THE ONE HUNDRED AND TWENTIETH DAY

                               

 

 

Carson City (Monday), June 4, 2001

    Assembly called to order at 11:47 a.m.

    Mr. Speaker presiding.

    Roll called.

    All present.

    Prayer by the Chaplain, Pastor Bruce Henderson.

    Lord, The screen reads, “the 120th Day of the 120-day session.” It’s almost over. It has taken 63 legislators, 500 employees and 800 lobbyists to present 1,250 bills, 150 resolutions and 1,200 amendments. We have sent out 25,000 pieces of mail, used 7 million sheets of copy paper, 8,000 gallons of drinking water and 1,500 boxes of Kleenex. It’s almost over. When King Solomon was putting the finishing touches on Your first temple in Jerusalem and dedicating it to You, the people prayed and sang these words, “The Lord is good and His love never ends.” As we put the final touches on this the Seventy-First Session of the Nevada State Legislature, I pray, “The Lord is good and His love never ends.” We each pray in the Name of the One we hold dear. I pray in the Name of Jesus.

Amen.

    Pledge of allegiance to the Flag.

    Assemblywoman Buckley moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.

    Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Elections, Procedures, and Ethics, to which were referred Assembly Concurrent Resolutions Nos. 3, 21, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and be adopted as amended.

    Also, your Committee on Elections, Procedures, and Ethics, to which was referred Senate Joint Resolution No. 7, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Chris Giunchigliani, Chairman

Mr. Speaker:

    Your Committee on Ways and Means, to which were referred Senate Bills Nos. 84, 109, 458, 465, 497, 578, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry Jr., Chairman

MESSAGES FROM THE Senate

Senate Chamber, Carson City, June 3, 2001

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed Assembly Bill No. 174.

    Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 460, Amendment No. 1234, and respectfully requests your honorable body to concur in said amendment.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 550.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 653 and appointed Senators McGinness, Townsend and Neal as a second Conference Committee to meet with a like committee of the Assembly for further consideration of Assembly Bill No. 653.

    Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 737 to Senate Bill No. 481.

    Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly Amendment No. 1189 to Senate Bill No. 421.

    Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly Amendment No. 1199 to Senate Bill No. 576.

    Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly Amendment No. 1172 to Senate Bill No. 577.

    Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Care, McGinness and Porter as a first Conference Committee concerning Senate Bill No. 49.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bill No. 49.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bill No. 83, and appointed Senators Rawson, O'Connell and Titus as a second Conference Committee to meet with a like committee of the Assembly for further consideration of Senate Bill No. 83.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bill No. 99.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bill No. 377.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bill No. 399.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bill No. 524.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bill No. 554.

                                                                                    Mary Jo Mongelli

                                                                                Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that Assembly Concurrent Resolutions Nos. 3 and 21 be placed on the Resolution File.

    Motion carried.

UNFINISHED BUSINESS

Recede From Assembly Amendments

    Assemblyman Anderson moved that the Assembly do not recede from its action on Senate Bill No. 286, that a conference be requested, and that Mr. Speaker appoint a first Conference Committee consisting of three members to meet with a like committee of the Senate.

    Remarks by Assemblyman Anderson.

    Motion carried.

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen McClain, Gustavson and Claborn as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 286.

Recede From Assembly Amendments

    Assemblyman Anderson moved that the Assembly do not recede from its action on Senate Bill No. 577, that a conference be requested, and that Mr. Speaker appoint a first Conference Committee consisting of three members to meet with a like committee of the Senate.

    Remarks by Assemblyman Anderson.

    Motion carried.

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen Anderson, Brower and Oceguera as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 577.

MOTIONS, RESOLUTIONS AND NOTICES

    Assembly Concurrent Resolution No. 3.

    Resolution read.

    The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:

    Amendment No. 1239.

    Amend the resolution, page 1, line 12, by deleting “subcommittee” and inserting:

“committee consisting of three members of the Assembly, two of whom are members of the Assembly Standing Committee on Judiciary and three members of the Senate, two of whom are members of the Senate Standing Committee on Judiciary,”.

    Amend the resolution, page 1, line 26, by deleting “subcommittee;” and inserting “committee;”.

    Amend the resolution, page 1, line 28, by deleting “subcommittee” and inserting “committee”.

    Amend the resolution, page 2, line 2, by deleting “subcommittee;” and inserting “committee;”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Resolution ordered reprinted, engrossed and to Resolution File.

    Assembly Concurrent Resolution No. 21.

    Resolution read.

    The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:

    Amendment No. 1240.

    Amend the resolution, page 2, between lines 14 and 15, by inserting:

    “Resolved, That the committee to conduct the study consists of eight members of the 71st Legislative Session to be appointed by the Legislative Commission as follows:

    1.  Four members of the Assembly, at least two of whom are members of the Assembly Standing Committee on Judiciary; and

    2.  Four members from the Senate, at least two of whom are members of the Senate Standing Committee on Judiciary; and be it further

    Resolved, That the chairman of the committee may appoint a technical advisory committee to assist the committee in carrying out the study; and be it further”.

    Amend the resolution, page 2, line 19, by deleting “parole; and” and inserting “parole;”.

    Amend the resolution, page 2, line 21, by deleting:

“and be it further”.

    Amend the resolution, page 2, between lines 21 and 22, by inserting:

    “3.  The impact of race, color, religion, national origin, gender, economic status and geographic location of defendants in capital cases with respect to decisions concerning charging, prosecuting and sentencing;

    4.  Whether defendants who are under 18 years of age or who are mentally retarded at the time of committing an offense should be sentenced to death;

    5.  The competency and expertise of counsel to defendants in capital cases;

    6.  The adequacy of resources provided to defendants in capital cases;

    7.  Whether jurors have a proper and adequate understanding of the application of the law and of jury instructions in capital cases;

    8.  Whether rules pertaining to arguments during any phase of a trial are an impediment in capital cases;

    9.  Whether capital punishment serves as an effective deterrent against the commission of murder;

    10.  The expertise of judges that hear capital cases; and

    11.  The process of appealing a sentence of death; and be it further”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Resolution ordered reprinted, engrossed and to Resolution File.

UNFINISHED BUSINESS

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen Humke, Collins and Smith as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 271.

INTRODUCTION, FIRST READING AND REFERENCE

    By the Committee on Ways and Means:

    Assembly Bill No. 673—AN ACT relating to state employees; establishing the maximum allowed salaries for certain employees in the classified service and employees in the unclassified service of the state; making appropriations from the state general fund and the state highway fund to the state board of examiners for increases in the salaries of certain employees of the State of Nevada; and providing other matters properly relating thereto.

    Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

general file and third reading

    Senate Joint Resolution No. 7.

    Resolution read third time.

    Roll call on Senate Joint Resolution No. 7:

    Yeas—42.

    Nays—None.

    Senate Joint Resolution No. 7 having received a constitutional majority, Mr. Speaker declared it passed.

    Resolution ordered transmitted to the Senate.

    Senate Bill No. 84.

    Bill read third time.

    Roll call on Senate Bill No. 84:

    Yeas—42.

    Nays—None.

    Senate Bill No. 84 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 109.

    Bill read third time.

    Assemblyman Arberry moved that Senate Bill No. 109 be taken from the General File and placed on the Chief Clerk’s desk.

    Motion carried.

    Senate Bill No. 458.

    Bill read third time.

    Roll call on Senate Bill No. 458:

    Yeas—41.

    Nays—None.

    Excused—Brower.

    Senate Bill No. 458 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.


    Senate Bill No. 465.

    Bill read third time.

    Roll call on Senate Bill No. 465:

    Yeas—41.

    Nays—None.

    Excused—Brower.

    Senate Bill No. 465 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 497.

    Bill read third time.

    Roll call on Senate Bill No. 497:

    Yeas—40.

    Nays—None.

    Not Voting—Goldwater.

    Excused—Brower.

    Senate Bill No. 497 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 578.

    Bill read third time.

    Roll call on Senate Bill No. 578:

    Yeas—42.

    Nays—None.

    Senate Bill No. 578 having received a two-thirds majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Taxation, to which was referred Senate Joint Resolution No. 20 of the 70th Session, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

David E. Goldwater, Chairman

SECOND READING AND AMENDMENT

    Senate Joint Resolution No. 20 of the 70th Session.

    Bill read second time.

    The following amendment was proposed by the Committee on Taxation:

    Amendment No. 1238.

    Amend the resolution, page 2, line 2, by deleting “and” and inserting “or”.

    Assemblyman Goldwater moved the adoption of the amendment.

    Remarks by Assemblyman Goldwater.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.


UNFINISHED BUSINESS

Recede From Assembly Amendments

    Assemblywoman Chowning moved that the Assembly do not recede from its action on Senate Bill No. 576, that a conference be requested, and that Mr. Speaker appoint a first Conference Committee consisting of three members to meet with a like committee of the Senate.

    Remarks by Assemblywoman Chowning.

    Motion carried.

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen Oceguera, Smith and Nolan as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 576.

Consideration of Senate Amendments

    Assembly Bill No. 460.

    The following Senate amendment was read:

    Amendment No. 1234.

    Amend the bill as a whole by renumbering sections 1 and 2 as sections 10 and 11 and adding new sections designated sections 1 through 9, following the enacting clause, to read as follows:

    “Section 1. Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

    Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, “committee” means the legislative committee on transportation.

    Sec. 3.  1.  There is hereby created a legislative committee on transportation. The committee consists of:

    (a) Four members appointed by the majority leader of the senate, at least two of whom must have served on the senate standing committee which had jurisdiction of issues relating to transportation during the immediately preceding session of the legislature.

    (b) Four members appointed by the speaker of the assembly, at least two of whom must have served on the assembly standing committee which had jurisdiction of issues relating to transportation during the immediately preceding session of the legislature.

    2.  The members of the committee shall elect a chairman and vice chairman from among their members. The chairman must be elected from one house of the legislature and the vice chairman from the other house. After the initial election of a chairman and vice chairman, each of those officers holds office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the chairmanship or vice chairmanship, the members of the committee shall elect a replacement for the remainder of the unexpired term.

    3.  Any member of the committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the convening of the next session of the legislature.

    4.  Vacancies on the committee must be filled in the same manner as the original appointments.

    Sec. 4.  1.  The members of the committee shall meet at least quarterly and at the times and places specified by a call of the chairman. The director of the legislative counsel bureau or a person he has designated shall act as the nonvoting recording secretary. Five members of the committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the committee.

    2.  Except during a regular or special session of the legislature, the members of the committee are entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session, the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207 for each day or portion of a day of attendance at a meeting of the committee and while engaged in the business of the committee. The salaries and expenses of the members of the committee and any other expenses incurred by the committee in carrying out its duties must be paid from the state general fund from the money received from short-term lessors pursuant to NRS 482.313, except that the maximum amount that may be paid each fiscal year pursuant to this subsection must not exceed $25,000. All claims pursuant to this subsection must be paid as other claims against the state are paid.

    Sec. 5.  The committee may:

    1.  Evaluate, review and comment upon issues related to transportation within this state.

    2.  Monitor the money deposited in, and any expenditures made from:

    (a) The state highway fund; and

    (b) The state general fund or any other fund, to the extent that the money deposited in the funds or expenditures made from the funds, or both, are related to transportation.

    3.  Consult with and make recommendations to the board of directors of the department of transportation on matters concerning transportation within this state.

    4.  Conduct investigations and hold hearings in connection with carrying out its duties pursuant to this section.

    5.  Direct the legislative counsel bureau to assist in its research, investigations, hearings and reviews.

    6.  Recommend to the legislature as a result of the activities of the committee any appropriate state legislation or corrective federal legislation.

    Sec. 6.  Each witness who appears before the committee by its order, except a state officer or employee, is entitled to receive for his attendance the fees and mileage provided for witnesses in civil cases in the courts of record of this state. The fees and mileage must be audited and paid upon the presentation of proper claims sworn to by the witness and approved by the chairman of the committee.

    Sec. 7.  1.  If the committee conducts investigations or holds hearings pursuant to subsection 4 of section 5 of this act:

    (a) The secretary of the committee or, in his absence, a member designated by the committee may administer oaths.

    (b) The secretary or chairman of the committee may cause the deposition of witnesses, residing either within or outside this state, to be taken in the manner prescribed by rule of court for taking depositions in civil actions in the district courts.

    (c) The chairman of the committee, upon recommendation of a majority of the members of the committee, may issue subpoenas to compel the attendance of witnesses and the production of books and papers.

    2.  If a witness refuses to attend or testify or produce books or papers as required by the subpoena, the chairman of the committee may report to the district court by a petition which sets forth that:

    (a) Due notice has been given of the time and place of attendance of the witness or the production of the books or papers;

    (b) The witness has been subpoenaed by the committee pursuant to this section; and

    (c) The witness has failed or refused to attend or produce the books or papers required by the subpoena before the committee, or has refused to answer questions propounded to him.

 

 
The petition may request an order of the court compelling the witness to attend and testify or produce the books and papers before the committee.

    3.  Upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and to show cause why he has not attended or testified or produced the books or papers before the committee. A certified copy of the order must be served upon the witness.

    4.  If it appears to the court that the subpoena was regularly issued by the chairman of the committee, upon recommendation of a majority of the members of the committee, the court shall enter an order that the witness appear before the committee at the time and place fixed in the order and testify or produce the required books or papers. Failure to obey the order constitutes contempt of court.

    Sec. 8. NRS 408.100 is hereby amended to read as follows:

    408.100  Recognizing that safe and efficient highway transportation is a matter of important interest to all the people of the state, and that an adequate highway system is a vital part of the national defense, the legislature hereby determines and declares that:

    1.  An integrated system of state highways and roads is essential to the general welfare of the state.

    2.  Providing such a system of facilities, its efficient management, maintenance and control is recognized as a problem and as the proper prospective of highway legislation.

    3.  Inadequate highways and roads obstruct the free flow of traffic, resulting in undue cost of motor vehicle operation, endangering the health and safety of the citizens of the state, depreciating property values, and impeding general economic and social progress of the state.

    4.  In designating the highways and roads of the state as provided in this chapter, the legislature places a high degree of trust in the hands of those officials whose duty it is, within the limits of available funds, to plan, develop, operate, maintain, control and protect the highways and roads of this state, for present as well as for future use.

    5.  To this end, it is the express intent of the legislature to make the board [of directors of the department of transportation] , in consultation with the legislative committee on transportation created pursuant to section 3 of this act, custodian of the state highways and roads and to provide sufficiently broad authority to enable the board to function adequately and efficiently in all areas of appropriate jurisdiction, subject to the limitations of the constitution and the legislative mandate proposed in this chapter.

    6.  The legislature intends:

    (a) To declare, in general terms, the powers and duties of the board , [of directors,] leaving specific details to be determined by reasonable regulations and declarations of policy which the board may promulgate.

    (b) By general grant of authority to the board [of directors] to delegate sufficient power and authority to enable the board to carry out , in consultation with the legislative committee on transportation created pursuant to section 3 of this act, the broad objectives contained in this chapter.

    7.  The problem of establishing and maintaining adequate highways and roads, eliminating congestion, reducing accident frequency and taking all necessary steps to ensure safe and convenient transportation on these public ways is no less urgent.

    8.  The legislature hereby finds, determines and declares that this chapter is necessary for the preservation of the public safety, the promotion of the general welfare, the improvement and development of facilities for transportation in the state, and other related purposes necessarily included therein, and as a contribution to the system of national defense.

    9.  The words “construction,” “maintenance” and “administration” used in section 5 of Article 9 of the constitution of the State of Nevada are broad enough to be construed to include and as contemplating the construction, maintenance and administration of the state highways and roads as established by this chapter and the landscaping, roadside improvements and planning surveys of the state highways and roads.

    Sec. 9. NRS 408.203 is hereby amended to read as follows:

    408.203  The director shall:

    1.  Compile a comprehensive report outlining the requirements for the construction and maintenance of highways for the next 10 years, including anticipated revenues and expenditures of the department, and submit it to the legislative committee on transportation created pursuant to section 3 of this act and to the director of the legislative counsel bureau for transmittal to the chairmen of the senate and assembly standing committees on transportation.

    2.  Compile a comprehensive report of the requirements for the construction and maintenance of highways for the next 3 years, including anticipated revenues and expenditures of the department, no later than October 1 of each even-numbered year, and submit it to the legislative committee on transportation created pursuant to section 3 of this act and to the director of the legislative counsel bureau for transmittal to the chairmen of the senate and assembly standing committees on transportation.

    3.  Report to the legislature by February 1 of odd-numbered years the progress being made in the department’s 12-year plan for the resurfacing of state highways. The report must include an accounting of revenues and expenditures in the preceding 2 fiscal years, a list of the projects which have been completed, including mileage and cost, and an estimate of the adequacy of projected revenues for timely completion of the plan.”.

    Amend section 1, page 1, line 3, by deleting “shall” and inserting:

[shall] :

    (a) Shall”.

    Amend section 1, page 1, by deleting line 6 and inserting:

“governmental entity.

    (b) May charge and collect from the short-term lessee a fee of 3.5 percent of the total amount for which the passenger car was leased, excluding any taxes or other fees imposed by a governmental entity, as reimbursement for vehicle licensing fees and taxes paid by the short-term lessor.

 

 
The amount of [the] any fee charged pursuant to this subsection must be indicated in the lease agreement.”.

    Amend section 1, pages 1 and 2, by deleting lines 20 and 21 on page 1 and lines 1 through 13 on page 2, and inserting:

    “(b) Remit to the department of taxation [:

    (1) One third of] the fees collected by the short-term lessor pursuant to paragraph (a) of subsection 1 during the immediately preceding [year pursuant to this section; and

    (2) Of the remainder of those fees, any amount in excess of the total amount of vehicle licensing fees and taxes paid by the short-term lessor during the immediately preceding year pursuant to this chapter.]calendar quarter.”.

    Amend section 1, page 2, line 14, by deleting “4.” and inserting “3.”.

    Amend section 1, page 2, line 17, by deleting “[4.] 5.” and inserting “4.”.

    Amend section 1, page 2, line 19, by deleting “[5.] 6.” and inserting “5.”.

    Amend section 1, page 2, line 21, by deleting “[6.] 7.” and inserting “6.”.

    Amend section 1, page 2, line 25, by deleting “[7.] 8.” and inserting “7.”.

    Amend sec. 2, page 2, line 31, by deleting “1” and inserting “10”.

    Amend the bill as a whole by deleting sec. 3 and adding new sections designated sections 12 and 13, following sec. 2, to read as follows:

    “Sec. 12. The legislative committee on transportation created pursuant to section 3 of this act shall:

    1.  Monitor and evaluate the effects of the amendatory provisions of section 10 of this act; and

    2.  On or before January 31 of each odd-numbered year, submit a report of its evaluation to the director of the legislative counsel bureau for transmittal to the next regular session of the legislature.

    Sec. 13. 1.  This section and sections 1 to 9, inclusive, of this act become effective on July 1, 2001.

    2.  Sections 10, 11 and 12 of this act become effective on January 1, 2002.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to transportation; creating the legislative committee on transportation; prescribing the membership, powers and duties of the committee; revising certain provisions concerning the board of directors of the department of transportation; revising provisions governing the remittance of fees by short-term lessors of passenger cars to the department of taxation; authorizing short-term lessors of passenger cars to charge a fee as reimbursement for payment of vehicle licensing fees and taxes; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Creates legislative committee on transportation and revises provisions governing fees collected by short-term lessors of passenger cars. (BDR 17‑589)”.

    Assemblywoman Chowning moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 460.

    Remarks by Assemblywoman Chowning.

    Motion carried.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 453.

    The following Senate amendment was read:

    Amendment No. 1197.

    Amend sec. 25, page 9, line 27, after “that” by inserting:

“the person charged with the offense:”.

    Amend sec. 29, page 11, line 46, after “department” by inserting:

and any designee of the department”.

    Amend sec. 29, page 12, line 2, after “department” by inserting:

or its designee”.

    Amend sec. 29, page 12, by deleting line 8 and inserting:

 

 
The items of information described in this subsection are confidential, not subject to subpoena or discovery and not subject to inspection by the general public.

    2.  Notwithstanding the provisions of subsection 1, the department or its designee may release the name and other identifying”.

    Amend sec. 29, page 12, line 11, after “department” by inserting:

or its designee”.

    Amend the bill as a whole by adding new sections designated sections 30.1 through 30.5, following sec. 30, to read as follows:

    “Sec. 30.1. 1.  The University of Nevada School of Medicine shall establish a program for the evaluation and research of the medical use of marijuana in the care and treatment of persons who have been diagnosed with a chronic or debilitating medical condition.

    2.  Before the School of Medicine establishes a program pursuant to subsection 1, the School of Medicine shall aggressively seek and must receive approval of the program by the Federal Government pursuant to 21 U.S.C. § 823 or other applicable provisions of federal law, to allow the creation of a federally approved research program for the use and distribution of marijuana for medical purposes.

    3.  A research program established pursuant to this section must include residents of this state who volunteer to act as participants and subjects, as determined by the School of Medicine.

    4.  A resident of this state who wishes to serve as a participant and subject in a research program established pursuant to this section may notify the School of Medicine and may apply to participate by submitting an application on a form prescribed by the department of administration of the School of Medicine.

    5.  The School of Medicine shall, on a quarterly basis, report to the interim finance committee with respect to:

    (a) The progress made by the School of Medicine in obtaining federal approval for the research program; and

    (b) If the research program receives federal approval, the status of, activities of and information received from the research program.

    Sec. 30.2.  1.  Except as otherwise provided in this section, the University of Nevada School of Medicine shall maintain the confidentiality of and shall not disclose:

    (a) The contents of any applications, records or other written materials that the School of Medicine creates or receives pursuant to the research program described in section 30.1 of this act; or

    (b) The name or any other identifying information of a person who has applied to or who participates in the research program described in section 30.1 of this act.

 

 
The items of information described in this subsection are confidential, not subject to subpoena or discovery and not subject to inspection by the general public.

    2.  Notwithstanding the provisions of subsection 1, the School of Medicine may release the name and other identifying information of a person who has applied to or who participates in the research program described in section 30.1 to:

    (a) Authorized employees of the State of Nevada as necessary to perform official duties related to the research program; and

    (b) Authorized employees of state and local law enforcement agencies, only as necessary to verify that a person is a lawful participant in the research program.

    Sec. 30.3. 1.  The department of administration of the University of Nevada School of Medicine may apply for or accept any gifts, grants, donations or contributions from any source to carry out the provisions of section 30.1 of this act.

    2.  Any money the department of administration receives pursuant to subsection 1 must be deposited in the state treasury pursuant to section 30.4 of this act.

    Sec. 30.4. 1.  Any money the department of administration of the University of Nevada School of Medicine receives pursuant to section 30.3 of this act or that is appropriated to carry out the provisions of section 30.1 of this act:

    (a) Must be deposited in the state treasury and accounted for separately in the state general fund;

    (b) May only be used to carry out the provisions of section 30.1 of this act, including the dissemination of information concerning the provisions of that section and such other information as is determined appropriate by the department of administration; and

    (c) Does not revert to the state general fund at the end of any fiscal year.

    2.  The department of administration of the School of Medicine shall administer the account. Any interest or income earned on the money in the account must be credited to the account. Any claims against the account must be paid as other claims against the state are paid.

    Sec. 30.5. The department shall vigorously pursue the approval of the Federal Government to establish:

    1.  A bank or repository of seeds that may be used to grow marijuana by persons who use marijuana in accordance with the provisions of sections 2 to 33, inclusive, of this act.

    2.  A program pursuant to which the department may produce and deliver marijuana to persons who use marijuana in accordance with the provisions of sections 2 to 33, inclusive, of this act.”.

    Amend sec. 37, page 14, line 20, by deleting:

“3, 4 and 5” and inserting:

“3 [, 4 and 5] and 4”.

    Amend sec. 37, page 15, line 17, by deleting “and” and inserting “or”.

    Amend sec. 37, page 15, line 20, by deleting “treatment.” and inserting:

treatment and, if the examination reveals that he is a drug addict and is likely to be rehabilitated through treatment, assigned to a program of treatment and rehabilitation pursuant to NRS 453.580.”.

    Amend sec. 37, page 15, line 22, by deleting “and” and inserting “or”.

    Amend sec. 37, page 15, by deleting lines 25 through 27 and inserting:

    “(c) For the third offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140.

    (d) For a fourth or subsequent offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.”.

    Amend sec. 38, page 15, line 33, after “inclusive,” by inserting:

“and sections 2 to 12, inclusive, of Senate Bill No. 397 of this [act]session”.

    Amend the bill as a whole by adding a new section designated sec. 48.5, following sec. 48, to read as follows:

    “Sec. 48.5. 1.  The 72nd session of the Nevada legislature shall review statistics provided by the legislative counsel bureau with respect to:

    (a) Whether persons exempt from state prosecution pursuant to section 17 of this act have been subject to federal prosecution for carrying out the activities concerning which they are exempt from state prosecution pursuant to that section;

    (b) The number of persons who participate in the medical use of marijuana in accordance with the provisions of sections 2 to 33, inclusive, of this act; and

    (c) The number of persons who are arrested and convicted for drug related offenses within the State of Nevada, to enable appropriations for budgets to be established at levels to provide adequate and appropriate drug treatment within this state.

    2.  If, after conducting the review described in subsection 1, the 72nd session of the Nevada legislature determines that the medical use of marijuana in accordance with the provisions of sections 2 to 33, inclusive, of this act is not in the best interests of the residents of this state, the legislature shall revise those provisions as it deems appropriate.”.

    Amend sec. 50, page 21, by deleting lines 25 and 26 and inserting:

    “3.  Sections 1 to 5, inclusive, 7 to 19, inclusive, 22 to 29, inclusive, 30.1 to 30.5, inclusive, 31, 31.3, 31.7, 33 to 36, inclusive, 38 to 47, inclusive, 48.5 and 49 of this act”.

    Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:

    “Whereas, Modern medical research, including the report Marijuana and Medicine: Assessing the Science Base that was released by the Institute of Medicine in 1999, indicates that there is a potential therapeutic value of using marijuana for alleviating pain and other symptoms associated with certain chronic or debilitating medical conditions, including, without limitation, cancer, glaucoma, acquired immunodeficiency syndrome, epilepsy and multiple sclerosis; and

    Whereas, The State of Nevada has a high incidence of such medical conditions and also has a large and increasing population of senior citizens who may suffer from medical conditions for which the use of marijuana may be useful in managing the pain that results from those conditions; and

    Whereas, The people of the State of Nevada recognized the importance of this research and the need to provide the option for those suffering from certain medical conditions to alleviate their pain with the medical use of marijuana, and in the general elections held in 1998 and 2000, voiced their overwhelming support for a constitutional amendment to allow for the medical use of marijuana in this state under certain circumstances; and

    Whereas, While the legislature respects the important and difficult decisions the Federal Government faces in exercising the powers delegated to it by the United States Constitution to establish policies and rules that are in the best interest of this nation, the State of Nevada as a sovereign state has the duty to carry out the will of the people of this state and to regulate the health, medical practices and well-being of those people in a manner that respects their personal decisions concerning the relief of suffering through the medical use of marijuana; and

    Whereas, This state should continue to study the benefits of the medical use of marijuana to develop new ways in which the medical use of marijuana may improve the lives of residents of this state who are suffering from chronic or debilitating conditions, and to include in such a study an examination of all established and approved federal protocols; and

    Whereas, Many residents of this state have suffered the negative consequences of abuse of and addiction to marijuana, and it is important for the legislature to ensure that the program established for the distribution and medical use of marijuana is designed in such a manner as not to harm the residents of this state by contributing to the general abuse of and addiction to marijuana; and

    Whereas, A majority of the men and women in our penal institutions have been convicted of offenses that involve the unlawful use of drugs, many involving marijuana, and there is a need for revising our statutes concerning persons who unlawfully possess smaller quantities of marijuana based on the premise that the rehabilitation of such users is a more appropriate and economical way to prevent recidivism and to address the problems that result from the abuse of marijuana; and

    Whereas, The legislature is strongly committed to evaluating the medical use of marijuana and recognizes the importance of its obligation to review the program for the distribution and medical use of marijuana and any related study conducted by the University of Nevada School of Medicine, to determine whether the program and study are effectively addressing the best interests of the people of the State of Nevada; now, therefore,”.

    Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 453.


    Remarks by Assemblyman Anderson.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 83, consisting of the undersigned members, has met and reports that:

    No decision was reached, and recommends the appointment of a second Conference Committee, to consist of 3 members, for the further consideration of the measure.

 

John Oceguera

Mark A. James

Greg Brower

Mike McGinness

Bernie Anderson

Terry Care

Assembly Conference Committee

Senate Conference Committee

 

    Assemblyman Oceguera moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 83.

    Remarks by Assemblyman Oceguera.

    Motion carried by a constitutional majority.

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen Manendo, Nolan and Ohrenschall as a second Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 83.

Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 377, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Assembly be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA6, which is attached to and hereby made a part of this report.

 

Kathy McClain

Mark Amodei

 

Maurice E. Washington

Dawn Gibbons

Valerie Wiener

Assembly Conference Committee

Senate Conference Committee

   

    Conference Amendment No. CA6.

    Amend section 1, page 2, by deleting lines 6 through 9 and inserting:

        “(2) Paragraph (c) of subsection 2 of NRS 422.387 is located, the county shall transfer:

            (I) An amount equal to 75 percent of the total amount distributed to that hospital pursuant to that paragraph for a fiscal year, less $75,000; or

            (II) Any maximum amount established by the legislature for a fiscal year,

 

 
whichever is less, to the division of health care financing and policy.”.

    Amend sec. 3, page 3, by deleting lines 23 through 29 and inserting:

    “(c) For a payment to each private hospital whose Medicaid utilization percentage is greater than the average for all the hospitals in this state and which is located in a county that has a public hospital, in an amount equal to:

        (1) If the Medicaid utilization percentage of the hospital is greater than 20 percent, $200 for each uncompensated day incurred by the hospital; and

        (2) If the Medicaid utilization percentage of the hospital is 20 percent or less, $100 for each uncompensated day incurred by the hospital.”.

    Amend sec. 3, page 3, by deleting lines 45 through 47.

    Amend sec. 3, page 3, line 48, by deleting “(b)” and inserting “(a)”.

    Amend sec. 3, page 4, between lines 2 and 3, by inserting:

    “(b) “Uncompensated day” means a day in which medical care is provided to an inpatient for which a hospital receives:

        (1) Not more than 25 percent of the cost of providing that care from the patient; and

        (2) No compensation for the cost of providing that care from any other person or any governmental program.”.

    Amend the bill as a whole by renumbering sections 5 through 8 as sections 6 through 9 and adding a new section designated sec. 5, following sec. 4, to read as follows:

    “Sec. 5. The maximum amount a county is required to transfer to the division of health care financing and policy of the department of human resources pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 422.382 for:

    1.  The fiscal year 2001-2002 is $900,000; and

    2.  The fiscal year 2002-2003 is $950,000.”.

    Amend sec. 5, page 5, by deleting lines 10 and 11 and inserting:

“subsection 1 of NRS 422.382 may impose a tax on the revenue of those hospitals during the fiscal years”.

    Amend sec. 5, page 5, by deleting line 13 and inserting:

“revenue, to pay for indigent care.”.

    Assemblywoman McClain moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 377.

    Remarks by Assemblywoman McClain.

    Motion carried by a constitutional majority.

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 399, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Senate be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA18, which is attached to and hereby made a part of this report.

 

Genie Ohrenschall

Jon C. Porter

Don Gustavson

Mike McGinness

Jerry D. Claborn

 

Assembly Conference Committee

Senate Conference Committee

   

    Conference Amendment No. CA18.

    Amend the bill as a whole by deleting section 1 and adding a new section designated section 1, following the enacting clause, to read as follows:

    “Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A public agency may commence an action in the name of the agency to recover the expense of an emergency response by the public agency against any person who knowingly:

    (a) Makes a false report to a public agency that a felony or misdemeanor has been committed or that an emergency exists; or

    (b) Creates the false appearance that a felony or misdemeanor has been committed or that an emergency exists, and that false appearance causes a false report to be made to a public agency that a felony or misdemeanor has been committed or that an emergency exists.

    2.  A civil action may be brought pursuant to this section even if there has been no criminal conviction for the false report.

    3.  If a public agency prevails in an action brought pursuant to this section, the court may award the public agency the costs of the action and reasonable attorney’s fees.

    4.  As used in this section:

    (a) “Expense of an emergency response” includes, without limitation, the reasonable costs incurred by a public agency in making an appropriate response to or investigation of a false report, including, without limitation, the salary or wages of any person responding to or investigating a false report, the deemed wages of any volunteer of a public agency participating in the response or investigation, the costs for use or operation of any equipment and the costs for the use or expenditure of any resources, fuel or other materials.

    (b) “Public agency” means an agency, bureau, board, commission, department or division of the State of Nevada or a political subdivision of the State of Nevada that provides police, fire-fighting, rescue or emergency medical services.”.

    Amend sec. 2, page 2, line 25, by deleting “or disseminated”.

    Assemblywoman Ohrenschall moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 399.

    Remarks by Assemblywoman Ohrenschall.

    Motion carried by a constitutional majority.

Consideration of Senate Amendments

    Assembly Bill No. 131.

    The following Senate amendment was read:

    Amendment No. 941.

    Amend the bill as a whole by renumbering sections 1 through 4 as sections 2 through 5 and adding a new section designated section 1, following the enacting clause, to read as follows:

    “Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If a board of county commissioners determines that a nuisance or other condition described in NRS 244.3601, 244.3603 or 244.3605 requires the relocation of tenants, the board may arrange for the relocation of the tenants and may, in accordance with subsection 2, recover the cost of such relocation from the person determined by the board to be primarily responsible for creating the nuisance or other condition that required the relocation of the tenants.

    2.  Before a board of county commissioners recovers from a person the cost of relocating tenants, the board shall:

    (a) Send notice, by certified mail, return receipt requested, to the person from whom the board seeks to recover the cost of the relocation, setting forth the date by which the person must remit payment to the county; and

    (b) Afford the person from whom the board seeks to recover the cost of the relocation an opportunity for a hearing before the designee of the board and an appeal of that decision to the board.

 

 
The date specified in the notice by which the person must remit payment to the county is tolled for the period during which the person requests a hearing and receives a decision.

    3.  If a person appeals the decision of the designee to the board as described in paragraph (b) of subsection 2 and is aggrieved by the determination of the board, the person may, within 30 days after the making of the determination, appeal to the district court of the county. A judicial review authorized pursuant to this subsection must be limited to whether the determination was arbitrary, capricious or otherwise characterized by an abuse of discretion and must be conducted in accordance with the procedures set forth in chapter 233B of NRS for reviewing a final decision of an agency.”.

    Amend section 1, pages 1 and 2, by deleting lines 5 through 9 on page 1 and lines 1 through 4 on page 2, and inserting:

“that [is determined to be an imminent danger to the surrounding neighborhood by] at least three persons [appointed by the board] who enforce building codes, housing codes, zoning ordinances or local health regulations, or who are members of a local law enforcement agency or fire department [.] determine in a signed, written statement to be an imminent danger to the surrounding neighborhood. The owner of the property on which the structure or condition is located must be given reasonable written notice [at least 72 hours] that is:

    (a) If practicable, hand-delivered or sent prepaid by United States mail to the owner of the property; or

    (b) Posted on the property,

 

 
before the structure or condition is so secured. The notice must state clearly that the owner of the property may challenge the action to secure the structure or condition and must provide a telephone number and address at which the owner may obtain additional information.

    2.  The costs of securing the structure or condition may be made”.

    Amend sec. 2, page 2, by deleting lines 39 through 43 and inserting:

“propertyif the owner fails to abate the condition.

    3.  If the court finds that a chronic nuisance exists and [emergency] action is necessary to avoid [immediate] serious threat to the public welfare or the safety [,] or health of the occupants of the property, the court [shall] may order the county to secure and close the property”.

    Amend sec. 2, page 3, by deleting lines 2 and 3 and inserting:

“county in abating the condition; and”.

    Amend sec. 3, page 4, by deleting lines 25 and 26 and inserting:

“property if the owner fails to abate the condition.”.

    Amend the bill as a whole by adding a new section designated sec. 6, following sec. 4, to read as follows:

    “Sec. 6. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The governing body of each city which is located in a county whose population is 100,000 or more may, by ordinance, to protect the public health, safety and welfare of the residents of the city, adopt procedures pursuant to which the city attorney may file an action in a court of competent jurisdiction to seek:

    (a) The abatement of an abandoned nuisance that is located or occurring within the city;

    (b) The repair, safeguarding or demolition of any structure or property where an abandoned nuisance is located or occurring within the city;

    (c) Authorization for the city to take the actions described in paragraphs (a) and (b);

    (d) Civil penalties against an owner of any structure or property where an abandoned nuisance is located or occurring within the city; and

    (e) Any other appropriate relief.

    2.  An ordinance adopted pursuant to subsection 1 must:

    (a) Contain procedures pursuant to which the owner of the property is:

        (1) Sent notice, by certified mail, return receipt requested, by a person authorized by the city to issue a citation of the existence on his property of three or more abandoned nuisance activities and the date by which he must abate the abandoned nuisance to prevent the matter from being submitted to the city attorney for legal action; and

        (2) Afforded an opportunity for a hearing before a court of competent jurisdiction.

    (b) Provide that the date specified in the notice by which the owner must abate the abandoned nuisance is tolled for the period during which the owner requests a hearing and receives a decision.

    (c) Provide the manner in which the city will, if the owner fails to abate the abandoned nuisance, recover money expended for labor and materials used to:

        (1) Abate the abandoned nuisance on the property; or

        (2) If applicable, repair, safeguard or demolish a structure or property where the abandoned nuisance is located or occurring.

    3.  If the court finds that an abandoned nuisance exists, the court shall order the owner of the property to abate the abandoned nuisance or repair, safeguard or demolish any structure or property where the abandoned nuisance is located or occurring, and may:

    (a) If applicable, order the owner of the property to pay reasonable expenses for the relocation of any tenants who occupy the property legally and who are affected by the abandoned nuisance;

    (b) If the owner of the property fails to comply with the order:

        (1) Direct the city to abate the abandoned nuisance or repair, safeguard or demolish any structure or property where the abandoned nuisance is located or occurring; and

        (2) Order the owner of the property to pay the city for the cost incurred by the city in taking the actions described in subparagraph (1); and

    (c) Order any other appropriate relief.

    4.  In addition to any other reasonable means authorized by the court for the recovery of money expended by the city to abate the abandoned nuisance, the governing body of the city may provide that the expense is a lien upon the property upon which such an abandoned nuisance is located or occurring. The lien must be perfected by:

    (a) Mailing by certified mail a notice of the lien, separately prepared for each lot affected, addressed to the last known owner of the property at his last known address, as determined by the real property assessment roll in the county in which the property is located; and

    (b) Filing with the county recorder of the county in which the property is located, a statement of the amount due and unpaid and describing the property subject to the lien.

    5.  As used in this section:

    (a) An “abandoned nuisance” exists on any property where a building or other structure is located on the property, the property is located in a city that is in a county whose population is 100,000 or more, the property has been vacant or substantially vacant for 2 years or more and:

        (1) Three or more abandoned nuisance activities exist or have occurred on the property during any 12-month period; or

        (2) A person associated with the property has caused or engaged in three or more abandoned nuisance activities during any 12-month period on the property or within 100 feet of the property.

    (b) “Abandoned nuisance activity” means:

        (1) Instances of unlawful breaking and entering or occupancy by unauthorized persons;

        (2) The presence of graffiti, debris, litter, garbage, rubble, abandoned materials, inoperable vehicles or junk appliances;

        (3) The presence of unsanitary conditions or hazardous materials;

        (4) The lack of adequate lighting, fencing or security;

        (5) Indicia of the presence or activities of gangs;

        (6) Environmental hazards;

        (7) Violations of city codes, ordinances or other adopted policy; or

        (8) Any other activity, behavior, conduct or condition defined by the governing body of the city to constitute a threat to the health, safety or welfare of the residents of or visitors to the city.

