body or their instrumentalities. Any goods or services which are contributed to the organization may be assigned their reasonable monetary value for the purpose of complying with the requirement of this subsection. 4. Provide its services exclusively for victims of domestic violence and only within this state. 5. Require its employees and volunteer assistants to maintain the confidentiality of any information which would identify persons receiving the services. 6. Provide its services without any discrimination on the basis of race, religion, color, age, sex, sexual orientation, gender identity or expression, marital status, national origin or ancestry. 7. Be able to provide: (a) Except in counties whose population is less than 100,000, shelter to victims on any day, at any hour. (b) A telephone service capable of receiving emergency calls on any day, at any hour. (c) Except in counties whose population is less than 100,000, facilities where food can be stored and prepared. (d) Counseling, or make referrals for counseling, for victims or spouses of victims and their children. (e) Assistance to victims in obtaining legal, medical, psychological or vocational help. (f) Education and training for members of the community on matters which relate to domestic violence. Sec. 12. NRS 274.140 is hereby amended to read as follows: 274.140 1. The provisions of NRS 274.110, 274.120 and subsection 1 of NRS 274.130 do not apply to regulations adopted pursuant to any statute whose purpose is the protection of the environment, the preservation of historic places and landmarks, or the protection of persons against discrimination on the basis of race, – 14 – - 79th Session (2017) color, religion, sex, sexual orientation, gender identity or expression, marital status, national origin or handicap. 2. No exemption, modification or alternative to any regulation adopted under NRS 274.110, 274.120 or 274.130 is effective which: (a) Presents a significant risk to the health or safety of persons resident in or employed within a specially benefited zone; (b) Conflicts with federal law or regulations such that the State, or any local government or any area of the State other than specially benefited zones, or any business located outside of a specially benefited zone would be disqualified from a federal program or from federal tax benefits or other benefits; (c) Suspends or modifies a regulation specifically required by law; or (d) Eliminates or reduces benefits to persons who are residents of or employed within a zone. Sec. 13. NRS 284.150 is hereby amended to read as follows: 284.150 1. The classified service of the State of Nevada is comprised of all positions in the public service now existing or hereafter created which are: (a) Lawfully designated as being in the classified service; and (b) Filled according to merit and fitness from eligible lists prepared upon the basis of examination, which must be open and competitive, except as otherwise provided in this chapter and NRS 209.161. 2. Except as otherwise provided in NRS 193.105, 209.161 and 416.070, a person must not be appointed, transferred, promoted, demoted or discharged in the classified service in any manner or by any means other than those prescribed in this chapter and the regulations adopted in accordance therewith. 3. A person must not be discriminated against on account of the person’s religious opinions or affiliations, race, sex, sexual orientation, gender identity or expression, age or disability. Sec. 14. NRS 284.385 is hereby amended to read as follows: 284.385 1. An appointing authority may: (a) Dismiss or demote any permanent classified employee when the appointing authority considers that the good of the public service will be served thereby. (b) Except as otherwise provided in NRS 284.148, suspend without pay, for disciplinary purposes, a permanent employee for a period not to exceed 30 days. 2. Before a permanent classified employee is dismissed, involuntarily demoted or suspended, the appointing authority must consult with the Attorney General or, if the employee is employed – 15 – - 79th Session (2017) by the Nevada System of Higher Education, the appointing authority’s general counsel, regarding the proposed discipline. After such consultation, the appointing authority may take such lawful action regarding the proposed discipline as it deems necessary under the circumstances. 3. A dismissal, involuntary demotion or suspension does not become effective until the employee is notified in writing of the dismissal, involuntary demotion or suspension and the reasons therefor. The Commission shall adopt regulations setting forth the procedures for properly notifying the employee of the dismissal, involuntary demotion or suspension and the reasons therefor. 