Nevada 2021 Regular Session Status: Enacted

AB 47 — Revises provisions relating to unfair trade practices. (BDR 52-425)

Last action — Chapter 77.

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This bill has been enacted into law. Introduced November 18, 2020. Enacted.

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Bill Text

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(Reprinted with amendments adopted on April 19, 2021) FIRST REPRINT A.B.
Assembly Bill No.
47 ASSEMBLY BILL NO .
47–Committee on Commerce and Labor CHAPTER..........
47–COMMITTEE ON C OMMERCE AND LABOR (O NB EHALF OF THE ATTORNEY GENERAL ) PREFILED N OVEMBER 18, 2020 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to unfair trade practices.
(BDR 52-425) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Sections 2-10 of this bill impose certain notification requirements relating to certain transactions involving health carriers or certain business entities consisting of health care practitioners, which are designated by section 4.2 of this bill as this State who is a party to a reportable health care or health carrier transaction to, at least 30 days before the consummation of the transaction, submit to the Attorney General a notification with certain specified information relating to the transaction.
Sections 2-10 of this bill impose certain notification requirements relating to certain transactions involving health carriers or certain business entities consisting of health care practitioners, which are designated by section 4.2 of this bill as “group practices.” Section 6.5 of this bill requires any party conducting business in this State who is a party to a reportable health care or health carrier transaction to, at least 30 days before the consummation of the transaction, submit to the Attorney Section 5.6 of this bill defines “reportable health care or health carrier transaction” to generally mean a transaction that:
Section 5.6 of this bill defines “reportable health care or health carrier transaction” to generally mean a transaction that:
and (2) causes, as a - *AB47_R1* – 2 – result of the transaction, a group practice or health carrier to provide within a geographic market 50 percent or more of any health care service or health carrier service.
and (2) causes, as a result of the transaction, a group practice or health carrier to provide within a geographic market 50 percent or more of any health care service or health carrier service.
The federal Hart-Scott-Rodino Antitrust Improvements Act of 1976 requires certain persons who intend to engage in certain mergers or acquisitions to file a notification with the Federal Trade Commission and the United States Department of Justice.
The federal Hart-Scott-Rodino Antitrust Improvements Act of 1976 requires certain persons who intend to engage in certain mergers or acquisitions to file a notification with the Federal Trade Commission and the United States Department to file such a notification regarding any transaction involving any assets of a groupd practice or health carrier in this State to simultaneously submit a copy of the filing to the Attorney General.
(15 U.S.C.
§ 18a) Section 7 of this bill requires a person who is required practice or health carrier in this State to simultaneously submit a copy of the filing to the Attorney General.
Section 10 of this bill provides for the imposition of a civil penalty of up to $1,000 per day for willful vioSections 16, 17, 19 and 20 of this bill revise provisions relating to proceedings instituted by the Attorney General under the Nevada Unfair Trade Practice Act to generally authorize additional equitable relief for violations of the Act.
Section 10 of this bill provides for the imposition of a civil penalty of up to $1,000 per day for willful violSections 16, 17, 19 and 20 of this bill revise provisions relating to proceedings instituted by the Attorney General under the Nevada Unfair Trade Practice Act to generally authorize additional equitable relief for violations of the Act.
Section 18 of this bill requires public officers and employees to provide certain information to the Attorney General relating to such proceedings upon request.
Section 18 - 81st Session (2021) – 2 – of this bill requires public officers and employees to provide certain information to the Attorney General relating to such proceedings upon request.
Under existing law, a noncompetition covenant is prohibited from restricting a former employee from providing service to a former customer or client under certain circumstances.
Under existing law, a noncompetition covenant is prohibited from restricting a former employee from providing service to a former customer or client under employer from bringing an action to restrict a former employee from providing an service to a former customer or client under certain circumstances.
(NRS 613.195) Section 22.5 of this bill also prohibits an employer from bringing an action to restrict a former employee from providing also prohibits a noncompetition covenant from applying to an employee who is22.5 paid solely on an hourly wage basis, exclusive of any tips or gratuities.
Section 22.5 also prohibits a noncompetition covenant from applying to an employee who is paid solely on an hourly wage basis, exclusive of any tips or gratuities.
Finally, section 22.5 requires a court, in an action to enforce or challenge a noncompetition covenant, to award reasonable attorney’s fees and costs to the employee if the court finds that the noncompetition covenant applies to an employee paid on an hourly wage basis or that the employer has impermissibly restricted or attempted to restrict the employee from providing services to a former customer or client.
Finally, section 22.5 requires a court, in an action to enforce or challenge a noncompetition covenant, to award reasonable attorney’s fees and costs to the employee if the court wage basis or that the employer has impermissibly restricted or attempted to restrict the employee from providing services to a former customer or client.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- *AB47_R1* – 3 – Sec.
Sec.