    (c) “Person associated with the property” means a person who, on the occasion of an abandoned nuisance activity, has:

        (1) Entered, patronized or visited;

        (2) Attempted to enter, patronize or visit; or

        (3) Waited to enter, patronize or visit,

 

 
a property or a person present on the property.”.

    Amend the title of the bill to read as follows:

AN ACT relating to local governments; expanding the authority of the board of county commissioners of a county to abate nuisances, dangerous structures and dangerous conditions; authorizing the recovery of any applicable costs for the relocation of tenants incurred by the county in abating certain conditions; providing that a board of county commissioners may levy a special assessment to collect costs incurred by the county in abating certain conditions instead of imposing a lien; authorizing a board of county commissioners to adopt certain housing codes; expanding the authority of the governing body of certain cities to abate certain types of nuisances; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY¾Expands authority of counties and cities to abate certain conditions on real property. (BDR 22‑149)”.

    Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 131.

    Remarks by Assemblyman Bache.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 637, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Senate be concurred in.

 

Douglas A. Bache

Dina Titus

Chris Giunchigliani

Ann O'Connell

Greg Brower

Terry Care

Assembly Conference Committee

Senate Conference Committee

 

    Assemblyman Bache moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 637.

    Remarks by Assemblyman Bache.

    Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Ways and Means, to which was referred Assembly Bill No. 232, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

SECOND READING AND AMENDMENT

    Assembly Bill No. 232.

    Bill read second time.

    The following amendment was proposed by the Committee on Ways and Means:

    Amendment No. 1132.

    Amend sec. 11, page 2, line 39, before “The” by inserting:

The rules must include, without limitation, rules relating to the administration of the retirement plans in accordance with federal law.”.

    Amend sec. 13, page 3, by deleting line 16 and inserting:

fund, all money submitted to the system for deposit in the fund pursuant to section 13.5 of this act and all income accruing to the fund from all other sources must be”.

    Amend the bill as a whole by adding a new section designated sec. 13.5, following sec. 13, to read as follows:

    “Sec. 13.5.  1.  Beginning July 1, 2003, the court administrator shall submit to the system for deposit in the judicial retirement fund on behalf of each member of the system the percentage of compensation of the member that is determined by the actuary of the system to be required to pay the normal cost incurred in making payments pursuant to subsection 5 of section 13 of this act and any administrative expenses of the system. Such payments must be:

    (a) Accompanied by payroll reports that include information deemed necessary by the board to carry out its duties; and

    (b) Received by the system not later than 15 days after the calendar month for which the compensation and service credits of members of the system are reported and certified by the court administrator. The compensation must be reported separately for each month that it is paid.

    2.  Beginning July 1, 2003, the court administrator shall pay to the system for deposit in the judicial retirement fund from any fund created for the purpose of paying pension benefits to justices of the supreme court or district judges an amount as the contribution of the State of Nevada as employer which is actuarially determined to be sufficient to provide the system with enough money to pay all benefits for which the system will be liable.”.

    Amend sec. 19, page 4, line 27, by deleting “member,” and inserting:

member of the system,”.

    Amend sec. 19, page 4, line 32, by deleting “judge.” and inserting:

judge that are maintained by the court administrator.”.

    Amend sec. 23, page 6, by deleting lines 31 through 37 and inserting:

retirement plan if he gives written notice to the board of his intention to withdraw from the public employees’ retirement system and to become a member of the judicial retirement plan. Such notice must be given to the board within the time set forth in subsection 3 and must be given the first time that the justice or judge is elected or appointed while he is a member of the public employees’ retirement system.

    2.  A justice or judge may not become a member of the judicial retirement plan pursuant to subsection 1 if he has previously been elected or appointed on or after November 5, 2002, and taken office on or after January 1, 2003, while he was a member of the public employees’ retirement system and he did not give notice of his intention to withdraw from the public employees’ retirement system and to become a member of the judicial retirement plan in the manner set forth in this section.”.

    Amend sec. 23, page 6, line 38, by deleting “2.” and inserting “3.”.

    Amend sec. 23, page 6, line 40, after “year” by inserting “immediately”.

    Amend sec. 23, page 6, line 44, by deleting “3.” and inserting “4.”.

    Amend sec. 23, page 6, by deleting lines 46 through 48 and inserting:

system, it shall transfer from the public employees’ retirement fund to the judicial retirement plan the accrued actuarial liability and credit for service earned by the justice or judge while a member of the public employees’ retirement system as determined by an actuary of the judicial retirement system. The service so”.

    Amend sec. 23, page 7, line 3, by deleting “4.” and inserting “5.”.

    Amend sec. 23, page 7, line 5, by deleting “5.” and inserting “6.”.

    Amend sec. 23, page 7, by deleting line 7 and inserting:

both this chapter and chapter 286 of NRS.”.

    Amend sec. 23, page 7, line 8, by deleting “6.” and inserting “7.

    Amend sec. 25, page 7, line 31, after “may” by inserting:

, except as otherwise provided in subsection 2,”.

    Amend sec. 25, page 7, line 34, after “2.” by inserting:

A justice or judge may purchase creditable service pursuant to subsection 1 only if, at the time of the purchase, he is employed in a position whose occupant is eligible for membership in the judicial retirement plan.

    3.”.

    Amend sec. 25, page 7, between lines 46 and 47, by inserting:

    “4.  If a member of the judicial retirement plan enters into an agreement whereby he agrees to pay for the purchase of service credit in installments and he defaults on that agreement, the member is entitled to receive service credit in the proportion that the principal paid bears to the principal due under the agreement.”.

    Amend sec. 27, page 8, by deleting lines 4 and 5 and inserting:

begins on the day his term of office begins and terminates on the day his term of office expires, unless sooner terminated on the day of”.

    Amend sec. 29, page 8, line 15, by deleting “service,” and inserting “service”.

    Amend sec. 29, page 8, line 21, by deleting “under” and inserting “pursuant to”.

    Amend sec. 29, page 8, line 25, by deleting “under” and inserting “pursuant to”.

    Amend sec. 30, page 8, line 30, by deleting “3” and inserting “4”.

    Amend sec. 30, page 8, line 31, by deleting “section 31” and inserting:

sections 31 and 31.5”.

    Amend sec. 30, page 8, line 40, after “3.” by inserting:

If a retired justice or judge who accepts employment as a justice of the supreme court or district judge in a judicial capacity pursuant to this section elects not to reenroll in the judicial retirement plan pursuant to subsection 1 of section 31 of this act, the court administrator may pay contributions on behalf of the retired justice or judge to a retirement fund which is not a part of the judicial retirement plan in an amount not to exceed the amount of the contributions that the court administrator would pay to the system on behalf of a participating justice or judge who is employed in a similar position.

    4.”.

    Amend the bill as a whole by adding a new section designated sec. 31.5, following sec. 31, to read as follows:

    “Sec. 31.5.  1.  The provisions of subsection 1 of section 30 of this act do not apply to a retired justice or judge who accepts employment as a justice of the supreme court or district judge in a judicial capacity if:

    (a) He fills a position for which there is a critical labor shortage; and

    (b) At the time of his reemployment, he is receiving:

        (1) An unmodified benefit; or

        (2) A benefit actuarially reduced pursuant to subsection 2 of section 29 of this act and has reached the required age at which he could have retired with an unmodified benefit.

    2.  A retired justice or judge who is reemployed under the circumstances set forth in subsection 1 may reenroll in the judicial retirement plan as provided in section 31 of this act.

    3.  The supreme court shall designate positions in the judicial branch of state government for which there are critical labor shortages.”.

    Amend sec. 54, page 17, line 5, by deleting “accredited contributing” and inserting “creditable”.

    Amend sec. 54, page 17, lines 6 and 7, by deleting “accredited contributing” and inserting “creditable”.

    Amend sec. 54, page 17, line 20, by deleting “contributing” and inserting “creditable”.

    Amend sec. 54, page 17, line 21, by deleting “under” and inserting “pursuant to”.

    Amend sec. 54, page 17, between lines 24 and 25 by inserting:

    “4.  As used in this section, “dependent” includes a survivor beneficiary designated pursuant to section 57.2 of this act.”.

    Amend sec. 57, page 18, line 15, by deleting “accredited contributing” and inserting “creditable”.

    Amend the bill as a whole by adding new sections designated sections 57.2 through 57.8, following sec. 57, to read as follows:

    “Sec. 57.2.  An unmarried member of the judicial retirement plan may designate, in writing, a survivor beneficiary to receive the payments provided pursuant to section 57.4, 57.6 or 57.8 of this act if the member is unmarried on the date of his death. A designation pursuant to this section must be made on a form approved by the executive officer of the board.

    Sec. 57.4.  1.  The survivor beneficiary of a deceased member of the judicial retirement plan is entitled to receive a cumulative benefit of at least $450 per month. The payments must begin on the first day of the month immediately following the death of the member and must cease on the last day of the month in which the survivor beneficiary dies.

    2.  The benefits paid pursuant to this section are in addition to any benefits paid pursuant to section 55 of this act.

    3.  As used in this section, “survivor beneficiary” means a person designated pursuant to section 57.2 of this act.

    Sec. 57.6.  1.  The survivor beneficiary of a deceased member of the judicial retirement plan who had 10 or more years of creditable service is entitled to receive a monthly allowance equivalent to that provided by:

    (a) Option 3 in section 38 of this act, if the deceased member had less than 15 years of service on the date of his death; or

    (b) Option 2 in section 38 of this act, if the deceased member had 15 or more years of service on the date of his death.

 

 
To apply the provisions of Options 2 and 3, the deceased member shall be deemed to have retired on the date of his death immediately after having named the survivor beneficiary as beneficiary pursuant to the applicable option. This benefit must be computed without any reduction for age for the deceased member. The benefits provided by this subsection must be paid to the survivor beneficiary for the remainder of the life of the survivor beneficiary.

    2.  The survivor beneficiary may elect to receive the benefits provided by any one of the following only:

    (a) This section; or

    (b) Section 57.4 of this act.

    3.  As used in this section, “survivor beneficiary” means a person designated pursuant to section 57.2 of this act.

    Sec. 57.8.  1.  The survivor beneficiary of a deceased member of the judicial retirement plan who was fully eligible to retire, both as to service and age, is entitled to receive a monthly allowance equivalent to that provided by Option 2 in section 38 of this act. This section does not apply to the survivor beneficiary of a member who was eligible to retire only pursuant to subsection 2 of section 29 of this act. For the purposes of applying the provisions of Option 2, the deceased member shall be deemed to have retired on the date of his death immediately after having named the survivor beneficiary as beneficiary pursuant to Option 2. The benefits provided by this section must be paid to the survivor beneficiary for the remainder of the life of the survivor beneficiary. The survivor beneficiary may elect to receive the benefits provided by any one of the following only:

    (a) This section;

    (b) Section 57.4 of this act; or

    (c) Section 57.6 of this act.

    2.  As used in this section, “survivor beneficiary” means a person designated pursuant to section 57.2 of this act.”.

    Amend sec. 58, page 18, line 34, by deleting “option” and inserting “Option”.

    Amend sec. 58, page 18, line 37, by deleting “option” and inserting “Option”.

    Amend sec. 58, page 18, line 39, by deleting “option” and inserting “Option”.

    Amend sec. 59, page 18, line 46, by deleting “under” and inserting “pursuant to”.

    Amend sec. 59, page 18, line 47, by deleting:

56 or 57” and inserting:

56, 57, 57.4 or 57.6”.

    Amend sec. 59, page 19, line 2, by deleting “under” and inserting “pursuant to”.

    Amend sec. 61, page 19, by deleting lines 13 through 15 and inserting:

    “Sec. 61.  1.  The retirement allowance for a member of the judicial retirement plan becomes vested on the date that the member completes 5 years of creditable service.”.

    Amend sec. 61, page 19, line 18, by deleting “accredited contributing” and inserting “creditable”.

    Amend sec. 63, page 19, by deleting lines 37 through 44 and inserting:

    “[1.] (a) Claims of justices of the supreme court pursuant to NRS [2.050 and 2.060.

    2.] 2.060.

    (b) Claims pursuant to NRS 2.070 and section 15 of Senate Bill No. 349 of this [act.

    3.] session.

    (c) Claims of judges of the district courts pursuant to NRS [3.030 and 3.090.

    4.] 3.090.

    (d) Claims pursuant to NRS 3.095 and section 16 of Senate Bill No. 349 of this [act.] session.”.

    Amend sec. 64, page 20, line 3, by deleting “inclusive:” and inserting:

inclusive, and section 15 of Senate Bill No. 349 of this session:”.

    Amend sec. 69, page 22, line 42, by deleting “inclusive:” and inserting:

inclusive, and section 16 of Senate Bill No. 349 of this session:”.

    Amend sec. 78, page 28, line 30, by deleting “30” and inserting “60”.

    Amend sec. 80, page 30, line 9, by deleting “date” and inserting “date,”.

    Amend sec. 80, page 30, line 20, by deleting “30” and inserting “60”.

    Amend sec. 80, page 30, line 33, after “inclusive,” by inserting:

“and section 3 of Assembly Bill No. 452 of this [act] session”.

    Amend the bill as a whole by adding new sections designated sections 82.1 through 82.6, following sec. 82, to read as follows:

    “Sec. 82.1.  Section 30 of this act is hereby amended to read as follows:

    Sec. 30.  1.  Except as otherwise provided in subsection 4 and [sections 31 and 31.5] section 31 of this act, if a retired justice or judge accepts employment as a justice of the supreme court or district judge in any judicial capacity, including, without limitation, employment as a senior justice or senior judge of the Nevada court system, he is disqualified from receiving any allowances under the judicial retirement plan for the duration of his active service.

    2.  If a retired justice or judge accepts any employment other than that described in subsection 1, the justice or judge is entitled to the same allowances as a retired justice or judge who has no employment.

    3.  If a retired justice or judge who accepts employment as a justice of the supreme court or district judge in a judicial capacity pursuant to this section elects not to reenroll in the judicial retirement plan pursuant to subsection 1 of section 31 of this act, the court administrator may pay contributions on behalf of the retired justice or judge to a retirement fund which is not a part of the judicial retirement plan in an amount not to exceed the amount of the contributions that the court administrator would pay to the system on behalf of a participating justice or judge who is employed in a similar position.

    4.  The system may waive for one period of 30 days or less a retired justice’s or judge’s disqualification under this section if the chief justice of the supreme court certifies in writing, in advance, that the retired justice or judge is recalled to meet an emergency and that no other qualified person is immediately available.

    Sec. 82.2.  Section 4 of Senate Bill No. 349 of this session is hereby amended to read as follows:

    Sec. 4. 1.  Except as limited by subsection 3, the survivor beneficiary of a deceased member who had 10 or more years of accredited contributing service is entitled to receive a monthly allowance equivalent to that provided by:

    (a) Option 3 in NRS 286.590, if the deceased member had less than 15 years of service on the date of his death; or

    (b) Option 2 in NRS 286.590, if the deceased member had 15 or more years of service on the date of his death.

 

 
To apply the provisions of Options 2 and 3, the deceased member shall be deemed to have retired on the date of his death immediately after having named the survivor beneficiary as beneficiary pursuant to the applicable option. This benefit must be computed without any reduction for age for the deceased member. The benefits provided by this subsection must be paid to the survivor beneficiary for the remainder of the life of the survivor beneficiary.

    2.  The survivor beneficiary may elect to receive the benefits provided by any one of the following only:

    (a) This section;

    (b) Section 3 of this act; or

    (c) Section 6 of this act.

    3.  The benefits provided by paragraph (a) of subsection 1 may only be paid to the survivor beneficiary of a member who died on or after January 1, 2002.

    4.  As used in this section, “survivor beneficiary” means a person designated pursuant to section 2 of this act.

    Sec. 82.3.  Section 15 of Senate Bill No. 349 of this session is hereby amended to read as follows:

    Sec. 15. Chapter 2 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  An unmarried justice of the supreme court may designate, in writing, a survivor beneficiary to receive the payments provided pursuant to this section if the justice is unmarried on the date of his death. A designation pursuant to this section must be made on a form approved by the court administrator.

    2.  If a justice of the supreme court at the time of his death had retired and was then receiving a pension pursuant to the provisions of NRS 2.060, or if at the time of his death the justice had not retired but had performed sufficient service for retirement pursuant to the provisions of NRS 2.060, the survivor beneficiary designated pursuant to subsection 1, if the survivor beneficiary has attained the age of 60 years, is entitled, until his death, to receive monthly payments of $2,500 per month.

    3.  If a survivor beneficiary of a justice is not eligible to receive benefits pursuant to subsection 2, he is entitled, until his death or until he becomes eligible to receive those benefits, to receive payments equal in amount to the payment provided in subsection 1 of section 3 of this act for the survivor beneficiary of a deceased member of the public employees’ retirement system.

    4.  To obtain these benefits, the survivor beneficiary must make application to the board, commission or authority entrusted with the administration of the judges’ pensions and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.

    5.  Any person receiving a benefit pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired pursuant to the public employees’ retirement system.

    6.  It is the intent of this section that no special fund be created for the purpose of paying these benefits, and all payments made pursuant to the provisions of this section are to be made out of and charged to any fund created for the purpose of paying pension benefits to justices of the supreme court.

    Sec. 82.4.  Section 15 of Senate Bill No. 349 of this session is hereby amended to read as follows:

    Sec. 15.  Chapter 2 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  An unmarried justice of the supreme court may designate, in writing, a survivor beneficiary to receive the payments provided pursuant to this section if the justice is unmarried on the date of his death. A designation pursuant to this section must be made on a form approved by the court administrator.

    2.  If a justice of the supreme court at the time of his death had retired and was then receiving a pension pursuant to the provisions of NRS 2.060, or if at the time of his death the justice had not retired but had performed sufficient service for retirement pursuant to the provisions of NRS 2.060, the survivor beneficiary designated pursuant to subsection 1, if the survivor beneficiary has attained the age of 60 years, is entitled, until his death, to receive monthly payments of $2,500 per month.

    3.  If a survivor beneficiary of a justice is not eligible to receive benefits pursuant to subsection 2, he is entitled, until his death or until he becomes eligible to receive those benefits, to receive payments equal in amount to the payment provided in subsection 1 of section 3 of this act for the survivor beneficiary of a deceased member of the public employees’ retirement system.

    4.  To obtain these benefits, the survivor beneficiary must make application to the [board, commission or authority entrusted with the administration of the judges’ pensions] executive officer of the public employees’ retirement board and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.

    5.  Any person receiving a benefit pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired pursuant to the public employees’ retirement system.

    6.  It is the intent of this section that no special fund be created for the purpose of paying these benefits, and all payments made pursuant to the provisions of this section are to be made out of and charged to [any fund created for the purpose of paying pension benefits to justices of the supreme court.] the judicial retirement fund established pursuant to section 13 of Assembly Bill No. 232 of this session.

    Sec. 82.5.  Section 16 of Senate Bill No. 349 of this session is hereby amended to read as follows:

    Sec. 16. Chapter 3 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  An unmarried district judge may designate, in writing, a survivor beneficiary to receive the payments provided pursuant to this section if the judge is unmarried on the date of his death. A designation pursuant to this section must be made on a form approved by the court administrator.

    2.  If a district judge at the time of his death had retired and was then receiving a pension pursuant to the provisions of NRS 3.090, or if at the time of his death the judge had not retired but had performed sufficient service for retirement pursuant to the provisions of NRS 3.090, the survivor beneficiary designated pursuant to subsection 1, if the survivor beneficiary has attained the age of 60 years, is entitled, until his death, to receive monthly payments of $2,500 per month.

    3.  If a survivor beneficiary of a judge is not eligible to receive benefits pursuant to subsection 2, he is entitled, until his death or until he becomes eligible to receive those benefits, to receive payments equal in amount to the payment provided in subsection 1 of section 3 of this act for the survivor beneficiary of a deceased member of the public employees’ retirement system.

    4.  To obtain these benefits, the survivor beneficiary must make application to the board, commission or authority entrusted with the administration of the judges’ pensions and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.

    5.  Any person receiving a benefit pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired pursuant to the public employees’ retirement system.

    6.  It is the intent of this section that no special fund be created for the purpose of paying these benefits, and all payments made pursuant to the provisions of this section are to be made out of and charged to any fund created for the purpose of paying pension benefits to district judges.

    Sec. 82.6.  Section 16 of Senate Bill No. 349 of this session is hereby amended to read as follows:

    Sec. 16. Chapter 3 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  An unmarried district judge may designate, in writing, a survivor beneficiary to receive the payments provided pursuant to this section if the judge is unmarried on the date of his death. A designation pursuant to this section must be made on a form approved by the court administrator.

    2.  If a district judge at the time of his death had retired and was then receiving a pension pursuant to the provisions of NRS 3.090, or if at the time of his death the judge had not retired but had performed sufficient service for retirement pursuant to the provisions of NRS 3.090, the survivor beneficiary designated pursuant to subsection 1, if the survivor beneficiary has attained the age of 60 years, is entitled, until his death, to receive monthly payments of $2,500 per month.

    3.  If a survivor beneficiary of a judge is not eligible to receive benefits pursuant to subsection 2, he is entitled, until his death or until he becomes eligible to receive those benefits, to receive payments equal in amount to the payment provided in subsection 1 of section 3 of this act for the survivor beneficiary of a deceased member of the public employees’ retirement system.

    4.  To obtain these benefits, the survivor beneficiary must make application to the [board, commission or authority entrusted with the administration of the judges’ pensions] executive officer of the public employees’ retirement fund and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.

    5.  Any person receiving a benefit pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired pursuant to the public employees’ retirement system.

    6.  It is the intent of this section that no special fund be created for the purpose of paying these benefits, and all payments made pursuant to the provisions of this section are to be made out of and charged to [any fund created for the purpose of paying pension benefits to district judges.] the judicial retirement fund established pursuant to section 13 of Assembly Bill No. 232 of this session.”.

    Amend the bill as a whole by adding a new section designated sec. 84.5, following sec. 84, to read as follows:

    “Sec. 84.5.  1.  From January 1, 2003, through June 30, 2003, the court administrator shall submit to the judicial retirement system for deposit in the judicial retirement fund created pursuant to section 13 of this act on behalf of each member of the judicial retirement system 25.6 percent of the compensation of the member. Such payments must be:

    (a) Deposited in the fund;

    (b) Accompanied by payroll reports that include information deemed necessary by the public employees’ retirement board to carry out its duties; and

    (c) Received by the judicial retirement system not later than 15 days after the calendar month for which the compensation and service credits of members of the judicial retirement system are reported and certified by the court administrator. The compensation must be reported separately for each month that it is paid.

    2.  As used in this section, “compensation” means the salary paid to a justice of the supreme court or district judge by this state including:

    (a) Base pay, which is the monthly rate of pay excluding all fringe benefits;

    (b) Additional payment for longevity; and

    (c) Payment for extra duty assignments if it is the standard practice of this state to include such pay in the employment contract or official job description for the calendar year in which it is paid and such pay is specifically included in the justice’s or judge’s employment contract or official job description.

    3.  The term “compensation” does not include any type of payment not specifically described in subsection 2.”.

    Amend sec. 85, page 32, line 15, by deleting “$14,342,070” and inserting “$5,000,000”.

    Amend sec. 86, page 32, by deleting lines 19 through 22 and inserting:

    “Sec. 86.  1.  This section and sections 13, 82.2, 82.3, 82.5 and 85 of this act become effective upon passage and approval.

    2.  Sections 1 to 12, inclusive, 13.5 to 82, inclusive, 82.4, and 82.6 to 84.5, inclusive, of this act become effective on January 1, 2003.

    3.  Section 31.5 of this act expires by limitation on June 30, 2005.

    4.  Section 82.1 of this act becomes effective on July 1, 2005.”.

    Assemblyman Arberry moved the adoption of the amendment.

    Remarks by Assemblyman Arberry.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Ways and Means, to which were referred Assembly Bills Nos. 671, 672, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry Jr., Chairman

general file and third reading

    Assembly Bill No. 671.

    Bill read third time.

    Remarks by Assemblyman Beers.

    Roll call on Assembly Bill No. 671:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 671 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 672.

    Bill read third time.

    Roll call on Assembly Bill No. 672:

    Yeas—40.

    Nays—Angle, Gustavson—2.

    Assembly Bill No. 672 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, June 4, 2001

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 584, 585, 586; Assembly Bill No. 175.

                                                                                    Mary Jo Mongelli

                                                                                Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Giunchigliani moved that Assembly Bill No. 606 be taken from the Chief Clerk's desk and placed on the General File.

    Remarks by Assemblywoman Giunchigliani.

    Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

    Senate Bill No. 584.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

    Senate Bill No. 585.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

    Senate Bill No. 586.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

    Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 12:35 p.m.

ASSEMBLY IN SESSION

    At 12:41 p.m.

    Mr. Speaker presiding.

    Quorum present.


general file and third reading

    Assembly Bill No. 606.

    Bill read third time.

    The following amendment was proposed by the Committee on Ways and Means:

    Amendment No. 1253.

    Amend the bill as a whole by deleting sec. 12 and inserting:

    “Sec. 12.  (Deleted by amendment.)”.

    Amend sec. 18, page 9, by deleting lines 17 through 33 and inserting:

1    Clark                             $68,580$145,000               $130,000               $91,440$91,440$91,440$91,440$91,440

2  Washoe                              50,292   128,000107,00083,820   83,820   83,820   83,820   83,820

3  Carson City                      22,860   91,897   76,200   65,227   65,227   - - - - -     65,227   - - - - -

    Churchill                          22,860   91,897   76,200   65,227   65,227   65,227   - - - - -     - - - - -

    Douglas                             22,860   91,897   76,200   65,227   65,227   65,227   - - - - -     - - - - -

    Elko                   22,860   91,897   76,200   65,227   65,227   65,227   65,227   - - - - -

    Lyon                   22,860   91,897   76,200   65,227   65,227   65,227   - - - - -     - - - - -

    Nye     22,860   91,897   76,200   65,227   65,227   65,227   65,227   - - - - -

    Humboldt                          22,860   91,897   76,200   65,227   65,227   65,227   65,227   - - - - -

4  Lander                               22,860   86,792   68,580   54,407   54,407   54,407   54,407   - - - - -

    White Pine                        22,860   86,792   68,580   54,407   54,407   54,407   54,407   - - - - -

5  Eureka                               19,355   76,581   54,864   48,768   48,768   48,768   - - - - -     - - - - -

    Lincoln                              19,355   76,581   54,864   48,768   48,768   48,768   48,768   - - - - -

    Mineral                             19,355   76,581   54,864   48,768   48,768   48,768   - - - - -     - - - - -

    Pershing                            19,355   76,581   54,864   48,768   48,768   48,768   - - - - -     - - - - -

    Storey                                19,355   76,581   54,864   48,768   48,768   48,768   - - - - -     - - - - -

6  Esmeralda                         15,240   60,808   48,768   42,672   42,672   42,672   - - - - -     - - - - -”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywomen Giunchigliani, Gibbons and Hettrick.

    Amendment adopted.

    Bill ordered reprinted, re-engrossed and to third reading.

UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

The second Conference Committee concerning Assembly Bill No. 195, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Senate be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA25, which is attached to and hereby made a part of this report.

 

Ellen M. Koivisto

 

Bonnie L. Parnell

Valerie Wiener

Merle Berman

Bernice Mathews

Assembly Conference Committee

Senate Conference Committee

   

    Conference Amendment No. CA25.

    Amend sec. 3, page 2, line 4, by deleting “shall” and inserting:

shall, after consulting with the members of the assembly who reside within his senatorial district,”.

    Assemblywoman Koivisto moved that the Assembly adopt the report of the second Conference Committee concerning Assembly Bill No. 195.

    Remarks by Assemblywoman Koivisto.

    Motion carried by a constitutional majority.

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 554, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Assembly be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA5, which is attached to and hereby made a part of this report.

 

Douglas A. Bache

William R. O'Donnell

Merle Berman

Jon C. Porter

Debbie Smith

Dina Titus

Assembly Conference Committee

Senate Conference Committee

   

    Conference Amendment No. CA5.

    Amend section 1, page 2, line 24, by deleting:

cost of the” and inserting:

filing of an”.

    Amend sec. 10, page 7, line 38, by deleting “[40,000]” and inserting [50,000]”.

    Amend sec. 10, page 7, line 40, by deleting “[40,000,]” and inserting [50,000,]”.

    Amend sec. 10, page 7, line 47, by deleting “[40,000]” and inserting [50,000]”.

    Amend sec. 10, page 8, line 1, by deleting “[40,000,]” and inserting [50,000,]”.

    Amend sec. 11, page 8, by deleting lines 10 and 11 and inserting:

“final action, shall, by an affirmative vote of a majority of all the members, approve, conditionally approve or disapprove a tentative map filed pursuant to”.

    Amend sec. 11, page 8, line 13, by deleting “[40,000]” and inserting [50,000]”.

    Amend sec. 11, page 8, line 15, by deleting “[40,000,]” and inserting [50,000,]”.

    Amend sec. 11, page 8, line 20, by deleting “[40,000]” and inserting [50,000]”.

    Amend sec. 11, page 8, line 22, by deleting “[40,000,]” and inserting [50,000,]”.

    Amend sec. 11, page 9, by deleting lines 4 and 5 and inserting:

    “4.  The governing body or planning commission shall, by an affirmative vote of a majority of all the members, make a final disposition of the tentative map.”.

    Amend sec. 14, page 10, line 29, by deleting “[40,000]” and inserting [50,000]”.

    Amend sec. 14, page 10, line 31, by deleting “[40,000,]” and inserting [50,000,]”.

    Amend sec. 14, page 10, line 39, by deleting “[40,000]” and inserting [50,000]”.

    Amend sec. 14, page 10, line 41, by deleting “[40,000,]” and inserting [50,000,]”.

    Amend sec. 14, page 11, line 5, by deleting “[40,000]” and inserting [50,000]”.

    Amend sec. 14, page 11, line 7, by deleting “[40,000,]” and inserting [50,000,]”.

    Amend sec. 14, page 11, line 24, by deleting “[40,000]” and inserting [50,000]”.

    Amend sec. 14, page 11, line 26, by deleting “[40,000,]” and inserting [50,000,]”.

    Amend sec. 14, page 11, line 42, by deleting “40,000” and inserting 50,000”.

    Amend sec. 14, page 11, line 43, by deleting “40,000,” and inserting 50,000,”.

    Amend sec. 15, page 12, line 14, by deleting “[40,000]” and inserting [50,000]”.

    Amend sec. 15, page 12, line 16, by deleting “[40,000,]” and inserting [50,000,]”.

    Amend sec. 15, page 12, line 29, by deleting “[40,000]” and inserting [50,000]”.

    Amend sec. 15, page 12, line 31, by deleting “[40,000,]” and inserting [50,000,]”.

    Amend sec. 15, page 12, line 43, by deleting “40,000” and inserting 50,000”.

    Amend sec. 15, page 12, line 44, by deleting “40,000,” and inserting 50,000,”.

    Amend sec. 15, page 14, between lines 12 and 13, by inserting:

    “12.  A county recorder who records a final map pursuant to this section shall, within 7 working days after he records the final map, provide to the county assessor at no charge:

    (a) A duplicate copy of the final map and any supporting documents; or

    (b) Access to the digital final map and any digital supporting documents.”.

    Amend the bill as a whole by adding new sections designated sections 16.3 through 16.7, following sec. 16, to read as follows:

    “Sec. 16.3. Sections 4 and 8 of Assembly Bill No. 182 of this session are hereby amended to read as follows:

    Sec. 4. NRS 278.210 is hereby amended to read as follows:

    278.210  1.  Before adopting the master plan or any part of it[,] in accordance with NRS 278.170, or any substantial amendment thereof, the commission shall hold at least one public hearing thereon, notice of the time and place of which mustbe given at least by one publication in a newspaper of general circulation in the city or county, or in the case of a regional planning commission, by one publication in a newspaper in each county within the regional district, at least 10 days before the day of the hearing.

    2.  The adoption of the master plan, or of any amendment, extension or addition thereof, must be by resolution of the commission carried by the affirmative votes of not less than two-thirds of the total membership of the commission. The resolution must refer expressly to the maps, descriptive matter and other matter intended by the commission to constitute the plan or any amendment, addition or extension thereof, and the action taken must be recorded on the map and plan and descriptive matter by the identifying signatures of the secretary and chairman of the commission.

    3.  No plan or map, hereafter, may have indicated thereon that it is a part of the master plan until it has been adopted as part of the master plan by the commission as herein provided for the adoption thereof, whenever changed conditions or further studies by the commission require such amendments, extension or addition.

    4.  Except as otherwise provided in this subsection, the commission shall not amend the land use plan of the master plan set forth in paragraph (f) of subsection 1 of NRS 278.160, or any portion of such a land use plan, more than four times in a calendar year. The provisions of this subsection do not apply to a change in the land use designated for a particular area if the change does not affect more than 25 percent of the area.

    5. An attested copy of any part, amendment, extension of or addition to the master plan adopted by the planning commission of any city, county or region in accordance with NRS 278.170 must be certified to the governing body of the city, county or region. The governing body of the city, county or region may authorize such certification by electronic means.

    [5.] 6.  An attested copy of any part, amendment, extension of or addition to the master plan adopted by any regional planning commission must be certified to the county planning commission and to the board of county commissioners of each county within the regional district. The county planning commission and board of county commissioners may authorize such certification by electronic means.

    Sec. 8. NRS 278.315 is hereby amended to read as follows:

    278.315  1.  The governing body may provide by ordinance for the granting of variances, special use permits, conditional use permits or other special exceptions by the board of adjustment, the planning commission or a hearing examiner appointed pursuant to NRS 278.262. The governing body may impose this duty entirely on the board, commission or examiner, respectively, or provide for the granting of enumerated categories of variances, special use permits, conditional use permits or special exceptions by the board, commission or examiner.

    2.  A hearing to consider an application for the granting of a variance, special use permit, conditional use permit or special exception must be held before the board of adjustment, planning commission or hearing examiner within 65 days after the filing of the application, unless a longer time or a different process of review is provided in an agreement entered into pursuant to NRS 278.0201. A notice setting forth the time, place and purpose of the hearing must be sent by mail at least 10 days before the hearing to:

    (a) The applicant;

    (b) Each owner of real property located within 300 feet of the property in question;

    (c) If a mobile home park is located within 300 feet of the property in question, each tenant of that mobile home park; and

 

 
    (d) Any advisory board which has been established for the affected area by the governing body.

The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.

    3.  If the application is for the issuance of a special use permit in a county whose population is 100,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent at least 10 days before the hearing to each [owner,] of the owners, as listed on the county assessor’s records, of at least the 30 parcels nearest to the property in question. The notice must be sent by mail or, if requested by an owner to whom notice must be provided, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.

    4.  If an application is filed with the governing body for the issuance of a special use permit with regard to property situated within an unincorporated town that is located more than 10 miles from an incorporated city, the governing body shall, at least 10 days before the hearing on the application is held pursuant to subsection 2, transmit a copy of any information pertinent to the application to the town board, citizens’ advisory council or town advisory board, whichever is applicable, of the unincorporated town. The town board, citizens’ advisory council or town advisory board may make recommendations regarding the application and submit its recommendations before the hearing on the application is held pursuant to subsection 2. The governing body or other authorized person or entity conducting the hearing shall consider any recommendations submitted by the town board, citizens’ advisory council or town advisory board regarding the application and, within 10 days after making its decision on the application, transmit a copy of its decision to the town board, citizens’ advisory council or town advisory board.

    5.  An applicant or a protestant may appeal a decision of the board of adjustment, planning commission or hearing examiner in accordance with the ordinance adopted pursuant to section 1 of Senate Bill No. 554 of this [act.

    5.]session.

    6.  In a county whose population is 400,000 or more, if the application is for the issuance of a special use permit for an establishment which serves alcoholic beverages for consumption on or off of the premises as its primary business in a district which is not a gaming enterprise district as defined in NRS 463.0158, the governing body shall, in addition to sending the notice required pursuant to subsection 3, not later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:

    (a) The existing permitted use and zoning designation of the property in question;

    (b) The proposed permitted use of the property in question;

    (c) The date, time and place of the public hearing; and

    (d) A telephone number which may be used by interested persons to obtain additional information.

    [6.] 7.  A sign required pursuant to subsection [5] 6 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.

    [7.] 8.  A governing body may charge an additional fee for each application for a special use permit to cover the actual costs resulting from the erection of not more than one sign required by subsection [5,] 6, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.

    [8.] 9.  The governing body shall remove or cause to be removed any sign required by subsection [5] 6 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.

    [9.] 10.  The provisions of this section do not apply to an application for a conditional use permit filed pursuant to NRS 278.147.

    Sec. 16.5. Sections 3, 4 and 5 of Assembly Bill No. 553 of this session are hereby amended to read as follows:

    Sec. 3. NRS 278.315 is hereby amended to read as follows:

    278.315  1.  The governing body may provide by ordinance for the granting of variances, special use permits, conditional use permits or other special exceptions by the board of adjustment, the planning commission or a hearing examiner appointed pursuant to NRS 278.262. The governing body may impose this duty entirely on the board, commission or examiner, respectively, or provide for the granting of enumerated categories of variances, special use permits, conditional use permits or special exceptions by the board, commission or examiner.

    2.  A hearing to consider an application for the granting of a variance, special use permit, conditional use permit or special exception must be held before the board of adjustment, planning commission or hearing examiner within 65 days after the filing of the application, unless a longer time or a different process of review is provided in an agreement entered into pursuant to NRS 278.0201. [A]

    3.  In a county whose population is less than 100,000, notice setting forth the time, place and purpose of the hearing must be sent [by mail] at least 10 days before the hearing to:

    (a) The applicant;

    (b) Each owner of real property , as listed on the county assessor’s records, located within 300 feet of the property in question;

    (c) If a mobile home park is located within 300 feet of the property in question, each tenant of that mobile home park; and

    (d) Any advisory board which has been established for the affected area by the governing body.

[The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.

    3.  If the application is for the issuance of a special use permit in a county whose population is 100,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent at least 10 days before the hearing to each of the owners, as listed on the county assessor’s records, of at least the 30 parcels nearest to the property in question. The notice must be sent by mail or, if requested by an owner to whom notice must be provided, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.]

    4.  Except as otherwise provided in subsection 7, in a county whose population is 100,000 or more, a notice setting forth the time, place and purpose of the hearing must be sent at least 10 days before the hearing to:

    (a) The applicant;

    (b) If the application is for a deviation of at least 10 percent but not more than 30 percent from a standard for development:

        (1) Each owner, as listed on the county assessor’s records, of real property located within 100 feet of the property in question; and

        (2) Each tenant of a mobile home park located within 100 feet of the property in question;

    (c) If the application is for a special use permit or a deviation of more than 30 percent from a standard for development:

        (1) Each owner, as listed on the county assessor’s records, of real property located within 500 feet of the property in question;

        (2) The owner, as listed on the county assessor’s records, of each of the 30 separately owned parcels nearest the property in question, to the extent this notice does not duplicate the notice given pursuant to subparagraph (1); and

        (3) Each tenant of a mobile home park located within 500 feet of the property in question;

    (d) If the application is for a change in zoning or a project of regional significance, as that term is described in NRS 278.02542:

        (1) Each owner, as listed on the county assessor’s records, of real property located within 750 feet of the property in question;

        (2) The owner, as listed on the county assessor’s records, of each of the 30 separately owned parcels nearest the property in question, to the extent this notice does not duplicate the notice given pursuant to subparagraph (1); and

        (3) Each tenant of a mobile home park located within 750 feet of the property in question; and

    (e) Any advisory board which has been established for the affected area by the governing body.