4. No employee in the classified service may be dismissed for [religious or racial reasons.] any reason relating to his or her religion, race, sexual orientation, or gender identity or expression. Sec. 15. NRS 288.270 is hereby amended to read as follows: 288.270 1. It is a prohibited practice for a local government employer or its designated representative willfully to: (a) Interfere, restrain or coerce any employee in the exercise of any right guaranteed under this chapter. (b) Dominate, interfere or assist in the formation or administration of any employee organization. (c) Discriminate in regard to hiring, tenure or any term or condition of employment to encourage or discourage membership in any employee organization. (d) Discharge or otherwise discriminate against any employee because the employee has signed or filed an affidavit, petition or complaint or given any information or testimony under this chapter, or because the employee has formed, joined or chosen to be represented by any employee organization. (e) Refuse to bargain collectively in good faith with the exclusive representative as required in NRS 288.150. Bargaining collectively includes the entire bargaining process, including mediation and fact-finding, provided for in this chapter. (f) Discriminate because of race, color, religion, sex, sexual orientation, gender identity or expression, age, physical or visual handicap, national origin or because of political or personal reasons or affiliations. (g) Fail to provide the information required by NRS 288.180. 2. It is a prohibited practice for a local government employee or for an employee organization or its designated agent willfully to: (a) Interfere with, restrain or coerce any employee in the exercise of any right guaranteed under this chapter. – 16 – - 79th Session (2017) (b) Refuse to bargain collectively in good faith with the local government employer, if it is an exclusive representative, as required in NRS 288.150. Bargaining collectively includes the entire bargaining process, including mediation and fact-finding, provided for in this chapter. (c) Discriminate because of race, color, religion, sex, sexual orientation, gender identity or expression, age, physical or visual handicap, national origin or because of political or personal reasons or affiliations. (d) Fail to provide the information required by NRS 288.180. Sec. 16. NRS 319.060 is hereby amended to read as follows: 319.060 “Eligible family” means a person or family, selected without regard to race, creed, national origin , [or] sex, sexual orientation, or gender identity or expression, determined by the Division to require such assistance as is made available by this chapter on account of insufficient personal or family income after taking into consideration, without limitation, such factors as: 1. The amount of the total income of that person or family available for housing needs; 2. The size of the family; 3. The cost and condition of housing facilities available; 4. The ability of the person or family to compete successfully in the normal private housing market and to pay the amounts at which private enterprise is providing decent, safe and sanitary housing; 5. If appropriate, standards established for various federal programs determining eligibility based on income of those persons and families; and 6. Service in the Armed Forces of the United States with a minimum of 90 days on active duty at some time between: (a) April 21, 1898, and June 15, 1903; (b) April 6, 1917, and November 11, 1918; (c) December 7, 1941, and December 31, 1946; (d) June 25, 1950, and January 31, 1955; or (e) January 1, 1961, and May 7, 1975, ¬ and at least 2 years’ continuous residence in Nevada immediately preceding any application for assistance under this chapter. Sec. 17. NRS 361.140 is hereby amended to read as follows: 361.140 1. In addition to the corporations defined by law to be charitable corporations there are hereby included: (a) Any corporation whose objects and purposes are religious, educational or for public charity and whose funds have been derived in whole or substantial part from grants or other donations from – 17 – - 79th Session (2017) governmental entities or donations from the general public, or both, not including donations from any officer or trustee of the corporation; and (b) Any corporation prohibited by its articles of incorporation from declaring or paying dividends, and where the money received by it is devoted to the general purpose of charity and no portion of the money is permitted to inure to the benefit of any private person engaged in managing the charity, except reasonable compensation for necessary services actually rendered to the charity, and where indigent persons without regard to race , [or] color , sexual orientation, or gender identity or expression may receive medical care and attention without charge or cost. 2. All buildings belonging to a corporation defined in subsection 1, together with the land actually occupied by the corporation for the purposes described and the personal property actually used in connection therewith, are exempt from taxation when used solely for the purpose of the charitable corporation. Sec. 18. NRS 386.845 is hereby amended to read as follows: 386.845 1. A board of trustees of a school district may: (a) Authorize for commercial advertising the use of buses owned by the school district; and (b) Establish the fees and other terms and conditions which are applicable to such advertising. 2. Any advertising authorized pursuant to subsection 1: (a) Must conform with all applicable local ordinances regarding signs; and (b) Must not: (1) Promote hostility, disorder or violence; (2) Attack [ethnic, racial or religious] groups [;] on the basis of their ethnicity, race, religion, sexual orientation, or gender identity or expression; (3) Invade the rights of others; (4) Inhibit the functioning of the school; (5) Override the school’s identity; (6) Promote the use of controlled substances, dangerous drugs, intoxicating liquor, tobacco or firearms; (7) Promote any religious organization; (8) Contain political advertising; or (9) Promote entertainment deemed improper or inappropriate by the board of trustees. 