“Control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by a contract other than a commercial contract for goods or nonmanagement services or otherwise, unless the power is the result of an official position with or corporate office held by the person.
“Control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by a contract other than a commercial contract for goods or nonmanagement services or otherwise, unless the power - 81st Session (2021) – 3 – is the result of an official position with or corporate office held by the person.
“Group practice” means two or more practitioners who are legally organized in a partnership, professional corporation, limited liability company formed to render professional services, medical foundation, nonprofit corporation, faculty practice plan or other similar entity:
“Group practice” means two or more practitioners who are legally organized in a partnership, render professional services, medical foundation, nonprofitto corporation, faculty practice plan or other similar entity:
Sec.
NRS 695G.024.“Health carrier” has the meaning ascribed to it in Sec.
4.6.
“Health carrier” has the meaning ascribed to it in NRS 695G.024.
Sec.
(Deleted by amendment.) - *AB47_R1* – 4 – Sec.
(Deleted by amendment.) Sec.
and (b) As a result of the transaction, would cause a group practice or health carrier to provide within a geographic market 50 percent or more of any health care service, including, without limitation, a health care service involving a specialty, or any health carrier service.
and (b) As a result of the transaction, would cause a group practice or health carrier to provide within a geographic market 50 percent - 81st Session (2021) – 4 – health care service involving a specialty, or any health carriern, a service.
(c) The employment of all or substantially all of the practitioners in a group practice;
practitioners in a group practice;
and (d) The acquisition of one or more insolvent group practices.
andntially all of the (d) The acquisition of one or more insolvent group practices.
Except as otherwise provided in subsection 2, any person conducting business in this State who is a party to a reportable health care or health carrier transaction shall, at least 30 days before the consummation of the reportable health care or health carrier transaction, submit to the Attorney General a notification on a form prescribed by the Attorney General.
Except as otherwise provided in subsection 2, any person conducting business in this State who is a party to a reportable health care or health carrier transaction shall, at least days before the consummation of the reportable health care or health carrier transaction, submit to the Attorney General a notification on a form prescribed by the Attorney General.
(a) A brief description of the nature of the proposed relationship among the parties to the proposed reportable health care or health carrier transaction;
(a) A brief description of the nature of the proposed relationship among the parties to the proposed reportable health car(b) The names and specialties of each practitioner working for the group practice that is the subject of the reportable health care or health carrier transaction and who is anticipated to work with the resulting group practice following the effective date of the transaction;
- *AB47_R1* – 5 – (b) The names and specialties of each practitioner working for the group practice that is the subject of the reportable health care or health carrier transaction and who is anticipated to work with the resulting group practice following the effective date of the transaction;
(d) An identification of each anticipated location where health care services or health carrier services are to be provided following the effective date of the reportable health care or health carrier transaction;
- 81st Session (2021) – 5 – (d) An identification of each anticipated location where health care services or health carrier services are to be provided following the effective date of the reportable health care or health carrier transaction;
(e) A description of the services to be provided by practitioners at each location identified pursuant to paragraph (d);
at each location identified pursuant to paragraph (d);
and (f) The primary service area to be served by each location identified pursuant to paragraph (d).
andctitioners (f) The primary service area to be served by each location identified pursuant to paragraph (d).
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(b) Submit a notification to the Commissioner of Insurance pursuant to NRS 692C.363 regarding the transaction, the person may satisfy the requirement for notification pursuant to subsection 1 by simultaneously submitting to the Attorney General a copy of the notification submitted to the Commissioner of Insurance.
(b) Submit a notification to the Commissioner of Insurance pursuant to NRS 692C.363 regarding the transaction, the person may satisfy the requirement for notification pursuant to subsection by simultaneously submitting to the Attorney General a copy of the notification submitted to the Commissioner of Insurance.
A person that submits a copy of a filing to the Attorney General pursuant to subsection 1 satisfies the requirement for notice set forth in section 6 of this act.
A person that submits a copy of a filing to the Attorney notice set forth in section 6 of this act.
Sec.
the requirement for Sec.
All information received by the Attorney General pursuant to sections 2 to 10, inclusive, of this act must be kept - *AB47_R1* – 6 – confidential in the same manner and to the same extent as required in NRS 598A.110.
All information received by the Attorney General pursuant to sections 2 to 10, inclusive, of this act must be kept confidential in the same manner and to the same extent as required in NRS 598A.110.
Sec.
- 81st Session (2021) – 6 – Secs.
11.
11-15.
12.
(Deleted by amendment.) Sec.
13.
(Deleted by amendment.) Sec.
14.
(Deleted by amendment.) Sec.
15.
(Deleted by amendment.) Sec.
(b) Investigate suspected violations of the provisions of this chapter.