    5.  If an application is filed with the governing body for the issuance of a special use permit with regard to property situated within an unincorporated town that is located more than 10 miles from an incorporated city, the governing body shall, at least 10 days before the hearing on the application is held pursuant to subsection 2, transmit a copy of any information pertinent to the application to the town board, citizens’ advisory council or town advisory board, whichever is applicable, of the unincorporated town. The town board, citizens’ advisory council or town advisory board may make recommendations regarding the application and submit its recommendations before the hearing on the application is held pursuant to subsection 2. The governing body or other authorized person or entity conducting the hearing shall consider any recommendations submitted by the town board, citizens’ advisory council or town advisory board regarding the application and, within 10 days after making its decision on the application, transmit a copy of its decision to the town board, citizens’ advisory council or town advisory board.

    [5.] 6. An applicant or a protestant may appeal a decision of the board of adjustment, planning commission or hearing examiner in accordance with the ordinance adopted pursuant to section 1 of Senate Bill No. 554 of this session.

    [6.] 7.  In a county whose population is 400,000 or more, if the application is for the issuance of a special use permit for an establishment which serves alcoholic beverages for consumption on or off of the premises as its primary business in a district which is not a gaming enterprise district as defined in NRS 463.0158, the governing body shall, [in addition to sending the notice required pursuant to subsection 3, not later than] at least 10 days before the hearing [, erect] :

    (a) Send a notice setting forth the time, place, and purpose of the hearing to:

        (1) The applicant;

        (2) Each owner, as listed on the county assessor’s records, of real property located within 1,500 feet of the property in question;

        (3) The owner, as listed on the county assessor’s records, of each of the 30 separately owned parcels nearest the property in question, to the extent this notice does not duplicate the notice given pursuant to subparagraph (2);

        (4) Each tenant of a mobile home park located within 1,500 feet of the property in question; and

        (5) Any advisory board which has been established for the affected area by the governing body; and

    (b) Erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:

    [(a)] (1) The existing permitted use and zoning designation of the property in question;

    [(b)] (2) The proposed permitted use of the property in question;

    [(c)] (3) The date, time and place of the public hearing; and

    [(d)] (4) A telephone number which may be used by interested persons to obtain additional information.

    [7.] 8.  A sign required pursuant to subsection[6] 7 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.

    [8.] 9.  A governing body may charge an additional fee for each application for a special use permit to cover the actual costs resulting from the erection of not more than one sign required by subsection[6,] 7, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.

    [9.] 10.  The governing body shall remove or cause to be removed any sign required by subsection[6] 7 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.

    [10.] 11.  The notice required to be provided pursuant to subsections 3, 4 and 7 must be sent by mail or, if requested by a party to whom notice must be provided pursuant to those subsections, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.

    12.  The provisions of this section do not apply to an application foraconditional use permit filed pursuant to NRS 278.147.

    Sec. 4. NRS 278.319 is hereby amended to read as follows:

    278.319  1.  The governing body may adopt an ordinance that authorizes the director of planning or another person or agency to grant [minor deviations] a deviation of less than 10 percent from requirements for land use established within a zoning district without conducting a hearing. The ordinance must require an applicant for such a [minor] deviation to obtain the written consent of the owner of any real property that would be affected by the [minor] deviation.

    2.  If the director of planning or other authorized person or agency grants a deviation in accordance with its authority delegated pursuant to subsection 1, the director of planning or other authorized person or agency shall ensure that the deviation will not impair the purpose of the zoning district or any regulations adopted by the governing body pursuant to NRS 278.250.

    3.  An applicant or other aggrieved person may appeal the decision of the director of planning or other authorized person or agency in accordance with the ordinance adopted pursuant to section 1 of Senate Bill No. 554 of this [act.]session.

    Sec. 5. NRS 278.480 is hereby amended to read as follows:

    278.480  1.  Except as otherwise provided in subsection [10,] 11, any abutting owner or local government desiring the vacation or abandonment of any street or easement owned by a city or a county, or any portion thereof, shall file a petition in writing with the planning commission or the governing body having jurisdiction.

    2.  The governing body may establish by ordinance a procedure by which, after compliance with the requirements for notification of public hearing set forth in this section, a vacation or abandonment of a street or an easement may be approved in conjunction with the approval of a tentative map pursuant to NRS 278.349.

    3.  [Whenever any street] A government patent easement which is no longer required for a public purpose may be vacated by:

    (a) The governing body; or

    (b) The planning commission, hearing examiner or other designee, if authorized to take final action by the governing body,

 

 
without conducting a hearing on the vacation if the applicant for the vacation obtains the written consent of each owner of property abutting the proposed vacation and any utility that is affected by the proposed vacation.

    4.  Except as otherwise provided in subsection 3, if any right of way or easement required for a public purpose that is owned by a city or a county is proposed to be vacated, the governing body, or the planning commission , [or] hearing examiner or other designee, if authorized to take final action by the governing body, shall notify by certified mail each owner of property abutting the proposed abandonment and cause a notice to be published at least once in a newspaper of general circulation in the city or county, setting forth the extent of the proposed abandonment and setting a date for public hearing, which must be not less than 10 days and not more than 40 days after the date the notice is first published.

    [4.] 5.  Except as provided in subsection [5,] 6, if, upon public hearing, the governing body, or the planning commission , [or] hearing examiner or other designee, if authorized to take final action by the governing body, is satisfied that the public will not be materially injured by the proposed vacation, it shall order the street or easement vacated. The governing body, or the planning commission , [or] hearing examiner or other designee, if authorized to take final action by the governing body, may make the order conditional, and the order becomes effective only upon the fulfillment of the conditions prescribed. An applicant or other person aggrieved by the decision of the planning commission , [or] hearing examiner or other designee may appeal the decision in accordance with the ordinance adopted pursuant to section 1 of Senate Bill No. 554 of this [act.

    5.]session.

    6.  If a utility has an easement over the property, the governing body, or the planning commission , [or] hearing examiner or other designee, if authorized to take final action by the governing body, shall provide in its order for the continuation of that easement.

    [6.] 7.  The order must be recorded in the office of the county recorder, if all the conditions of the order have been fulfilled, and upon the recordation title to the street or easement reverts to the abutting property owners in the approximate proportion that the property was dedicated by the abutting property owners or their predecessors in interest. In the event of a partial vacation of a street where the vacated portion is separated from the property from which it was acquired by the unvacated portion of it, the governing body may sell the vacated portion upon such terms and conditions as it deems desirable and in the best interests of the city or county. If the governing body sells the vacated portion, it shall afford the right of first refusal to each abutting property owner as to that part of the vacated portion which abuts his property, but no action may be taken by the governing body to force the owner to purchase that portion and that portion may not be sold to any person other than the owner if the sale would result in a complete loss of access to a street from the abutting property.

    [7.] 8.  If the street was acquired by dedication from the abutting property owners or their predecessors in interest, no payment is required for title to the proportionate part of the street reverted to each abutting property owner. If the street was not acquired by dedication, the governing body may make its order conditional upon payment by the abutting property owners for their proportionate part of the street of such consideration as the governing body determines to be reasonable. If the governing body determines that the vacation has a public benefit, it may apply the benefit as an offset against a determination of reasonable consideration which did not take into account the public benefit.

    [8.] 9.  If an easement for light and air owned by a city or a county is adjacent to a street vacated pursuant to the provisions of this section, the easement is vacated upon the vacation of the street.

    [9.] 10.  In any vacation or abandonment of any street owned by a city or a county, or any portion thereof, the governing body, or the planning commission , [or] hearing examiner or other designee, if authorized to take final action by the governing body, may reserve and except therefrom all easements, rights or interests therein which the governing body, or the planning commission , [or] hearing examiner or other designee, if authorized to take final action by the governing body, deems desirable for the use of the city, the county or any public utility.

    [10.] 11.  The governing body may establish by local ordinance a simplified procedure for the vacation or abandonment of an easement for a public utility owned or controlled by the governing body.

    12.  As used in this section, “government patent easement” means an easement for a public purpose owned by the governing body over land which was conveyed by a patent.

    Sec. 16.7.  Assembly Bill No. 553 of this session is hereby amended by adding thereto a new section designated sec. 7, following sec. 6, to read as follows:

    Sec. 7.  1.  This section and sections 1, 2, 4, 5 and 6 of this act become effective on October 1, 2001.

    2.  Section 3 of this act becomes effective at 12:01 a.m. on October 1, 2001.”.

    Amend sec. 18, page 15, by deleting line 41 and inserting:

    “Sec. 18.  1.  This section and sections 1 to 9, inclusive, 12, 13 and 16 to 17, inclusive, of this act become effective on July 1, 2001.

    2.  Sections 10 and 14 of this act become effective at 12:01 a.m. on July 1, 2001.

    3.  Sections 11 and 15 of this act become effective at 12:02 a.m. on July 1, 2001.”.

    Assemblyman Bache moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 554.

    Remarks by Assemblyman Bache.

    Motion carried by a constitutional majority.

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 25, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Assembly be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA7, which is attached to and hereby made a part of this report.

 

Barbara E. Buckley

Mark A. James

John C. Carpenter

Jon C. Porter

Bernie Anderson

Terry Care

Assembly Conference Committee

Senate Conference Committee

   

    Conference Amendment No. CA7.

    Amend section 1, page 2, line 9, before “restricted” by inserting “unreasonably”.

    Amend section 1, page 2, line 10, before “restricted” by inserting “unreasonably”.

    Amend section 1, page 2, line 14, by deleting:

a preponderance of the” and inserting:

clear and convincing”.

    Amend section 1, page 3, line 6, by deleting “7.” and inserting:

arising solely from the facts and circumstances of the particular dispute that specifically pertains to the need for granting a right to visitation pursuant to subsection 1 or 2 against the wishes of a parent of the child.

    7.”.

    Amend section 1, page 3, line 15, by deleting “find” and inserting:

“find , by a preponderance of the evidence,”.

    Amend section 1, page 3, line 16, by deleting “(j),” and inserting “(i),”.

    Amend section 1, page 3, line 31, by deleting “finds” and inserting:

“finds , by a preponderance of the evidence,”.

    Assemblywoman Buckley moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 25.

    Remarks by Assemblywoman Buckley.

    Motion carried by a constitutional majority.

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 99, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Assembly be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA11, which is attached to and hereby made a part of this report.

 

Sheila Leslie

Ann O'Connell

Morse Arberry Jr.

Mark Amodei

Lynn C. Hettrick

Maggie Carlton

Assembly Conference Committee

Senate Conference Committee

   

    Conference Amendment No. CA11.

    Amend sec. 1.5, page 2, line 9, by deleting “If” and inserting:

[If] Except as otherwise provided in this section, if”.

    Amend sec. 1.5, page 2, by deleting lines 39 through 41 and inserting:

    “6.  The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the administrator.”.

    Amend sec. 3, page 3, line 13, by deleting “If” and inserting:

[If] Except as otherwise provided in this section, if”.

    Amend sec. 3, page 3, by deleting lines 43 through 45 and inserting:

    “6.  The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the insurer.”.

    Amend sec. 5, page 4, line 18, by deleting “If” and inserting:

[If] Except as otherwise provided in this section, if”.

    Amend sec. 5, page 4, by deleting lines 47 through 49 and inserting:

    “6.  The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the insurer.”.

    Amend sec. 7, page 5, line 24, by deleting “If” and inserting:

[If] Except as otherwise provided in this section, if”.

    Amend sec. 7, page 6, by deleting lines 5 through 7 and inserting:

    “6.  The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the carrier.”.

    Amend sec. 10, page 6, line 35, by deleting “If” and inserting:

[If] Except as otherwise provided in this section, if”.

    Amend sec. 10, page 7, by deleting lines 17 through 19 and inserting:

    “6.  The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the corporation.”.

    Amend sec. 15, page 9, line 13, by deleting “If” and inserting:

[If] Except as otherwise provided in this section, if”.

    Amend sec. 15, page 9, by deleting lines 46 through 48 and inserting:

    “6.  The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the health maintenance organization.”.

    Amend sec. 18, page 10, line 24, by deleting “If” and inserting:

Except as otherwise provided in this section, if”.

    Amend sec. 18, page 11, by deleting lines 23 through 25 and inserting:

    “6.  The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the insurer.”.

    Amend sec. 22, page 13, line 12, by deleting “An” and inserting:

[An] Except as otherwise provided in this subsection, an”.

    Amend sec. 22, page 13, line 16, by deleting “employment;” and inserting:

“employment [;] :

        (1) In this state; or

        (2) While on temporary assignment outside the state for a period of not more than 12 months;”.

    Amend sec. 22, page 13, between lines 20 and 21, by inserting:

 

 
An employee who suffers an accident or injury while on temporary assignment outside the state is not eligible to receive compensation from the uninsured employers’ claim fund unless he has been denied workers’ compensation in the state in which the accident or injury occurred.”.

    Amend sec. 23, page 15, line 4, by deleting “An” and inserting:

[An] Except as otherwise provided in this subsection, an”.

    Amend sec. 23, page 15, line 8, by deleting “employment;” and inserting:

employment:

        (1) In this state; or

        (2) While on temporary assignment outside the state for a period of not more than 12 months;”.

    Amend sec. 23, page 15, between lines 11 and 12, by inserting:

 

 
An employee who contracts an occupational disease that arose out of and in the course of employment while on temporary assignment outside the state is not entitled to receive compensation from the uninsured employers’ claim fund unless he has been denied workers’ compensation in the state in which the disease was contracted.”.

    Amend the bill as a whole by adding a new section designated sec. 23.5, following sec. 23, to read as follows:

    “Sec. 23.5.  Section 10 of Assembly Bill No. 338 of this session is hereby amended to read as follows:

    Sec. 10.  NRS 616C.135 is hereby amended to read as follows:

    616C.135  1.  A provider of health care who accepts a patient as a referral for the treatment of an industrial injury or an occupational disease may not charge the patient for any treatment related to the industrial injury or occupational disease, but must charge the insurer. The provider of health care may charge the patient for any services that are not related to the employee’s industrial injury or occupational disease.

    2.  The insurer is liable for the charges for approved services related to the industrial injury or occupational disease if the charges do not exceed:

    (a) The fees established in accordance with NRS 616C.260 or the usual fee charged by that person or institution, whichever is less; and

    (b) The charges provided for by the contract between the provider of health care and the insurer or the contract between the provider of health care and the organization for managed care.

    3.  A provider of health care may accept payment from an injured employee who is paying in protest pursuant to section 5 of this act for treatment or other services that the injured employee alleges are related to the industrial injury or occupational disease.

    4.  If a provider of health care, an organization for managed care, an insurer or an employer violates the provisions of this section, the administrator shall impose an administrative fine of not more than $250 for each violation.”.

    Amend the title of the bill, ninth line, by deleting “fund;” and inserting:

“fund under certain circumstances;”.

    Assemblywoman Leslie moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 99.

    Remarks by Assemblywoman Leslie.

    Motion carried by a constitutional majority.

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 524, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Assembly be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA8, which is attached to and hereby made a part of this report.

 

Tom Collins

William R. O'Donnell

John J. Lee

Lawrence E. Jacobsen

John C. Carpenter

Terry Care

Assembly Conference Committee

Senate Conference Committee

   

    Conference Amendment No. CA8.

    Amend sec. 2, page 1, by deleting lines 4 and 5 and inserting:

otherwise requires, “document” means an application, notice, report, statement or”.

    Amend sec. 2, page 1, by deleting lines 10 through 14.

    Amend sec. 3, page 1, by deleting lines 17 through 19 and inserting:

    “2.  If the department establishes a program pursuant to subsection 1:

    (a) An electronic submission or storage of documents that is carried out pursuant to the program with respect to a particular transaction is not valid unless all original documents required for the transaction pursuant to:

        (1) The provisions of 49 U.S.C. §§ 32701 et seq.; and

        (2) The provisions of any regulations adopted pursuant thereto,

 

 
have been executed and submitted to the department.

    (b) The department shall adopt regulations to carry out the program.

    3.  The regulations required to be adopted pursuant to paragraph (b) of subsection 2 must include, without limitation:”.

    Amend sec. 3, page 2, line 14, by deleting “participation;” and inserting “participation.”.

    Amend sec. 3, page 2, between lines 37 and 38, by inserting:

    “(k) Procedures to ensure compliance with:

        (1) The provisions of 49 U.S.C. §§ 32701 et seq.; and

        (2) The provisions of any regulations adopted pursuant thereto,

 

 
to the extent that such provisions relate to the submission and retention of documents used for the transfer of the ownership of vehicles.”.

    Amend sec. 3, page 2, line 38, by deleting “3.” and inserting “4.”.

    Assemblyman Collins moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 524.

    Remarks by Assemblyman Collins.

    Motion carried by a constitutional majority.

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 49, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Assembly be concurred in.

 

Barbara E. Buckley

Terry Care

John C. Carpenter

Mike McGinness

Ellen M. Koivisto

Jon C. Porter

Assembly Conference Committee

Senate Conference Committee

   

    Assemblywoman Buckley moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 49.

    Remarks by Assemblywoman Buckley.

    Motion carried by a constitutional majority.

    Assemblywoman Buckley moved that the Assembly recess until 2:30 p.m.

    Motion carried.

    Assembly in recess at 12:56 p.m.

ASSEMBLY IN SESSION

    At 6:41 p.m.

    Mr. Speaker presiding.

    Quorum present.


REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 405, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Ways and Means, to which were referred Assembly Bill No. 673; Senate Bills Nos. 170, 583, 584, 585, 586, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Ways and Means, to which were referred Assembly Bill No. 70; Senate Bill No. 518, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Committee on Ways and Means, to which were referred Assembly Bill No. 300; Senate Bills Nos. 277, 445, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Committee on Ways and Means, to which was referred Senate Bill No. 427, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

Mr. Speaker:

    Your Concurrent Committee on Ways and Means, to which was referred Assembly Bill No. 75, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Concurrent Committee on Ways and Means, to which was referred Senate Bill No. 193, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

MESSAGES FROM THE Senate

Senate Chamber, Carson City, June 4, 2001

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 513, 515; Senate Bill No. 476.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 54.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 162.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 370.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 466.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 500.

    Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 664, and requests a conference, and appointed Senators O'Donnell, Porter and Raggio as a first Conference Committee to meet with a like committee of the Assembly.

    Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 666, and requests a conference, and appointed Senators James, Care and Porter as a first Conference Committee to meet with a like committee of the Assembly.

    Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 1215 to Senate Bill No. 137; Assembly Amendment No. 1195 to Senate Bill No. 143; Assembly Amendment No. 1190 to Senate Bill No. 491; Assembly Amendment No. 1212 to Senate Bill No. 496.

    Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly Amendment No. 1213 to Senate Bill No. 306.

    Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Neal, O'Donnell and O'Connell as a first Conference Committee concerning Senate Bill No. 565.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bill No. 62.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bill No. 171 and appointed Senators James, Amodei and Titus as a second Conference Committee to meet with a like committee of the Assembly for further consideration of Senate Bill No. 171.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bill No. 202.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bill No. 216.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bill No. 362.

                                                                                    Mary Jo Mongelli

                                                                             Assistant Secretary of the Senate

SECOND READING AND AMENDMENT

    Assembly Bill No. 70.

    Bill read second time.

    The following amendment was proposed by the Committee on Ways and Means:

    Amendment No. 1265.

    Amend the bill as a whole by deleting sections 1 through 3 and adding new sections designated sections 1 through 4, following the enacting clause, to read as follows:

    “Section 1.  NRS 461A.230 is hereby amended to read as follows:

    461A.230  1.  Each mobile home park constructed after July 1, 1981, but before October 1, 1989, must provide direct electrical and gas service from the utility to each lot if those services are available.

    2.  Each mobile home park constructed after October 1, 1989, must provide direct:

    (a) Electrical and gas service from a public utility or a city, county or other governmental entity which provides electrical or gas service, to each lot if those services are available.

    (b) Water service from a public utility or a city, county or other governmental entity which provides water service, the provisions of NRS 704.230 notwithstanding, to the park if that service is available.

    3.  [In] Except as otherwise provided in this subsection, in a county whose population is 400,000 or more, each mobile home park constructed after October 1, 1995, must provide direct water service, as provided in paragraph (b) of subsection 2, that is connected to individual meters for each lot. The individual meters must be installed in compliance with any uniform design and construction standards adopted by the public utility or city, county or other governmental entity which provides water service in the county. If a governmental or quasi-governmental entity develops a mobile home park to provide affordable housing, a master meter may be used in lieu of individual meters.

    Sec. 2.  Section 13 of Senate Bill No. 210 of this session is hereby amended to read as follows:

    Sec. 13.  NRS 461A.230 is hereby amended to read as follows:

    461A.230  1.  Each mobile home park constructed after July 1, 1981, but before October 1, 1989, must provide direct electrical and gas service from [the] a utility or an alternative seller to each lot if those services are available.

    2.  Each mobile home park constructed after October 1, 1989, must provide direct:

    (a) Electrical and gas service from a public utility or an alternative seller, or a city, county or other governmental entity which provides electrical or gas service, to each lot if those services are available.

    (b) Water service from a public utility or a city, county or other governmental entity which provides water service, the provisions of NRS 704.230 notwithstanding, to the park if that service is available.

    3.  Except as otherwise provided in this subsection, in a county whose population is 400,000 or more, each mobile home park constructed after October 1, 1995, must provide direct water service, as provided in paragraph (b) of subsection 2, that is connected to individual meters for each lot. The individual meters must be installed in compliance with any uniform design and construction standards adopted by the public utility or city, county or other governmental entity which provides water service in the county. If a governmental or quasi-governmental entity develops a mobile home park to provide affordable housing, a master meter may be used in lieu of individual meters.

    4.  As used in this section, “alternative seller” has the meaning ascribed to it in NRS 704.994.

    Sec. 3.  1.  There is hereby appropriated from the state general fund to the Housing Authority of the City of Las Vegas the sum of $1,000,000 to provide affordable housing for senior citizens. The money must be allocated for the planning, design and construction, including, without limitation, architectural and engineering fees, at the 11th Street site of 150 one- and two-bedroom units with elevators.

    2.  Upon acceptance of the money appropriated by subsection 1, the Housing Authority of the City of Las Vegas agrees to:

    (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2002, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Housing Authority of the City of Las Vegas through December 1, 2002; and

    (b) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, that the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.

    3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2005, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 4.  This act becomes effective on July 1, 2001.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to affordable housing; providing an exception under certain circumstances to the requirement that certain mobile home parks must provide direct water service that is connected to individual meters for each lot; making an appropriation to the Housing Authority of the City of Las Vegas for certain construction projects that will provide affordable housing for senior citizens; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY¾Makes various changes with respect to affordable housing. (BDR 40‑43)”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 300.

    Bill read second time.

    The following amendment was proposed by the Committee on Ways and Means:

    Amendment No. 1236.

    Amend section 1, page 1, line 2, by deleting “6,” and inserting “9,”.

    Amend sec. 2, page 1, line 3, by deleting “6,” and inserting “9,”.

    Amend sec. 3, page 2, line 11, by deleting “source” and inserting:

source, including, without limitation, any federal money made available for school construction, repair or renovation,”.

    Amend sec. 4, page 2, line 27, by deleting “2.” and inserting:

    “(e) Provide grants of money to boards of trustees of school districts for the construction, repair and renovation of school buildings and facilities.

    2.”.

    Amend sec. 4, page 2, line 30, by deleting “biennium.” and inserting:

biennium, of which not more than 10 percent may be allocated as grants of money to school districts pursuant to paragraph (e) of subsection 1.”.

    Amend the bill as a whole by deleting sections 5 through 9 and adding new sections designated sections 5 through 15 and the text of repealed sections, following sec. 4, to read as follows:

    “Sec. 5.  The full faith and credit of this state is hereby pledged that the money in the revolving fund will not be used for purposes other than those authorized by sections 2 to 9, inclusive, of this act.

    Sec. 5.5.  In addition to the powers of the director of the department of administration set forth in paragraphs (a) to (e), inclusive, of subsection 1 of section 4 of this act, the director may secure the sale of bonds issued by this state if the net proceeds from the sale of those bonds are deposited in the revolving fund.

    Sec. 6.  1.  The director of the department of administration may authorize the state treasurer to issue, sell or deliver general obligation bonds of the state or revenue bonds, if viable, to support the purposes of the revolving fund.

    2.  If the director of the department of administration authorizes the issuance of bonds, the state treasurer may:

    (a) Sue and be sued to establish or enforce any right arising out of a project receiving financial assistance or of any state securities issued pursuant to this authorization;

    (b) Acquire and hold municipal securities, and exercise all of the rights of holders of those securities;

    (c) Sell or otherwise dispose of municipal securities and assets acquired in connection with those securities, unless limited by any agreement that relates to the securities;

    (d) Make contracts and execute all necessary or convenient instruments;

    (e) Accept grants of money from the Federal Government, this state, any agency or political subdivision or any person;

    (f) Adopt regulations relating to projects receiving financial assistance and the administration of those projects;

    (g) Employ for himself or for any school district, any necessary legal, fiscal, engineering or other expert services in connection with projects receiving financial assistance and with the authorization, sale and issuance of state securities and municipal securities;

    (h) Enter into agreements and arrangements consistent with NRS 387.335 and sections 2 to 9, inclusive, of this act concerning the issuance of state securities and the purchase of municipal securities; and

    (i) Undertake other matters as he determines necessary or desirable to accomplish the purposes of NRS 387.335 and sections 2 to 9, inclusive, of this act.

    3.  Before any bonds are issued pursuant to this section, the state board of finance must certify that sufficient revenue will be available in the revolving fund to pay the interest and installments of principal as they become due.

    4.  Any general obligation bonds or revenue bonds issued pursuant to this section that are for the construction, repair and renovation of school buildings and facilities constitute contracts necessary for the improvement, acquisition and construction of facilities for public elementary and secondary schools under section 3 of article 9 of the Nevada constitution.

    5.  The money in the revolving fund that is available for the payment of the interest and installments of principal on the bonds must be pledged as the primary source for the payment of the bonds. The full faith and credit of this state may be pledged.

    Sec. 7.  The board of trustees of a school district in a county whose population is less than 50,000 may submit an application to the director of the department of administration for a loan or other financial assistance from the revolving fund.

    Sec. 8.  1.  An application submitted pursuant to section 7 of this act must include a written description of the:

    (a) Project for construction, repair or renovation for which the loan or other financial assistance will be used; and

    (b) Financial status of the school district, including, without limitation, the criteria for approval set forth in paragraphs (a), (b) and (c) of subsection 2.

    2.  The director of the department of administration, in consultation with the department of education, department of taxation and the state public works board shall determine whether to approve an application submitted pursuant to subsection 1 based upon:

    (a) Proof that the assessed valuation of the taxable property in the county in which the school district is located is declining and all other resources available to the school district for financing capital improvements are diminishing;

    (b) The discrepancy, if any, between the growth of assessed valuation of taxable property in the county in which the school district is located and the growth of the total number of pupils enrolled in the school district;

    (c) Proof that the remaining allowable increase in ad valorem taxes available to the school district is within 90 percent of the limit imposed pursuant to NRS 361.453;

    (d) The proposed use of the money for which the application is made, including, without limitation, whether the money will be used in an efficient manner;

    (e) Proof that the county has experienced a decrease in population for 2 or more consecutive years; and

    (f) The needs of the school district, including, without limitation, proof that:

        (1) One of the facilities that is located on the grounds of a school within the school district is unsuitable for use as a result of:

            (I) Structural defects;

            (II) Barriers to accessibility; or

            (III) Hazards to life, health or safety, including, without limitation, environmental hazards and the operation of the facility in an unsafe manner; or

        (2) One of the facilities that is located on the grounds of a school within the school district is in such condition that the cost of renovating the facility, including, without limitation, the cost of removing barriers to accessibility, would exceed 40 percent of the cost of constructing a new facility.

    3.  Upon the receipt of an application, the director of the department of administration shall forward the application to the:

    (a) Department of taxation to determine whether or not the application satisfies the showing of proof required pursuant to paragraphs (a), (b), (c) and (e) of subsection 2;

    (b) State public works board to determine whether the application satisfies the showing of proof required pursuant to paragraph (f) of subsection 2; and

    (c) Department of education for informational purposes.

    4.  The department of taxation and the state public works board shall submit written statements of their determinations pursuant to subsection 2 regarding an application to the director of the department of administration. Upon receipt of such statements, the director shall submit the application accompanied by the written statements from the department of taxation and state public works board to the state board of examiners for approval.

    5.  The director of the department of administration shall, within the limits of money available for use in the revolving fund, make loans and provide other financial assistance to school districts whose applications have been approved by the state board of examiners based upon the criteria set forth in paragraphs (a) to (e), inclusive, of subsection 2. If the director makes a loan from the revolving fund, he shall ensure that the contract of the loan includes all terms and conditions for repayment of the loan. If the director makes a grant from the revolving fund, he may require the board of trustees of the school district to provide money to match the grant in an amount not to exceed 25 percent of the grant.

    Sec. 9.  1.  The director of the department of administration shall:

    (a) Adopt regulations, in consultation with the department of education, the state public works board and any other agency that the director determines appropriate, that prescribe the annual deadline for submission of an application to the director of the department of administration by the board of trustees of a school district that desires to receive a loan or other financial assistance from the revolving fund.

    (b) Adopt regulations, in consultation with the department of education, concerning the use of money deposited in the revolving fund that was received by this state or the department of education from the Federal Government for the construction, repair or renovation of school facilities.

    2.  The director of the department of administration may:

    (a) Adopt regulations as he deems necessary to carry out the provisions of sections 2 to 9, inclusive, of this act.

    (b) Employ or contract for any legal, fiscal or other expert services necessary to carry out his duties pursuant to sections 2 to 9, inclusive, of this act.

    Sec. 10.  NRS 387.030 is hereby amended to read as follows:

    387.030  1.  All money derived from interest on the state permanent school fund, together with all money derived from other sources provided by law, must:

    [1.] (a) Be placed in the state distributive school account which is hereby created in the state general fund; and

    [2.] (b) Except as otherwise provided in NRS 387.528, be apportioned among the several school districts and charter schools of this state at the times and in the manner provided by law.

    2.  On July 1 of each odd-numbered year, the state controller shall transfer 10 percent of the surplus, if any, in the state distributive school account to the revolving fund for the construction, repair and renovation of school buildings and facilities created pursuant to section 3 of this act.

    Sec. 11.  NRS 374A.010 is hereby amended to read as follows:

    374A.010  1.  A tax is hereby imposed on all retailers within a county in which:

    (a) The board of county commissioners of the county has not imposed the maximum rate of tax that it is authorized to impose pursuant to NRS 377B.100;

    (b) The board of trustees of a county school district has applied for a grant from the revolving fund [to assist school districts in financing capital improvements pursuant to NRS 387.3335;] for the construction, repair and renovation of school buildings and facilities pursuant to section 8 of this act; and

    (c) The state board of examiners has approved the application by the board of trustees.

    2.  The rate of the tax imposed by subsection 1 is the difference between:

    (a) The rate of tax that the board of county commissioners of the county has imposed pursuant to NRS 377B.100; and

    (b) The maximum rate of tax that the board of county commissioners of the county is authorized to impose pursuant to NRS 377B.100,

 

 
but in no event may the rate imposed by subsection 1 exceed one-eighth of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed, in the county.

    Sec. 12.  Section 7 of this act is hereby amended to read as follows:

    Sec. 7.  The board of trustees of a school district [in a county whose population is less than 50,000] may submit an application to the director of the department of administration for a loan or other financial assistance from the revolving fund.

    Sec. 13.  NRS 387.333 and 387.3335 are hereby repealed.

    Sec. 14.  Section 13 of this act does not impair any outstanding bonds issued before October 1, 2001.

    Sec. 14.5.  The state treasurer shall transfer any balance remaining unexpended on September 30, 2001, in the fund to assist school districts in financing capital improvements to the revolving fund for the construction, repair and renovation of school buildings and facilities created pursuant to section 3 of this act.

    Sec. 15.  1.  This section and section 9 of this act become effective on July 1, 2001.

    2.  Sections 1 to 5, inclusive, 7, 8, 11, 13, 14 and 14.5 of this act become effective on October 1, 2001.

    3.  Section 10 of this act becomes effective on January 1, 2003.

    4.  Sections 5.5 and 6 of this act become effective on December 1, 2002, only if Assembly Joint Resolution No. 26 of the 70th session of the Nevada Legislature is approved by the voters at the general election on November 5, 2002.

    5.  Section 12 of this act becomes effective on July 1, 2005.

TEXT OF REPEALED SECTIONS

    387.333  Creation; acceptance of gifts and grants; investment; payment of claims.

    1.  The fund to assist school districts in financing capital improvements is hereby created in the state treasury, to be administered by the director of the department of administration. All money received and held by the state treasurer for the purpose of the fund must be deposited in the fund.

    2.  The director of the department of administration may accept gifts and grants from any source for deposit in the fund.

    3.  The money in the fund must be invested as the money in other state funds is invested. All interest and income earned on the money in the fund must be credited to the fund.

    4.  Claims against the fund must be paid as other claims against the state are paid.

    387.3335  Application for grant; proof of emergency conditions; determinations by department of taxation and state public works board; approval by state board of examiners; award of grants.

    1.  The board of trustees of a school district may apply to the director of the department of administration for a grant of money from the fund created pursuant to NRS 387.333 on a form provided by the director of the department of administration. The application must be accompanied by proof that the following emergency conditions exist within the school district:

    (a) The assessed valuation of the taxable property in the county in which the school district is located is declining and all other resources available to the school district for financing capital improvements are diminishing;

    (b) The combined ad valorem tax rate of the county is at the limit imposed by NRS 361.453; and

    (c) At least:

        (1) One building that is located on the grounds of a school within the school district has been condemned;

        (2) One of the facilities that is located on the grounds of a school within the school district is unsuitable for use as a result of:

            (I) Structural defects;

            (II) Barriers to accessibility; or

            (III) Hazards to life, health or safety, including, without limitation, environmental hazards and the operation of the facility in an unsafe manner; or

        (3) One of the facilities that is located on the grounds of a school within the school district is in such a condition that the cost of renovating the facility would exceed 40 percent of the cost of constructing a new facility.

    2.  Upon receipt of an application submitted pursuant to subsection 1, the director of the department of administration shall forward the application to the:

    (a) Department of taxation to determine whether or not:

        (1) The application satisfies the showing of proof required pursuant to paragraphs (a) and (b) of subsection 1; and

        (2) The board of county commissioners in the county in which the school district is located has imposed a tax of more than one-eighth of 1 percent pursuant to NRS 377B.100; and

    (b) State public works board to determine whether the application satisfies the showing of proof required pursuant to paragraph (c) of subsection 1; and

    (c) Department of education for informational purposes.

    3.  The department of taxation and the state public works board shall submit written statements of their determinations pursuant to subsection 2 regarding an application to the director of the department of administration. Upon receipt of such statements, the director shall submit the application accompanied by the written statements from the department of taxation and state public works board to the state board of examiners for approval.

    4.  The director of the department of administration shall make grants from the fund created pursuant to NRS 387.333 based upon the need of each school district whose application is approved by the state board of examiners.

    5.  The director of the department of administration shall adopt regulations that prescribe the annual deadline for submission of an application to the director of the department of administration by a school district that desires to receive a grant of money from the fund.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to governmental administration; creating a revolving fund for the construction, repair and renovation of school buildings and facilities; authorizing the issuance of general obligation bonds under certain circumstances to assist school districts with the construction, repair and renovation of school buildings and facilities; repealing the provisions creating the fund to assist school districts in financing capital improvements; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Creates revolving fund for construction and repair of school buildings and facilities and authorizes issuance of general obligation bonds under certain circumstances. (BDR 34‑1003)”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 193.

    Bill read second time.

    The following amendment was proposed by the Committee on Ways and Means:

    Amendment No. 1262.

    Amend sec. 1.3, page 1, line 3, by deleting “shall” and inserting “may”.

    Amend sec. 1.7, page 1, line 10, by deleting “shall” and inserting:

may continue to”.

    Amend sec. 6, page 2, by deleting lines 24 through 33 and inserting:

    “2.  In addition to the assistant director appointed pursuant to subsection 1, the director shall appoint such other”.

    Amend sec. 6, page 2, line 35, by deleting “[3.] 4.” and inserting “3.”.

    Amend sec. 6, page 2, line 37, by deleting “[4.] 5.” and inserting “4.”.

    Amend sec. 6, page 2, line 40, by deleting “[5.] 6.” and inserting “5.”.

    Amend sec. 7, page 2, by deleting lines 45 through 47 and inserting:

“pursuant to subsection 1 of NRS 209.151 is entitled to receive the same retirement benefits as police”.

    Amend sec. 7, page 3, by deleting line 2 and inserting “programs.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to the department of prisons; allowing the director to establish a system for offender management in each institution and facility of the department; allowing the director to continue to develop and implement a program of facility training for correctional staff in each institution and facility of the department; changing the name of the department; and providing other matters properly relating thereto.”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, re-engrossed and to third reading.

    Senate Bill No. 277.

    Bill read second time.

    The following amendment was proposed by the Committee on Ways and Means:

    Amendment No. 1214.

    Amend the bill as a whole by deleting section 1 and renumbering sec. 2 as section 1.

    Amend sec. 2, page 2, by deleting line 18 and inserting:

    “Section 1.  Chapter 446 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A sign that is not less that 11 inches wide and 8 1/2 inches in height”.

    Amend sec. 2, page 2, line 20, by deleting:

1 inch in height,” and inserting:

the sizes specified in subsection 2,”.

    Amend sec. 2, page 2, by deleting lines 25 through 31 and inserting:

HEALTH WARNING

Drinking wine, beer and other alcoholic beverages during pregnancy can cause birth defects.

ALERTA DE SALUD

El beber de vino, cerveza y otras bebidas alcoho licas durante el embarazo pueden causar defectos de nacimiento.”.

    Amend sec. 2, page 2, by deleting lines 33 through 36 and inserting:

    “2.  The letters in the words “HEALTH WARNING” and “ALERTA DE SALUD” in the sign must be written in not less than 40-point type, and the letters in all other words in the sign must be written in not less than 30-point type.”.

    Amend the bill as a whole by deleting sec. 3 and renumbering sections 4 and 5 as sections 2 and 3.

    Amend sec. 4, page 3, line 28, by deleting:

2 or 3” and inserting “1”.

    Amend sec. 4, page 3, line 29, by deleting:

criminal or civil”.

    Amend sec. 5, page 3, by deleting lines 34 through 41 and inserting:

    “Sec. 3.  This act becomes effective upon passage and approval for the purpose of authorizing the health division of the department of human resources to solicit, accept and distribute signs that satisfy the requirements of section 1 of this act, and on October 1, 2001, for all other purposes.”.

    Amend the title of the bill, third and fourth lines, by deleting:

“providing a civil penalty for failure to post the sign;”.

    Assemblywomen Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblymen Giunchigliani and Freeman.

    Amendment adopted.

    Bill ordered reprinted, re-engrossed and to third reading.

    Senate Bill No. 427.

    Bill read second time.

    The following amendment was proposed by the Committee on Ways and Means:

    Amendment No. 1220.

    Amend section 1, pages 1 and 2, by deleting lines 1 through 18 on page 1 and lines 1 through 25 on page 2, and inserting:

    “Section 1.  1.  There is hereby appropriated from the state general fund to the Department of Education the sum of $2,450,000 for educational technology.