3. The board of trustees of each school district that receives money pursuant to subsection 1 shall establish a special revenue fund and direct that the money it receives pursuant to subsection 1 – 18 – - 79th Session (2017) be deposited in that fund. Money in the fund must not be commingled with money from other sources. The board of trustees shall disburse the money in the fund to the schools within its district giving preference to the schools within the district that the district has classified as serving a significant proportion of pupils who are economically disadvantaged. 4. A school that receives money pursuant to subsection 3 shall expend the money only to purchase textbooks and laboratory equipment and to pay for field trips. Sec. 19. NRS 388A.453 is hereby amended to read as follows: 388A.453 1. An application for enrollment in a charter school may be submitted annually to the governing body of the charter school by the parent or legal guardian of any child who resides in this State. 2. Except as otherwise provided in subsections 1 to 5, inclusive, NRS 388A.336 and subsections 1 and 2 of NRS 388A.456, a charter school shall enroll pupils who are eligible for enrollment in the order in which the applications are received. 3. If the board of trustees of the school district in which the charter school is located has established zones of attendance pursuant to NRS 388.040, the charter school shall, if practicable, ensure that the racial composition of pupils enrolled in the charter school does not differ by more than 10 percent from the racial composition of pupils who attend public schools in the zone in which the charter school is located. 4. If a charter school is sponsored by the board of trustees of a school district located in a county whose population is 100,000 or more, except for a program of distance education provided by the charter school, the charter school shall enroll pupils who are eligible for enrollment who reside in the school district in which the charter school is located before enrolling pupils who reside outside the school district. 5. Except as otherwise provided in subsections 1 and 2 of NRS 388A.456, if more pupils who are eligible for enrollment apply for enrollment in the charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll pursuant to subsections 1 to 4, inclusive, on the basis of a lottery system. 6. Except as otherwise provided in subsection 9, a charter school shall not accept applications for enrollment in the charter school or otherwise discriminate based on the: (a) Race; (b) Gender; – 19 – - 79th Session (2017) (c) Religion; (d) Ethnicity; [or] (e) Disability [,] ; (f) Sexual orientation; or (g) Gender identity or expression, ¬ of a pupil. 7. A lottery held pursuant to subsection 5 must be held not sooner than 45 days after the date on which a charter school begins accepting applications for enrollment unless the sponsor of the charter school determines there is good cause to hold it sooner. 8. If the governing body of a charter school determines that the charter school is unable to provide an appropriate special education program and related services for a particular disability of a pupil who is enrolled in the charter school, the governing body may request that the board of trustees of the school district of the county in which the pupil resides transfer that pupil to an appropriate school. 9. This section does not preclude the formation of a charter school that is dedicated to provide educational services exclusively to pupils: (a) With disabilities; (b) Who pose such severe disciplinary problems that they warrant a specific educational program, including, without limitation, a charter school specifically designed to serve a single gender that emphasizes personal responsibility and rehabilitation; or (c) Who are at risk. ¬ If more eligible pupils apply for enrollment in such a charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll pursuant to this subsection on the basis of a lottery system. Sec. 20. NRS 388B.060 is hereby amended to read as follows: 388B.060 The Department shall adopt any regulations necessary or convenient to carry out the provisions of this chapter. The regulations may prescribe, without limitation: 1. The process by which the Executive Director will solicit the input of: (a) Members of the community in which a public school is located, including, without limitation, parents of pupils enrolled at the public school, before selecting the public school for conversion to an achievement charter school pursuant to NRS 388B.200; and (b) Parents of pupils enrolled at a public school that has been selected for conversion to an achievement charter school concerning – 20 – - 79th Session (2017) the needs of such pupils before approving an application to operate the achievement charter school pursuant to NRS 388B.210. 2. The process by which the Executive Director will solicit applications to operate an achievement charter school and the procedure and criteria that the Executive Director must use when evaluating such applications. 3. The manner in which the Executive Director will monitor and evaluate pupil achievement and school performance of an achievement charter school. 4. The process by which the parent or legal guardian of a child may apply for enrollment in an achievement charter school, including, without limitation, the required contents of the application, and the criteria used to determine which pupils will be enrolled in the achievement charter school. An achievement charter school shall not accept applications for enrollment in the charter school or otherwise discriminate based on the race, gender, religion, ethnicity , [or] disability , sexual orientation, or gender identity or expression of a pupil. 