chapter.nvestigate suspected violations of the provisions of this (c) Institute proceedings on behalf of the State, its agencies, political subdivisions, districts or municipal corporations, or as parens patriae of the persons residing in the State for:
(c) Institute proceedings on behalf of the State, its agencies, political subdivisions, districts or municipal corporations, or as parens patriae of the persons residing in the State for:
1.
and restrain violations of the provisions of this chapter.
Issue temporary restraining orders and injunctions to prevent and restrain violations of the provisions of this chapter.
to prevent 2.
2.
- *AB47_R1* – 7 – 4.
4.
Any procedure, testimony taken, document or other tangible evidence produced, or answer made under NRS 598A.100 shall be kept confidential by the Attorney General prior to the [institution of] entry of a protective order in an action brought under this chapter for the alleged violation of the provisions of this chapter under investigation, unless:
Any procedure, testimony taken, document or other tangible evidence produced, or answer made under NRS 598A.100 shall be kept confidential by the Attorney General prior to the [institution of] entry of a protective order in an action brought - 81st Session (2021) – 7 – chapter under investigation, unless:iolation of the provisions of this [1.] (a) Confidentiality is waived by the person upon whom the written investigative demand is made or pursuant to NRS 239.0115;
[1.] (a) Confidentiality is waived by the person upon whom the written investigative demand is made or pursuant to NRS 239.0115;
598A.150 It is the duty of all public officers [,] of any state agency, board or commission, and their deputies, assistants, clerks, subordinates or employees, to render and furnish to the Attorney General, his or her deputy or other designated representative, when so requested, including, without limitation, during the time in which discovery is being conducted in a proceeding instituted by the Attorney General, all the information and assistance in their possession or within their power relating to investigations carried out and proceedings instituted under the provisions of this chapter.
598A.150 It is the duty of all public officers [,] of any state agency, board or commission, and their deputies, assistants, clerks, subordinates or employees, to render and furnish to the Attorney General, his or her deputy or other designated representative, when so requested, including, without limitation, during the time in which discovery is being conducted in a proceeding instituted by possession or within their power relating to investigations carried out and proceedings instituted under the provisions of this chapter.
or (b) As parens patriae, with respect to direct or indirect damages to the general economy of the State of Nevada or any agency or political subdivision thereof.
or (b) As parens patriae, with respect to direct or indirect damages to the general economy of the State of Nevada or any agency or pol2.icaIn any action under this section, this State:
2.
(a) May recover the aggregate damage sustained by the persons on whose behalf this State sues, without separately proving the individual claims of each such person.
In any action under this section, this State:
- *AB47_R1* – 8 – (a) May recover the aggregate damage sustained by the persons on whose behalf this State sues, without separately proving the individual claims of each such person.
or (3) Such other reasonable system of estimating aggregate damages as the court may permit.
or - 81st Session (2021) – 8 – (3) Such other reasonable system of estimating aggregate damages as the court may permit.
(b) Shall distribute, allocate or otherwise pay the amounts so recovered in accordance with state law, or in the absence of any applicable state law, as the district court may authorize, subject to the requirement that any distribution procedure adopted afford each person on whose behalf this State sues a reasonable opportunity individually to secure the pro rata portion of such recovery attributable to his, her or its respective claims for damages, less litigation and administrative costs, including attorney fees, before any of the recovery is escheated.
(b) Shall distribute, allocate or otherwise pay the amounts so recovered in accordance with state law, or in the absence of any the requirement that any distribution procedure adopted afford eachto person on whose behalf this State sues a reasonable opportunity individually to secure the pro rata portion of such recovery attributable to his, her or its respective claims for damages, less litigation and administrative costs, including attorney fees, before any of the recovery is escheated.
Any person commencing an action for any violation of the provisions of this chapter shall, simultaneously with the filing of the complaint with the court, mail a copy of the complaint to the Attorney General.
Any person commencing an action for any violation of the the complaint with the court, mail a copy of the complaint to theof Attorney General.
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, - *AB47_R1* – 9 – 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 437.145, 437.207, 439.4941, 439.840, 439.914, 439B.420, 439B.754, 439B.760, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, - *AB47_R1* – 10 – 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2673, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.3415, 632.405, 633.283, 633.301, 633.4715, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.221, 641.325, 641A.191, 641A.262, 641A.289, 641B.170, 641B.282, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 9 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, - 81st Session (2021) – 9 – 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240,464, 218G.350, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153,.9685, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 437.145, 437.207, 439.4941, 439.840, 439.914, 439B.420, 439B.754, 439B.760, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, - 81st Session (2021) – 10 – 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 630.133, 630.2673, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.3415, 632.405, 633.283, 633.301, 633.4715, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.221, 641.325, 641A.191, 641A.262, 641A.289, 641B.170, 641B.282, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 9 of this act, sections 35, 38 and 41 of chapter 478, Statutes and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.