    2.  The Department of Education shall distribute the money appropriated by subsection 1 as follows:

    (a) For the Commission on Educational Technology to grant to local school districts for hardware, software and contracting services to provide or enhance technical support to the school districts:

(1) For the fiscal year 2001-2002.........................................$625,000

(2) For the fiscal year 2002-2003.........................................$625,000

    (b) For the Commission on Educational Technology to grant to local school districts for pilot programs that demonstrate best practices for the use of educational technology to improve the achievement of pupils:

(1) For the fiscal year 2001-2002..........................................$150,000

(2) For the fiscal year 2002-2003..........................................$150,000

    (c) For the Commission on Educational Technology to distribute for the KLVX Distance Learning Service  $400,000

    (d) For the Commission on Educational Technology to grant to the Division of State Library and Archives of the Department of Cultural Affairs for licenses to allow public schools and libraries access to research databases and other on-line resources appropriate for pupils    $500,000

    3.  The sums appropriated by paragraphs (a) and (b) of subsection 2 are available for either fiscal year. Any balance of those sums must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

    4.  Any remaining balance of the appropriation made by paragraphs (c) and (d) of subsection 2 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.”.

    Amend section 1, page 2, line 26, after “pursuant to” by inserting:

“paragraphs (a) and (b) of subsection 1”.

    Amend the bill as a whole by adding a new section designated sec. 3.5, following sec. 3, to read as follows:

    “Sec. 3.5.  1.  There is hereby appropriated from the state general fund to the Department of Education for textbooks and workbooks:

For the fiscal year 2001-2002              $3,750,000,000

For the fiscal year 2002-2003              $3,750,000,000

    2.  The board of trustees of a school district may submit an application to the Department of Education for an allocation of money pursuant to this section. The application must include, without limitation, a plan that sets forth the manner in which the school district will use the money to:

    (a) Eliminate the use of shared classroom book sets in the public schools within the school district which must remain in the classroom; and

    (b) Provide each pupil enrolled in a public school of the school district with a textbook for each class in which a textbook is used and an accompanying workbook, if applicable, that the pupil may use at home for educational purposes.

F

 
The plan must include a detailed description of the grade levels and subject areas for which the textbooks and workbooks will be purchased.

    3.  Upon receipt of an application pursuant to subsection 2, the Department of Education shall review the application and make recommendations jointly with the Budget Division of the Department of Administration and the Legislative Bureau of Educational Accountability and Program Evaluation. The joint recommendation of the amount of the allocation must be transmitted to the Superintendent of Public Instruction for his consideration. The Superintendent of Public Instruction shall determine the amount of the allocation for each school district whose application is approved for the 2001-2002 fiscal year and the 2002-2003 fiscal year. The Superintendent of Public Instruction is not bound to follow the joint recommendation.

    4.  A school district that receives an allocation of money pursuant to this section shall use the money for each school year that the school district receives an allocation to:

    (a) Purchase a sufficient number of textbooks and accompanying workbooks, if applicable, to eliminate the use of classroom book sets and to provide each pupil enrolled in a public school of the school district with a textbook for each class in which a textbook is used and an accompanying workbook that the pupil may take home for educational purposes.

    (b) Supplement and not replace the amount of money that the school district would otherwise expend for the purchase of textbooks and workbooks.

    5.  Notwithstanding the provisions of NRS 387.207 to the contrary, a school district that receives an allocation of money pursuant to this section shall expend, for the purchase of textbooks and workbooks for each school year that it receives an allocation, an amount of money that is at least equal to the average amount of money that was expended per pupil by the school district in the school year immediately preceding the school year for which the allocation is made for the purchase of textbooks and workbooks, not including the amount of money received from a previous allocation pursuant to this section.

    6.  The Department of Education shall submit a written report setting forth the uses of the money by school districts that received allocations and evaluating the effectiveness of those uses in eliminating the use of classroom book sets in schools. The written report must be submitted to the Director of the Legislative Counsel Bureau on or before February 1, 2003, for transmission to the 72nd session of the Nevada Legislature.

    7.  The sums appropriated by subsection 1 are available for either fiscal year. Any balance of those sums must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.”.

    Amend sec. 4, page 4, by deleting lines 16 through 18 and inserting:

“2002 school year and the 2002-2003 school year. A teacher may not receive more than one”.

    Amend sec. 4, page 4, line 23, after “2.” by inserting:

    “A teacher may not receive a signing bonus:

    (a) Until he has taught for a school district in this state for at least 30 days; and

    (b) Unless he submits a written statement indicating that the teacher understands that if he does not teach in a public school in this state for at least 2 years after the date on which he receives the signing bonus, he will be required to repay the signing bonus in full to the Department of Education.

    3.”.

    Amend sec. 4, page 4, line 30, by deleting “3.” and inserting “4.”.

    Amend sec. 4, page 4, line 43, by deleting “4.” and inserting:

    “5.  Except as otherwise provided in this subsection, if a teacher who receives a signing bonus pursuant to this section does not teach in a public school in this state for at least 2 years after the date on which he received the signing bonus, the teacher shall repay the full amount of the signing bonus to the Department of Education. The Department of Education shall grant a waiver to a teacher from the repayment required by this subsection if the teacher received satisfactory evaluations but was not reemployed by the school district.

    6.”.

    Amend sec. 4, page 4, line 46, by deleting “5.” and inserting “7.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to education; making appropriations to the Department of Education for educational technology, textbooks and signing bonuses for teachers; making an appropriation to the legislative fund for use by the Legislative Bureau of Educational Accountability and Program Evaluation for an evaluation of educational technology; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Makes appropriations for educational technology, textbooks and signing bonuses for teachers. (BDR S‑1349)”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblymen Giunchigliani, Anderson and Mortenson.

    Amendment adopted.

    Bill ordered reprinted, re-engrossed and to third reading.

    Senate Bill No. 445.

    Bill read second time.

    The following amendment was proposed by the Committee on Ways and Means:

    Amendment No. 1261.

    Amend the bill as a whole by deleting sections 1 and 2, renumbering sec. 3 as sec. 4 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:

    “Section 1.  1.  There is hereby appropriated from the state general fund to the Peace Officers’ Standards and Training Commission the sum of $50,000 for an analysis of job tasks and a study of physical fitness validation for peace officers.

    2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 2.  1.  There is hereby appropriated from the state general fund to the Department of Motor Vehicles and Public Safety the sum of $562,569 to fund a share of the cost of the National Crime Information Center’s 2000 upgrade, Windows 2000 and the public safety database.

    2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 3.  1.  There is hereby appropriated from the state highway fund to the Department of Motor Vehicles and Public Safety the sum of $442,019 to fund a share of the cost of the National Crime Information Center’s 2000 upgrade, Windows 2000 and the public safety database.

    2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state highway fund as soon as all payments of money committed have been made.”.

    Amend the title of the bill to read as follows:

“AN ACT making appropriations to the Peace Officers’ Standards and Training Commission for an analysis of job tasks and a study of physical fitness validation for peace officers and to the Department of Motor Vehicles and Public Safety for various information technology upgrades; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Makes appropriations to Peace Officers’ Standards and Training Commission for analysis of job tasks and study of physical fitness validation for peace officers and to Department of Motor Vehicles and Public Safety for various information technology upgrades. (BDR S‑1383)”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, re-engrossed and to third reading.

    Senate Bill No. 518.

    Bill read second time.

    The following amendment was proposed by the Committee on Ways and Means:

    Amendment No. 1260.

    Amend the bill as a whole by renumbering sections 1 through 4 as sections 3 through 6 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:

    “Section 1.  NRS 281.160 is hereby amended to read as follows:

    281.160  1.  Except as otherwise provided in subsection 2 or 5, or by specific statute, any district judge, state officer, state employee or member of an advisory board supported in whole or in part by any public money, whether the public money is received from the Federal Government or any branch or agency thereof, or from private or any other sources, is entitled to receive his expenses in the transaction of public business outside of the municipality or other area in which his principal office is located, to be paid at the rate of [$69] $76 for each 24-hour period during which he is away from the office and within the state, and [$27] $26 in addition to a reasonable room rate for each 24-hour period during which he is outside of the state.

    2.  Any person enumerated in subsection 1 is entitled to receive expenses for a period of less than 24 hours in accordance with regulations of the state board of examiners conforming generally to those rates.

    3.  Any person enumerated in subsection 1 is entitled to receive an allowance for transportation in the transaction of public business, whether within or outside of the municipality or other area in which his principal office is located. Transportation must be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles and special use vehicles. The state board of examiners, on or before July 1 of each year, shall establish the rate of the allowance for travel by private conveyance. The rate must equal the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax that is in effect at the time the annual rate is established. If a private conveyance is used for reasons of personal convenience in transaction of state business, the allowance for travel is one-half the established rate.

    4.  The state board of examiners may establish a transportation allowance for the use of private, special use vehicles on public business by any person enumerated in subsection 1, whether within or outside of the municipality or other area in which his principal office is located. The allowance must be established at rates higher than the rates established in subsection 3.

    5.  The state board of examiners may establish:

    (a) A room rate in excess of the normal allowance for reimbursement of employees who are required to travel on weekends to serve the needs of the public. The board may require the submission of receipts as a condition of reimbursement at the special rate.

    (b) Reasonable rates for expenses outside of the United States that will allow a person to purchase the same quality of food as the domestic rate allows.

    6.  The state board of examiners shall adopt regulations, and shall require other state agencies to adopt regulations, in accordance with the purpose of this section, and a state agency may, with the approval of the state board of examiners, adopt a rate of reimbursement less than the amounts specified in subsection 1 where unusual circumstances make that rate desirable.

    Sec. 2.  NRS 281.160 is hereby amended to read as follows:

    281.160  1.  Except as otherwise provided in subsection 2 or 5, or by specific statute, any district judge, state officer, state employee or member of an advisory board supported in whole or in part by any public money, whether the public money is received from the Federal Government or any branch or agency thereof, or from private or any other sources, is entitled to receive his expenses in the transaction of public business outside of the municipality or other area in which his principal office is located, to be paid at the rate of [$76] $84 for each 24-hour period during which he is away from the office and within the state, and $26 in addition to a reasonable room rate for each 24-hour period during which he is outside of the state.

    2.  Any person enumerated in subsection 1 is entitled to receive expenses for a period of less than 24 hours in accordance with regulations of the state board of examiners conforming generally to those rates.

    3.  Any person enumerated in subsection 1 is entitled to receive an allowance for transportation in the transaction of public business, whether within or outside of the municipality or other area in which his principal office is located. Transportation must be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles and special use vehicles. The state board of examiners, on or before July 1 of each year, shall establish the rate of the allowance for travel by private conveyance. The rate must equal the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax that is in effect at the time the annual rate is established. If a private conveyance is used for reasons of personal convenience in transaction of state business, the allowance for travel is one-half the established rate.

    4.  The state board of examiners may establish a transportation allowance for the use of private, special use vehicles on public business by any person enumerated in subsection 1, whether within or outside of the municipality or other area in which his principal office is located. The allowance must be established at rates higher than the rates established in subsection 3.

    5.  The state board of examiners may establish:

    (a) A room rate in excess of the normal allowance for reimbursement of employees who are required to travel on weekends to serve the needs of the public. The board may require the submission of receipts as a condition of reimbursement at the special rate.

    (b) Reasonable rates for expenses outside of the United States that will allow a person to purchase the same quality of food as the domestic rate allows.

    6.  The state board of examiners shall adopt regulations, and shall require other state agencies to adopt regulations, in accordance with the purpose of this section, and a state agency may, with the approval of the state board of examiners, adopt a rate of reimbursement less than the amounts specified in subsection 1 where unusual circumstances make that rate desirable.”.

    Amend sec. 2, page 1, line 11, by deleting “$5,250,000” and inserting “$3,750,000”.

    Amend sec. 2, page 1, line 12, by deleting “$11,750,000” and inserting “$13,250,000”.

    Amend sec. 4, page 3, by deleting line 6 and inserting:

    “Sec. 6.  1.  This section and sections 3, 4 and 5 of this act become effective upon passage and approval.

    2.  Section 1 of this act becomes effective on July 1, 2001.

    3.  Section 2 of this act becomes effective on July 1, 2002.”.

    Amend the title of the bill, first line, after “administration;” by inserting:

“revising the amounts paid to certain public officers and employees as allowances for certain expenses;”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions relating to state financial administration. (BDR 23-1514)”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, re-engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that Assembly Bill No. 606 and Senate Joint Resolution No. 20 just returned from the printer, be placed at the top of the General File.

    Motion carried.

    Assemblywoman Buckley moved that all rules be suspended and that Assembly Bill No. 232 be declared an emergency measure under the Constitution and placed on third reading and final passage.

    Motion carried unanimously.

    Assemblywoman Buckley moved that Assembly Concurrent Resolutions Nos. 3 and 21 just returned from the printer, be placed on the Resolution File.

    Motion carried.

general file and third reading

    Assembly Bill No. 606.

    Bill read third time.

    Remarks by Assemblymen Giunchigliani, Carpenter, Mortenson, Williams, Freeman and Von Tobel.

    Roll call on Assembly Bill No. 606:

    Yeas—36.

    Nays—Cegavske, Goldwater, Gustavson, Manendo—4.

    Not Voting—Gibbons, Humke—2.

    Assembly Bill No. 606 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 75.

    Bill read third time.

    The following amendment was proposed by the Committee on Ways and Means:

    Amendment No. 1258.

    Amend the bill as a whole by deleting sections 2 and 3 and renumbering sections 4 through 6 as sections 2 through 4.

    Amend sec. 5, page 3, by deleting line 1 and inserting:

    “Sec. 3.  1.  The director of the department of human resources shall take such action as is necessary to include, effective July 1, 2002, in the state plan for Medicaid the coverage authorized by section 2 of the federal Breast and Cervical Cancer Prevention and Treatment Act of 2000.

    2.  This section must not be construed to authorize or”.

    Amend sec. 5, page 3, by deleting line 5 and inserting:

    “(a) July 1, 2002; or”.

    Amend sec. 5, page 3, line 6, by deleting “2.” and inserting “(b)”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 7:12 p.m.

ASSEMBLY IN SESSION

    At 7:13 p.m.

    Mr. Speaker pro Tempore presiding.

    Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

    By the Committee on Elections, Procedures, and Ethics:

    Assembly Concurrent Resolution No. 42—Establishing the Governor’s Task Force on Tax Policy in Nevada.

    Assemblywoman Giunchigliani moved the adoption of the resolution.

    Remarks by Assemblywoman Giunchigliani.

    Resolution adopted.

    Assembly Concurrent Resolution No. 3.

    Assemblywoman Giunchigliani moved the adoption of the resolution.

 

    Remarks by Assemblymen Giunchigliani and Carpenter.

    Resolution adopted, as amended.

    Assembly Concurrent Resolution No. 21.

    Assemblywoman Giunchigliani moved the adoption of the resolution.

    Remarks by Assemblywoman Giunchigliani.

    Resolution adopted, as amended.

INTRODUCTION, FIRST READING AND REFERENCE

    Senate Bill No. 476.

    Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 399, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Assembly be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA10, which is attached to and hereby made a part of this report.

 

Debbie Smith

Maurice E. Washington

Mark A. Manendo

Mark Amodei

Barbara K. Cegavske

Valerie Wiener

Assembly Conference Committee

Senate Conference Committee

   

    Conference Amendment No. CA10.

    Amend the bill as a whole by deleting sections 1 through 53 and the text of repealed section and adding new sections designated sections 1 through 75 and the text of repealed section, following the enacting clause, to read as follows:

    “Section 1.  NRS 385.347 is hereby amended to read as follows:

    385.347  1.  The board of trustees of each school district in this state, in cooperation with associations recognized by the state board as representing licensed personnel in education in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the state board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools in the school district. The board of trustees of a school district shall report the information required by subsection 2 for each charter school within the school district, regardless of the sponsor of the charter school.

    2.  The board of trustees of each school district shall, on or before March 31 of each year, report to the residents of the district concerning:

    (a) The educational goals and objectives of the school district.

    (b) Pupil achievement for grades 4, 8, 10 and 11 for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

 

 
Unless otherwise directed by the department, the board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and shall compare the results of those examinations for the current school year with those of previous school years. The report must include, for each school in the district, including, without limitation, each charter school in the district, and each grade in which the examinations were administered:

        (1) The number of pupils who took the examinations;

        (2) An explanation of instances in which a school was exempt from administering or a pupil was exempt from taking an examination; and

        (3) A record of attendance for the period in which the examinations were administered, including an explanation of any difference in the number of pupils who took the examinations and the number of pupils who are enrolled in the school.

 

 
In addition, the board shall also report the results of other examinations of pupil achievement administered to pupils in the school district in grades other than 4, 8, 10 and 11. The results of these examinations for the current school year must be compared with those of previous school years.

    (c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school in the district, the average class size for each required course of study for each secondary school in the district and the district as a whole, including, without limitation, each charter school in the district, and other data concerning licensed and unlicensed employees of the school district.

    (d) The percentage of classes taught by teachers who have been assigned to teach English, mathematics, science or social studies but do not possess a license with an endorsement to teach in that subject area, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

    (e) The total expenditure per pupil for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

    (f) The curriculum used by the school district, including:

        (1) Any special programs for pupils at an individual school; and

        (2) The curriculum used by each charter school in the district.

    (g) Records of the attendance and truancy of pupils in all grades, including, without limitation, the average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

    (h) The annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole, excluding pupils who:

        (1) Provide proof to the school district of successful completion of the examinations of general educational development.

        (2) Are enrolled in courses that are approved by the department as meeting the requirements for an adult standard diploma.

        (3) Withdraw from school to attend another school.

    (i) Records of attendance of teachers who provide instruction, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

    (j) Efforts made by the school district and by each school in the district, including, without limitation, each charter school in the district, to increase:

        (1) Communication with the parents of pupils in the district; and

        (2) The participation of parents in the educational process and activities relating to the school district and each school, including, without limitation, the existence of parent organizations and school advisory committees.

    (k) Records of incidents involving weapons or violence for each school in the district, including, without limitation, each charter school in the district.

    (l) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district, including, without limitation, each charter school in the district.

    (m) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.

    (n) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

    (o) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.125, for each school in the district and the district as a whole, including, without limitation, each charter school in the district. 

    (p) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school in the district. For the purposes of this paragraph, a pupil is not transient if he is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

    (q) Each source of funding for the school district.

    (r) The amount and sources of money received for remedial education for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

    (s) For each high school in the district, including, without limitation, each charter school in the district, the percentage of pupils who graduated from that high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university or community college within the University and Community College System of Nevada.

    (t) The technological facilities and equipment available at each school, including, without limitation, each charter school, and the district’s plan to incorporate educational technology at each school.

    (u) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who graduate with:

        (1) A standard high school diploma.

        (2) An adjusted diploma.

        (3) A certificate of attendance.

    (v) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.

    (w) The number of habitual truants who are reported to a school police officer or law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each school in the district and for the district as a whole.

    (x) The amount and sources of money received for the training and professional development of teachers and other educational personnel for each school in the district and for the district as a whole, including, without limitation, each charter school in the district.

    (y) Such other information as is directed by the superintendent of public instruction.

    3.  The records of attendance maintained by a school for purposes of paragraph (i) of subsection 2 must include the number of teachers who are in attendance at school and the number of teachers who are absent from school. A teacher shall be deemed in attendance if the teacher is excused from being present in the classroom by the school in which he is employed for one of the following reasons:

    (a) Acquisition of knowledge or skills relating to the professional development of the teacher; or

    (b) Assignment of the teacher to perform duties for cocurricular or extracurricular activities of pupils.

    4.  The superintendent of public instruction shall:

    (a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.

    (b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts.

    (c) Consult with a representative of the:

        (1) Nevada State Education Association;

        (2) Nevada Association of School Boards;

        (3) Nevada Association of School Administrators;

        (4) Nevada Parent Teachers Association;

        (5) Budget division of the department of administration; and

        (6) Legislative counsel bureau,

 

 
concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

    5.  The superintendent of public instruction may consult with representatives of parent groups other than the Nevada Parent Teachers Association concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

    6.  On or before April 15 of each year, the board of trustees of each school district shall submit to each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required in paragraph (g) of subsection 2.

    Sec. 2.  NRS 385.363 is hereby amended to read as follows:

    385.363  1.  The department shall, on or before April 1 of each year:

    [1.] (a) Evaluate the information submitted by each school district pursuant to paragraphs (b) and (g) of subsection 2 of NRS 385.347; and

    [2.] (b) Except as otherwise provided in subsection [3] 2 and NRS 385.364, based upon its evaluation and in accordance with the criteria set forth in NRS 385.365 and 385.367, designate each public school within each school district as:

    [(a)] (1) Demonstrating exemplary achievement;

    [(b)] (2) Demonstrating high achievement;

    [(c)] (3) Demonstrating adequate achievement; or

    [(d)] (4) Demonstrating need for improvement.

    [3.] 2.  The department shall adopt regulations that set forth the conditions under which the department will not designate a public school pursuant to this section because the school:

    (a) Has too few pupils enrolled in a grade level that is tested pursuant to NRS 389.015;

    (b) Serves only pupils with disabilities;

    (c) Operates only as an alternative program for the education of pupils at risk of dropping out of high school [;] , including, without limitation, a program of distance education for pupils at risk of dropping out of high school provided pursuant to sections 35 to 49, inclusive, of this act; or

    (d) Is operated within a:

        (1) Youth training center;

        (2) Youth center;

        (3) Juvenile forestry camp;

        (4) Detention home;

        (5) Youth camp;

        (6) Juvenile correctional institution; or

        (7) Correctional institution.

    Sec. 3.  Chapter 386 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 10, inclusive, of this act.

    Sec. 4.  The provisions of NRS 386.500 to 386.610, inclusive, and sections 4 to 10, inclusive, of this act do not authorize an existing public school, home school or other program of home study to convert to a charter school.

    Sec. 5.  A charter school shall not operate for profit.

    Sec. 6.  1.  Unless otherwise authorized by specific statute, it is unlawful for a member of the board of trustees of a school district or an employee of a school district to solicit or accept any gift or payment of money on his own behalf or on behalf of the school district or for any other purpose from a member of a committee to form a charter school, the governing body of a charter school, or any officer or employee of a charter school.

    2.  This section does not prohibit the payment of a salary or other compensation or income to a member of the board of trustees or an employee of a school district for services provided in accordance with a contract made pursuant to NRS 386.560.

    3.  A person who violates subsection 1 shall be punished for a misdemeanor.

    Sec. 7.  1.  If a charter school provides instruction to pupils enrolled in a high school grade level and the charter school requires those pupils to satisfy requirements for graduation from high school that are less than the requirements imposed by the school district in which the charter school is located, the charter school shall not issue a high school diploma of the school district but may issue a high school diploma which clearly indicates that it is a diploma issued by a charter school. If a charter school requires its pupils to satisfy requirements for graduation from high school that meet or exceed the requirements of the school district in which the charter school is located, the charter school may issue a high school diploma of the school district or a high school diploma of the charter school.

    2.  A charter school shall submit the form for a diploma of the charter school to the department for approval if the form differs from the form of the school district in which the charter school is located.

    3.  The provisions of this section do not authorize a charter school to impose requirements for graduation from high school that are less than the requirements of the applicable state statutes and regulations.

    Sec. 8.  1.  The fund for charter schools is hereby created in the state treasury as a revolving loan fund, to be administered by the department.

    2.  The money in the revolving fund must be invested as other state funds are invested. All interest and income earned on the money in the revolving fund must be credited to the revolving fund. Any money remaining in the revolving fund at the end of a fiscal year does not revert to the state general fund, and the balance in the fund must be carried forward.

    3.  All payments of principal and interest on all the loans made to a charter school from the revolving fund must be deposited in the state treasury for credit to the revolving fund.

    4.  Claims against the revolving fund must be paid as other claims against the state are paid.

    5.  The department may accept gifts, grants, bequests and donations from any source for deposit in the revolving fund.

    Sec. 9.  1.  After deducting the costs directly related to administering the fund for charter schools, the department may use the money in the fund for charter schools, including repayments of principal and interest on loans made from the fund, and interest and income earned on money in the fund, only to make loans at or below market rate to charter schools for the costs incurred:

    (a) In preparing a charter school to commence its first year of operation; and

    (b) To improve a charter school that has been in operation.

    2.  The total amount of a loan that may be made to a charter school in 1 year must not exceed $25,000.

    Sec. 10.  1.  If the governing body of a charter school has a written charter issued pursuant to NRS 386.527, the governing body may submit an application to the department for a loan from the fund for charter schools. An application must include a written description of the manner in which the loan will be used to prepare the charter school for its first year of operation or to improve a charter school that has been in operation.

    2.  The department shall, within the limits of money available for use in the fund, make loans to charter schools whose applications have been approved. If the department makes a loan from the fund, the department shall ensure that the contract for the loan includes all terms and conditions for repayment of the loan.

    3.  The state board:

    (a) Shall adopt regulations that prescribe the:

        (1) Annual deadline for submission of an application to the department by a charter school that desires to receive a loan from the fund; and

        (2) Period for repayment and the rate of interest for loans made from the fund.

    (b) May adopt such other regulations as it deems necessary to carry out the provisions of this section and sections 8 and 9 of this act.

    Sec. 11.  NRS 386.500 is hereby amended to read as follows:

    386.500  For the purposes of NRS 386.500 to 386.610, inclusive, and sections 4 to 10, inclusive, of this act, a pupil is “at risk” if he has an economic or academic disadvantage such that he requires special services and assistance to enable him to succeed in educational programs. The term includes, without limitation, pupils who are members of economically disadvantaged families, pupils with limited proficiency in the English language, pupils who are at risk of dropping out of high school and pupils who do not meet minimum standards of academic proficiency. The term does not include a pupil with a disability.

    Sec. 12.  NRS 386.505 is hereby amended to read as follows:

    386.505  The legislature declares that by authorizing the formation of charter schools it is not authorizing:

    1.  The [establishment of a charter school as a justification to keep open] conversion of an existing public school [that would otherwise be closed;] , home school or other program of home study to a charter school.

    2.  A means for providing financial assistance for private schools or programs of home study . [; or] The provisions of this subsection do not preclude a private school from ceasing to operate as a private school and reopening as a charter school in compliance with the provisions of NRS 386.500 to 386.610, inclusive, and sections 4 to 10, inclusive, of this act.

    3.  The formation of charter schools on the basis of a single race, religion or ethnicity.

    Sec. 13.  NRS 386.515 is hereby amended to read as follows:

    386.515  1.  The board of trustees of a school district may apply to the department for authorization to sponsor charter schools within the school district. An application must be approved by the department before the board of trustees may sponsor a charter school. Not more than 180 days after receiving approval to sponsor charter schools, the board of trustees shall provide public notice of its ability to sponsor charter schools and solicit applications for charter schools.

    2.  The state board shall sponsor charter schools whose applications have been approved by the state board pursuant to NRS 386.525.

    Sec. 14.  NRS 386.520 is hereby amended to read as follows:

    386.520  1.  A committee to form a charter school must consist of at least three teachers, as defined in [NRS 391.311, alone or in combination with:

    (a) Ten or more members] subsection 4. In addition to the teachers who serve, the committee may consist of:

    (a) Members of the general public;

    (b) Representatives of [an organization devoted to service to the general public;

    (c) Representatives of a private business; or

    (d)] nonprofit organizations and businesses; or

    (c) Representatives of a college or university within the University and Community College System of Nevada.

 

 
A majority of the persons described in paragraphs (a), (b) and (c) who serve on the committee must be residents of this state at the time that the application to form the charter school is submitted to the department.

    2.  Before a committee to form a charter school may submit an application to the board of trustees of a school district, the subcommittee on charter schools or the state board, it must submit the application to the department. The application must include all information prescribed by the department by regulation and:

    (a) A written description of how the charter school will carry out the provisions of NRS 386.500 to 386.610, inclusive [.] , and sections 4 to 10, inclusive, of this act.

    (b) A written description of the mission and goals for the charter school. A charter school must have as its stated purpose at least one of the following goals:

        (1) Improving the opportunities for pupils to learn;

        (2) Encouraging the use of effective methods of teaching;

        (3) Providing an accurate measurement of the educational achievement of pupils;

        (4) Establishing accountability of public schools;

        (5) Providing a method for public schools to measure achievement based upon the performance of the schools; or

        (6) Creating new professional opportunities for teachers.

    (c) The projected enrollment of pupils in the charter school.

    (d) The proposed dates of enrollment for the charter school.

    (e) The proposed system of governance for the charter school, including, without limitation, the number of persons who will govern, the method of selecting the persons who will govern and the term of office for each person.

    (f) The method by which disputes will be resolved between the governing body of the charter school and the sponsor of the charter school.

    (g) The proposed curriculum for the charter school [.] and, if applicable to the grade level of pupils who are enrolled in the charter school, the requirements for the pupils to receive a high school diploma, including, without limitation, whether those pupils will satisfy the requirements of the school district in which the charter school is located for receipt of a high school diploma.

    (h) The textbooks that will be used at the charter school.

    (i) The qualifications of the persons who will provide instruction at the charter school.

    (j) Except as otherwise required by NRS 386.595, the process by which the governing body of the charter school will negotiate employment contracts with the employees of the charter school.

    (k) A financial plan for the operation of the charter school. The plan must include, without limitation, procedures for the audit of the programs and finances of the charter school and guidelines for determining the financial liability if the charter school is unsuccessful.

    (l) A statement of whether the charter school will provide for the transportation of pupils to and from the charter school. If the charter school will provide transportation, the application must include the proposed plan for the transportation of pupils. If the charter school will not provide transportation, the application must include a statement that the charter school will work with the parents and guardians of pupils enrolled in the charter school to develop a plan for transportation to ensure that pupils have access to transportation to and from the charter school.

    (m) The procedure for the evaluation of teachers of the charter school, if different from the procedure prescribed in NRS 391.3125. If the procedure is different from the procedure prescribed in NRS 391.3125, the procedure for the evaluation of teachers of the charter school must provide the same level of protection and otherwise comply with the standards for evaluation set forth in NRS 391.3125.

    (n) The time by which certain academic or educational results will be achieved.

    (o) The kind of school, as defined in subsections 1 to 4, inclusive, of NRS 388.020, for which the charter school intends to operate.

    3.  The department shall review an application to form a charter school to determine whether it is complete. If an application proposes to convert an existing public school, home school or other program of home study into a charter school, the department shall deny the application. The department shall provide written notice to the applicant of its approval or denial of the application. If the department denies an application, the department shall include in the written notice the reason for the denial and the deficiencies in the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.

    4.  As used in subsection 1, “teacher” means a person who:

    (a) Holds a current license to teach issued pursuant to chapter 391 of NRS; and

    (b) Has at least 2 years of experience as an employed teacher.

 

 
The term does not include a person who is employed as a substitute teacher.

    Sec. 15.  NRS 386.525 is hereby amended to read as follows:

    386.525  1.  Upon approval of an application by the department, a committee to form a charter school may submit the application to the board of trustees of the school district in which the proposed charter school will be located. If applicable, a committee may submit an application directly to the subcommittee on charter schools pursuant to subsection 4. If the board of trustees of a school district receives an application to form a charter school, it shall consider the application at [its next] a regularly scheduled meeting [, but] that must be held not later than [14] 30 days after the receipt of the application, and ensure that notice of the meeting has been provided pursuant to chapter 241 of NRS. The board of trustees , the subcommittee on charter schools or the state board, as applicable, shall review [the] an application to determine whether the application:

    (a) Complies with NRS 386.500 to 386.610, inclusive, and sections 4 to 10, inclusive, of this act and the regulations applicable to charter schools; and

    (b) Is complete in accordance with the regulations of the department.

    2.  The department shall assist the board of trustees of a school district in the review of an application. The board of trustees [shall] may approve an application if it satisfies the requirements of paragraphs (a) and (b) of subsection 1. The board of trustees shall provide written notice to the applicant of its approval or denial of the application.

    3.  If the board of trustees denies an application, it shall include in the written notice the reasons for the denial and the deficiencies in the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.

    4.  If the board of trustees denies an application after it has been resubmitted pursuant to subsection 3, the applicant may submit a written request for sponsorship by the state board to thesubcommittee on charter schools created pursuant to NRS 386.507 [,] not more than 30 days after receipt of the written notice of denial . [, to direct the board of trustees to reconsider the application. The subcommittee shall consider requests for reconsideration in the order in which they are received.] If an applicant proposes to form a charter school exclusively for the enrollment of pupils who receive special education pursuant to NRS 388.440 to 388.520, inclusive, the applicant may submit the written request and application directly to the subcommittee without first seeking approval from the board of trustees of a school district. Any request that is submitted pursuant to this subsection must be accompanied by the application to form the charter school.

    5.  If the subcommittee receives [such a request,] a request pursuant to subsection 4, it shall hold a meeting to considerthe request [at its next regularly scheduled meeting and ensure that notice] and the application. The meeting must be held not later than 30 days after receipt of the application. Notice of the meeting [is] must be posted in accordance with chapter 241 of NRS. [Not more than 30 days after the meeting, the subcommittee shall provide written notice of its determination to the applicant and to the board of trustees. If the subcommittee denies the request for reconsideration, the applicant may, not more than 30 days after the receipt of the written notice from the subcommittee, appeal the determination to the district court of the county in which the proposed charter school will be located.

    5.  If the subcommittee on charter schools grants a request to direct reconsideration, the written notice to the board of trustees of the school district that denied the application must include, without limitation, instructions to the board of trustees concerning the reconsideration of the application. Not more than 30 days after receipt of the written notice from the subcommittee directing the reconsideration, the board of trustees shall reconsider the application in accordance with the instructions of the subcommittee, make a final determination on the application and provide written notice of the determination to the applicant. If, upon reconsideration of the application, the board of trustees] The subcommittee shall review the application in accordance with the factors set forth in paragraphs (a) and (b) of subsection 1. The subcommittee shall approve an application if it satisfies the requirements of paragraphs (a) and (b) of subsection 1.

    6.  The subcommittee shall transmit the application and the recommendation of the subcommittee for approval or denial of the application to the state board. Not more than 14 days after the date of the meeting of the subcommittee pursuant to subsection 5, the state board shall hold a meeting to consider the recommendation of the subcommittee. Notice of the meeting must be posted in accordance with chapter 241 of NRS. The state board shall review the application in accordance with the factors set forth in paragraphs (a) and (b) of subsection 1. The state board shall approve an application if it satisfies the requirements of paragraphs (a) and (b) of subsection 1. Not more than 30 days after the meeting, the state board shall provide written notice of its determination to the applicant.

    7.  If the state board denies the application, the applicant may, not more than 30 days after the receipt of the written notice from the [board of trustees,] state board, appeal the final determination to the district court of the county in which the proposed charter school will be located.

    Sec. 16.  NRS 386.527 is hereby amended to read as follows:

    386.527  1.  [Except as otherwise provided in subsection 3, if] If the state board or the boardof trustees of a school district approves an application to form a charter school, it shall grant a written charter to the applicant. The state board or the board of trustees , as applicable, shall, not later than 10 days after the approval of the application, provide written notice to the department of the approval and the date of the approval. [The] If the board of trustees [that] approves the application , the board of trustees shall be deemed the sponsor of the charter school. [A] If the state board approves the application:

    (a) The state board shall be deemed the sponsor of the charter school.

    (b) Neither the State of Nevada, the state board nor the department is an employer of the members of the governing body of the charter school or any of the employees of the charter school.

    2.  Except as otherwise provided in subsection 4, a written charter must be for a term of 6 years unless the governing body of a charter school renews its initial charter after 3 years of operation pursuant to subsection 2 of NRS 386.530. A written charter must include all conditions of operation set forth in paragraphs (a) to [(n),] (o), inclusive, of subsection 2 of NRS 386.520 [.] and include the kind of school, as defined in subsections 1 to 4, inclusive, of NRS 388.020 for which the charter school is authorized to operate. If the state board is the sponsor of the charter school, the written charter must set forth the responsibilities of the sponsor and the charter school with regard to the provision of services and programs to pupils with disabilities who are enrolled in the charter school in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and NRS 388.440 to 388.520, inclusive. As a condition of the issuance of a written charter pursuant to this subsection, the charter school must agree to comply with all conditions of operation set forth in NRS 386.550.

    [2.] 3.  The governing body of a charter school may submit to the sponsor of the charter school a written request for an amendment of the written charter of the charter school. Such an amendment may include, without limitation, the expansion of instruction and other educational services to pupils who are enrolled in grade levels other than the grade levels of pupils currently enrolled in the charter school if the expansion of grade levels does not change the kind of school, as defined in NRS 388.020, for which the charter school is authorized to operate. If the proposed amendment complies with the provisions of this section, NRS 386.500 to 386.610, inclusive, and sections 4 to 10, inclusive, of this act, and any other statute or regulation applicable to charter schools, the sponsor shall amend the written charter in accordance with the proposed amendment.

    [3.  If the board of trustees of a school district is considering an application to form a charter school and determines that the applicant is not yet eligible for the issuance of a charter pursuant to subsection 1, it may, if applicable, hold the application in abeyance and grant a conditional charter to the applicant if the applicant:

    (a) Has not obtained a building, equipment or personnel for the charter school; and

    (b) Submits proof satisfactory to the entity which is considering the application that acceptance of the application is necessary to obtain the building, equipment or personnel for the charter school.

The board of trustees of a school district that grants a conditional charter pursuant to this subsection shall provide written notice to the state board of its action.

    4.  A conditional charter expires 1 year after its issuance and is nonrenewable. The holder of a conditional charter shall not operate a charter school and is not eligible to receive any public school money for the operation of a charter school. Before the expiration of a conditional charter, the holder of the conditional charter may submit a supplemental application and request the board of trustees that granted the conditional charter to determine whether the holder is eligible for the issuance of a charter pursuant to subsection 1. The board of trustees shall consider such a request as soon as is practicable.] If a charter school wishes to expand the instruction and other educational services offered by the charter school to pupils who are enrolled in grade levels other than the grade levels of pupils currently enrolled in the charter school and the expansion of grade levels changes the kind of school, as defined in NRS 388.020, for which the charter school is authorized to operate, the charter school must submit a new application to form a charter school.

    4.  The state board shall adopt objective criteria for the issuance of a written charter to an applicant who is not prepared to commence operation on the date of issuance of the written charter. The criteria must include, without limitation, the:

    (a) Period for which such a written charter is valid; and

    (b) Timelines by which the applicant must satisfy certain requirements demonstrating its progress in preparing to commence operation.

 

 
A holder of such a written charter may apply for grants of money to prepare the charter school for operation. A written charter issued pursuant to this subsection must not be designated as a conditional charter or a provisional charter or otherwise contain any other designation that would indicate the charter is issued for a temporary period.

    5.  The holder of a written charter that is issued pursuant to subsection 4 shall not commence operation of the charter school and is not eligible to receive apportionments pursuant to NRS 387.124 until the sponsor has determined that the requirements adopted by the state board pursuant to subsection 4 have been satisfied and that the facility the charter school will occupy has been inspected and meets the requirements of any applicable building codes, codes for the prevention of fire, and codes pertaining to safety, health and sanitation. Except as otherwise provided in this subsection, the sponsor shall make such a determination 30 days before the first day of school for the:

    (a) Schools of the school district in which the charter school is located that operate on a traditional school schedule and not a year-round school schedule; or

    (b) Charter school,

 

 
whichever date the sponsor selects. The sponsor shall not require a charter school to demonstrate compliance with the requirements of this subsection more than 30 days before the date selected. However, it may authorize a charter school to demonstrate compliance less than 30 days before the date selected.