5. Circumstances under which the governing body of a charter school may authorize a child who is enrolled in a public school of a school district or a private school or a homeschooled child to participate in a class at an achievement charter school that is not otherwise available to the child at his or her school or homeschool or participate in an extracurricular activity at the achievement charter school. 6. The procedure for converting an achievement charter school into a public school. Sec. 21. NRS 388C.010 is hereby amended to read as follows: 388C.010 1. The Legislature declares that the primary consideration of the Legislature when enacting legislation regarding the appropriate instruction of profoundly gifted pupils in Nevada is to pursue all suitable means for the promotion of intellectual, literary and scientific improvements to the system of public instruction in a manner that will best serve the interests of all pupils, including profoundly gifted pupils. 2. The Legislature further declares that there are pupils enrolled in the public middle schools, junior high schools and high schools in this State who are so profoundly gifted that their educational needs are not being met by the schools in which they are enrolled, and by participating in an accelerated program of education, these pupils may obtain early admission to university studies. These accelerated programs should be designed to address – 21 – - 79th Session (2017) the different and distinct learning styles and needs of these profoundly gifted pupils. 3. It is the intent of the Legislature that participation in such accelerated programs of education for profoundly gifted pupils be open to all qualified applicants, regardless of race, culture, ethnicity , [or] economic means, sexual orientation, or gender identity or expression, and that specific criteria for admission into those programs be designed to determine the potential for success of an applicant. 4. It is further the intent of the Legislature to support and encourage the ongoing development of innovative educational programs and tools to improve the educational opportunities of profoundly gifted pupils, regardless of race, culture, ethnicity , [or] economic means , sexual orientation, or gender identity or expression and to increase the educational opportunities of pupils who are identified as profoundly gifted, gifted and talented, having special educational needs or being at risk for underachievement. Sec. 22. NRS 396.530 is hereby amended to read as follows: 396.530 The Board of Regents shall not discriminate in the admission of students on account of national origin, religion, age, physical disability, sex, sexual orientation, gender identity or expression, race or color. Sec. 23. NRS 412.116 is hereby amended to read as follows: 412.116 1. The forces of the Nevada National Guard must be organized, armed, disciplined, governed, administered and trained as prescribed by applicable federal laws and regulations and Office regulations. 2. It hereby is declared to be the policy of the State that there must be an equality of treatment and opportunity for all persons in the Nevada National Guard without regard to race, creed, color, gender, sexual orientation , gender identity or expression, or national origin. 3. As used in this section, “sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality. Sec. 24. NRS 432.525 is hereby amended to read as follows: 432.525 A child placed in a foster home by an agency which provides child welfare services has the right: 1. To receive information concerning his or her rights set forth in this section and NRS 432.530 and 432.535. 2. To be treated with dignity and respect. 3. To fair and equal access to services, placement, care, treatment and benefits. – 22 – - 79th Session (2017) 4. To receive adequate, healthy, appropriate and accessible food. 5. To receive adequate, appropriate and accessible clothing and shelter. 6. To receive appropriate medical care, including, without limitation: (a) Dental, vision and mental health services; (b) Medical and psychological screening, assessment and testing; and (c) Referral to and receipt of medical, emotional, psychological or psychiatric evaluation and treatment as soon as practicable after the need for such services has been identified. 7. To be free from: (a) Abuse or neglect, as defined in NRS 432B.020; (b) Corporal punishment, as defined in NRS 388.478; (c) Unreasonable searches of his or her personal belongings or other unreasonable invasions of privacy; (d) The administration of psychotropic medication unless the administration is consistent with NRS 432B.197 and the policies established pursuant thereto; and (e) Discrimination or harassment on the basis of his or her actual or perceived race, ethnicity, ancestry, national origin, color, religion, sex, sexual orientation, gender identity [,] or expression, mental or physical disability or exposure to the human immunodeficiency virus. 8. To attend religious services of his or her choice or to refuse to attend religious services. 9. Except for placement in a facility, as defined in NRS 432B.6072, not to be locked in any room, building or premise or to be subject to other physical restraint or isolation. 10. Except as otherwise prohibited by the agency which provides child welfare services: (a) To send and receive unopened mail; and (b) To maintain a bank account and manage personal income, consistent with the age and developmental level of the child. 