- *AB47_R1* – 11 – 3.
- 81st Session (2021) – 11 – 3.
A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
prepared or would prefer to provide the copy in a different (b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
and (b) To the extent that money is available for this purpose, appoint employees to assist the Executive Director in carrying out - *AB47_R1* – 12 – the duties prescribed in paragraph (a).
and - 81st Session (2021) – 12 – (b) To the extent that money is available for this purpose, appoint employees to assist the Executive Director in carrying out the duties prescribed in paragraph (a).
Such employees serve at the pleasure of the Executive Director and are in the unclassified service of the State.
Such employees serve at the pleasure of the Executive Director and are in the unclassified service of 3.
3.
A noncompetition covenant is void and unenforceable unless the noncompetition covenant:
A noncompetition covenant is void and une(a) Is supported by valuable consideration;nt:
(a) Is supported by valuable consideration;
and (c) The former employee is otherwise complying with the limitations in the covenant as to time, geographical area and scope of activity to be restrained, other than any limitation on providing services to a former customer or client who seeks the services of the - *AB47_R1* – 13 – former employee without any contact instigated by the former employee.
and - 81st Session (2021) – 13 – (c) The former employee is otherwise complying with the limitations in the covenant as to time, geographical area and scope of activity to be restrained, other than any limitation on providing services to a former customer or client who seeks the services of the employee.ployee without any contact instigated by the former Any provision in a noncompetition covenant which violates the provisions of this subsection is void and unenforceable.
 Any provision in a noncompetition covenant which violates the provisions of this subsection is void and unenforceable.
If an employer brings an action to enforce a noncompetition covenant or an employee brings an action to challenge a noncompetition covenant and the court finds the covenant is supported by valuable consideration but contains limitations as to time, geographical area or scope of activity to be restrained that are not reasonable, [impose] imposes a greater restraint than is necessary for the protection of the employer for whose benefit the restraint is imposed [and impose] or imposes undue hardship on the employee, the court shall revise the covenant to the extent necessary and enforce the covenant as revised.
If an employer brings an action to enforce a noncompetition covenant or an employee brings an action to challenge a noncompetition covenant and the court finds the covenant is supported by valuable consideration but contains limitations as to time, geographical area or scope of activity to be restrained that are not reasonable, [impose] imposes a greater whose benefit the restraint is imposed [and impose] or imposes for undue hardship on the employee, the court shall revise the covenant to the extent necessary and enforce the covenant as revised.
If an employer brings an action to enforce a noncompetition covenant or an employee brings an action to challenge a noncompetition covenant and the court finds that the noncompetition covenant applies to an employee described in subsection 3 or that the employer has restricted or attempted to restrict a former employee in the manner described in subsection 2, the court shall award the employee reasonable attorney’s fees and costs.
If an employer brings an action to enforce a noncompetition covenant or an employee brings an action to challenge a noncompetition covenant and the court finds that the noncompetition covenant applies to an employee described in subsection 3 or that the employer has restricted or attempted to restrict a former employee in the manner described in - 81st Session (2021) – 14 – attorney’s fees and costs.
- *AB47_R1* – 14 – (a) “Employer” means every person having control or custody of any employment, place of employment or any employee.
(a) “Employer” means every person having control or custody of any employment, place of employment or any employee.
Sec.
Secs.
23.
23-25.
(Deleted by amendment.) Sec.
(Deleted by amendment.) ~~~~~ 21 - 81st Session (2021)
25.
(Deleted by amendment.) H - *AB47_R1*
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Amendments

1 amendment

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Action History

  1. Chapter 77.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Read third time. Passed. Title approved. (Yeas: 12, Nays: 9.) To Assembly. In Assembly. To enrollment.

  5. Read second time.

  6. From committee: Do pass.

  7. From printer. To engrossment. Engrossed. First reprint. To Senate. In Senate. Read first time. Referred to Committee on Commerce and Labor. To committee.

  8. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 27, Nays: 15.) To printer.

  9. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 239.) Dispensed with reprinting.

  10. To committee.

  11. Read first time.

  12. From printer.

  13. Prefiled. Referred to Committee on Commerce and Labor. To printer.

Sponsors

  • Assembly Committee on Commerce and Labor · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Assembly Committee on Commerce and Labor

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

Show all 66 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights healthcare labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors AB 47?
AB 47 is sponsored by Assembly Committee on Commerce and Labor.
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This bill has been enacted into law. Introduced November 18, 2020. Enacted.
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