    Sec. 17.  NRS 386.540 is hereby amended to read as follows:

    386.540  1.  The department shall adopt regulations that prescribe:

    (a) The process for submission of an application by the board of trustees of a school district to the department for authorization to sponsor charter schools and the contents of the application;

    (b) The process for submission of an application to form a charter school to the department [and to] , the board of trustees of a school district [,] and the subcommittee on charter schools, and the contents of the application;

    (c) The process for submission of an application to renew a written charter; and

    (d) The criteria and type of investigation that must be applied by the board of trustees , the subcommittee on charter schools and the state board in determining whether to approve an application to form a charter school or an application to renew a written charter.

    2.  The department may adopt regulations as it determines are necessary to carry out the provisions of NRS 386.500 to 386.610, inclusive, and sections 4 to 10, inclusive, of this act, including, without limitation, regulations that prescribe the procedures for accounting, budgeting and annual audits of charter schools.

    Sec. 18.  NRS 386.549 is hereby amended to read as follows:

    386.549  1.  The governing body of a charter school [shall] must consist of at least three teachers, as defined in [NRS 391.311,] subsection 4, and may consist of, without limitation, parents and representatives of nonprofit organizations and businesses. A majority of the members of the governing body must reside in this state. If the membership of the governing body changes, the governing body shall provide written notice to the sponsor of the charter school within 10 working days after such change. A person may serve on the governing body only if he submits an affidavit to the department indicating that the person has not been convicted of a felony or any offense involving moral turpitude.

    2.  The governing body of a charter school is a public body. It is hereby given such reasonable and necessary powers, not conflicting with the constitution and the laws of the State of Nevada, as may be requisite to attain the ends for which the charter school is established and to promote the welfare of pupils who are enrolled in the charter school.

    3.  The governing body of a charter school shall, during each calendar quarter, hold at least one regularly scheduled public meeting in the county in which the charter school is located.

    4.  As used in subsection 1, “teacher” means a person who:

    (a) Holds a current license to teach issued pursuant to chapter 391 of NRS; and

    (b) Has at least 2 years of experience as an employed teacher.

 

 
The term does not include a person who is employed as a substitute teacher.

    Sec. 19.  NRS 386.550 is hereby amended to read as follows:

    386.550  1.  A charter school shall:

    [1.] (a) Comply with all laws and regulations relating to discrimination and civil rights.

    [2.] (b) Remain nonsectarian, including, without limitation, in its educational programs, policies for admission and employment practices.

    [3.] (c) Refrain from charging tuition or fees, levying taxes or issuing bonds.

    [4.] (d) Comply with any plan for desegregation ordered by a court that is in effect in the school district in which the charter school is located.

    [5.] (e) Comply with the provisions of chapter 241 of NRS.

    [6.] (f) Except as otherwise provided in this [subsection,] paragraph, schedule and provide annually at least as many days of instruction as are required of other public schools located in the same school district as the charter school is located. The governing body of a charter school may submit a written request to the superintendent of public instruction for a waiver from providing the days of instruction required by this [subsection.] paragraph. The superintendent of public instruction may grant such a request if the governing body demonstrates to the satisfaction of the superintendent that:

    [(a)] (1) Extenuating circumstances exist to justify the waiver; and

    [(b)] (2) The charter school will provide at least as many hours or minutes of instruction as would be provided under a program consisting of 180 days.

    [7.] (g) Cooperate with the board of trustees of the school district in the administration of the achievement and proficiency examinations administered pursuant to NRS 389.015 and the examinations required pursuant to NRS 389.550 to the pupils who are enrolled in the charter school.

    [8.] (h) Comply with applicable statutes and regulations governing the achievement and proficiency of pupils in this state.

    [9.] (i) Provide instruction in the core academic subjects set forth in subsection 1 of NRS 389.018, as applicable for the grade levels of pupils who are enrolled in the charter school, and provide at least the courses of [instruction] study that are required of pupils by statute or regulation for promotion to the next grade or graduation from a public high school and require the pupils who are enrolled in the charter school to take those courses of study. This [subsection] paragraph does not preclude a charter school from offering, or requiring the pupils who are enrolled in the charter school to take, other courses of study that are required by statute or regulation.

    [10.] (j) If the parent or legal guardian of a child submits an application to enroll in kindergarten, first grade or second grade at the charter school, comply with NRS 392.040 regarding the ages for enrollment in those grades.

    (k) Refrain from using public money to purchase real property or buildings without the approval of the sponsor.

    [11.] (l) Hold harmless, indemnify and defend the sponsor of the charter school against any claim or liability arising from an act or omission by the governing body of the charter school or an employee or officer of the charter school. An action at law may not be maintained against the sponsor of a charter school for any cause of action for which the charter school has obtained liability insurance.

    [12.] (m) Provide written notice to the parents or legal guardians of pupils in grades 9 to 12, inclusive, who are enrolled in the charter school of whether the charter school is accredited by the Commission on Schools of the Northwest Association of Schools and Colleges.

    [13.] (n) Adopt a final budget in accordance with the regulations adopted by the department. A charter school is not required to adopt a final budget pursuant to NRS 354.598 or otherwise comply with the provisions of chapter 354 of NRS.

    (o) If the charter school provides a program of distance education pursuant to sections 35 to 49, inclusive, of this act, comply with all statutes and regulations that are applicable to a program of distance education for purposes of the operation of the program.

        2.  A charter school shall not provide instruction through a program of distance education to children who are exempt from compulsory attendance authorized by the state board pursuant to subsection 1 of NRS 392.070. As used in this subsection, “distance education” has the meaning ascribed to it in section 37 of this act.

    Sec. 20.  NRS 386.560 is hereby amended to read as follows:

    386.560  1.  The governing body of a charter school may contract with the board of trustees of the school district in which the charter school is located or the University and Community College System of Nevada for the provision of facilities to operate the charter school or to perform any service relating to the operation of the charter school, including, without limitation, transportation and the provision of health services for the pupils who are enrolled in the charter school.

    2.  A charter school may use any public facility located within the school district in which the charter school is located. A charter school may use school buildings owned by the school district only upon approval of the board of trustees of the school district and during times that are not regular school hours.

    3.  The board of trustees of a school district may donate surplus personal property of the school district to a charter school that is located within the school district.

    4.  [Upon] Except as otherwise provided in this subsection, upon the request of a parent or legal guardian of a pupil who is enrolled in a charter school, the board of trustees of the school district in which the charter school is located shall authorize the pupil to participate in a class that is not available to the pupil at the charter school or participate in an extracurricular activity, excluding sports, at a public school within the school district if:

    (a) Space for the pupil in the class or extracurricular activity is available; and

    (b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the pupil is qualified to participate in the class or extracurricular activity.

 

 
If the board of trustees of a school district authorizes a pupil to participate in a class or extracurricular activity, excluding sports, pursuant to this subsection, the board of trustees is not required to provide transportation for the pupil to attend the class or activity. The provisions of this subsection do not apply to a pupil who is enrolled in a charter school and who desires to participate on a part-time basis in a program of distance education provided by the board of trustees of a school district pursuant to sections 35 to 49, inclusive, of this act. Such a pupil must comply with section 45 of this act.

    5.  Upon the request of a parent or legal guardian of a pupil who is enrolled in a charter school, the board of trustees of the school district in which the charter school is located shall authorize the pupil to participate in sports at the public school that he would otherwise be required to attend within the school district, or upon approval of the board of trustees, any public school within the same zone of attendance as the charter school if:

    (a) Space is available for the pupil to participate; and

    (b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the pupil is qualified to participate.

 

 
If the board of trustees of a school district authorizes a pupil to participate in sports pursuant to this subsection, the board of trustees is not required to provide transportation for the pupil to participate.

    6.  The board of trustees of a school district may revoke its approval for a pupil to participate in a class, extracurricular activity or sports at a public school pursuant to subsections 4 and 5 if the board of trustees or the public school determines that the pupil has failed to comply with applicable statutes, or applicable rules and regulations of the board of trustees, the public school or an association for interscholastic activities. If the board of trustees so revokes its approval, neither the board of trustees nor the public school are liable for any damages relating to the denial of services to the pupil.

    Sec. 21.  NRS 386.570 is hereby amended to read as follows:

    386.570  1.  Each pupil who is enrolled in a charter school, including, without limitation, a pupil who is enrolled in a program of special education in a charter school, must be included in the count of pupils in the school district for the purposes of apportionments and allowances from the state distributive school account pursuant to NRS 387.121 to 387.126, inclusive, unless the pupil is exempt from compulsory attendance pursuant to NRS 392.070. A charter school is entitled to receive its proportionate share of any other money available from federal, state or local sources that the school or the pupils who are enrolled in the school are eligible to receive. If a charter school receives special education program units directly from this state, the amount of money for special education that the school district pays to the charter school may be reduced proportionately by the amount of money the charter school received from this state for that purpose.

    2.  All money received by the charter school from this state or from the board of trustees of a school district must be deposited in a bank, credit union or other financial institution in this state. The governing body of a charter school may negotiate with the board of trustees of the school district and the state board for additional money to pay for services which the governing body wishes to offer.

    3.  Upon completion of a school year, the sponsor of a charter school may request reimbursement from the governing body of the charter school for the administrative costs associated with sponsorship for that school year if the sponsor provided administrative services during that school year. Upon receipt of such a request, the governing body shall pay the reimbursement to the board of trustees of the school district, if the board of trustees sponsors the charter school, or to the department if the state board sponsors the charter school. If a governing body fails to pay the reimbursement, the charter school shall be deemed to have violated its written charter and the sponsor may take such action to revoke the written charter pursuant to NRS 386.535 as it deems necessary. The amount of reimbursement that a charter school may be required to pay pursuant to this subsection must not exceed:

    (a) For the first year of operation of the charter school, 2 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124.

    (b) For any year after the first year of operation of the charter school, 1 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124.

    4.  To determine the amount of money for distribution to a charter school in its first year of operation, the count of pupils who are enrolled in the charter school must initially be determined 30 days before the beginning of the school year of the school district, based on the number of pupils whose applications for enrollment have been approved by the charter school. The count of pupils who are enrolled in the charter school must be revised on the last day of the first school month of the school district in which the charter school is located for the school year, based on the actual number of pupils who are enrolled in the charter school. Pursuant to subsection [2] 5of NRS 387.124, the governing body of a charter school may request that the apportionments made to the charter school in its first year of operation be paid to the charter school 30 days before the apportionments are otherwise required to be made.

    [4.] 5.  If a charter school ceases to operate as a charter school during a school year, the remaining apportionments that would have been made to the charter school pursuant to NRS 387.124 for that year must be paid on a proportionate basis to the school districts where the pupils who were enrolled in the charter school reside.

    6.  The governing body of a charter school may solicit and accept donations, money, grants, property, loans, personal services or other assistance for purposes relating to education from members of the general public, corporations or agencies. The governing body may comply with applicable federal laws and regulations governing the provision of federal grants for charter schools.

    [5.]  The state board may assist a charter school that operates exclusively for the enrollment of pupils who receive special education in identifying sources of money that may be available from the Federal Government or this state for the provision of educational programs and services to such pupils.

    7.  If a charter school uses money received from this state to purchase real property, buildings, equipment or facilities, the governing body of the charter school shall assign a security interest in the property, buildings, equipment and facilities to the State of Nevada.

    Sec. 22.  NRS 386.580 is hereby amended to read as follows:

    386.580  1.  An application for enrollment in a charter school may be submitted to the governing body of the charter school by the parent or legal guardian of any child who resides in this state. Except as otherwise provided in this subsection, a charter school shall enroll pupils who are eligible for enrollment in the order in which the applications are received. 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. 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 on the basis of a lottery system.

    2.  Except as otherwise provided in subsection [4,] 6, a charter school shall not accept applications for enrollment in the charter school or otherwise discriminate based on the:

    (a) Race;

    (b) Gender;

    (c) Religion;

    (d) Ethnicity; or

    (e) Disability,

 

 
of a pupil.

    3.  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.

    4.  Except as otherwise provided in this subsection, upon the request of a parent or legal guardian of a child who is enrolled in a public school of a school district or a private school, or who receives instruction at home, the governing body of the charter school shall authorize the child to participate in a class that is not otherwise available to the child at his school or home school or participate in an extracurricular activity at the charter school if:

    (a) Space for the child in the class or extracurricular activity is available; and

    (b) The parent or legal guardian demonstrates to the satisfaction of the governing body that the child is qualified to participate in the class or extracurricular activity.

 

 
If the governing body of a charter school authorizes a child to participate in a class or extracurricular activity pursuant to this subsection, the governing body is not required to provide transportation for the child to attend the class or activity. A charter school shall not authorize such a child to participate in a class or activity through a program of distance education provided by the charter school pursuant to sections 35 to 49, inclusive, of this act.

    5.  The governing body of a charter school may revoke its approval for a child to participate in a class or extracurricular activity at a charter school pursuant to subsection 4 if the governing body determines that the child has failed to comply with applicable statutes, or applicable rules and regulations. If the governing body so revokes its approval, neither the governing body nor the charter school is liable for any damages relating to the denial of services to the child.

    6.  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 an educational program specifically designed to serve a single gender and emphasize 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 on the basis of a lottery system.

    Sec. 23.  NRS 386.590 is hereby amended to read as follows:

    386.590  1.  Except as otherwise provided in this subsection, at least 70 percent of the teachers who provide instruction at a charter school must be licensed teachers. If a charter school is a vocational school, the charter school shall, to the extent practicable, ensure that at least 70 percent of the teachers who provide instruction at the school are licensed teachers, but in no event may more than 50 percent of the teachers who provide instruction at the school be unlicensed teachers.

    2.  A governing body of a charter school shall employ:

    (a) If the charter school offers instruction in kindergarten or grade 1, 2, 3, 4 or 5, a licensed teacher to teach pupils who are enrolled in those grades.

    (b) If the charter school offers instruction in grade 6, 7, 8, 9, 10, 11 or 12, a licensed teacher to teach pupils who are enrolled in those grades for the following courses of study:

        (1) English, including reading, composition and writing;

        (2) Mathematics;

        (3) Science; and

        (4) Social studies, which includes only the subjects of history, geography, economics and government.

    (c) In addition to the requirements of paragraphs (a) and (b):

        (1) If a charter school specializes in arts and humanities, physical education or health education, a licensed teacher to teach those courses of study.

        (2) If a charter school specializes in the construction industry or other building industry, licensed teachers to teach courses of study relating to the industry if those teachers are employed full time.

        (3) If a charter school specializes in the construction industry or other building industry and the school offers courses of study in computer education, technology or business, licensed teachers to teach those courses of study if those teachers are employed full time.

    3.  A charter school may employ a person who is not licensed pursuant to the provisions of chapter 391 of NRS to teach a course of study for which a licensed teacher is not required pursuant to subsection 2 if the person has:

    (a) A degree, a license or a certificate in the field for which he is employed to teach at the charter school; and

    (b) At least 2 years of experience in that field.

    4.  A charter school may employ such administrators for the school as it deems necessary. A person employed as an administrator must possess:

    (a) A master’s degree in school administration, public administration or business administration; or

    (b) If the person has at least 5 years of experience in administration, a baccalaureate degree.

    5.  A charter school shall not employ a person pursuant to this section if his license to teach or provide other educational services has been revoked or suspended in this state or another state.

    6.  On or before November 15 of each year, a charter school shall submit to the department, in a format prescribed by the superintendent of public instruction, the following information for each licensed employee who is employed by the governing body on October 1 of that year:

    (a) The amount of salary of the employee; and

    (b) The designated assignment, as that term is defined by the department, of the employee.

    Sec. 24.  NRS 386.595 is hereby amended to read as follows:

    386.595  1.  All employees of a charter school shall be deemed public employees.

    2.  Except as otherwise provided in this subsection , [and subsections 2 and 3,] theprovisions of the collective bargaining agreement entered into by the board of trustees of the school district in which the charter school is located apply to the terms and conditions of employment of employees of the charter school [. If a written charter is renewed, the employees of the charter school may, at the time of renewal, apply for recognition as a bargaining unit pursuant to NRS 288.160.

    2.  A charter school is exempt from the specific provisions of the collective bargaining agreement that controls the:

    (a) Periods of preparation time for teachers, provided that the charter school allows at least the same amount of time for preparation as the school district;

    (b) Times of day that a teacher may work;

    (c) Number of hours that a teacher may work in 1 day;

    (d) Number of hours and days that a teacher may work in 1 week; and

    (e) Number of hours and days that a teacher may work in 1 year.

 

 
If a teacher works more than the number of hours or days prescribed in the collective bargaining agreement, the teacher must be compensated for the additional hours or days in an amount calculated by prorating the salary for the teacher that is set forth in the collective bargaining agreement.

    3.  A teacher or a governing body of a charter school may request that the board of trustees of the school district and other persons who entered into the collective bargaining agreement grant a waiver from specific provisions of the collective bargaining agreement for the teacher or governing body.

    4.  All employees of a charter school shall be deemed public employees.

    5.  The] who are on a leave of absence from the school district pursuant to subsection 5, including, without limitation, any provisions relating to representation by the employee organization that is a party to the collective bargaining agreement of the school district in a grievance proceeding or other dispute arising out of the agreement. The provisions of the collective bargaining agreement apply to each employee for the first 3 years that he is on a leave of absence from the school district. After the first 3 years that the employee is on a leave of absence:

    (a) If he is subsequently reassigned by the school district pursuant to subsection 5, he is covered by the collective bargaining agreement of the school district.

    (b) If he continues his employment with the charter school, he is covered by the collective bargaining agreement of the charter school, if applicable.

    3.  Except as otherwise provided in subsection 2, the governing body of a charter school may make all employment decisions with regard to its employees pursuant to NRS 391.311 to 391.3197, inclusive, unless [the applicable] a collective bargaining agreement entered into by the governing body pursuant to chapter 288 of NRS contains separate provisions relating to the discipline of licensed employees of a school.

    [6.] 4.  If the written charter of a charter school is revoked,the employees of the charter school must be reassigned to employment within the school district in accordance with the collective bargaining agreement.

    5.  The board of trustees of a school district that is a sponsor of a charter school shall grant a leave of absence, not to exceed 6 years, to any employee who is employed by the board of trustees who requests such a leave of absence to accept employment with the charter school. After the first school year in which an employee is on a leave of absence, he may return to his former teaching position with the board of trustees. After the third school year, an employee who is on a leave of absence may submit a written request to the board of trustees to return to a comparable teaching position with the board of trustees. After the sixth school year, an employee shall either submit a written request to return to a comparable teaching position or resign from the position for which his leave was granted. The board of trustees shall grant a written request to return to a comparable position pursuant to this subsection even if the return of the employee requires the board of trustees to reduce the existing work force of the school district. The board of trustees may require that a request to return to a teaching position submitted pursuant to this subsection be submitted at least 90 days before the employee would otherwise be required to report to duty.

    [8.] 6.  An employee who is on a leave of absence from a school district pursuant to this section shall contribute to and be eligible for all benefits for which he would otherwise be entitled, including, without limitation, participation in the public employees’ retirement system and accrual of time for the purposes of leave and retirement. The time during which such an employee is on leave of absence and employed in a charter school does not count toward the acquisition of permanent status with the school district.

    [9.] 7.  Upon the return of a teacher to employment in the school district, he is entitled to the same level of retirement, salary and any other benefits to which he would otherwise be entitled if he had not taken a leave of absence to teach in a charter school.

    [10.] 8.  An employee of a charter school who is not on a leave of absence from a school district is eligible for all benefits for which he would be eligible for employment in a public school, including, without limitation, participation in the public employees’ retirement system.

    [11.] 9.  For all employees of a charter school:

    (a) The compensation that a teacher or other school employee would have received if he were employed by the school district must be used to determine the appropriate levels of contribution required of the employee and employer for purposes of the public employees’ retirement system.

    (b) The compensation that is paid to a teacher or other school employee that exceeds the compensation that he would have received if he were employed by the school district must not be included for the purposes of calculating future retirement benefits of the employee.

    [12.] 10.  If the board of trustees of a school district in which a charter school is located manages a plan of group insurance for its employees, the governing body of the charter school may negotiate with the board of trustees to participate in the same plan of group insurance that the board of trustees offers to its employees. If the employees of the charter school participate in the plan of group insurance managed by the board of trustees, the governing body of the charter school shall:

    (a) Ensure that the premiums for that insurance are paid to the board of trustees; and

    (b) Provide, upon the request of the board of trustees, all information that is necessary for the board of trustees to provide the group insurance to the employees of the charter school.

    Sec. 25.  NRS 386.605 is hereby amended to read as follows:

    386.605  1.  On or before January 1of each year, the governing body of each charter school shall submit the information concerning the charter school that is required pursuant to subsection 2 of NRS 385.347 to the board of trustees of the school district in which the charter school is located, regardless of the sponsor of the charter school, for inclusion in the report of the school district pursuant to that section. The information must be submitted by the charter school in a format prescribed by the board of trustees.

    2.  On or before April 15 of each year, the governing body of each charter school shall submit the information applicable to the charter school that is contained in the report pursuant to paragraph (t) of subsection 2 of NRS 385.347 to the commission on educational technology created pursuant to NRS 388.790.

    3.  On or before June 15 of each year, the governing body of each charter school shall prepare a:

    (a) Separate written report summarizing the effectiveness of the charter school’s program of accountability. The report must include:

        (1) A review and analysis of the data upon which the report required pursuant to subsection 2 of NRS 385.347 is based and a review and analysis of any data that is more recent than the data upon which the report is based;

        (2) The identification of any problems or factors at the charter school that are revealed by the review and analysis; and

        (3) A summary of the efforts that the governing body has made or intends to make to ensure that the teachers and other educational personnel employed by the governing body receive training and other professional development in:

            (I) The standards of content and performance established by the council to establish academic standards for public schools pursuant to NRS 389.520;

            (II) The assessment and measurement of pupil achievement and the effective methods to analyze the test results and scores of pupils to improve the achievement and proficiency of pupils; and

            (III) Specific content areas to enable the teachers and other educational personnel to provide a higher level of instruction in their respective fields of teaching.

    (b) Written procedure to improve the achievement of pupils who are enrolled in the charter school, including, but not limited to, a description of the efforts the governing body has made to correct any deficiencies identified in the written report required pursuant to paragraph (a).The written procedure must describe sources of data that will be used by the governing body to evaluate the effectiveness of the written procedure.

    4.  On or before June 15 of each year, the governing body of each charter school shall submit copies of the written report and written procedure required pursuant to subsection 3to the:

    (a) Governor;

    (b) State board;

    (c) Department;

    (d) Legislative committee on education created pursuant to NRS 218.5352;

    (e) Legislative bureau of educational accountability and program evaluation created pursuant to NRS 218.5356; and

    (f) Board of trustees of the school district in which the charter school is located.

    5.  The department shall maintain a record of the information that it receives from each charter school pursuant to this section in such a manner as will allow the department to create for each charter school a yearly profile of information.

    6.  The governing body of each charter school shall ensure that a copy of the written report and written procedure required pursuant to subsection 3 is included with the final budget of the charter school adopted by the governing body of the charter school pursuant to the regulations of the department.

    7.  The legislative bureau of educational accountability and program evaluation created pursuant to NRS 218.5356 may authorize a person or entity with whom it contracts pursuant to NRS 385.359 to review and analyze information submitted by charter schools pursuant to this section, consult with the governing bodies of charter schools and submit written reports concerning charter schools pursuant to NRS 385.359.

    Sec. 26.  NRS 386.610 is hereby amended to read as follows:

    386.610  1.  On or before July 1 of each year, if the board of trustees of a school district [that] sponsors a charter school , the board of trustees shall submit a written report to the state board. The written report must include an evaluation of the progress of each charter school sponsored by the board of trustees in achieving its educational goals and objectives.

    2.  The governing body of a charter school shall, after 3 years of operation under its initial charter, submit a written report to the [board of trustees of the school district that is the] sponsor of the charter school. The written report must include a description of the progress of the charter school in achieving its educational goals and objectives. If the charter school submits an application for renewal in accordance with the regulations of the department, the [board of trustees] sponsor may renew the written charter of the school pursuant to subsection 2 of NRS 386.530.

    Sec. 27.  NRS 386.650 is hereby amended to read as follows:

    386.650  1.  The department shall establish and maintain a statewide automated system of information concerning pupils. The system must be designed to improve the ability of the department, school districts and the public schools in this state , including, without limitation, charter schools, to account for the pupils who are enrolled in the public schools[.] , including, without limitation, charter schools.

    2.  The board of trustees of each school district shall:

    (a) Adopt and maintain the program for the collection, maintenance and transfer of data from the records of individual pupils to the statewide automated system of information, including, without limitation, the development of plans for the educational technology which is necessary to adopt and maintain the program;

    (b) Provide to the department electronic data concerning pupils as required by the superintendent of public instruction pursuant to subsection 3; and

    (c) Ensure that an electronic record is maintained in accordance with subsection 3 of NRS 386.655.

    3.  The superintendent of public instruction shall:

    (a) Prescribe the data to be collected and reported to the department by each school district pursuant to subsection 2[;] , including, without limitation, data relating to each charter school located within a school district regardless of the sponsor of the charter school;

    (b) Prescribe the format for the data;

    (c) Prescribe the date by which each school district shall report the data;

    (d) Prescribe the date by which each charter school located within a school district shall report the data to the school district for incorporation into the report of the school district, regardless of the sponsor of the charter school;

    (e) Provide technical assistance to each school district to ensure that the data from each public school in the school district , including, without limitation, each charter school located within the school district, is compatible with the statewide automated system of information and comparable to the data reported by other school districts; and

    [(e)] (f) Provide for the analysis and reporting of the data in the statewide automated system of information.

    Sec. 28.  NRS 386.655 is hereby amended to read as follows:

    386.655  1.  The department, the school districts and the public schools , including, without limitation, charter schools, shall, in operating the statewide automated system of information established pursuant to NRS 386.650, comply with the provisions of:

    (a) For all pupils, the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto; and

    (b) For pupils with disabilities who are enrolled in programs of special education, the provisions governing access to education records and confidentiality of information prescribed in the Individuals with Disabilities Education Act, 20 U.S.C. § 1417(c), and the regulations adopted pursuant thereto.

    2.  Except as otherwise provided in 20 U.S.C. § 1232g(b) and any other applicable federal law, a public school , including, without limitation, a charter school, shall not release the education records of a pupil to a person or an agency of a federal, state or local government without the written consent of the parent or legal guardian of the pupil.

    3.  In addition to the record required pursuant to 20 U.S.C. § 1232g(b)(4)(A), each school district shall maintain within the statewide automated system of information an electronic record of all persons and agencies who have requested the education record of a pupil or obtained access to the education record of a pupil, or both, pursuant to 20 U.S.C. § 1232g. The electronic record must be maintained and may only be disclosed in accordance with the provisions of 20 U.S.C. § 1232g. A charter school shall provide to the school district in which the charter school is located such information as is necessary for the school district to carry out the provisions of this subsection, regardless of the sponsor of the charter school.

    4.  The right accorded to a parent or legal guardian of a pupil pursuant to subsection 2 devolves upon the pupil on the date on which he attains the age of 18 years.

    5.  As used in this section, unless the context otherwise requires, “education records” has the meaning ascribed to it in 20 U.S.C. § 1232g(a)(4).

    Sec. 29.  NRS 387.123 is hereby amended to read as follows:

    387.123  1.  The count of pupils for apportionment purposes includes all pupils who are enrolled in programs of instruction of the school district , including, without limitation, a program of distance education provided by the school district, or pupils who reside in the county in which the school district is located and are enrolled in any charter school , including, without limitation, a program of distance education provided by a charter school, for:

    (a) Pupils in the kindergarten department.

    (b) Pupils in grades 1 to 12, inclusive.

    (c) Pupils not included under paragraph (a) or (b) who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive.

    (d) Pupils who reside in the county and are enrolled part time in a program of distance education if an agreement is filed with the superintendent of public instruction pursuant to section 44 or 45 of this act, as applicable.

    (e) Children detained in detention homes, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570.

    [(e)] (f) Pupils who are enrolled in classes pursuant to subsection 4 of NRS 386.560 [.

    (f)] and pupils who are enrolled in classes pursuant to subsection 4 of NRS 386.580.

    (g) Pupils who are enrolled in classes pursuant to subsection 3 of NRS 392.070.

    [(g)] (h) Pupils who are enrolled in classes and taking courses necessary to receive a high school diploma, excluding those pupils who are included in paragraphs [(e) and (f).] (d), (f) and (g).

    2.  The state board shall establish uniform regulations for counting enrollment and calculating the average daily attendance of pupils. In establishing such regulations for the public schools, the state board:

    (a) Shall divide the school year into 10 school months, each containing 20 or fewer school days.

    (b) May divide the pupils in grades 1 to 12, inclusive, into categories composed respectively of those enrolled in elementary schools and those enrolled in secondary schools.

    (c) Shall prohibit the counting of any pupil specified in subsection 1 more than once.

    3.  Except as otherwise provided in subsection 4 and NRS 388.700, the state board shall establish by regulation the maximum pupil-teacher ratio in each grade, and for each subject matter wherever different subjects are taught in separate classes, for each school district of this state which is consistent with:

    (a) The maintenance of an acceptable standard of instruction;

    (b) The conditions prevailing in the school district with respect to the number and distribution of pupils in each grade; and

    (c) Methods of instruction used, which may include educational television, team teaching or new teaching systems or techniques.

 

 

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If the superintendent of public instruction finds that any school district is maintaining one or more classes whose pupil-teacher ratio exceeds the applicable maximum, and unless he finds that the board of trustees of the school district has made every reasonable effort in good faith to comply with the applicable standard, he shall, with the approval of the state board, reduce the count of pupils for apportionment purposes by the percentage which the number of pupils attending those classes is of the total number of pupils in the district, and the state board may direct him to withhold the quarterly apportionment entirely.

    4.  [A] The provisions of subsection 3 do not apply to a charter school [is not required to comply with the pupil-teacher ratio prescribed by the state board pursuant to subsection 3.] or a program of distance education provided pursuant to sections 35 to 49, inclusive, of this act.

    Sec. 30.  NRS 387.1233 is hereby amended to read as follows:

    387.1233  1.  Except as otherwise provided in subsection 2, basic support of each school district must be computed by:

    (a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:

        (1) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school district for the school year, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school on the last day of the first school month of the school district for the school year.

        (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school district for the school year, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school on the last day of the first school month of the school district for the school year.

        (3) The count of pupils not included under subparagraph (1) or (2) who are enrolled full time in a program of distance education provided by that school district or a charter school located within that school district on the last day of the first school month of the school district for the school year.

        (4) The count of pupils who reside in the county and are enrolled:

            (I) In a public school of the school district and are concurrently enrolled part time in a program of distance education provided by another school district or a charter school on the last day of the first school month of the school district for the school year, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).

            (II) In a charter school and are concurrently enrolled part time in a program of distance education provided by a school district or another charter school on the last day of the first school month of the school district for the school year, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).

        (5) The count of pupils not included under subparagraph (1) , [or] (2), (3) or (4), who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school district for the school year, excluding the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on that day.

        [(4)] (6) Six-tenths the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on the last day of the first school month of the school district for the school year.

        [(5)] (7) The count of children detained in detention homes, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the last day of the first school month of the school district for the school year.

        [(6)] (8) The count of pupils who are enrolled in classes for at least one semester pursuant to subsection 4 of NRS 386.560 , subsection 4 of NRS 386.580 or subsection 3 of NRS 392.070, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).

    (b) Multiplying the number of special education program units maintained and operated by the amount per program established for that school year.

    (c) Adding the amounts computed in paragraphs (a) and (b).

    2.  If the enrollment of pupils in a school district or a charter school that is located within the school district on the last day of the first school month of the school district for the school year is less than the enrollment of pupils in the same school district or charter school on the last day of the first school month of the school district for either or both of the immediately preceding 2 school years, the largest number must be used from among the 3 years for purposes of apportioning money from the state distributive school account to that school district or charter school pursuant to NRS 387.124.

    3.  Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.

    4.  Pupils who are incarcerated in a facility or institution operated by the department of prisons must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the department . [of education.]

    5.  Pupils who are enrolled in courses which are approved by the department as meeting the requirements for an adult to earn a high school diploma must not be counted for the purpose of computing basic support pursuant to this section.

    Sec. 31.  NRS 387.124 is hereby amended to read as follows:

    387.124  Except as otherwise provided in this section and NRS 387.528:

    1.  On or before August 1, November 1, February 1 and May 1 of each year, the superintendent of public instruction shall [, except as otherwise provided in subsections 2 and 3,] apportion the state distributive school account in the state general fund among the several county school districts and charter schools in amounts approximating one-fourth of their respective yearly apportionments less any amount set aside as a reserve. The apportionment to a school district, computed on a yearly basis, equals the difference between the basic support and the local funds available pursuant to NRS 387.1235, minus all the funds attributable to pupils who reside in the county but attend a charter school [.] and all the funds attributable to pupils who reside in the county and are enrolled full time or part time in a program of distance education provided by another school district or a charter school. No apportionment may be made to a school district if the amount of the local funds exceeds the amount of basic support. [The] If an agreement is not filed for a pupil who is enrolled in a program of distance education as required by section 44 of this act, the superintendent of public instruction shall not apportion money for that pupil to the board of trustees of the school district in which the pupil resides, or the board of trustees or governing body that provides the program of distance education.

    2.  Except as otherwise provided in subsection 3, the apportionment to a charter school, computed on a yearly basis, is equal to the sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the pupil resides [.] minus all the funds attributable to pupils who are enrolled in the charter school but are concurrently enrolled part time in a program of distance education provided by a school district or another charter school. If the apportionment per pupil to a charter school is more than the amount to be apportioned to the school district in which a pupil who is enrolled in the charter school resides, the school district in which the pupil resides shall pay the difference directly to the charter school.

    [2.] 3.  Except as otherwise provided in this subsection, the apportionment to a charter school that is sponsored by the state board, computed on a yearly basis, is equal to:

    (a) The sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the pupils resides; or

    (b) The statewide average per pupil amount for pupils who are enrolled full time,

 

 
whichever is greater. If the calculation set forth in paragraph (a) is less than the calculation pursuant to paragraph (b), the school district in which the charter school is located shall pay the difference directly to the charter school. If a charter school provides a program of distance education pursuant to sections 35 to 49, inclusive, of this act, the apportionment to the charter school for pupils who are enrolled in the program of distance education must be calculated as set forth in subsection 2 or 4, as applicable.

    4.  In addition to the apportionments made pursuant to this section, an apportionment must be made to a school district or charter school that provides a program of distance education for each pupil who is enrolled part time in the program if an agreement is filed for that pupil pursuant to section 44 or 45 of this act, as applicable. The amount of the apportionment must be equal to the percentage of the total time services are provided to the pupil through the program of distance education per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 387.1233 for the school district in which the pupil resides.

    5.  The governing body of a charter school may submit a written request to the superintendent of public instruction to receive, in the first year of operation of the charter school, an apportionment 30 days before the apportionment is required to be made pursuant to subsection 1. Upon receipt of such a request, the superintendent of public instruction may make the apportionment 30 days before the apportionment is required to be made. A charter school may receive all four apportionments in advance in its first year of operation.

    [3.] 6.  If the state controller finds that such an action is needed to maintain the balance in the state general fund at a level sufficient to pay the other appropriations from it, he may pay out the apportionments monthly, each approximately one-twelfth of the yearly apportionment less any amount set aside as a reserve. If such action is needed, the state controller shall submit a report to the department of administration and the fiscal analysis division of the legislative counsel bureau documenting reasons for the action.

    Sec. 32.  NRS 387.1243 is hereby amended to read as follows:

    387.1243  1.  The first apportionment based on an estimated number of pupils and special education program units and succeeding apportionments are subject to adjustment from time to time as the need therefor may appear.

    2.  The apportionments to a school district may be adjusted during a fiscal year by the department of education, upon approval by the state board of examiners and the interim finance committee, if the department of taxation and the county assessor in the county in which the school district is located certify to the department of education that the school district will not receive the tax levied pursuant to subsection 1 of NRS 387.195 on property of the Federal Government located within the county if:

    (a) The leasehold interest, possessory interest, beneficial interest or beneficial use of the property is subject to taxation pursuant to NRS 361.157 and 361.159 and one or more lessees or users of the property are delinquent in paying the tax; and

    (b) The total amount of tax owed but not paid for the fiscal year by any such lessees and users is at least 5 percent of the proceeds that the school district would have received from the tax levied pursuant to subsection 1 of NRS 387.195.

 

 
If a lessee or user pays the tax owed after the school district’s apportionment has been increased in accordance with the provisions of this subsection to compensate for the tax owed, the school district shall repay to the state distributive school account in the state general fund an amount equal to the tax received from the lessee or user for the year in which the school district received an increased apportionment, not to exceed the increase in apportionments made to the school district pursuant to this subsection.

    3.  On or before August 1 of each year, the board of trustees of a school district shall provide to the department, in a format prescribed by the department, the count of pupils calculated pursuant to subparagraph [(6)] (8) of paragraph (a) of subsection 1 of NRS 387.1233 who completed at least one semester during the immediately preceding school year. The count of pupils submitted to the department must be included in the final adjustment computed pursuant to subsection 4.

    4.  A final adjustment for each school district and charter school must be computed as soon as practicable following the close of the school year, but not later than August 25. The final computation must be based upon the actual counts of pupils required to be made for the computation of basic support and the limits upon the support of special education programs, except that for any year when the total enrollment of pupils and children in a school district or a charter school located within the school district described in paragraphs (a), (b), (c) and [(d)] (e) of subsection 1 of NRS 387.123 is greater on the last day of any school month of the school district after the second school month of the school district and the increase in enrollment shows at least:

    (a) A 3-percent gain, basic support as computed from first month enrollment for the school district or charter school must be increased by 2 percent.

    (b) A 6-percent gain, basic support as computed from first month enrollment for the school district or charter school must be increased by an additional 2 percent.

    5.  If the final computation of apportionment for any school district or charter school exceeds the actual amount paid to the school district or charter school during the school year, the additional amount due must be paid before September 1. If the final computation of apportionment for any school district or charter school is less than the actual amount paid to the school district or charter school during the school year, the difference must be repaid to the state distributive school account in the state general fund by the school district or charter school before September 25.

    Sec. 33.  NRS 387.185 is hereby amended to read as follows:

    387.185  1.  Except as otherwise provided in subsection 2 and NRS 387.528, all school money due each county school district must be paid over by the state treasurer to the county treasurer on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the county treasurer may apply for it, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124.

    2.  Except as otherwise provided in NRS 387.528, if the board of trustees of a school district establishes and administers a separate account pursuant to the provisions of NRS 354.603, all school money due that school district must be paid over by the state treasurer to the school district on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the school district may apply for it, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124.

    3.  No county school district may receive any portion of the public school money unless that school district has complied with the provisions of this Title and regulations adopted pursuant thereto.

    4.  Except as otherwise provided in this subsection, all school money due each charter school must be paid over by the state treasurer to the governing body of the charter school on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the governing body may apply for it, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124. If the superintendent of public instruction has approved, pursuant to subsection [2] 5of NRS 387.124, a request for payment of an apportionment 30 days before the apportionment is otherwise required to be made, the money due to the charter school must be paid by the state treasurer to the governing body of the charter school on July 1, October 1, January 1 or April 1, as applicable.

    Sec. 34.  Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 35 to 49, inclusive, of this act.

    Sec. 35.  As used in sections 35 to 49, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 36, 37 and 38 of this act have the meanings ascribed to them in those sections.

    Sec. 36.  “Course of distance education” means a course of study that uses distance education as its primary mechanism for delivery of instruction.

    Sec. 37.  “Distance education” means instruction which is delivered by means of video, computer, television, correspondence, or the Internet or other electronic means of communication, or any combination thereof, in such a manner that the person supervising or providing the instruction and the pupil receiving the instruction are separated geographically for a majority of the time during which the instruction is delivered.