11. To complete an identification kit, including, without limitation, photographing, and include the identification kit and his or her photograph in a file maintained by the agency which provides child welfare services and any employee thereof who provides child welfare services to the child. 12. To communicate with other persons, including, without limitation, the right: – 23 – - 79th Session (2017) (a) To communicate regularly, but not less often than once each month, with an employee of the agency which provides child welfare services who provides child welfare services to the child; (b) To communicate confidentially with the agency which provides child welfare services to the child concerning his or her care; (c) To report any alleged violation of his or her rights pursuant to NRS 432.550 without being threatened or punished; (d) Except as otherwise prohibited by a court order, to contact a family member, social worker, attorney, advocate for children receiving foster care services or guardian ad litem appointed by a court or probation officer; and (e) Except as otherwise prohibited by a court order and to the extent practicable, to contact and visit his or her siblings, including siblings who have not been placed in foster homes and to have such contact arranged on a regular basis and on holidays, birthdays and other significant life events, unless such contact is contrary to the safety of the child or his or her siblings. 13. Not to have contact or visitation with a sibling withheld as a form of punishment. Sec. 25. NRS 463.151 is hereby amended to read as follows: 463.151 1. The Legislature hereby declares that the exclusion or ejection of certain persons from licensed gaming establishments which conduct pari-mutuel wagering or operate any race book, sports pool or games, other than slot machines only, is necessary to effectuate the policies of this chapter and to maintain effectively the strict regulation of licensed gaming. 2. The Commission may by regulation provide for the establishment of a list of persons who are to be excluded or ejected from any licensed gaming establishment which conducts pari- mutuel wagering or operates any race book, sports pool or games, other than slot machines only. The list may include any person whose presence in the establishment is determined by the Board and the Commission to pose a threat to the interests of this state or to licensed gaming, or both. 3. In making that determination, the Board and the Commission may consider any: (a) Prior conviction of a crime which is a felony in this state or under the laws of the United States, a crime involving moral turpitude or a violation of the gaming laws of any state; (b) Violation or conspiracy to violate the provisions of this chapter relating to: – 24 – - 79th Session (2017) (1) The failure to disclose an interest in a gaming establishment for which the person must obtain a license; or (2) Willful evasion of fees or taxes; (c) Notorious or unsavory reputation which would adversely affect public confidence and trust that the gaming industry is free from criminal or corruptive elements; or (d) Written order of a governmental agency which authorizes the exclusion or ejection of the person from an establishment at which gaming or pari-mutuel wagering is conducted. 4. Race, color, creed, national origin or ancestry, [or] sex , sexual orientation, or gender identity or expression must not be grounds for placing the name of a person upon the list. Sec. 26. NRS 463.15995 is hereby amended to read as follows: 463.15995 1. The Commission shall, with the advice and assistance of the Board, adopt regulations authorizing a gaming licensee to charge a fee for admission to an area in which gaming is conducted in accordance with the provisions of this section. 2. The regulations adopted by the Commission pursuant to this section must include, without limitation, provisions that: (a) A gaming licensee may not charge a fee pursuant to this section unless: (1) The Chair of the Board grants administrative approval of a request by a gaming licensee to charge such a fee; and (2) Such administrative approval is not revoked or suspended by the Chair of the Board. (b) The Chair of the Board may, in the Chair’s sole and absolute discretion, grant, deny, limit, condition, restrict, revoke or suspend any administrative approval of a request by a gaming licensee to charge a fee pursuant to this section. In considering such a request, the Chair of the Board shall consider all relevant factors, including, without limitation: (1) The size of the area; (2) The amount of gaming that occurs within the area; (3) The types and quantity of gaming offered; (4) The business purpose of the area; (5) Other amenities that are offered within the area; (6) The amount of the costs and expenses incurred in creating the area; (7) The benefit to the State in having gaming conducted within the area; – 25 – - 79th Session (2017) (8) The amount of the fee charged and whether the fee charged is unreasonable as compared to the prevailing practice within the industry; and (9) Whether the area should more appropriately be treated as a gaming salon. ¬ The decision of the Chair of the Board regarding such a request may be appealed by the gaming licensee to the Commission pursuant to its regulations. (c) A gaming licensee who charges a fee pursuant to this section: (1) Shall deposit with the Board and