    Sec. 38.  “Program of distance education” means a program comprised of one or more courses of distance education that is designed for pupils who:

    1.  Are participating in a program for pupils who are at risk of dropping out of high school pursuant to NRS 388.537.

    2.  Are participating in a program of independent study pursuant to NRS 389.155.

    3.  Are enrolled in a public school that does not offer advanced or specialized courses.

    4.  Have a physical or mental condition that would otherwise require an excuse from compulsory attendance pursuant to NRS 392.050.

    5.  Are excused from compulsory attendance pursuant to NRS 392.070 and are authorized to enroll in a program of distance education pursuant to that section.

    6.  Would otherwise be excused from compulsory attendance pursuant to NRS 392.080.

    7.  Are otherwise prohibited from attending public school pursuant to NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467 or 392.4675.

    8.  Are otherwise permitted to enroll in a program of distance education provided by the board of trustees of a school district if the board of trustees determines that special circumstances warrant enrollment for the pupil.

    9.  Are otherwise permitted to enroll in a program of distance education provided by the governing body of a charter school if the governing body of the charter school determines that special circumstances warrant enrollment for the pupil.

    Sec. 39.  1.  The department shall prepare and publish a list of courses of distance education that satisfy the requirements of sections 35 to 49, inclusive, of this act, and all other applicable statutes and regulations. If an application to provide a program of distance education is approved pursuant to section 40 of this act, the department shall automatically include on the list each course of study included within that program if the course of study had not been approved pursuant to this section before submission of the application to provide the program.

    2.  A person or entity that has developed a course of distance education, including, without limitation, a vendor of a course of distance education, the University and Community College System of Nevada or other postsecondary educational institution, a board of trustees of a school district or a governing body of a charter school, may submit an application for inclusion of the course on the list prepared by the department. The department shall approve an application if the application satisfies the requirements of sections 35 to 49, inclusive, of this act and all other applicable statutes and regulations. The department shall provide written notice to the applicant of its approval or denial of the application.

    3.  If the department denies an application, the department shall include in the written notice the reasons for the denial and the deficiencies of the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application. The department shall approve an application that has been resubmitted pursuant to this subsection if the application satisfies the requirements of sections 35 to 49, inclusive, of this act and all other applicable statutes and regulations.

    Sec. 40.  1.  The board of trustees of a school district or the governing body of a charter school may submit an application to the department to provide a program of distance education.

    2.  An applicant to provide a program of distance education may seek approval to provide a program that is comprised of one or more courses of distance education included on the list of courses approved by the department pursuant to section 39 of this act or a program that is comprised of one or more courses of distance education which have not been reviewed by the department before submission of the application.

    3.  An application to provide a program of distance education must include:

    (a) All the information prescribed by the state board by regulation.

    (b) Except as otherwise provided in this paragraph, proof satisfactory to the department that the program satisfies all applicable statutes and regulations. The proof required by this paragraph shall be deemed satisfied if the program is comprised only of courses of distance education approved by the department pursuant to section 39 of this act before submission of the application.

    4.  The department shall approve an application submitted pursuant to this section if the application satisfies the requirements of sections 35 to 49, inclusive, of this act and all other applicable statutes and regulations. The department shall provide written notice to the applicant of the department’s approval or denial of the application.

    5.  If the department denies an application, the department shall include in the written notice the reasons for the denial and the deficiencies of the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application. The department shall approve an application that has been resubmitted pursuant to this subsection if the application satisfies the requirements of sections 35 to 49, inclusive, of this act and all other applicable statutes and regulations.

    Sec. 41.  1.  A program of distance education may include, without limitation, an opportunity for pupils to participate in the program:

    (a) For a shorter school day or a longer school day than that regularly provided for in the school district or charter school, as applicable; and

    (b) During any part of the calendar year.

    2.  If a program of distance education is provided for pupils on a full-time basis, the program must include at least as many hours or minutes of instruction as would be provided under a program consisting of 180 days.

    Sec. 42.  1.  The board of trustees of a school district or the governing body of a charter school that provides a program of distance education shall ensure that, for each course offered through the program, a teacher:

    (a) Provides the work assignments to each pupil enrolled in the course that are necessary for the pupil to complete the course; and

    (b) Meets or otherwise communicates with the pupil at least once each week during the course to discuss the pupil’s progress.

    2.  If a course offered through a program of distance education is a core academic subject, as defined in NRS 389.018, the teacher who fulfills the requirements of subsection 1 must be a licensed teacher.

    Sec. 43.  1.  A pupil may enroll in a program of distance education only if the pupil satisfies the requirements of any other applicable statute and the pupil:

    (a) Is participating in a program for pupils at risk of dropping out of high school pursuant to NRS 388.537;

    (b) Is participating in a program of independent study pursuant to NRS 389.155;

    (c) Is enrolled in a public school that does not offer certain advanced or specialized courses that the pupil desires to attend;

    (d) Has a physical or mental condition that would otherwise require an excuse from compulsory attendance pursuant to NRS 392.050;

    (e) Is excused from compulsory attendance pursuant to NRS 392.070 and is authorized to enroll in a program of distance education pursuant to that section;

    (f) Would otherwise be excused from compulsory attendance pursuant to NRS 392.080;

    (g) Is otherwise prohibited from attending public school pursuant to NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467 or 392.4675;

    (h) Is otherwise permitted to enroll in a program of distance education provided by the board of trustees of a school district if the board of trustees determines that the circumstances warrant enrollment for the pupil; or

    (i) Is otherwise permitted to enroll in a program of distance education provided by the governing body of a charter school if the governing body of the charter school determines that the circumstances warrant enrollment for the pupil.

    2.  In addition to the eligibility for enrollment set forth in subsection 1, a pupil must satisfy the qualifications and conditions for enrollment in a program of distance education adopted by the state board pursuant to section 49 of this act.

    3.  A child who is exempt from compulsory attendance and receiving equivalent instruction authorized by the state board pursuant to subsection 1 of NRS 392.070 is not eligible to enroll in or otherwise attend a program of distance education, regardless of whether he is otherwise eligible for enrollment pursuant to subsection 1. 

    4.  If a pupil who is prohibited from attending public school pursuant to NRS 392.264 enrolls in a program of distance education, the enrollment and attendance of that pupil must comply with all requirements of NRS 62.405 to 62.485, inclusive, and 392.251 to 392.271, inclusive.

    5.  If a pupil is eligible for enrollment in a program of distance education pursuant to paragraph (c) of subsection 1, he may enroll in the program of distance education only to take those advanced or specialized courses that are not offered at the public school he otherwise attends.

    Sec. 44.  1.  Except as otherwise provided in this subsection, before a pupil may enroll full time or part time in a program of distance education that is provided by a school district other than the school district in which the pupil resides, the pupil must obtain the written permission of the board of trustees of the school district in which the pupil resides. Before a pupil who is enrolled in a public school of a school district may enroll part time in a program of distance education that is provided by a charter school, the pupil must obtain the written permission of the board of trustees of the school district in which the pupil resides. A pupil who enrolls full time in a program of distance education that is provided by a charter school is not required to obtain the approval of the board of trustees of the school district in which the pupil resides.

    2.  If the board of trustees of a school district grants permission pursuant to subsection 1, the board of trustees shall enter into a written agreement with the board of trustees or governing body, as applicable, that provides the program of distance education. A separate agreement must be prepared for each year that a pupil enrolls in a program of distance education. The written agreement must:

    (a) Contain a statement prepared by the board of trustees of the school district in which the pupil resides indicating that the board of trustees understands that the superintendent of public instruction will make appropriate adjustments in the apportionments to the school district pursuant to NRS 387.124 to account for the pupil’s enrollment in the program of distance education;

    (b) If the pupil plans to enroll part time in the program of distance education, contain a statement prepared by the board of trustees of the school district in which the pupil resides and the board of trustees or governing body that provides the program of distance education setting forth the percentage of the total time services will be provided to the pupil through the program of distance education per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 387.1233 for the school district in which the pupil resides;

    (c) Be signed by the board of trustees of the school district in which the pupil resides and the board of trustees or governing body that provides the program of distance education; and

    (d) Include any other information required by the state board by regulation.

    3.  On or before September 1 of each year or January 1 of each year, as applicable for the semester of enrollment, a written agreement must be filed with the superintendent of public instruction for each pupil who is enrolled full time in a program of distance education provided by a school district other than the school district in which the pupil resides. On or before September 1 or January 1 of each year, as applicable for the semester of enrollment, a written agreement must be filed with the superintendent of public instruction for each pupil who is enrolled in a public school of the school district and who is enrolled part time in a program of distance education provided by a charter school. If an agreement is not filed for a pupil who is enrolled in a program of distance education as required by this section, the superintendent of public instruction shall not apportion money for that pupil to the board of trustees of the school district in which the pupil resides, or the board of trustees or governing body that provides the program of distance education.

    Sec. 45.  1.  If a pupil is enrolled in a charter school, he may enroll full time in a program of distance education only if the charter school in which he is enrolled provides the program of distance education.

    2.  Before a pupil who is enrolled in a charter school may enroll part time in a program of distance education that is provided by a school district or another charter school, the pupil must obtain the written permission of the governing body of the charter school in which the pupil is enrolled.

    3.  If the governing body of a charter school grants permission pursuant to subsection 2, the governing body shall enter into a written agreement with the board of trustees or governing body, as applicable, that provides the program of distance education. A separate agreement must be prepared for each year that a pupil enrolls in a program of distance education. The written agreement must:

    (a) Contain a statement prepared by the governing body of the charter school in which the pupil is enrolled indicating that the governing body understands that the superintendent of public instruction will make appropriate adjustments in the apportionments to the charter school pursuant to NRS 387.124 to account for the pupil’s enrollment in the program of distance education;

    (b) Contain a statement prepared by the governing body of the charter school in which the pupil is enrolled and the board of trustees or governing body that provides the program of distance education setting forth the percentage of the total time services will be provided to the pupil through the program of distance education per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 387.1233 for the school district in which the pupil resides;

    (c) Be signed by the governing body of the charter school in which the pupil is enrolled and the board of trustees or governing body that provides the program of distance education; and

    (d) Include any other information required by the state board by regulation.

    4.  On or before September 1 or January 1 of each year, as applicable for the semester of enrollment, a written agreement must be filed with the superintendent of public instruction for each pupil who is enrolled in a charter school and who is enrolled part time in a program of distance education provided by a school district or another charter school. If an agreement is not filed for such a pupil, the superintendent of public instruction shall not apportion money for that pupil to the governing body of the charter school in which the pupil is enrolled, or the board of trustees or governing body that provides the program of distance education.

    Sec. 46.  1.  If a pupil is enrolled full time in a program of distance education provided by the board of trustees of a school district, the board of trustees that provides the program shall declare for each such pupil one public school within that school district to which the pupil is affiliated. The board of trustees may declare that all the pupils enrolled in the program of distance education are affiliated with one public school within the school district, or it may declare individual public schools for the pupils enrolled in the program. Upon the declared affiliation, the pupil shall be deemed enrolled in that public school for purposes of all the applicable requirements, statutes, regulations, rules and policies of that public school and school district, including, without limitation:

    (a) Graduation requirements;

    (b) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive;

    (c) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and

    (d) Discipline of pupils.

    2.  A pupil who is enrolled full time in a program of distance education provided by a charter school shall be deemed enrolled in the charter school. All the applicable requirements, including, without limitation, statutes, regulations, rules and policies of that charter school apply to such a pupil, including, without limitation:

    (a) Graduation requirements;

    (b) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive;

    (c) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and

    (d) Discipline of pupils.

    3.  If a pupil is enrolled part time in a program of distance education, all the applicable requirements, statutes, regulations, rules and policies of the public school of the school district in which the pupil is otherwise enrolled or the charter school in which the pupil is otherwise enrolled apply to such a pupil, including, without limitation:

    (a) Graduation requirements;

    (b) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive;

    (c) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and

    (d) Discipline of pupils.

    Sec. 47.  1.  If the board of trustees of a school district provides a program of distance education, the board of trustees shall ensure that the persons who operate the program on a day-to-day basis comply with and carry out all applicable requirements, statutes, regulations, rules and policies of the school district, including, without limitation:

    (a) Graduation requirements;

    (b) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive;

    (c) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and

    (d) Discipline of pupils.

    2.  If the governing body of a charter school provides a program of distance education, the governing body shall:

    (a) For each pupil who is enrolled in the program, provide written notice to the board of trustees of the school district in which the pupil resides of the type of educational services that will

be provided to the pupil through the program. The written notice must be provided to the board of trustees before the pupil receives educational services through the program of distance education.

    (b) Ensure that the persons who operate the program on a day-to-day basis comply with and carry out all applicable requirements, statutes, regulations, rules and policies of the charter school, including, without limitation:

        (1) Graduation requirements;

        (2) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive;

        (3) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and

        (4) Discipline of pupils.

    Sec. 48.  On or before November 1 of each year, the board of trustees of a school district or the governing body of a charter school that provides a program of distance education shall submit to the department and to the legislative bureau of educational accountability and program evaluation a written report that contains a summary of the program for the immediately preceding school year which includes, without limitation:

    1.  A description of the manner in which the program was carried out;

    2.  The expenditures made for the program;

    3.  The number of pupils who were enrolled full time in the program and the number of pupils who were enrolled part time in the program;

    4.  If available, a description of the reasons why pupils enrolled in the program;

    5.  The number of pupils who dropped out of the program, if any;

    6.  A description of any disciplinary measures taken against pupils who were enrolled in the program; and

    7.  An analysis of the academic achievement and performance of the pupils who were enrolled in the program before and after the pupils participated in the program.

    Sec. 49.  1.  The state board shall adopt regulations that prescribe:

    (a) The process for submission of an application by a person or entity for inclusion of a course of distance education on the list prepared by the department pursuant to section 39 of this act and the contents of the application;

    (b) The process for submission of an application by the board of trustees of a school district or the governing body of a charter school to provide a program of distance education and the contents of the application;

    (c) The qualifications and conditions for enrollment that a pupil must satisfy to enroll in a program of distance education, consistent with section 43 of this act;

    (d) A method for reporting to the department the number of pupils who are enrolled in a program of distance education and the attendance of those pupils;

    (e) The requirements for assessing the achievement of pupils who are enrolled in a program of distance education, which must include, without limitation, the administration of the achievement and proficiency examinations required pursuant to NRS 389.015 and 389.550; and

    (f) A written description of the process pursuant to which the state board may revoke its approval for the operation of a program of distance education.

    2.  The state board may adopt regulations as it determines are necessary to carry out the provisions of sections 35 to 49, inclusive, of this act.

    Sec. 50.  NRS 388.090 is hereby amended to read as follows:

    388.090  1.  Except as otherwise permitted pursuant to this section, boards of trustees of school districts shall schedule and provide a minimum of 180 days of free school in the districts under their charge.

    2.  The superintendent of public instruction may, upon application by a board of trustees, authorize a reduction of not more than 15 school days in a particular district to establish or maintain a 12-month school program or a program involving alternative scheduling, if the board of trustees demonstrates that the proposed schedule for the program provides for a greater number of minutes of instruction than would be provided under a program consisting of 180 school days. Before authorizing a reduction in the number of required school days pursuant to this subsection, the superintendent of public instruction must find that the proposed schedule will be used to alleviate problems associated with a growth in enrollment or overcrowding, or to establish and maintain a program of alternative schooling[.] , including, without limitation, a program of distance education provided by the board of trustees pursuant to sections 35 to 49, inclusive, of this act.

    3.  The superintendent of public instruction may, upon application by a board of trustees, authorize the addition of minutes of instruction to any scheduled day of free school if days of free school are lost because of any interscholastic activity. Not more than 5 days of free school so lost may be rescheduled in this manner.

    4.  Each school district shall schedule at least 3 contingent days of school in addition to the number of days required by this section, which must be used if a natural disaster, inclement weather or an accident necessitates the closing of a majority of the facilities within the district.

    5.  If more than 3 days of free school are lost because a natural disaster, inclement weather or an accident necessitates the closing of a majority of the facilities within a school district, the superintendent of public instruction, upon application by the school district, may permit the additional days lost to be counted as school days in session. The application must be submitted in the manner prescribed by the superintendent of public instruction.

    6.  The state board [of education] shall adopt regulations providing procedures for changing schedules of instruction to be used if a natural disaster, inclement weather or an accident necessitates the closing of a particular school within a school district.

    Sec. 51.  NRS 388.537 is hereby amended to read as follows:

    388.537  1.  The board of trustees of a school district may, subject to the approval of the state board, operate an alternative program for the education of pupils at risk of dropping out of high school, including pupils who:

    (a) Because of extenuating circumstances, such as their being pregnant, parents, chronically ill or self-supporting, are not able to attend the classes of instruction regularly provided in high school;

    (b) Are deficient in the amount of academic credit necessary to graduate with pupils their same age;

    (c) Are chronically absent from high school; or

    (d) Require instruction on a more personal basis than that regularly provided in high school.

    2.  An alternative program may include:

    (a) A shorter school day, and an opportunity for pupils to attend a longer school day, than that regularly provided in high school.

    (b) An opportunity for pupils to attend classes of instruction during any part of the calendar year.

    (c) A comprehensive curriculum that includes elective classes of instruction and occupational education.

    (d) An opportunity for pupils to obtain academic credit through experience gained at work or while engaged in other activities.

    (e) An opportunity for pupils to satisfy either:

        (1) The requirements for a regular high school diploma; or

        (2) The requirements for a high school diploma for adults.

    (f) The provision of child care for the children of pupils.

    (g) The transportation of pupils to and from classes of instruction.

    (h) The temporary placement of pupils for independent study, if there are extenuating circumstances which prevent those pupils from attending the alternative program on a daily basis.

    3.  The board of trustees of a school district may operate an alternative program pursuant to this section through a program of distance education pursuant to sections 35 to 49, inclusive, of this act.

    Sec. 52.  NRS 388.700 is hereby amended to read as follows:

    388.700  1.  Except as otherwise provided in subsections 2, 3 and 6, after the last day of the first month of the school year, the ratio in each school district of pupils per class in kindergarten and grades 1, 2 and 3 per licensed teacher designated to teach those classes full time must not exceed 15 to 1 in classes where core curriculum is taught. In determining this ratio, all licensed educational personnel who teach kindergarten or grade 1, 2 or 3 must be counted except teachers of art, music, physical education or special education, counselors, librarians, administrators, deans and specialists.

    2.  A school district may, within the limits of any plan adopted pursuant to NRS 388.720, assign a pupil whose enrollment in a grade occurs after the last day of the first month of the school year to any existing class regardless of the number of pupils in the class.

    3.  The state board may grant to a school district a variance from the limitation on the number of pupils per class set forth in subsection 1 for good cause, including the lack of available financial support specifically set aside for the reduction of pupil-teacher ratios.

    4.  The state board shall, on or before February 1 of each odd-numbered year, report to the legislature on:

    (a) Each variance granted by it during the preceding biennium, including the specific justification for the variance.

    (b) The data reported to it by the various school districts pursuant to subsection 2 of NRS 388.710, including an explanation of that data, and the current pupil-teacher ratios per class in kindergarten and grades 1, 2 and 3.

    5.  The department shall, on or before November 15 of each year, report to the chief of the budget division of the department of administration and the fiscal analysis division of the legislative counsel bureau:

    (a) The number of teachers employed;

    (b) The number of teachers employed in order to attain the ratio required by subsection 1;

    (c) The number of pupils enrolled; and

    (d) The number of teachers assigned to teach in the same classroom with another teacher or in any other arrangement other than one teacher assigned to one classroom of pupils,

 

 
during the current school year in kindergarten and grades 1, 2 and 3 for each school district.

    6.  The provisions of this section do not apply to a charter school[.] or to a program of distance education provided pursuant to sections 35 to 49, inclusive, of this act.

    Sec. 53.  NRS 389.017 is hereby amended to read as follows:

    389.017  1.  The state board shall [prescribe] adopt regulations requiring that each board of trustees of a school district and each governing body of a charter school submit to the superintendent of public instruction and the department, in the form and manner prescribed by the superintendent, the results of achievement and proficiency examinations given in the 4th, 8th, 10th and 11th grades to public school pupils of the district and charter schools. The state board shall not include in the regulations any provision which would violate the confidentiality of the test scores of any individual pupil.

    2.  The results of examinations must be reported for each school, including, without limitation, each charter school, school district and this state , as follows:

    (a) The average score, as defined by the department, of pupils who took the examinations under regular testing conditions; and

    (b) The average score, as defined by the department, of pupils who took the examinations with modifications or accommodations approved by the private entity that created the examination or, if the department created the examination, the department, if such reporting does not violate the confidentiality of the test scores of any individual pupil.

    3.  The department shall adopt regulations prescribing the requirements for reporting the scores of pupils who:

    (a) Took the examinations under conditions that were not approved by the private entity that created the examination or, if the department created the examination, by the department;

    (b) Are enrolled in special schools for children with disabilities;

    (c) Are enrolled in an alternative program for the education of pupils at risk of dropping out of high school[;] , including, without limitation, a program of distance education that is provided to pupils who are at risk of dropping out of high school pursuant to sections 35 to 49, inclusive, of this act; or

    (d) Are detained in a:

        (1) Youth training center;

        (2) Youth center;

        (3) Juvenile forestry camp;

        (4) Detention home;

        (5) Youth camp;

        (6) Juvenile correctional institution; or

        (7) Correctional institution.

 

 
The scores reported pursuant to this subsection must not be included in the average scores reported pursuant to subsection 2.

    4.  Not later than 10 days after the department receives the results of the achievement and proficiency examinations, the department shall transmit a copy of the results of the examinations administered pursuant to NRS 389.015 to the legislative bureau of educational accountability and program evaluation in a manner that does not violate the confidentiality of the test scores of any individual pupil.

    5.  On or before November 15 of each year, each school district and each charter school shall report to the department the following information for each examination administered in the public schools in the school district or charter school:

    (a) The examination administered;

    (b) The grade level or levels of pupils to whom the examination was administered;

    (c) The costs incurred by the school district or charter school in administering each examination; and

    (d) The purpose, if any, for which the results of the examination are used by the school district or charter school.

 

 
On or before December 15 of each year, the department shall transmit to the budget division of the department of administration and the fiscal analysis division of the legislative counsel bureau the information submitted to the department pursuant to this subsection.

    6.  The superintendent of schools of each school district and the governing body of each charter school shall certify that the number of pupils who took the examinations required pursuant to NRS 389.015 is equal to the number of pupils who are enrolled in each school in the school district or in the charter school who are required to take the examinations except for those pupils who are exempt from taking the examinations. A pupil may be exempt from taking the examinations if:

    (a) His primary language is not English and his proficiency in the English language is below the level that the state board determines is proficient, as measured by an assessment of proficiency in the English language prescribed by the state board pursuant to subsection 8; or

    (b) He is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, and his program of special education specifies that he is exempt from taking the examinations.

    7.  In addition to the information required by subsection 5, the superintendent of public instruction shall:

    (a) Report the number of pupils who were not exempt from taking the examinations but were absent from school on the day that the examinations were administered; and

    (b) Reconcile the number of pupils who were required to take the examinations with the number of pupils who were exempt from taking the examinations or absent from school on the day that the examinations were administered.

    8.  The state board shall prescribe an assessment of proficiency in the English language for pupils whose primary language is not English to determine which pupils are exempt from the examinations pursuant to paragraph (a) of subsection 6.

    Sec. 54.  NRS 389.155 is hereby amended to read as follows:

    389.155  1.  The state board shall, by regulation, establish a program pursuant to which a pupil enrolled full time in high school may complete any required or elective course by independent study outside of the normal classroom setting. A program of independent study provided pursuant to this section may be offered through a program of distance education pursuant to sections 35 to 49, inclusive, of this act.

    2.  The regulations must require that:

    (a) The teacher of the course assign to the pupil the work assignments necessary to complete the course; and

    (b) The pupil and teacher meet or otherwise communicate with each other at least once each week during the course to discuss the pupil’s progress.

    3.  The board of trustees in each school district may, in accordance with the regulations adopted pursuant to subsections 1 and 2, provide for independent study by pupils enrolled full time in high schools in its district. A board of trustees that chooses to allow such study may provide that:

    (a) The pupils participating in the independent study be given instruction individually or in a group.

    (b) The independent study be offered during the regular school day.

    Sec. 55.  NRS 389.560 is hereby amended to read as follows:

    389.560  1.  The state board shall adopt regulations that require the board of trustees of each school district and the governing body of each charter school to submit to the superintendent of public instruction, the department and the council, in the form and manner prescribed by the superintendent, the results of the examinations administered pursuant to NRS 389.550. The state board shall not include in the regulations any provision that would violate the confidentiality of the test scores of an individual pupil.

    2.  The results of the examinations must be reported for each school, including, without limitation, each charter school, school district and this state, as follows:

    (a) The percentage of pupils who have demonstrated proficiency, as defined by the department, and took the examinations under regular testing conditions; and

    (b) The percentage of pupils who have demonstrated proficiency, as defined by the department, and took the examinations with modifications or accommodations approved by the private entity that created the examination or, if the department created the examination, the department, if such reporting does not violate the confidentiality of the test scores of any individual pupil.

    3.  The department shall adopt regulations prescribing the requirements for reporting the results of pupils who:

    (a) Took the examinations under conditions that were not approved by the private entity that created the examination or, if the department created the examination, by the department;

    (b) Are enrolled in special schools for children with disabilities;

    (c) Are enrolled in an alternative program for the education of pupils at risk of dropping out of high school[;] , including, without limitation, a program of distance education that is provided to pupils who are at risk of dropping out of high school pursuant to sections 35 to 49, inclusive, of this act; or

    (d) Are detained in a:

        (1) Youth training center;

        (2) Youth center;

        (3) Juvenile forestry camp;

        (4) Detention home;

        (5) Youth camp;

        (6) Juvenile correctional institution; or

        (7) Correctional institution.

 

 
The results reported pursuant to this subsection must not be included in the percentage of pupils reported pursuant to subsection 2.

    4.  Not later than 10 days after the department receives the results of the examinations, the department shall transmit a copy of the results to the legislative bureau of educational accountability and program evaluation in a manner that does not violate the confidentiality of the test scores of any individual pupil.

    5.  On or before November 15 of each year, each school district and each charter school shall report to the department the following information for each examination administered in the public schools in the school district or charter school:

    (a) The examination administered;

    (b) The grade level or levels of pupils to whom the examination was administered;

    (c) The costs incurred by the school district or charter school in administering each examination; and

    (d) The purpose, if any, for which the results of the examination are used by the school district or charter school.

 

 
On or before December 15 of each year, the department shall transmit to the budget division of the department of administration and the fiscal analysis division of the legislative counsel bureau the information submitted to the department pursuant to this subsection.

    6.  The superintendent of schools of each school district and the governing body of each charter school shall certify that the number of pupils who took the examinations is equal to the number of pupils who are enrolled in each school in the school district or in the charter school who are required to take the examinations, except for those pupils who are exempt from taking the examinations. A pupil may be exempt from taking the examinations if:

    (a) His primary language is not English and his proficiency in the English language is below the level that the state board determines is proficient, as measured by an assessment of proficiency in the English language prescribed by the state board pursuant to subsection 8; or

    (b) He is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, and his program of special education specifies that he is exempt from taking the examinations.

    7.  In addition to the information required by subsection 5, the superintendent of public instruction shall:

    (a) Report the number of pupils who were not exempt from taking the examinations but were absent from school on the day that the examinations were administered; and

    (b) Reconcile the number of pupils who were required to take the examinations with the number of pupils who were exempt from taking the examinations or absent from school on the day that the examinations were administered.

    8.  The state board shall prescribe an assessment of proficiency in the English language for pupils whose primary language is not English to determine which pupils are exempt from the examinations pursuant to paragraph (a) of subsection 6.

    Sec. 56.  NRS 391.170 is hereby amended to read as follows:

    391.170  1.  Except as otherwise provided in subsection 2, a teacher or other employee for whom a license is required is not entitled to receive any portion of public money for schools as compensation for services rendered unless:

    (a) He is legally employed by the board of trustees of the school district or the governing body of the charter school in which he is teaching or performing other educational functions.

    (b) He has a license authorizing him to teach or perform other educational functions at the level and in the field for which he is employed, issued in accordance with law and in full force at the time the services are rendered.

    2.  The provisions of subsection 1 do not prohibit the payment of public money to teachers or other employees who are employed by a charter school for whom a license is not required pursuant to the provisions of NRS 386.590 . [and 386.595.]

    Sec. 57.  NRS 391.31965 is hereby amended to read as follows:

    391.31965  Except as otherwise provided in this section, if a postprobationary employee of a school district or charter school in this state:

    1.  Voluntarily leaves his employment; and

    2.  Is, within 5 years after the date on which he left that employment, employed by any school district or charter school in this state in a position that is comparable to the position in which he attained his postprobationary status,

 

 
he must be allowed to continue as a postprobationary employee and must not be required to serve the probationary period required by subsection 1 of NRS 391.3197. This section does not apply to a postprobationary employee who voluntarily leaves his employment during the pendency of a proceeding for the suspension, demotion, dismissal or refusal to reemploy the postprobationary employee.

    Sec. 58.  NRS 392.010 is hereby amended to read as follows:

    392.010  Except as to the attendance of a pupil pursuant to NRS 392.015 or sections 35 to 49, inclusive, of this act, or a pupil who is ineligible for attendance pursuant to NRS 392.4675 and except as otherwise provided in NRS 392.264 and 392.268:

    1.  The board of trustees of any school district may, with the approval of the superintendent of public instruction:

    (a) Admit to the school or schools of the school district any pupil or pupils living in an adjoining school district within this state or in an adjoining state when the school district of residence in the adjoining state adjoins the receiving Nevada school district; or

    (b) Pay tuition for pupils residing in the school district but who attend school in an adjoining school district within this state or in an adjoining state when the receiving district in the adjoining state adjoins the school district of Nevada residence.

    2.  With the approval of the superintendent of public instruction, the board of trustees of the school district in which the pupil or pupils reside and the board of trustees of the school district in which the pupil or pupils attend school shall enter into an agreement providing for the payment of such tuition as may be agreed upon, but transportation costs must be paid by the board of trustees of the school district in which the pupil or pupils reside:

    (a) If any are incurred in transporting a pupil or pupils to an adjoining school district within the state; and

    (b) If any are incurred in transporting a pupil or pupils to an adjoining state, as provided by the agreement.

    3.  In addition to the provisions for the payment of tuition and transportation costs for pupils admitted to an adjoining school district as provided in subsection 2, the agreement may contain provisions for the payment of reasonable amounts of money to defray the cost of operation, maintenance and depreciation of capital improvements which can be allocated to such pupils.

    Sec. 59.  NRS 392.035 is hereby amended to read as follows:

    392.035  1.  In determining the mobility of pupils in a school, for any purpose, the department shall divide the sum of the following numbers by the cumulative enrollment in the school:

    (a) The number of late entries or transfers into a school from another school, school district or state, after the beginning of the school year;

    (b) The number of pupils reentering the school after having withdrawn from the same school; and

    (c) The number of pupils who withdraw for any reason or who are dropped for nonattendance.

    2.  To determine the cumulative enrollment of the school pursuant to subsection 1, the department shall add the total number of pupils enrolled in programs of instruction in the school who are included in the count for apportionment purposes pursuant to paragraphs (a) [, (b), (c), (e) and (f)] to (d), inclusive, (f) and (g) of subsection 1 of NRS 387.123 and the number of pupils included in paragraphs (a) and (b) of subsection 1.

    3.  The department shall develop and distribute to the county school districts a form upon which the information necessary to the formula may be submitted by the individual schools.

    Sec. 60.  NRS 392.040 is hereby amended to read as follows:

    392.040  1.  Except as otherwise provided by law, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of any child between the ages of 7 and 17 years shall send the child to a public school during all the time the public school is in session in the school district in which the child resides.

    2.  A child who is 5 years of age on or before September 30 of a school year may be admitted to kindergarten at the beginning of that school year, and his enrollment must be counted for purposes of apportionment. If a child is not 5 years of age on or before September 30 of a school year, the child must not be admitted to kindergarten.

    3.  Except as otherwise provided in subsection 4, a child who is 6 years of age on or before September 30 of a school year must:

    (a) If he has not completed kindergarten, be admitted to kindergarten at the beginning of that school year; or

    (b) If he has completed kindergarten, be admitted to the first grade at the beginning of that school year,

 

 
and his enrollment must be counted for purposes of apportionment. If a child is not 6 years of age on or before September 30 of a school year, the child must not be admitted to the first grade until the beginning of the school year following his sixth birthday.

    4.  The parents, custodial parent, guardian or other person within the State of Nevada having control or charge of a child who is 6 years of age on or before September 30 of a school year may elect for the child not to attend kindergarten or the first grade during that year. The parents, custodial parent, guardian or other person who makes such an election shall file with the board of trustees of the appropriate school district a waiver in a form prescribed by the board.

    5.  Whenever a child who is 6 years of age is enrolled in a public school, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of the child shall send him to the public school during all the time the school is in session. This requirement for attendance does not apply to any child under the age of 7 years who has not yet been enrolled or has been formally withdrawn from enrollment in public school.

    6.  A child who is 7 years of age on or before September 30 of a school year must:

    (a) If he has completed kindergarten and the first grade, be admitted to the second grade.

    (b) If he has completed kindergarten, be admitted to the first grade.

    (c) If the parents, custodial parent, guardian or other person in the State of Nevada having control or charge of the child waived the child’s attendance from kindergarten pursuant to subsection 4, undergo an assessment by the district pursuant to subsection 7 to determine whether the child is prepared developmentally to be admitted to the first grade. If the district determines that the child is prepared developmentally, he must be admitted to the first grade. If the district determines that the child is not so prepared, he must be admitted to kindergarten.

 

 

FLUSH

 
The enrollment of any child pursuant to this subsection must be counted for apportionment purposes.

    7.  Each school district shall prepare and administer before the beginning of each school year a developmental screening test to a child:

    (a) Who is 7 years of age on or before September 30 of the next school year; and

    (b) Whose parents waived his attendance from kindergarten pursuant to subsection 4,

 

 
to determine whether the child is prepared developmentally to be admitted to the first grade. The results of the test must be made available to the parents, custodial parent, guardian or other person within the State of Nevada having control or charge of the child.

    8.  A child who becomes a resident of this state after completing kindergarten or beginning first grade in another state in accordance with the laws of that state may be admitted to the grade he was attending or would be attending had he remained a resident of the other state regardless of his age, unless the board of trustees of the school district determines that the requirements of this section are being deliberately circumvented.

    9.  As used in this section, “kindergarten” includes:

    (a) A kindergarten established by the board of trustees of a school district pursuant to NRS 388.060; [and]

    (b) A kindergarten established by the governing body of a charter school; and

    (c) An authorized program of instruction for kindergarten offered in a child’s home pursuant to NRS 388.060.

    Sec. 61.  NRS 288.060 is hereby amended to read as follows:

    288.060  “Local government employer” means any political subdivision of this state or any public or quasi-public corporation organized under the laws of this state and includes, without limitation, counties, cities, unincorporated towns, school districts, charter schools, hospital districts, irrigation districts and other special districts.

    Sec. 62.  Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  All real and personal property that is leased or rented to a charter school is hereby deemed to be used for an educational purpose and is exempt from taxation. If the property is used partly for the lease or rental to a charter school and partly for other purposes, only the portion of the property that is used for the lease or rental to a charter school is exempt pursuant to this subsection.

    2.  To qualify for an exemption pursuant to subsection 1, the property owner must provide the county assessor with a copy of the lease or rental agreement indicating that:

    (a) The property is leased or rented to the charter school; and

    (b) The amount of payment required by the charter school pursuant to the agreement is reduced in an amount which is at least equal to the amount of the tax that would have been imposed if the property were not exempt pursuant to subsection 1.

    Sec. 63.  NRS 361.065 is hereby amended to read as follows:

    361.065  All lots, buildings and other school property owned by any legally created school district or charter school within the state and devoted to public school purposes are exempt from taxation.

    Sec. 64.  Section 60 of chapter 606, Statutes of Nevada 1999, at page 3324, is hereby amended to read as follows:

    Sec. 60.  1.  This section and sections 56 and 57 of this act become effective upon passage and approval.

    2.  Sections 1 to 12, inclusive, 13 to 16, inclusive, 18 to 24, inclusive, 26 to 45, inclusive, 47 to 54, inclusive, and 58 and 59 of this act become effective on July 1, 1999.

    3.  Sections 17, 25 and 46 of this act become effective at 12:01 a.m. on July 1, 1999.

    4.  [Section 12.5 of this act becomes effective on July 1, 2001.

    5.]  Section 55 of this act becomes effective on July 1, [2003.] 2006.

    Sec. 64.5.  Section 1 of Senate Bill No. 243 of this session is hereby amended to read as follows:

    Section 1.  NRS 386.595 is hereby amended to read as follows:

    386.595  1.  All employees of a charter school shall be deemed public employees.

    2.  Except as otherwise provided in this subsection, the provisions of the collective bargaining agreement entered into by the board of trustees of the school district in which the charter school is located apply to the terms and conditions of employment of employees of the charter school who are on a leave of absence from the school district pursuant to subsection 5, including, without limitation, any provisions relating to representation by the employee organization that is a party to the collective bargaining agreement of the school district in a grievance proceeding or other dispute arising out of the agreement. The provisions of the collective bargaining agreement apply to each employee for the first 3 years that he is on a leave of absence from the school district. After the first 3 years that the employee is on a leave of absence:

    (a) If he is subsequently reassigned by the school district pursuant to subsection 5, he is covered by the collective bargaining agreement of the school district.

    (b) If he continues his employment with the charter school, he is covered by the collective bargaining agreement of the charter school, if applicable.

    3.  Except as otherwise provided in subsection 2, the governing body of a charter school may make all employment decisions with regard to its employees pursuant to NRS 391.311 to 391.3197, inclusive, unless a collective bargaining agreement entered into by the governing body pursuant to chapter 288 of NRS contains separate provisions relating to the discipline of licensed employees of a school.

    4.  [If] Except as otherwise provided in this subsection, if the written charter of a charter school is revoked[,] or if a charter school ceases to operate as a charter school, the employees of the charter school must be reassigned to employment within the school district in accordance with the applicable collective bargaining agreement. A school district is not required to reassign an employee of a charter school pursuant to this subsection if the employee:

    (a) Was not granted a leave of absence by the school district to teach at the charter school pursuant to subsection 5; or

    (b) Was granted a leave of absence by the school district and did not submit a written request to return to employment with the school district in accordance with subsection 5.

    5.  The board of trustees of a school district that is a sponsor of a charter school shall grant a leave of absence, not to exceed 6 years, to any employee who is employed by the board of trustees who requests such a leave of absence to accept employment with the charter school. After the first school year in which an employee is on a leave of absence, he may return to his former teaching position with the board of trustees. After the third school year, an employee who is on a leave of absence may submit a written request to the board of trustees to return to a comparable teaching position with the board of trustees. After the sixth school year, an employee shall either submit a written request to return to a comparable teaching position or resign from the position for which his leave was granted. The board of trustees shall grant a written request to return to a comparable position pursuant to this subsection even if the return of the employee requires the board of trustees to reduce the existing work force of the school district. The board of trustees may require that a request to return to a teaching position submitted pursuant to this subsection be submitted at least 90 days before the employee would otherwise be required to report to duty.

    6.  An employee who is on a leave of absence from a school district pursuant to this section shall contribute to and be eligible for all benefits for which he would otherwise be entitled, including, without limitation, participation in the public employees’ retirement system and accrual of time for the purposes of leave and retirement. The time during which such an employee is on leave of absence and employed in a charter school does not count toward the acquisition of permanent status with the school district.

    7.  Upon the return of a teacher to employment in the school district, he is entitled to the same level of retirement, salary and any other benefits to which he would otherwise be entitled if he had not taken a leave of absence to teach in a charter school.

    8.  An employee of a charter school who is not on a leave of absence from a school district is eligible for all benefits for which he would be eligible for employment in a public school, including, without limitation, participation in the public employees’ retirement system.

    9.  For all employees of a charter school:

    (a) The compensation that a teacher or other school employee would have received if he were employed by the school district must be used to determine the appropriate levels of contribution required of the employee and employer for purposes of the public employees’ retirement system.

    (b) The compensation that is paid to a teacher or other school employee that exceeds the compensation that he would have received if he were employed by the school district must not be included for the purposes of calculating future retirement benefits of the employee.

    10.  If the board of trustees of a school district in which a charter school is located manages a plan of group insurance for its employees, the governing body of the charter school may negotiate with the board of trustees to participate in the same plan of group insurance that the board of trustees offers to its employees. If the employees of the charter school participate in the plan of group insurance managed by the board of trustees, the governing body of the charter school shall:

    (a) Ensure that the premiums for that insurance are paid to the board of trustees; and

    (b) Provide, upon the request of the board of trustees, all information that is necessary for the board of trustees to provide the group insurance to the employees of the charter school.

    Sec. 65.  If the membership of the governing body of a charter school that is in operation before July 1, 2002, does not comply with the amendatory provisions of section 18 of this act, the charter school shall make appropriate changes to the membership of the governing body and otherwise take appropriate action to ensure that the governing body of the charter school complies with the amendatory provisions of section 18 of this act on or before July 1, 2002.

    Sec. 66.  Notwithstanding the provisions of subsection 1 of NRS 288.180 to the contrary, an employee organization established pursuant to chapter 288 of NRS which desires to negotiate with the governing body of a charter school:

    1.  Concerning a collective bargaining agreement intended to become effective during the 2001-2002 school year; and

    2.  With respect to a subject of negotiation that requires the budgeting of money,

 

 
must apply to the governing body for recognition on or before September 1, 2001, and give the notice required by subsection 1 of NRS 288.180 on or before October 1, 2001.

    Sec. 67.  If a person accepts an offer of employment from a charter school before the effective date of section 24 of this act and takes a leave of absence from the school district in which the charter school is located, the 3-year period provided in the amendatory provisions of subsection 2 of section 24 of this act begins to run after the effective date of that section, upon the renewal of any applicable collective bargaining agreement entered into by the board of trustees of the school district.

    Sec. 68.  The state board of education shall consider sponsorship of charter schools in accordance with the amendatory provisions of section 15 of this act for schools that will commence operation during or after the 2002-2003 school year.

    Sec. 69.  1.  On or before December 1, 2001, the state board of education shall submit a draft of the regulations required by section 49 of this act to the legislative committee on education for the review and comment of the committee.

    2.  On or before February 1, 2002, the legislative committee on education shall review the draft regulations and provide comment to the state board.

    3.  On or before April 1, 2002, the state board shall adopt final regulations required by section 49 of this act.

    Sec. 70.  The department of education shall accept applications to provide programs of distance education in accordance with section 40 of this act for programs that will commence operation with the 2002-2003 school year. If any deadlines contained within the regulations adopted by the state board pursuant to section 49 of this act prohibit a school district or charter school from submitting an application for the 2002-2003 school year, the department shall grant a shorter period of time for the school district or charter school to submit an application for the 2002-2003 school year, notwithstanding the provisions of those regulations.

    Sec. 71.  If a school district or charter school has provided before June 1, 2001, a program that includes distance education in accordance with all applicable statutes and regulations, the school district or charter school may continue to offer that program for the 2001-2002 school year if the school district or charter school provides written notice of the existence of the program to the department of education on or before July 1, 2001. After the 2001-2002 school year, the school district or charter school must comply with sections 35 to 49, inclusive, of this act, if it desires to continue the program. The provisions of this section apply to a charter school regardless of whether the terms of the written charter of the charter school authorize the charter school to provide a program that includes distance education.

    Sec. 72.  The department of education shall provide the financial support necessary for the school districts and charter schools to incorporate charter schools into the statewide automated system of information concerning pupils pursuant to the amendatory provisions of sections 27 and 28 of this act.

    Sec. 73.  The amendatory provisions of this act do not apply to offenses committed before July 1, 2001.

    Sec. 74.  Section 12.5 of chapter 606, Statutes of Nevada 1999, at page 3292, is hereby repealed.

    Sec. 75.  1.  This section and sections 24, 64, 66 and 67 of this act become effective upon passage and approval.

    2.  Sections 3 to 12, inclusive, 14, 16 to 19, inclusive, 21, 22, 23, 27, 28, 56, 60 to 63, inclusive, 65, and 68 to 74, inclusive, of this act become effective on July 1, 2001.

    3.  Sections 57 and 64.5 of this act become effective at 12:01 a.m. on July 1, 2001.

    4.  Sections 1, 2, 13, 15, 20, 25, 26, 29, 30 to 55, inclusive, 58 and 59 of this act become effective on July 1, 2002.

TEXT OF REPEALED SECTION

    Section 12.5 of chapter 606, Statutes of Nevada 1999:

    Sec. 12.5.  NRS 386.510 is hereby amended to read as follows:

    386.510  1.  Except as otherwise provided in subsection 2:

    (a) In a county whose population is more than 400,000, [two] four charter schools may be formed per every 75,000 pupils who are enrolled in public schools in the county school district.

    (b) In a county whose population is more than 100,000 but less than 400,000, [two] four charter schools may be formed.

    (c) In a county whose population is less than 100,000, one charter school may be formed.

    2.  The limitations set forth in subsection 1 do not apply to charter schools that are dedicated to providing educational programs and opportunities for pupils who are at risk.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to education; prohibiting an existing public school or home school from converting to a charter school; prohibiting a charter school from operating for profit; creating the fund for charter schools; providing for the sponsorship of charter schools by the state board of education; revising the collective bargaining provisions applicable to charter school employees who are on a leave of absence from a school district; revising provisions governing the formation, operation and personnel of charter schools; authorizing the boards of trustees of school districts and the governing bodies of charter schools to provide programs of distance education for certain pupils; requiring the state board to adopt regulations prescribing the requirements of programs of distance education; revising the provisions governing the apportionments of money from the state distributive school account to provide for the payment of money for pupils who are enrolled in programs of distance education; providing that certain property of charter schools and certain property leased or rented to charter schools is exempt from taxation; extending the prospective removal of the limit on the number of charter schools that may be formed; providing a penalty; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions governing charter schools and authorizes programs of distance education. (BDR 34‑859)”.

    Assemblywoman Smith moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 399.

    Remarks by Assemblywoman Smith.

    Motion carried by a constitutional majority.

Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 202, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Assembly be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA20, which is attached to and hereby made a part of this report.

 

Douglas A. Bache

Terry Care

 

William R. O'Donnell

Harry Mortenson

Jon C. Porter

Assembly Conference Committee

Senate Conference Committee

   

    Conference Amendment No. CA20.

    Amend sec. 19, page 9, by deleting lines 15 through 19 and inserting:

    “(f) That portion of the salaries and other expenses of the office for”.

    Amend sec. 20, page 10, by deleting lines 7 through 11 and inserting:

    “6.  The administrator shall assess each insurer, including each employer who provides accident benefits for injured employees pursuant to NRS 616C.265, an amount to be deposited in the uninsured employers’ claim [fund.] account. To establish the amount of the assessment, the administrator shall determine the amount of money necessary to maintain an appropriate balance in the [fund] account for each fiscal year and shall allocate a portion of that amount to be payable by private carriers, a portion to be payable by self-insured employers, a portion to be payable by associations of self-insured public or private employers and a portion to be payable by the employers who provide accident benefits pursuant to NRS 616C.265, based upon the expected annual expenditures for claims of each group of insurers. After allocating the amounts payable, the administrator shall apply an assessment rate to the:

    (a) Private carriers that reflects the relative hazard of the employments covered by the private carriers, results in an equitable distribution of costs among the private carriers and is based upon expected annual premiums to be received;

    (b) Self-insured employers that results in an equitable distribution of costs among the self-insured employers and is based upon expected annual expenditures for claims;

    (c) Associations of self-insured public or private employers that results in an equitable distribution of costs among the associations of self-insured public or private employers and is based upon expected annual expenditures for claims; and

    (d) Employers who provide accident benefits pursuant to NRS 616C.265 that reflects the relative hazard of the employments covered by those employers, results in an equitable distribution of costs among the employers and is based upon expected annual expenditures for claims.

 

 
The administrator shall adopt regulations for the establishment and administration of the assessment rates, payments and any penalties that the administrator determines are necessary to carry out the provisions of this subsection. As used in this subsection, the term “group of insurers” includes the group of employers who provide accident benefits for injured employees pursuant to NRS 616C.265.”.

    Amend sec. 25, page 12, by deleting line 14 and inserting:

“rates must result in an equitable distribution of costs among the self-”.

    Amend sec. 25, page 12, line 15, by deleting the comma.

    Amend sec. 31, page 15, by deleting line 14 and inserting:

“rates must result in an equitable distribution of costs among the”.

    Amend sec. 31, page 15, line 15, by deleting the comma.

    Amend sec. 34, page 17, by deleting lines 35 through 37 and inserting:

“private carriers, must result in an equitable distribution of costs among the private carriers and must be based upon expected annual premiums to be received.”.

    Amend sec. 45, page 28, by deleting line 7 and inserting:

    “Sec. 45.  1.  This section and sections 1 to 18, inclusive, 21 to 24, inclusive, 26 to 30, inclusive, 32, 33, 35 to 42, inclusive, and 44 of this act become effective on July 1, 2001.

    2.  Sections 19, 20, 25, 31, 34 and 43 of this act become effective at 12:01 a.m. on July 1, 2001.”.

    Amend the bill as a whole by deleting the text of repealed sections and adding the text of the repealed sections, to read as follows:

TEXT OF REPEALED SECTIONS

    227.215  Minimum amount for drawing warrant; exceptions.  Unless the state controller determines that earlier payment is necessary, he shall not draw a warrant for less than $25, but shall accumulate claims for less than $25 until:

    1.  The claims of a particular claimant amount to $25 or more; or

    2.  The end of the fiscal year.

    353.145  Renewal of claim by presentation to state board of examiners; payment.

    1.  If a warrant of the state controller has been canceled pursuant to the provisions of NRS 353.130, the person in whose favor the warrant was drawn may, within 1 year after the date ofthe original warrant, renew his claim against the state, in the amount of the warrant which was canceled, by presenting the claim for approval by the state board of examiners, except that the state board of examiners may authorize its clerk, under such circumstances as it deems appropriate, to approve such a claim on behalf of the board. A person who is aggrieved by a determination of the clerk to deny all or any part of such a claim may appeal that determination to the state board of examiners.

    2.  If a claim is approved pursuant to this section, payment of the claimmay be made out of the stale claims account as provided in NRS 353.097.”.

    Assemblyman Bache moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 202.

    Remarks by Assemblyman Bache.

    Motion carried by a constitutional majority.

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 394, consisting of the undersigned members, has met and reports that:

    No decision was reached, and recommends the appointment of a second Conference Committee, to consist of 3 members, for the further consideration of the measure.

 

Barbara E. Buckley

 

 

Jon C. Porter

John Oceguera

Terry Care

Assembly Conference Committee

Senate Conference Committee

 

    Assemblywoman Buckley moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 394.

    Remarks by Assemblywoman Buckley.

    Motion carried.

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 362, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Assembly be concurred in.

 

Joseph E. Dini, Jr.

Dean A. Rhoads

Lynn C. Hettrick

Mark Amodei

P.M. "Roy" Neighbors

 

Assembly Conference Committee

Senate Conference Committee

 

    Assemblyman Dini moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 362.

    Remarks by Assemblyman Dini.

    Motion carried by a constitutional majority.

Consideration of Senate Amendments

    Assembly Bill No. 520.

    The following Senate amendment was read:

    Amendment No. 1176.

    Amend section 1, page 1, line 1, by deleting “There” and inserting “1.  There”.

    Amend section 1, page 1, line 2, by deleting “Education” and inserting “Administration”.

    Amend section 1, page 1, between lines 5 and 6 by inserting:

    “2.  Upon acceptance of the money appropriated by subsection 1, the Governor’s Advisory Council on Education Relating to the Holocaust agrees to:

    (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2002, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Council through December 1, 2002; and

    (b) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, that the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.”.

    Amend the title of the bill, first line, by deleting “Education” and inserting “Administration”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Makes appropriation to Department of Administration for distribution of grant of money to Governor’s Advisory Council on Education Relating to the Holocaust for carrying out duties of Council and continuing its educational programs. (BDR S‑1434)”.

    Assemblyman Arberry moved that the Assembly concur in the Senate amendment to Assembly Bill No. 520.

    Remarks by Assemblyman Arberry.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

UNFINISHED BUSINESS

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen Anderson, Manendo and Carpenter as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 666.

    Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 7:33 p.m.

ASSEMBLY IN SESSION

    At 7:34 p.m.

    Mr. Speaker presiding.

    Quorum present.

    Assembly Bill No. 511.

    The following Senate amendment was read:

    Amendment No. 1167.

    Amend section 1, page 1, line 1, before “There” by inserting “1.”.

    Amend section 1, page 1, between lines 3 and 4, by inserting:

    “2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

    3.  The Tahoe Regional Planning Agency shall:

    (a) Submit a quarterly report to the Interim Finance Committee regarding the nature and progress of the research being conducted; and

    (b) Upon completion of the research, submit a final report to the Interim Finance Committee regarding that research.”.

    Amend the bill as a whole by deleting sec. 2 and renumbering sec. 3 as sec. 2.

    Assemblyman Arberry moved that the Assembly concur in the Senate amendment to Assembly Bill No. 511.

    Remarks by Assemblyman Arberry.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

general file and third reading

    Assembly Bill No. 405.

    Bill read third time.

    Roll call on Assembly Bill No. 405:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 405 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Joint Resolution No. 20 of the 70th Session.

    Resolution read third time.

    Remarks by Assemblyman Goldwater.

    Roll call on Senate Joint Resolution No. 20 of the 70th Session:

    Yeas—42.

    Nays—None.

    Senate Joint Resolution No. 20 of the 70th Session having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Resolution ordered transmitted to the Senate.

    Assembly Bill No. 232.

    Bill read third time.

    Remarks by Assemblymen Hettrick and Brower.

    Roll call on Assembly Bill No. 232:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 232 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 673.

    Bill read third time.

    Remarks by Assemblywoman Parnell.

    Roll call on Assembly Bill No. 673:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 673 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 170.

    Bill read third time.

    Roll call on Senate Bill No. 170:

    Yeas—42.

    Nays—None.

    Senate Bill No. 170 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 583.

    Bill read third time.

    Roll call on Senate Bill No. 583:

    Yeas—42.

    Nays—None.

    Senate Bill No. 583 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 584.

    Bill read third time.

    Roll call on Senate Bill No. 584:

    Yeas—42.

    Nays—None.

    Senate Bill No. 584 having received a two-thirds majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 585.

    Bill read third time.

    Roll call on Senate Bill No. 585:

    Yeas—42.

    Nays—None.

    Senate Bill No. 585 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 586.

    Bill read third time.

    Roll call on Senate Bill No. 586:

    Yeas—42.

    Nays—None.

    Senate Bill No. 586 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

UNFINISHED BUSINESS

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen Manendo, Carpenter and Anderson as a second Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 394.

    Mr. Speaker appointed Assemblymen Bache, Dini and Von Tobel as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 664.


Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 666, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Senate be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA13, which is attached to and hereby made a part of this report.

 

Bernie Anderson

Mark A. James

Mark A. Manendo

Terry Care

John C. Carpenter

Jon C. Porter

Assembly Conference Committee

Senate Conference Committee

 

    Conference Amendment No. CA13.

    Amend the bill as a whole by adding a new section designated sec. 43.1, following sec. 43, to read as follows:

    “Sec. 43.1.  Section 1 of Assembly Bill No. 225 of this session is hereby amended to read as follows:

    Section 1.  Chapter 241 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A public body shall not consider at a meeting whether to:

    (a) Take administrative action against a person; or

    (b) Acquire real property owned by a person by the exercise of the power of eminent domain,

 

 
unless the public body has given written notice to that person of the time and place of the meeting.

    2.  The written notice required pursuant to subsection 1 must be:

    (a) Delivered personally to that person at least 5 working days before the meeting; or

    (b) Sent by certified mail to the last known address of that person at least 21 working days before the meeting.

 

 
A public body must receive proof of service of the written notice provided to a person pursuant to this section before the public body may consider a matter set forth in subsection 1 relating to that person at a meeting.

    3.  The written notice provided in this section is in addition to the notice of the meeting provided pursuant to NRS 241.020.

    4.  For the purposes of this section, real property shall be deemed to be owned only by the natural person or entity listed in the records of the county in which the real property is located to whom or which tax bills concerning the real property are sent.”.

    Assemblyman Anderson moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 666.

    Remarks by Assemblyman Anderson.

    Motion carried by a constitutional majority.


Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 62, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Assembly be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA22, which is attached to and hereby made a part of this report.

 

Marcia de Braga

Ann O'Connell

Douglas A. Bache

Dina Titus

John C. Carpenter

Jon C. Porter

Assembly Conference Committee

Senate Conference Committee

   

    Conference Amendment No. CA22.

    Amend the bill as a whole by deleting section 1 and renumbering sec. 1.5 as section 1.

    Amend the title of the bill by deleting the first through third lines and inserting:

“AN ACT relating to animals; increasing the penalties for certain mistreatment of animals;”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Increases penalties for certain mistreatment of animals. (BDR 50‑713)”.

    Assemblyman de Braga moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 62.

    Remarks by Assemblyman de Braga.

    Motion carried by a constitutional majority.

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 216, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Assembly be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA24, which is attached to and hereby made a part of this report.

 

David R. Parks

Randolph J. Townsend

John Oceguera

Mark Amodei

Dennis Nolan

Michael Schneider

Assembly Conference Committee

Senate Conference Committee

   

    Conference Amendment No. CA24.

    Amend sec. 4, page 2, by deleting lines 31 and 32 and inserting:

    “(b) Meet all applicable requirements imposed pursuant to:

        (1) This chapter;

        (2) Chapter 624 of NRS; and

 

 
        (3) Any regulations adopted by the board,

with respect”.

    Amend sec. 4.5, pages 2 and 3, by deleting line 48 on page 2 and lines 1 through 5 on page 3, and inserting:

construction of a residential pool or spa shall not act as, or carry out the duties of, an officer, director, employee or owner of a bonding company, finance company, or any other corporation or”.

    Amend sec. 5, page 3, line 40, after “5.” by inserting:

A contract for the repair, restoration, improvement or construction of a residential pool or spa, regardless of use, is not enforceable against the owner if the contractor receives from a third-party, either directly or indirectly, remuneration or any other thing of value for a loan to finance the repair, restoration, improvement or construction and that fact is not disclosed in writing in the contract.

    6.”.

    Amend sec. 6, page 4, by deleting lines 1 through 4 and inserting:

    “2.  It is unlawful for a person to violate any provision of NRS 597.716 or 597.719 or sections 2 to 5, inclusive, of this act.

    3.  Any person who violates any provision of NRS 597.716 or 597.719 or sections 2 to 5, inclusive, of this act:

    (a) For a first offense, is guilty of a misdemeanor and shall be punished by a fine of not more than $1,000, and may be further punished by imprisonment in the county jail for not more than 6 months.

    (b) For the second offense, is guilty of a gross misdemeanor and shall be punished by a fine of not less than $2,000 nor more than $4,000, and may be further punished by imprisonment in the county jail for not more than 1 year.

    (c) For the third or subsequent offense, is guilty of a class E felony and shall be punished by a fine of not less than $5,000 nor more than $10,000 and may be further punished by imprisonment in the state prison for not less than 1 year and not more than 4 years.

    4.  The imposition of a penalty provided for in this section is not”.

    Amend sec. 11, page 7, lines 16 and 17, by deleting:

residences, contractors and financial institutions” and inserting:

residences and contractors”.

    Amend sec. 13, page 8, line 19, by deleting “624.291.” and inserting:

“624.291 or section 4 of Assembly Bill No. 620 of this [act.] session.”.

    Amend sec. 19, page 11, line 4, by deleting:

“10 to 13, inclusive, and” and inserting:

“10, 11, 12,”.

    Amend sec. 19, page 11, line 6, after “Sections” by inserting “13,”.

    Assemblyman Parks moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 216.

    Remarks by Assemblyman Parks.

    Motion carried by a constitutional majority.


Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 171, consisting of the undersigned members, has met and reports that:

    No decision was reached, and recommends the appointment of a second Conference Committee, to consist of 3 members, for the further consideration of the measure.

 

Mark A. Manendo

Jon C. Porter

John C. Carpenter

Mike McGinness

Tom Collins

Valerie Wiener

Assembly Conference Committee

Senate Conference Committee

 

    Assemblyman Manendo moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 171.

    Remarks by Assemblyman Manendo.

    Motion carried.

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen Anderson, Nolan and Claborn as a second Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 171.

Consideration of Senate Amendments

    Assembly Bill No. 504.

    The following Senate amendment was read:

    Amendment No. 1181.

    Amend section 1, page 1, line 2, by deleting “$70,000” and inserting “$80,000”.

    Assemblyman Arberry moved that the Assembly concur in the Senate amendment to Assembly Bill No. 504.

    Remarks by Assemblyman Arberry.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 234.

    The following Senate amendment was read:

    Amendment No. 1093.

    Amend sec. 5, page 2, by deleting lines 8 and 9 and inserting:

“Vehicles and Public Safety the sum of $62,000 for a shortfall caused by an increase in fingerprint expenses and by the payment of terminal leave. This”.

    Assemblyman Arberry moved that the Assembly concur in the Senate amendment to Assembly Bill No. 234.

    Remarks by Assemblyman Arberry.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 530.

    The following Senate amendment was read:

    Amendment No. 1152.

    Amend section 1, page 1, line 1, by deleting “There” and inserting “1.  There”.

    Amend section 1, page 1, line 2, by deleting “$67,887” and inserting “$54,572”.

    Amend section 1, page 1, between lines 3 and 4 by inserting:

    “2.  There is hereby appropriated from the state general fund to the Department of Human Resources the sum of $13,315 for costs relating to the fingerprinting of the employees of the Welfare Division.”.

    Amend section 2, page 1, line 4, by deleting “appropriation” and inserting “appropriations”.

    Amend the title of the bill to read as follows:

“AN ACT making appropriations to the Department of Human Resources for the Welfare Division’s telephone system and for costs relating to the fingerprinting of employees of the Welfare Division.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Makes appropriations to Department of Human Resources for Welfare Division’s telephone system and for costs relating to fingerprinting of employees of Welfare Division. (BDR S‑1370)”.

    Assemblyman Arberry moved that the Assembly concur in the Senate amendment to Assembly Bill No. 530.

    Remarks by Assemblyman Arberry.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 522.

    The following Senate amendment was read:

    Amendment No. 1177.

    Amend section 1, page 1, by deleting lines 3 and 4 and inserting:

“the sum of $220,400 for:

    1.  Minor remodeling of the Grant Sawyer State Office Building; and

    2.  Moving expenses of various agencies to and from the Grant Sawyer State Office Building.”.

    Amend the title of the bill by deleting the second line and inserting:

“of Administration for certain expenses related to the”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Makes appropriation to Buildings and Grounds Division of Department of Administration for moving expenses of various agencies to and from, and minor remodeling of, Grant Sawyer State Office Building. (BDR S‑1356)”.

    Assemblyman Arberry moved that the Assembly concur in the Senate amendment to Assembly Bill No. 522.

    Remarks by Assemblyman Arberry.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 7:57 p.m.

ASSEMBLY IN SESSION

    At 10:40 p.m.

    Mr. Speaker presiding.

    Quorum present.

    Mr. Speaker announced that pursuant to Assembly Standing Rule No. 1, section 2, subsection (d), Assemblyman Anderson would act as presiding officer.

UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 271, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Senate be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA32, which is attached to and hereby made a part of this report.

 

David E. Humke

Mark Amodei

Tom Collins

Randolph J. Townsend

Debbie Smith

Bernice Mathews

Assembly Conference Committee

Senate Conference Committee

   

    Conference Amendment No. CA32.

    Amend the bill as a whole by deleting sections 2 and 3 and adding new sections designated sections 2 and 3 to read as follows:

    “Sec. 2.  Chapter 483 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If a person is under the age of 16 years on the date on which the department issues a license to him pursuant to NRS 483.250, he shall not, during the 90 days immediately succeeding the date on which the department issues that license, transport as a passenger in a motor vehicle that he is driving any person under the age of 18 years unless that passenger is a member of his immediate family.

    2.  If a person is 16 years of age or older but less than 17 years of age, on the date on which the department issues a license to him pursuant to NRS 483.250, he shall not, during the 60 days immediately succeeding the date on which the department issues that license, transport as a passenger in a motor vehicle that he is driving any person under the age of 18 years unless that passenger is a member of his immediate family.

    3.  If a person is 17 years of age or older but less than 18 years of age, on the date on which the department issues a license to him pursuant to NRS 483.250, he shall not, during the 30 days immediately succeeding the date on which the department issues that license, transport as a passenger in a motor vehicle that he is driving any person under the age of 18 years unless that passenger is a member of his immediate family.

    Sec. 3.  NRS 483.250 is hereby amended to read as follows:

    483.250  The department shall not issue any license[under]pursuant to the provisions of NRS 483.010 to 483.630, inclusive:

    1.  To any person who is under the age of 18 years, except that the department may issue:

    (a) A restricted license to a person between the ages of 14 and 18 years pursuant to the provisions of NRS 483.267 and 483.270.

    (b) An instruction permit to a person who is at least 15 1/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.

    (c) A restricted instruction permit to a person under the age of 18 years pursuant to the provisions of subsection 3 of NRS 483.280.

    (d) Except as otherwise provided in paragraph (e), a license to a person between the ages of[16]15 3/4 and 18 years[who] if:

        (1) He has completed a course:

        [(1)] (I) In automobile driver education pursuant to NRS 389.090; or

        [(2)] (II) Provided by a school for training drivers licensed pursuant to NRS 483.700 to 483.780, inclusive, if the course complies with the applicable regulations governing the establishment, conduct and scope of automobile driver education adopted by the state board of education pursuant to NRS 389.090[,

and who] ;

        (2) He has at least 50 hours of experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280 [. The];

        (3) His parent or legal guardian [of a person who desires to obtain a license pursuant to this paragraph must sign and submit]signs and submits to the department a form provided by the department which attests that the person who desires a license has completed the training and experience required by [this paragraph.]subparagraph (2); and

        (4) He has held an instruction permit for at least:

            (I) Ninety days before he applies for the license, if he was under the age of 16 years at the time he obtained the instruction permit;

            (II) Sixty days before he applies for the license, if he was at least 16 years of age but less than 17 years of age at the time he obtained the instruction permit; or

            (III) Thirty days before he applies for the license, if he was at least 17 years of age but less than 18 years of age at the time he obtained the instruction permit.

    (e) A license to a person who is between the ages of [16]15 3/4 and 18 years if:

        (1) The public school in which he is enrolled is located in a county whose population is less than 35,000 or in a city or town whose population is less than 25,000;

        (2) The public school does not offer automobile driver education;

        (3) He has at least 50 hours of experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280; [and]

        (4) His parent or legal guardian signs and submits to the department a form provided by the department which attests that the person who desires a license has completed the experience required by subparagraph (3) [.]; and

        (5) He has held an instruction permit for at least:

            (I) Ninety days before he applies for the license, if he was under the age of 16 years at the time he obtained the instruction permit;

            (II) Sixty days before he applies for the license, if he was at least 16 years of age but less than 17 years of age at the time he obtained the instruction permit; or

            (III) Thirty days before he applies for the license, if he was at least 17 years of age but less than 18 years of age at the time he obtained the instruction permit.

    2.  To any person whose license has been revoked until the expiration of the period during which he is not eligible for a license.

    3.  To any person whose license has been suspended, but [,] upon good cause shown to the administrator, the department may issue a restricted license to him or shorten any period of suspension.

    4.  To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to legal capacity.

    5.  To any person who is required by NRS 483.010 to 483.630, inclusive, to take an examination, unless he has successfully passed the examination.

    6.  To any person when the administrator has good cause to believe that by reason of physical or mental disability that person would not be able to operate a motor vehicle safely.

    7.  To any person who is not a resident of this state.

    8.  To any child who is the subject of a court order issued pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.2255, 62.226 or 62.228 which delays his privilege to drive.

    9.  To any person who is the subject of a court order issued pursuant to NRS 206.330 which suspends or delays his privilege to drive until the expiration of the period of suspension or delay.”.

    Assemblyman Humke moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 271.

    Remarks by Assemblyman Humke.

    Motion carried.


MESSAGES FROM THE Senate

Senate Chamber, Carson City, June 4, 2001

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed Assembly Bill No. 381.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 5; Senate Concurrent Resolutions Nos. 50, 54.

    Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 378, Amendment No. 1237; Assembly Bill No. 564, Amendment No. 1228, and respectfully requests your honorable body to concur in said amendments.

    Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 460, and requests a conference, and appointed Senators O'Donnell, Jacobsen and Shaffer as a first Conference Committee to meet with a like committee of the Assembly.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 219 and appointed Senators Jacobsen, McGinness and Mathews as a second Conference Committee to meet with a like committee of the Assembly for further consideration of Assembly Bill No. 219.

    Also, I have the honor to inform your honorable body that the Senate on this day refused to adopt the report of the first Conference Committee concerning Assembly Bill No. 246, and requests a second conference, and appointed Senators Amodei, Washington and Care to meet with a like committee of the Assembly.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the second Conference Committee concerning Assembly Bill No. 195.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 399.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 637.

    Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Amodei, Washington and Care as a second Conference Committee concerning Assembly Bill No. 246.

    Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 86, 141, 355.

    Also, I have the honor to inform your honorable body that the Senate amended, and on this day adopted, as amended, Senate Concurrent Resolutions Nos. 3, 5, 9.

    Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 1186 to Senate Bill No. 56; Assembly Amendment No. 1115 to Senate Bill No. 570.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bill No. 489.

    Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Washington, Wiener and Care as a first Conference Committee concerning Senate Bill No. 286.

    Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Amodei, Washington and Care as a first Conference Committee concerning Senate Bill No. 576.

    Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators James, Amodei and Care as a first Conference Committee concerning Senate Bill No. 577.

                                                                                    Mary Jo Mongelli

                                                                             Assistant Secretary of the Senate


UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 483, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Senate be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA33, which is attached to and hereby made a part of this report.

 

Bernie Anderson

Jon C. Porter

Douglas A. Bache

Terry Care

Bob Beers

William R. O'Donnell

Assembly Conference Committee

Senate Conference Committee

   

    Conference Amendment No. CA33.

    Amend the bill as a whole by deleting sections 1 and 2 and renumbering sections 3 through 8 as sections 1 through 6.

    Amend sec. 3, page 3, by deleting lines 13 through 19 and inserting:

    “Section 1.  Chapter 294A of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  In addition to filing the forms designed and provided by the secretary of state pursuant to NRS 294A.120, 294A.125 and 294A.200, or the forms designed and provided by a city clerk pursuant to NRS 294A.360, as appropriate, each candidate who is required to file a report of campaign contributions and expenses pursuant to NRS 294A.120, 294A.125, 294A.200 or 294A.360 shall file a separate form relating only to goods and services provided in kind for which money would otherwise have been paid. The candidate shall list on the form each such campaign contribution he receives and each expense in excess of $100 he incurs during the reporting period.”.

    Amend sec. 3, page 3, by deleting line 24 and inserting:

required to use the form to file a report pursuant to NRS 294A.360. The city clerk shall submit the form to the secretary of state for approval. The city clerk shall not use such a form until it is approved. The”.

    Amend sec. 3, page 3, by deleting line 29 and inserting:

    “3.  The secretary of state and each city clerk shall not require a candidate to list the campaign contributions and expenses described in this section on any form other than a form designed and provided pursuant to this section.

    4.  Upon request, the secretary of state shall provide a copy of the”.

    Amend sec. 4, pages 3 through 5, by deleting lines 36 through 49 on page 3, lines 1 through 48 on page 4 and lines 1 through 33 on page 5, and inserting:

    “Sec. 2.  NRS 294A.120 is hereby amended to read as follows:

    294A.120  1.  Every candidate for state, district, county or township office at a primary or general election shall, not later than:

    (a) Seven days before the primary election, for the period from 30 days before the regular session of the legislature after the last election for that office up to 12 days before the primary election;

    (b) Seven days before the general election, whether or not the candidate won the primary election, for the period from 12 days before the primary election up to 12 days before the general election; and

    (c) The 15th day of the second month after the general election, for the remaining period up to 30 days before the next regular session of the legislature,

 

 
list each of the campaign contributions that he receives during the period on forms designed and provided by the secretary of state [and] pursuant to this section and section 1 of this act. Each form must be signed by the candidate under penalty of perjury.

    2.  Except as otherwise provided in subsection 3, every candidate for a district office at a special election shall, not later than:

    (a) Seven days before the special election, for the period from his nomination up to 12 days before the special election; and

    (b) Thirty days after the special election, for the remaining period up to the special election,

 

 
list each of the campaign contributions that he receives during the period on forms designed and provided by the secretary of state [and] pursuant to this section and section 1 of this act. Each form must be signed by the candidate under penalty of perjury.

    3.  Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall list each of the campaign contributions that he receives on forms designed and provided by the secretary of state pursuant to this section and section 1 of this act, and signed by the candidate under penalty of perjury, 30 days after:

    (a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall up to the special election; or

    (b) A district court determines that the petition for recall is legally insufficient pursuant to subsection 5 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall up to the date of the district court’s decision.

    4.  Reports of campaign contributions must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

    5.  Every county clerk who receives from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign contributions pursuant to subsection 4 shall file a copy of each report with the secretary of state within 10 working days after he receives the report.

    6.  The name and address of the contributor and the date on which the contribution was received must be included on the list for each contribution in excess of $100 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the first reporting period.

    7.  The form designed and provided by the secretary of state for the reporting of contributions pursuant to this section must be designed to be used by a candidate to record in the form of a list each campaign contribution as he receives it.”.

    Amend sec. 5, pages 5 and 6, by deleting lines 34 through 49 on page 5 and lines 1 through 26 on page 6, and inserting:

    “Sec. 3.  NRS 294A.125 is hereby amended to read as follows:

    294A.125  1.  In addition to complying with the requirements set forth in NRS 294A.120, 294A.200 and 294A.360, a candidate who receives contributions in any year before the year in which the general election or general city election in which the candidate intends to seek election to public office is held, shall, for:

    (a) The year in which he receives contributions in excess of $10,000, list each of the contributions that he receives and the expenditures in excess of $100 made in that year.

    (b) Each year after the year in which he received contributions in excess of $10,000, until the year of the general election or general city election in which the candidate intends to seek election to public office is held, list each of the contributions that he received and the expenditures in excess of $100 made in that year.

    2.  The reports required by subsection 1 must be submitted on [a form] forms designed and provided by the secretary of state [and] pursuant to this section and section 1 of this act. Each form must be signed by the candidate under penalty of perjury.

    3.  The name and address of the contributor and the date on which the contribution was received must be included on the list for each contribution in excess of $100 and contributions that a contributor has made cumulatively in excess of that amount.

    4.  The forms designed and provided by the secretary of state for the reporting of contributions and expenditures pursuant to this section must be designed to be used by a candidate to record in the form of a list each campaign contribution as he receives it and each expenditure as it is made.

    [4.] 5.  The report must be filed:

    (a) With the officer with whom the candidate will file the declaration of candidacy or acceptance of candidacy for the public office the candidate intends to seek. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

    (b) On or before January 15 of the year immediately after the year for which the report is made.

    [5.] 6.  A county clerk who receives from a candidate for legislative or judicial office, except the office of justice of the peace or municipal judge, a report of contributions and expenditures pursuant to subsection [4] 5 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.”.

    Amend sec. 6, pages 6 through 8, by deleting lines 27 through 49 on page 6, lines 1 through 48 on page 7 and lines 1 through 31 on page 8, and inserting:

    “Sec. 4.  NRS 294A.200 is hereby amended to read as follows:

    294A.200  1.  Every candidate for state, district, county or township office at a primary or general election shall, not later than:

    (a) Seven days before the primary election, for the period from 30 days before the regular session of the legislature after the last election for that office up to 12 days before the primary election;

    (b) Seven days before the general election, whether or not the candidate won the primary election, for the period from 12 days before the primary election up to 12 days before the general election; and

    (c) The 15th day of the second month after the general election, for the remaining period up to 30 days before the next regular session of the legislature,

 

 

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list each of the campaign expenses in excess of $100 that he incurs during the period on forms designed and provided by the secretary of state [and] pursuant to this section and section 1 of this act. Each form must be signed by the candidate under penalty of perjury.

    2.  Except as otherwise provided in subsection 3, every candidate for a district office at a special election shall, not later than:

    (a) Seven days before the special election, for the period from his nomination up to 12 days before the special election; and

    (b) Sixty days after the special election, for the remaining period up to 30 days after the special election,

 

 
list each of the campaign expenses in excess of $100 that he incurs during the period on forms designed and provided by the secretary of state [and] pursuant to this section and section 1 of this act. Each form must be signed by the candidate under penalty of perjury.

    3.  Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall list the campaign expenses in excess of $100 that he incurs on forms designed and provided by the secretary of state pursuant to this section and section 1 of this act and signed by the candidate under penalty of perjury, 60 days after:

    (a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall up to 30 days after the special election; or

    (b) A district court determines that the petition for recall is legally insufficient pursuant to subsection 5 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall up to the date of the district court’s decision.

    4.  Reports of campaign expenses must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

    5.  County clerks who receive from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign expenses pursuant to subsection 4 shall file a copy of each report with the secretary of state within 10 working days after he receives the report.

    6.  The forms designed and provided by the secretary of state for the reporting of campaign expenses pursuant to this section must be designed to be used by a candidate to record in the form of a list each campaign expense as he incurs it.”.

    Amend sec. 7, pages 8 through 10, by deleting lines 32 through 48 on page 8, lines 1 through 49 on page 9 and lines 1 through 13 on page 10, and inserting:

    “Sec. 5.  NRS 294A.360 is hereby amended to read as follows:

    294A.360  1.  Every candidate for city office where the general city election is preceded by a primary city election shall file the reports in the manner required by NRS 294A.120, 294A.200 and 294A.350 for other offices not later than:

    (a) Seven days before the primary city election, for the period from 30 days after the last election for that office up to 12 days before the primary city election;

    (b) Seven days before the general city election, whether or not the candidate won the primary city election, for the period from 12 days before the primary city election up to 12 days before the general city election; and

    (c) The 15th day of the second month after the general city election, for the remaining period up to 30 days after the general city election.

    2.  Every candidate for city office where there is no primary city election shall so file those reports:

    (a) Seven days before the general city election, for the period from 30 days after the last election for that office up to 12 days before the general city election; and

    (b) The 15th day of the second month after the general city election, for the remaining period up to 30 days after the general city election.

    3.  The city clerk shall design the form for each report a candidate for city office is required to file pursuant to NRS 294A.120 and 294A.200. The form designed and provided by the city clerk for the reporting of campaign contributions and campaign expenses pursuant to this section must be designed to be used to record in the form of a list each campaign contribution as it is made and each campaign expense in excess of $100 as it is incurred.

 

 
The city clerk shall submit the form to the secretary of state for approval. The city clerk shall not use such a form until it is approved.”.

    Amend sec. 8, page 10, line 34, by deleting “3” and inserting “1”.

    Amend the bill as a whole by deleting sections 9 through 11 and renumbering sec. 12 as sec. 7.