thereafter maintain a refundable revolving fund in an amount determined by the Commission to pay the expenses of admission of agents of the Board or Commission to the area for which a fee for admission is charged. (2) Shall arrange for access by agents of the Board or Commission to the area for which a fee for admission is charged. (3) Shall, at all times that a fee is charged for admission to an area pursuant to this section in an establishment for which a nonrestricted license has been issued, provide for the public at least the same number of gaming devices and games in a different area for which no fee is charged for admission. (4) Shall, at all times that a fee is charged for admission to an area pursuant to this section in an establishment for which a restricted license has been issued, post a sign of a suitable size in a conspicuous place near the entrance of the establishment that provides notice to patrons that they do not need to pay an admission fee or cover charge to engage in gaming. (5) Shall not use a fee charged for admission to create a private gaming area that is not operated in association or conjunction with a nongaming activity, attraction or facility. (6) Shall not restrict admission to the area for which a fee for admission is charged to a patron on the ground of race, color, religion, national origin , sexual orientation, gender identity or expression, or disability of the patron, and any unresolved dispute with a patron concerning restriction of admission shall be deemed a dispute as to the manner in which a game is conducted pursuant to NRS 463.362 and must be resolved pursuant to NRS 463.362 to 463.366, inclusive. (d) If a gaming licensee who holds a nonrestricted license charges a fee pursuant to this section, unless the area for which a fee for admission is charged is otherwise subject to the excise tax on admission to any facility in this State where live entertainment is – 26 – - 79th Session (2017) provided pursuant to chapter 368A of NRS, the determination of the amount of the liability of the gaming licensee for that tax: (1) Includes the fees charged for admission pursuant to this section; and (2) Does not include charges for food, beverages and merchandise collected in the area for which admission is charged. Sec. 27. NRS 463.4076 is hereby amended to read as follows: 463.4076 1. The admission of a patron to a gaming salon: (a) May be restricted on the basis of the financial criteria of the patron as established by the licensee and approved by the Board; and (b) Must not be restricted on the basis of the race, color, religion, national origin, ancestry, physical disability , [or] sex , sexual orientation, or gender identity or expression of the patron. 2. Any unresolved dispute with a patron concerning restriction of admission to a gaming salon shall be deemed a dispute as to the manner in which a game is conducted pursuant to NRS 463.362 and must be resolved pursuant to NRS 463.362 to 463.366, inclusive. Sec. 28. NRS 645.635 is hereby amended to read as follows: 645.635 The Commission may take action pursuant to NRS 645.630 against any person subject to that section who is guilty of: 1. Offering real estate for sale or lease without the knowledge and consent of the owner or the owner’s authorized agent or on terms other than those authorized by the owner or the owner’s authorized agent. 2. Negotiating a sale, exchange or lease of real estate, or communicating after such negotiations but before closing, directly with a client if the person knows that the client has a brokerage agreement in force in connection with the property granting an exclusive agency, including, without limitation, an exclusive right to sell to another broker, unless permission in writing has been obtained from the other broker. 3. Failure to deliver within a reasonable time a completed copy of any purchase agreement or offer to buy or sell real estate to the purchaser or to the seller, except as otherwise provided in subsection 4 of NRS 645.254. 4. Failure to deliver to the seller in each real estate transaction, within 10 business days after the transaction is closed, a complete, detailed closing statement showing all of the receipts and disbursements handled by him or her for the seller, failure to deliver to the buyer a complete statement showing all money received in the transaction from the buyer and how and for what it was disbursed, or failure to retain true copies of those statements in his or her files. – 27 – - 79th Session (2017) The furnishing of those statements by an escrow holder relieves the broker’s, broker-salesperson’s or salesperson’s responsibility and must be deemed to be in compliance with this provision. 5. Representing to any lender, guaranteeing agency or any other interested party, verbally or through the preparation of false documents, an amount in excess of the actual sale price of the real estate or terms differing from those actually agreed upon. 6. Failure to produce any document, book or record in his or her possession or under his or her control, concerning any real estate transaction under investigation by the Division. 7. Failure to reduce a bona fide offer to writing where a proposed purchaser requests that it be submitted in writing, except as otherwise provided in subsection 4 of NRS 645.254. 8. Failure to submit all written bona fide offers to a seller when the offers are received before the seller accepts an offer in writing and until the broker has knowledge of that acceptance, except as otherwise provided in subsection 4 of NRS 645.254. 9. Refusing because of race, color, national origin, sex , sexual orientation, gender identity or expression, or ethnic group to show, sell or rent any real estate for sale or rent to qualified purchasers or renters. 10. Knowingly submitting any false or fraudulent appraisal to any financial institution or other interested person. 11. Any violation of NRS 645C.557. Sec. 29. NRS 648.193 is hereby amended to read as follows: 648.193 During a polygraphic examination, the examiner or intern shall not make inquiries into the religion, political affiliations, affiliations with labor organizations , sexual orientation, gender identity or expression, or sexual activities of the person examined unless the person’s religion , sexual orientation, gender identity or expression, or those affiliations or activities are germane to the issue under investigation and the inquiries are made at the request of the person examined. Sec. 30. NRS 686A.680 is hereby amended to read as follows: 686A.680 An insurer that uses information from a consumer credit report shall not: 1. Use an insurance score that is calculated using income, gender, sexual orientation, gender identity or expression, address, zip code, ethnic group, religion, marital status or nationality of the consumer as a factor, or would otherwise lead to unfair or invidious discrimination. 2. Deny, cancel or fail to renew a policy on the basis of credit information unless the insurer also considers other applicable – 28 – - 79th Session (2017) underwriting factors that are independent of credit information and not expressly prohibited by this section. 3. Base renewal rates for a policy upon credit information unless the insurer also considers other applicable factors independent of credit information. 4. Take an adverse action against an applicant or policyholder based on the applicant or policyholder not having a credit card account unless the insurer also considers other applicable factors independent of credit information. 5. Consider an absence of credit information or an inability to calculate an insurance score in underwriting or rating a policy unless the insurer does any one of the following: (a) Treats the applicant or policyholder as otherwise approved by the Commissioner, after the insurer presents to the Commissioner information indicating that such an absence or inability relates to the risk for the insurer. (b) Treats the applicant or policyholder as if the applicant or policyholder had neutral credit information, as defined by the insurer. (c) Excludes the use of credit information as a factor, and uses only underwriting criteria other than credit information. 6. Take an adverse action against an applicant or policyholder based on credit information, unless an insurer obtains and uses a consumer credit report issued or an insurance score calculated within 90 days from the date the policy is first written or renewal is issued. 7. Except as otherwise provided in this subsection, use credit information regarding a policyholder without obtaining an updated consumer credit report regarding the policyholder and recalculating the insurance score at least once every 36 months. At the time of the annual renewal of a policyholder’s policy, the insurer shall, upon the request of the policyholder or the policyholder’s agent, reunderwrite and rerate the policy based upon a current consumer credit report or insurance score. An insurer need not, at the request of a policyholder or the policyholder’s agent, recalculate the insurance score of or obtain an updated consumer credit report of the policyholder more frequently than once in any 12-month period. An insurer may, at its discretion, obtain an updated consumer credit report regarding a policyholder more frequently than once every 36 months, if to do so is consistent with the underwriting guidelines of the insurer. An insurer does not need to obtain an updated consumer credit report for a policyholder if any one of the following applies: – 29 – - 79th Session (2017) (a) The insurer is treating the policyholder as otherwise approved by the Commissioner. (b) The policyholder is in the most favorably-priced tier of the insurer and all affiliates of the insurer. With respect to such a policyholder, the insurer may elect to obtain an updated consumer credit report if to do so is consistent with the underwriting guidelines of the insurer. (c) Credit information was not used for underwriting or rating the policyholder when the policy was initially written. The fact that credit information was not used initially does not preclude an insurer from using such information subsequently when underwriting or rating such a policyholder upon renewal, if to do so is consistent with the underwriting guidelines of the insurer. (d) The insurer reevaluates the policyholder at least once every 36 months based upon underwriting or rating factors other than credit information. 8. Use the following as a negative factor in any insurance scoring methodology or in reviewing credit information for the purpose of underwriting or rating a policy: (a) Credit inquiries not initiated by the applicant or policyholder, or inquiries requested by the applicant or policyholder for his or her own credit information. (b) Inquiries relating to insurance coverage, if so identified on the consumer credit report. (c) Collection accounts relating to medical treatment, if so identified on the consumer credit report. (d) Multiple lender inquiries, if identified on the consumer credit report as being related to home loans or mortgages and made within 30 days of one another, unless only one inquiry is considered. (e) Multiple lender inquiries, if identified on the consumer credit report as being related to a loan for an automobile and made within 30 days of one another, unless only one inquiry is considered. Sec. 31. NRS 686B.060 is hereby amended to read as follows: 686B.060 In determining whether rates comply with the standards under NRS 686B.050, the following criteria shall be applied: 1. Due consideration shall be given to past and prospective loss and expense experience within and outside of this state, to catastrophe hazards and contingencies, to trends within and outside of this state, to loadings for leveling premium rates over time or for dividends or savings to be allowed or returned by insurers to their policyholders, members or subscribers, and to all other relevant factors, including the judgment of technical personnel. – 30 – - 79th Session (2017) 2. Risks may be classified in any reasonable way for the establishment of rates and minimum premiums, except that classifications may not be based on race, color, creed , [or] national origin [.] , sexual orientation, or gender identity or expression. Rates thus produced may be modified for individual risks in accordance with rating plans or schedules which establish reasonable standards for measuring probable variations in hazards, expenses, or both. 3. The expense provisions included in the rates to be used by an insurer may reflect the operating methods of the insurer and, so far as it is credible, its own expense experience. 4. The rates may contain an allowance permitting a profit that is not unreasonable in relation to the riskiness of the class of business. Sec. 32. NRS 687B.390 is hereby amended to read as follows: 687B.390 No insurer shall cancel or refuse to renew an automobile liability insurance policy solely because of the age, residence, race, color, creed, national origin, ancestry , sexual orientation, gender identity or expression, or occupation of anyone who is an insured. Sec. 33. NRS 689C.520 is hereby amended to read as follows: 689C.520 1. Before the issuance of a certificate of registration, each voluntary purchasing group shall, to the satisfaction of the Commissioner: (a) Establish the conditions of membership in the group and require as a condition of membership that all employers include all their eligible employees. The group may not differentiate among classes of membership on the basis of the kind of employment, race, religion, sex, sexual orientation, gender identity or expression, education, health or income. The group shall set reasonable fees for membership which will finance all reasonable and necessary costs incurred in administering the group. (b) Provide to members of the group and their eligible employees information meeting the requirements of NRS 689C.440 regarding any proposed contracts. 2. In addition to the information required pursuant to subsection 1, a voluntary purchasing group shall provide annually to members of the group information regarding available benefits and carriers. – 31 – - 79th Session (2017) Sec. 34. Section 1.130 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 32, Statutes of Nevada 2011, at page 134, is hereby amended to read as follows: Sec. 1.130 Certain activities prohibited. 1. A person shall not be appointed to or removed from, or in any way favored or discriminated against with respect to, any City position or appointive City administrative office because of race, sex, sexual orientation, gender identity or expression, religion, color, age, disability, marital status or national origin, or because of political or personal reasons or affiliations, except when based upon a bona fide occupational qualification. 2. A person who seeks appointment or promotion with respect to any City position or appointive City administrative office shall not directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with his or her test, appointment, proposed appointment, promotion or proposed promotion. 3. A person shall not orally, in writing or otherwise solicit or assist in soliciting any assessment, subscription or contribution for any elected officer of the City or candidate for any City office from any person holding any compensated appointive City position. 4. A person who holds any compensated appointive City position shall not make, solicit or receive any contribution of campaign funds for any elected officer of the City or candidate for any City office or take any part in the management, affairs or political campaign of the candidate. 5. Any person who by himself, herself or with others willfully violates any of the provisions of subsections 1, 2 or 3 is subject to the jurisdiction of the Justice Court of the Township of Sparks and is guilty of a misdemeanor, punishable by a fine of not more than $500 or by imprisonment for not more than 6 months, or both. 6. Any person who violates any of the provisions of this section shall be ineligible to hold any City office or position for a period of 5 years and, if the person is an officer or employee of the City, shall immediately forfeit his or her office or position. 7. As used in this section: (a) “Gender identity or expression” has the meaning ascribed to it in section 4 of this act. – 32 – - 79th Session (2017) (b) “Sexual orientation” has the meaning ascribed to it in section 5 of this act. Sec. 35. This act becomes effective on July 1, 2017. 20 ~~~~~ 17