    Amend the bill as a whole by deleting the text of the repealed section.

    Amend the title of bill to read as follows:

“AN ACT relating to elections; requiring the secretary of state and each city clerk to design the form to be used by a candidate for reporting in kind campaign contributions and expenses; removing the requirement that campaign expenses under a certain amount be separately listed on forms for reporting; revising provisions governing the listing of certain categories of campaign expenses and expenditures; and providing other matters properly relating thereto.”.

    Assemblyman Bache moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 483.

    Remarks by Assemblyman Bache.

    Motion carried by a constitutional majority.

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 489, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Assembly be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA14, which is attached to and hereby made a part of this report.

 

Douglas A. Bache

William R. O'Donnell

Merle Berman

Joseph Neal

Harry Mortenson

Jon C. Porter

Assembly Conference Committee

Senate Conference Committee

   

    Conference Amendment No. CA14.

    Amend sec. 3, page 2, line 30, after “deputy,” by inserting:

an assistant treasurer,”.

    Amend sec. 10, page 7, line 4, by deleting “section,” and inserting:

“section and NRS 33.017 to 33.100, inclusive, and section 1 of Assembly Bill No. 581 of this[act,] session,”.

    Amend sec. 10, page 8, line 20, by deleting “half” and inserting “one-half”.

    Amend sec. 13, page 9, by deleting lines 14 and 15 and inserting:

“fund for use by the director of the department of”.

    Amend sec. 25, page 11, line 4, by deleting “[5] 3” and inserting “3”.

    Amend sec. 25, page 12, line 12, by deleting “5” and inserting “3”.

    Amend the bill as a whole by deleting sec. 26 and inserting:

    “Sec. 26.  (Deleted by amendment.)”.

    Amend sec. 27, page 12, line 48, by deleting “5” and inserting “3”.

    Amend sec. 27, page 13, line 23, by deleting “5” and inserting “3”.

    Amend sec. 29, page 13, line 34, by deleting “5” and inserting “3”.

    Amend the bill as a whole by deleting sec. 30 and inserting:

    “Sec. 30.  (Deleted by amendment.)”.

    Amend sec. 33, page 15, by deleting line 14 and inserting:

“before November 1 of each 3-year period after November 1, 1999, which”.

    Amend sec. 50, page 23, by deleting lines 40 through 43 and inserting:

“subsections 5 and 6, the state controller shall distribute the money received to the following public agencies in the following manner:

    (a) Not less than 51 percent to the office of the court”.

    Amend sec. 68, page 32, line 47, by deleting “5” and inserting “3”.

    Amend sec. 68, page 33, lines 1 and 7, by deleting “5” and inserting “3”.

    Amend sec. 69, page 33, lines 26, 29 and 35, by deleting “5” and inserting “3”.

    Amend the bill as a whole by adding new sections, designated sections 71.1, 71.3, 71.5, 71.7 and 71.9, following sec. 71, to read as follows:

    “Sec. 71.1.  Section 3 of Assembly Bill No. 227 of this session is hereby amended to read as follows:

    Sec. 3.  NRS 294A.420 is hereby amended to read as follows:

    294A.420  1.  If the secretary of state receives information that a person or entity that is subject to the provisions of NRS 294A.120, 294A.140, 294A.150, 294A.180, 294A.200, 294A.210, 294A.220, 294A.230, 294A.270, 294A.280 or 294A.360 has not filed a report or form for registration pursuant to the applicable provisions of those sections, the secretary of state may, after giving notice to that person or entity, cause the appropriate proceedings to be instituted in the first judicial district court.

    2.  Except as otherwise provided in this section, a person or entity that violates an applicable provision of NRS 294A.112, 294A.120, 294A.130, 294A.140, 294A.150, 294A.160, 294A.170, 294A.180, 294A.200, 294A.210, 294A.220, 294A.230, 294A.270, 294A.280, 294A.300, 294A.310, 294A.320 or 294A.360 is subject to a civil penalty of not more than $5,000 for each violation and payment of court costs and attorney’s fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the secretary of state in the first judicial district court and deposited by the secretary of state for credit to the state general fund in the bank designated by the state treasurer.

    3.  If a civil penalty is imposed because a person or entity has reported its contributions, expenses or expenditures after the date the report is due, the amount of the civil penalty is:

    (a) If the report is not more than 7 days late, $25 for each day the report is late.

    (b) If the report is more than 7 days late but not more than 15 days late, $50 for each day the report is late.

    (c) If the report is more than 15 days late, $100 for each day the report is late.

    4.  For good cause shown, the secretary of state may waive a civil penalty that would otherwise be imposed pursuant to this section. If the secretary of state waives a civil penalty pursuant to this subsection, the secretary of state shall:

    (a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and

    (b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.

    Sec. 71.3.  Section 25 of Assembly Bill No. 638 of this session is hereby amended to read as follows:

    Sec. 25.  NRS 281.581 is hereby amended to read as follows:

    281.581  1.  A candidate for public office or public [or judicial] officer who fails to file his statement of financial disclosure in a timely manner pursuant to NRS 281.561 is subject to a civil penalty and payment of court costs and attorney’s fees. Except as otherwise provided in subsection 3, the amount of the civil penalty is:

    (a) If the statement is filed not more than 7 days late, $25 for each day the statement is late.

    (b) If the statement is filed more than 7 days late but not more than 15 days late, $175 for the first 7 days, plus $50 for each additional day the statement is late.

    (c) If the statement is filed more than 15 days late, $575 for the first 15 days, plus $100 for each additional day the statement is late.

    2.  The commission may, for good cause shown, waive or reduce the civil penalty.

    3.  The civil penalty imposed for a violation of this section must not exceed the annual compensation for the office for which the statement was filed.

    4.  The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the commission in a court of competent jurisdiction and deposited by the commission in the account for credit to the state general fundin the bank designated by the state treasurer.

    5.  If the commission waives a civil penalty pursuant to subsection 2, the commission shall:

    (a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and

    (b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.

    Sec. 71.5.  Section 27 of Assembly Bill No. 638 of this session is hereby amended to read as follows:

    Sec. 27.  [Section] Sections 20 and 25 of this act [becomes] become effective at 12:01 a.m. on October 1, 2001.

    Sec. 71.7.  Section 1 of Senate Bill No. 87 of this session is hereby amended to read as follows:

    Section 1.  NRS 200.485 is hereby amended to read as follows:

    200.485  1.  Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery that constitutes domestic violence pursuant to NRS 33.018:

    (a) For the first offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:

        (1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and

        (2) Perform not less than 48 hours, but not more than 120 hours, of community service.

 

 
The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur at a time when the person is not required to be at his place of employment or on a weekend.

    (b) For the second offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:

        (1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and

        (2) Perform not less than 100 hours, but not more than 200 hours, of community service.

 

 
The person shall be further punished by a fine of not less than $500, but not more than $1,000.

    (c) For the third and any subsequent offense within 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

    2.  In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, the court shall:

    (a) For the first offense within 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.

    (b) For the second offense within 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for 12 months, at his expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.

    3.  An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

    4.  In addition to any other fine or penalty, the court shall order such a person to pay an administrative assessment of $35. Any money so collected must be paid by the clerk of the court to the state controller on or before the fifth day of each month for the preceding month for credit to the account for programs related to domestic violence established pursuant to NRS 228.460.

    5.  In addition to any other penalty, the court may require such a person to participate, at his expense, in a program of treatment for the abuse of alcohol or drugs that has been certified by the health division of the department of human resources.

    6.  If it appears from information presented to the court that a child under the age of 18 years may need counseling as a result of the commission of a battery which constitutes domestic violence pursuant to NRS 33.018, the court may refer the child to an agency which provides protective services. If the court refers a child to an agency which provides protective services, the court shall require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of his ability to pay.

    7.  If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial. A court shall not grant probation to and, except as otherwise provided in NRS 4.373 and 5.055, a court shall not suspend the sentence of such a person.

    [7.] 8.  As used in this section:

    (a) “Agency which provides protective services” has the meaning ascribed to it in NRS 432B.030.

    (b) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481 . [; and

    (b)] (c) “Offense” includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.

    Sec. 71.9.  Section 7 of Senate Bill No. 466 of this session is hereby amended to read as follows:

    Sec. 7.  NRS 281.581 is hereby amended to read as follows:

    281.581  1.  A candidate or public or judicial officer who fails to file his statement of financial disclosure in a timely manner pursuant to NRS 281.561 is subject to a civil penalty and payment of court costs and attorney’s fees. [The] Except as otherwise provided in subsection 3, the amount of the civil penalty is:

    (a) If the statement is filed not more than 7 days late, $25 for each day the statement is late.

    (b) If the statement is filed more than 7 days late but not more than 15 days late, $175 for the first 7 days, plus $50 for each additional day the statement is late.

    (c) If the statement is filed more than 15 days late, $575 for the first 15 days, plus $100 for each additional day the statement is late.

    2.  The commission may, for good cause shown, waive or reduce the civil penalty.

    3.  The civil penalty imposed for a violation of this section must not exceed the annual compensation for the office for which the statement was filed.

    4.  The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the commission in a court of competent jurisdiction and deposited by the commission in the account for credit to the state general fundin the bank designated by the state treasurer.

    [4.] 5.  If the commission waives a civil penalty pursuant to subsection 2, the commission shall:

    (a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and

    (b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.”.

    Amend sec. 73, page 34, by deleting lines 40 through 43 and inserting:

    “2.  Sections 1, 2, 5, 6, 7, 11, 12, 13, 49, 51 to 67, inclusive, and 70 to 71.9, inclusive, of this act become effective on July 1, 2001.

    3.  Section 10 of this act becomes effective at 12:01 a.m. on July 1, 2001.

    4.  Section 50 of this act becomes effective at 12:02 a.m. on July 1, 2001.”.

    Assemblyman Bache moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 489.

    Remarks by Assemblyman Bache.

    Motion carried by a constitutional majority.

Recede From Assembly Amendments

    Assemblyman Bache moved that the Assembly recede from its action on Senate Bill No. 556.

    Remarks by Assemblyman Bache.

    Motion carried by a constitutional majority.

    Assemblyman Anderson announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 10:52 p.m.


ASSEMBLY IN SESSION

    At 10:53 p.m.

    Mr. Speaker presiding.

    Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that all rules be suspended and that Assembly Bills Nos. 70, 300 be declared an emergency measure under the Constitution and placed on third reading and final passage.

    Motion carried unanimously.

    Assemblywoman Buckley moved that Assembly Bill No. 75 and Senate Bills Nos. 193, 277, 427, 445 and 518 be placed on the General File.

    Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 230, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Committee on Ways and Means, to which was referred Senate Bill No. 459, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Chris Giunchigliani, Vice Chairman

Mr. Speaker:

    Your Committee on Ways and Means, to which was referred Assembly Bill No. 346, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Committee on Ways and Means, to which was referred Assembly Bill No. 594, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

Mr. Speaker:

    Your Concurrent Committee on Ways and Means, to which was referred Assembly Bill No. 403, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Chris Giunchigliani, Vice Chairman

SECOND READING AND AMENDMENT

    Assembly Bill No. 346.

    Bill read second time.

    The following amendment was proposed by the Committee on Ways and Means:

    Amendment No. 1272.

    Amend section 1, page 2, line 33, by deleting “shall” and inserting:

“shall, within the limits of funding available from gifts, grants, donations, contributions or other money,”.

    Amend section 1, page 3, by deleting line 44 and inserting:

    “3.  If a pilot program is established pursuant to subsection 1, the Administrator shall, not later than 3 months after making his determination to establish the program, develop and”.

    Amend sec. 2, page 5, by deleting lines 18 and 19 and inserting:

    “2.  If a pilot program is established pursuant to subsection 1 of section 1 of this act, the Administrator shall report to the Interim Finance Committee at its first meeting next following January 31, 2002, on the status of, and the funding for, the pilot program, and on the reports”.

    Amend sec. 3, page 5, line 21, by deleting “The” and inserting:

“If a pilot program is established pursuant to subsection 1 of section 1 of this act, the”.

    Amend sec. 3, page 5, line 23, by deleting “concerning” and inserting:

“on the progress of”.

    Amend the bill as a whole by deleting sections 4 and 5 and adding new sections designated sections 4 and 5, following sec. 3, to read as follows:

    “Sec. 4.  The Division of Mental Health and Developmental Services of the Department of Human Resources may apply for and accept any gifts, grants, donations, contributions or other money from any source to be used to enter into a contract for the operation of a pilot program established pursuant to subsection 1 of section 1 of this act.

    Sec. 5.  This act becomes effective upon passage and approval.”.

    Amend the preamble of the bill, page 2, line 25, by deleting “provided” and inserting:

“available”.

    Amend the title of the bill, fourth line, by deleting:

“making an appropriation;”.

    Assemblywoman Tiffany moved the adoption of the amendment.

    Remarks by Assemblywoman Tiffany.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 594.

    Bill read second time.

    The following amendment was proposed by the Committee on Ways and Means:

    Amendment No. 1266.

    Amend section 1, page 1, line 1, by deleting “There” and inserting “1.  There”.

    Amend section 1, page 1, line 2, by deleting “$8,000,000” and inserting “$750,000”.

    Amend section 1, page 1, line 3, by deleting “construction” and inserting “planning”.

    Amend section 1, page 1, between lines 4 and 5, by inserting:

    “2.  Upon acceptance of the money appropriated by subsection 1, the Culinary and Hospitality Academy of Las Vegas agrees to:

    (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2002, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Culinary and Hospitality Academy of Las Vegas through December 1, 2002; and

    (b) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, that the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.”.

    Amend the bill as a whole by renumbering sections 2 and 3 as sections 3 and 4 and adding a new section designated sec. 2, following section 1, to read as follows:

    “Sec. 2.  1.  There is hereby appropriated from the state general fund to the Department of Cultural Affairs the sum of $250,000 for distribution to the Las Vegas Performing Arts Center Foundation for the design and planning of a performing arts center in the City of Las Vegas.

    2.  Upon acceptance of the money appropriated by subsection 1, the Las Vegas Performing Arts Center Foundation agrees to:

    (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2002, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Las Vegas Performing Arts Center Foundation through December 1, 2002; and

    (b) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, that the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.”.

    Amend sec. 2, page 1, line 5, by deleting:

“appropriation made by section 1” and inserting:

“appropriations made by sections 1 and 2”.

    Amend sec. 2, page 1, line 6, by deleting “2005,” and inserting “2003,”.

    Amend the title of the bill to read as follows:

“AN ACT making appropriations for the design and planning of a facility for vocational training in Southern Nevada and for the design and planning of a performing arts center in the City of Las Vegas; and providing other matters properly relating thereto.”.

   Amend the summary of the bill to read as follows:

“SUMMARY—Makes appropriations to Culinary and Hospitality Academy of Las Vegas for design and planning of facility for vocational training in Southern Nevada and to Department of Cultural Affairs for distribution to Las Vegas Performing Arts Center Foundation for planning and design of performing arts center in City of Las Vegas. (BDR S‑42)”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 459.

    Bill read second time.

    The following amendment was proposed by the Committee on Ways and Means:

    Amendment No. 1291.

    Amend section 1, page 1, by deleting lines 2 through 4 and inserting:

“the Department of Education the sum of $1,819,375 to:

    1.  Update the Nevada Report Card software;

    2.  Develop a new criterion-referenced test for pupils in grade 8; and

    3.  Develop alternative proficiency examinations.”.

    Amend the title of the bill to read as follows:

“AN ACT making an appropriation to the Department of Education to update Nevada Report Card software and to develop certain tests and examinations; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Makes appropriation to Department of Education to update Nevada Report Card software and to develop certain tests and examinations. (BDR S‑1425)”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, re-engrossed and to third reading.

general file and third reading

    Assembly Bill No. 230.

    Bill read third time.

    The following amendment was proposed by the Committee on Ways and Means:

    Amendment No. 1276.

    Amend sec. 2, page 2, between lines 29 and 30 by inserting:

    “7.  The administrator may accept gifts and grants to assist in the operation of the stewardship program.”.

    Amend the bill as a whole by deleting sections 3 and 4 and inserting:

    “Secs. 3 and 4.  (Deleted by amendment.)”.

    Amend the title of the bill to read as follows:

“AN ACT relating to cultural resources; requiring the administrator of the office of historic preservation of the department of museums, library and arts to establish a stewardship program for the protection of cultural resources; and providing other matters properly relating thereto.”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.


    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, re-engrossed and to third reading.

    Assembly Bill No. 403.

    Bill read third time.

    The following amendment was proposed by the Committee on Ways and Means:

    Amendment No. 1274.

    Amend the bill as a whole by deleting sections 1 through 4 and adding a new section designated section 1, following the enacting clause, to read as follows:

    “Section 1.  The State Department of Conservation and Natural Resources, through the Division of Environmental Protection, shall continue to take action to develop standards for water quality for Walker Lake which recognize variable climatic conditions and the terminal lake ecology of Walker Lake, including any special habitats within Walker Lake concerning snow melt runoff and underground sources, and which are attainable and sustainable taking into account existing water rights and beneficial uses of water in the watershed upstream of Walker Lake. The State Environmental Commission shall consider the standards for water quality for Walker Lake developed by the Division of Environmental Protection in accordance with the provisions of NRS 445A.300 to 445A.730, inclusive.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to Walker Lake; requiring the State Department of Conservation and Natural Resources, through the Division of Environmental Protection, to continue to take action to develop standards for water quality for Walker Lake; requiring the State Environmental Commission to consider certain standards for water quality for Walker Lake; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY─Requires State Department of Conservation and Natural Resources to continue to take action to develop standards for water quality for Walker Lake. (BDR S-802)”.

    Assemblyman Dini moved the adoption of the amendment.

    Remarks by Assemblyman Dini.

    Amendment adopted.

    Bill ordered reprinted, re-engrossed and to third reading.

    Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 11:03 p.m.


ASSEMBLY IN SESSION

    At 11:20 p.m.

    Mr. Speaker presiding.

    Quorum present.

UNFINISHED BUSINESS

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen McClain, Carpenter and Parks as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 460.

Consideration of Senate Amendments

    Assembly Bill No. 612.

    The following Senate amendment was read:

    Amendment No. 1202.

    Amend section 1, page 1, line 18, by deleting “grant” and inserting “loan”.

    Amend section 1, page 2, line 2, by deleting “grant” and inserting “loan”.

    Amend the bill as a whole by renumbering sec. 3 as sec. 4 and adding a new section designated sec. 3, following sec. 2, to read as follows:

    “Sec. 3.  Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The Nevada office of rural health is hereby established within the University of Nevada School of Medicine.

    2.  The Nevada office of rural health shall address the need for and recommend programs concerning the delivery of health care services to rural and frontier populations. The office shall administer or coordinate, or both, programs and services which affect the delivery of health care services in rural areas including, without limitation, programs and services in the following categories:

    (a) Education and training;

    (b) Needs of special populations;

    (c) Delivery of health services; and

    (d) Financing of health care.”.

    Amend the bill as a whole by renumbering sec. 4 as sec. 6 and adding a new section designated sec. 5, following sec. 3, to read as follows:

    “Sec. 5.  1.  There is hereby appropriated from the state general fund to the Nevada Rural Health Centers, Inc., for its Carlin, Nevada, clinic the sum of $70,000.

    2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.”.

    Amend the title of the bill by deleting the third line and inserting:

“health programs that require such assistance; establishing the Nevada office of rural health within the University of Nevada School of Medicine; making appropriations; and”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes concerning rural health. (BDR 31‑1421)”.

    Assemblyman Arberry moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 612.

    Remarks by Assemblyman Arberry.

    Motion carried.

    Bill ordered transmitted to the Senate.

Recede From Assembly Amendments

    Assemblyman Anderson moved that the Assembly do not recede from its action on Senate Bill No. 421, that a conference be requested, and that Mr. Speaker appoint a first Conference Committee consisting of three members to meet with a like committee of the Senate.

    Remarks by Assemblyman Anderson.

    Motion carried.

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen Anderson, Buckley and Carpenter as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 421.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Giunchigliani moved that Senate Bill No. 518 be taken from its position on the General File and placed at the top of the General File.

    Motion carried.

general file and third reading

    Senate Bill No. 518.

    Bill read third time.

    Roll call on Senate Bill No. 518:

    Yeas—42.

    Nays—None.

    Senate Bill No. 518 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Arberry moved that the action whereby Assembly Amendment No. 1220 to Senate Bill No. 427 was adopted be rescinded.

    Motion carried.

    Assemblyman Arberry moved that all rules be suspended and the reprinting of Senate Bill No. 427 be dispensed with, the Chief Clerk be authorized to remove Amendment No. 1220, and the bill be placed on third reading and final passage.

    Motion carried unanimously.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Ways and Means, to which was referred Senate Bill No. 148, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Ways and Means, to which was referred Senate Bill No. 174, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Ways and Means, to which was referred Senate Bill No. 184, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry Jr., Chairman

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that Senate Bill No 184 be placed at the top of the General File.

    Motion carried.

general file and third reading

    Senate Bill No. 184.

    Bill read third time.

    Roll call on Senate Bill No. 184:

    Yeas—36.

    Nays—Angle, Berman, Gibbons, Leslie, Parnell, Smith—6.

    Senate Bill No. 184 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 427.

    Bill read third time.

    Roll call on Senate Bill No. 427:

    Yeas—42.

    Nays—None.

    Senate Bill No. 427 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that Senate Bill No. 445 be taken from its position on the General File and moved to the top of the General File.

    Motion carried.


general file and third reading

    Senate Bill No. 445.

    Bill read third time.

    Roll call on Senate Bill No. 445:

    Yeas—42.

    Nays—None.

    Senate Bill No. 445 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

INTRODUCTION, FIRST READING AND REFERENCE

    By Assemblymen Perkins and Buckley (emergency request of Perkins):

    Assembly Bill No. 674—AN ACT relating to elections; revising the districts from which members of the state legislature are elected; revising the districts from which representatives in congress are elected; and providing other matters properly relating thereto.

    Assemblywoman Buckley moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Assembly Bill No. 674 declared and emergency measure under the Constitution and placed on third reading and final passage.

    Remarks by Assemblywoman Buckley.

    Motion carried unanimously.

general file and third reading

    Assembly Bill No. 674.

    Bill read third time.

    Remarks by Assemblymen Giunchigliani, Dini, Hettrick, and Buckley.

    Roll call on Assembly Bill No. 674:

    Yeas—24.

    Nays—Angle, Beers, Berman, Brower, Brown, Carpenter, Cegavske, de Braga, Dini, Gibbons, Gustavson, Hettrick, Humke, Marvel, Nolan, Parnell, Tiffany, Von Tobel—18.

    Assembly Bill No. 674 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 70.

    Bill read third time.

    Roll call on Assembly Bill No. 70:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 70 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 300.

    Bill read third time.

    Roll call on Assembly Bill No. 300:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 300 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 193.

    Bill read third time.

    Roll call on Senate Bill No. 193:

    Yeas—42.

    Nays—None.

    Senate Bill No. 193 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 174.

    Bill read third time.

    Roll call on Senate Bill No. 174:

    Yeas—42.

    Nays—None.

    Senate Bill No. 174 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 94, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Senate be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA29, which is attached to and hereby made a part of this report.

 

Douglas A. Bache

Jon C. Porter

Merle Berman

Joseph Neal

John J. Lee

Terry Care

Assembly Conference Committee

Senate Conference Committee

   

    Conference Amendment No. CA 29.

    Amend section 1, page 2, line 45, by deleting “created” and inserting “established”.

    Amend sec. 14.5, page 14, by deleting line 46 and inserting:

established in the department of human resources’ gift fund.”.

    Amend sec. 14.5, page 15, line 19, by deleting:

the state general” and inserting “any other”.

    Amend the title of the bill, sixth line, by deleting “state general” and inserting:

“department of human resources’ gift”.

    Assemblyman Bache moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 94.

    Remarks by Assemblyman Bache.

    Motion carried.

Consideration of Senate Amendments

    Assembly Bill No. 179.

    The following Senate amendment was read:

    Amendment No. 803.

    Amend the bill as a whole by renumbering sec. 3 as sec. 4 and adding a new section designated sec. 3, following sec. 2, to read as follows:

    “Sec. 3.  Section 3 of Assembly Bill No. 101 of this session is hereby amended to read as follows:

    Sec. 3.  NRS 268.597 is hereby amended to read as follows:

    268.597  1.  As an alternative to the procedures for annexation set forth in NRS 268.578 to 268.596, inclusive, the governing body of a city may , subject to the provisions of section 1 of this act, annex territory:

    (a) That meets the requirements of subsection 2 of NRS 268.580 if all of the owners of record of individual lots or parcels of land within the territory sign a petition requesting the governing body to annex the territoryto the city;

    (b) That, on January 1, 2001, was undeveloped land and was bounded on at least 75 percent of its aggregate external boundaries by the existing corporate boundaries of the annexing city, if the governing body provides or will provide, within a reasonable period, municipal services to the territory that are substantially equivalent to the municipal services provided by the governing body to any area of the city; or

    (c) That is undeveloped land and is bounded on at least 75 percent of its aggregate external boundaries by the existing corporate boundaries of the annexing city and for which the governing body has received a written statement from a governmental entity indicating that the governmental entity:

        (1) Owns the territory; and

        (2) Does not object to the annexation of that territory by the governing body.

    2.  If:

    (a) A petition specified in paragraph (a) of subsection 1is accepted by the governing body;

    (b) The territory proposed for annexation meets the requirements of paragraph (b) of subsection 1; or

    (c) The governing body receives a written statement from a governmental entity pursuant to the provisions of paragraph (c) of subsection 1,

 

 
the governing body may proceed to adopt an ordinance annexing the territoryand to take such other action thatis appropriate to accomplish the annexation.

    3.  As used in this section, “municipal services” includes, without limitation:

    (a) Water;

    (b) Sewerage;

    (c) Police protection;

    (d) Fire protection;

    (e) Parks;

    (f) Maintenance of streets; and

    (g) Master planning for:

        (1) The development and use of land;

        (2) The provision of water and sewerage by the governing body; or

        (3) The construction of regional infrastructure, including systems for the control of floods and street and utility projects.”.

    Assemblyman Bache moved that the Assembly concur in the Senate Amendment No. 803 to Assembly Bill No. 179.

    Remarks by Assemblyman Bache.

    Motion carried by a constitutional majority.

    The following Senate amendment was read:

    Amendment No. 1048.

    Amend sec. 2, page 3, line 9, by deleting “may” and inserting:

“may, subject to the provisions of section 1 of Assembly Bill No. 101 of this [act,] session,”.

    Amend sec. 2, page 3, line 19, by deleting “city; or” and inserting:

city and the governing body does not, on or before October 1, 2001, enter into a cooperative agreement with the governing body of the governmental entity within whose boundaries the territory is located which provides for the cooperation of the parties to the agreement concerning issues of land use and boundaries of that territory; or”.

    Amend the bill as a whole by deleting sec. 3 and renumbering sec. 4 as sec. 3.

    Amend sec. 4, page 5, by deleting line 5 and inserting:

    “Sec. 3.  1.  This section and section 1 of this act become effective on July 1, 2001.

    2.  Section 2 of this act becomes effective at 12:01 a.m. on October 1, 2001.”.

    Assemblyman Bache moved that the Assembly concur in the Senate Amendment No. 1048 to Assembly Bill No. 179.

    Remarks by Assemblyman Bache.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 564.

    The following Senate amendment was read:

    Amendment No. 1228.

    Amend section 1, page 2, line 2, by deleting “shall” and inserting “may”.

    Amend section 1, page 2, by deleting lines 32 through 39 and inserting:

    “[(g)] (h) Appoint an independent certified public accountant. The accountant shall:

        (1) Provide anannual audit of the program; and

        (2) Report to the board and the interim retirement and benefits committee of the legislature created pursuant to NRS 218.5373.

    [(h)] (i) Appoint an attorney who specializes in employee benefits. The attorney shall:

        (1) Perform a biennial review of the program to determine whether the program complies with federal and state laws relating to taxes and employee benefits; and

        (2) Report to the board and the interim retirement and benefits committee of the legislature created pursuant to NRS 218.5373.”.

    Amend section 1, page 3, line 15, by deleting:

“state employee pursuant to this title” and inserting “public employee”.

    Amend sec. 2, page 3, line 37, by deleting “unless provision” and inserting:

unless:

    (a) Provision”.

    Amend sec. 2, page 3, between lines 40 and 41, by inserting:

    “(b) The rates set forth in the contract are based on the commingled claims experience of active and retired state officers and employees and their dependents.”.

    Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 564.

    Remarks by Assemblyman Bache.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 378.

    The following Senate amendment was read:

    Amendment No. 1237.

    Amend section 1, page 1, by deleting lines 1 through 10 and inserting:

    “Section 1.  1.  There is hereby appropriated from the interest earned on the trust fund for public health created pursuant to NRS 439.605, as determined on July 1, 2001, to the Interim Finance Committee an amount equal to 25 percent of the available interest that has been earned on the trust fund, as determined on July 1, 2001, or the sum of $250,000, whichever is less. If the Interim Finance Committee approves the policy established by the Board of Regents of the University of Nevada pursuant to subsection 2, the Interim Finance Committee shall distribute the money appropriated by this subsection to the Board of Regents for the financial support of the program to provide loans to nursing students pursuant to NRS 396.890 to 396.898, inclusive.

    2.  Notwithstanding the provisions of NRS 396.890 to 396.898, inclusive, to the contrary, the Board of Regents shall establish a policy for administration of the loans pursuant to this section. The policy must include, without limitation:

    (a) The criteria for eligibility for receipt of a loan pursuant to this section;

    (b) The manner by which eligible students may apply for a loan;

    (c) The procedures for monitoring the repayment of a loan; and

    (d) A requirement that all payments of principal and interest on all loans made pursuant to this section must be deposited in the trust fund for public health created pursuant to NRS 439.605.

    3.  The Board of Regents shall submit the policy established pursuant to subsection 2 to the Interim Finance Committee for approval. If the Interim Finance Committee approves the policy, the Interim Finance Committee shall distribute the money appropriated by subsection 1 to the Board of Regents.

    4.  If the money appropriated by subsection 1 is distributed to the Board of Regents, the Board of Regents shall use the money to provide loans for fees, books and living expenses pursuant to the:

    (a) Policy approved by the Interim Finance Committee pursuant to subsection 3; and

    (b) Provisions of NRS 396.890 to 396.898, inclusive, to the extent that those provisions do not conflict with the policy approved by the Interim Finance Committee,

 

 
to students who are enrolled in”.

    Amend section 1, page 2, line 3, by deleting “3.” and inserting “5.”.

    Assemblywoman Freeman moved that the Assembly concur in the Senate amendment to Assembly Bill No. 378.

    Remarks by Assemblywoman Freeman.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that the action whereby the Assembly refused to concur in Senate Amendment No. 1234 to Assembly Bill No. 460 be rescinded.

    Motion carried.

UNFINISHED BUSINESS

Consideration of Senate Amendments

    Assembly Bill No. 460.

    The following Senate amendment was read:

    Amendment No. 1234.

    Amend the bill as a whole by renumbering sections 1 and 2 as sections 10 and 11 and adding new sections designated sections 1 through 9, following the enacting clause, to read as follows:

    “Section 1.  Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

    Sec. 2.  As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, “committee” means the legislative committee on transportation.

    Sec. 3.  1.  There is hereby created a legislative committee on transportation. The committee consists of:

    (a) Four members appointed by the majority leader of the senate, at least two of whom must have served on the senate standing committee which had jurisdiction of issues relating to transportation during the immediately preceding session of the legislature.

    (b) Four members appointed by the speaker of the assembly, at least two of whom must have served on the assembly standing committee which had jurisdiction of issues relating to transportation during the immediately preceding session of the legislature.

    2.  The members of the committee shall elect a chairman and vice chairman from among their members. The chairman must be elected from one house of the legislature and the vice chairman from the other house. After the initial election of a chairman and vice chairman, each of those officers holds office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the chairmanship or vice chairmanship, the members of the committee shall elect a replacement for the remainder of the unexpired term.

    3.  Any member of the committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the convening of the next session of the legislature.

    4.  Vacancies on the committee must be filled in the same manner as the original appointments.

    Sec. 4.  1.  The members of the committee shall meet at least quarterly and at the times and places specified by a call of the chairman. The director of the legislative counsel bureau or a person he has designated shall act as the nonvoting recording secretary. Five members of the committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the committee.

    2.  Except during a regular or special session of the legislature, the members of the committee are entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session, the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207 for each day or portion of a day of attendance at a meeting of the committee and while engaged in the business of the committee. The salaries and expenses of the members of the committee and any other expenses incurred by the committee in carrying out its duties must be paid from the state general fund from the money received from short-term lessors pursuant to NRS 482.313, except that the maximum amount that may be paid each fiscal year pursuant to this subsection must not exceed $25,000. All claims pursuant to this subsection must be paid as other claims against the state are paid.

    Sec. 5.  The committee may:

    1.  Evaluate, review and comment upon issues related to transportation within this state.

    2.  Monitor the money deposited in, and any expenditures made from:

    (a) The state highway fund; and

    (b) The state general fund or any other fund, to the extent that the money deposited in the funds or expenditures made from the funds, or both, are related to transportation.

    3.  Consult with and make recommendations to the board of directors of the department of transportation on matters concerning transportation within this state.

    4.  Conduct investigations and hold hearings in connection with carrying out its duties pursuant to this section.

    5.  Direct the legislative counsel bureau to assist in its research, investigations, hearings and reviews.

    6.  Recommend to the legislature as a result of the activities of the committee any appropriate state legislation or corrective federal legislation.

    Sec. 6.  Each witness who appears before the committee by its order, except a state officer or employee, is entitled to receive for his attendance the fees and mileage provided for witnesses in civil cases in the courts of record of this state. The fees and mileage must be audited and paid upon the presentation of proper claims sworn to by the witness and approved by the chairman of the committee.

    Sec. 7.  1.  If the committee conducts investigations or holds hearings pursuant to subsection 4 of section 5 of this act:

    (a) The secretary of the committee or, in his absence, a member designated by the committee may administer oaths.

    (b) The secretary or chairman of the committee may cause the deposition of witnesses, residing either within or outside this state, to be taken in the manner prescribed by rule of court for taking depositions in civil actions in the district courts.

    (c) The chairman of the committee, upon recommendation of a majority of the members of the committee, may issue subpoenas to compel the attendance of witnesses and the production of books and papers.

    2.  If a witness refuses to attend or testify or produce books or papers as required by the subpoena, the chairman of the committee may report to the district court by a petition which sets forth that:

    (a) Due notice has been given of the time and place of attendance of the witness or the production of the books or papers;

    (b) The witness has been subpoenaed by the committee pursuant to this section; and

    (c) The witness has failed or refused to attend or produce the books or papers required by the subpoena before the committee, or has refused to answer questions propounded to him.

 

 
The petition may request an order of the court compelling the witness to attend and testify or produce the books and papers before the committee.

    3.  Upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and to show cause why he has not attended or testified or produced the books or papers before the committee. A certified copy of the order must be served upon the witness.

    4.  If it appears to the court that the subpoena was regularly issued by the chairman of the committee, upon recommendation of a majority of the members of the committee, the court shall enter an order that the witness appear before the committee at the time and place fixed in the order and testify or produce the required books or papers. Failure to obey the order constitutes contempt of court.

    Sec. 8.  NRS 408.100 is hereby amended to read as follows:

    408.100  Recognizing that safe and efficient highway transportation is a matter of important interest to all the people of the state, and that an adequate highway system is a vital part of the national defense, the legislature hereby determines and declares that:

    1.  An integrated system of state highways and roads is essential to the general welfare of the state.

    2.  Providing such a system of facilities, its efficient management, maintenance and control is recognized as a problem and as the proper prospective of highway legislation.

    3.  Inadequate highways and roads obstruct the free flow of traffic, resulting in undue cost of motor vehicle operation, endangering the health and safety of the citizens of the state, depreciating property values, and impeding general economic and social progress of the state.

    4.  In designating the highways and roads of the state as provided in this chapter, the legislature places a high degree of trust in the hands of those officials whose duty it is, within the limits of available funds, to plan, develop, operate, maintain, control and protect the highways and roads of this state, for present as well as for future use.

    5.  To this end, it is the express intent of the legislature to make the board [of directors of the department of transportation] , in consultation with the legislative committee on transportation created pursuant to section 3 of this act, custodian of the state highways and roads and to provide sufficiently broad authority to enable the board to function adequately and efficiently in all areas of appropriate jurisdiction, subject to the limitations of the constitution and the legislative mandate proposed in this chapter.

    6.  The legislature intends:

    (a) To declare, in general terms, the powers and duties of the board , [of directors,] leaving specific details to be determined by reasonable regulations and declarations of policy which the board may promulgate.

    (b) By general grant of authority to the board [of directors] to delegate sufficient power and authority to enable the board to carry out , in consultation with the legislative committee on transportation created pursuant to section 3 of this act, the broad objectives contained in this chapter.

    7.  The problem of establishing and maintaining adequate highways and roads, eliminating congestion, reducing accident frequency and taking all necessary steps to ensure safe and convenient transportation on these public ways is no less urgent.

    8.  The legislature hereby finds, determines and declares that this chapter is necessary for the preservation of the public safety, the promotion of the general welfare, the improvement and development of facilities for transportation in the state, and other related purposes necessarily included therein, and as a contribution to the system of national defense.

    9.  The words “construction,” “maintenance” and “administration” used in section 5 of Article 9 of the constitution of the State of Nevada are broad enough to be construed to include and as contemplating the construction, maintenance and administration of the state highways and roads as established by this chapter and the landscaping, roadside improvements and planning surveys of the state highways and roads.

    Sec. 9.  NRS 408.203 is hereby amended to read as follows:

    408.203  The director shall:

    1.  Compile a comprehensive report outlining the requirements for the construction and maintenance of highways for the next 10 years, including anticipated revenues and expenditures of the department, and submit it to the legislative committee on transportation created pursuant to section 3 of this act and to the director of the legislative counsel bureau for transmittal to the chairmen of the senate and assembly standing committees on transportation.

    2.  Compile a comprehensive report of the requirements for the construction and maintenance of highways for the next 3 years, including anticipated revenues and expenditures of the department, no later than October 1 of each even-numbered year, and submit it to the legislative committee on transportation created pursuant to section 3 of this act and to the director of the legislative counsel bureau for transmittal to the chairmen of the senate and assembly standing committees on transportation.

    3.  Report to the legislature by February 1 of odd-numbered years the progress being made in the department’s 12-year plan for the resurfacing of state highways. The report must include an accounting of revenues and expenditures in the preceding 2 fiscal years, a list of the projects which have been completed, including mileage and cost, and an estimate of the adequacy of projected revenues for timely completion of the plan.”.

    Amend section 1, page 1, line 3, by deleting “shall” and inserting:

[shall] :

    (a) Shall”.

    Amend section 1, page 1, by deleting line 6 and inserting:

“governmental entity.

    (b) May charge and collect from the short-term lessee a fee of 3.5 percent of the total amount for which the passenger car was leased, excluding any taxes or other fees imposed by a governmental entity, as reimbursement for vehicle licensing fees and taxes paid by the short-term lessor.

 

 
The amount of [the] any fee charged pursuant to this subsection must be indicated in the lease agreement.”.

    Amend section 1, pages 1 and 2, by deleting lines 20 and 21 on page 1 and lines 1 through 13 on page 2, and inserting:

    “(b) Remit to the department of taxation [:

    (1) One third of] the fees collected by the short-term lessor pursuant to paragraph (a) of subsection 1 during the immediately preceding [year pursuant to this section; and

    (2) Of the remainder of those fees, any amount in excess of the total amount of vehicle licensing fees and taxes paid by the short-term lessor during the immediately preceding year pursuant to this chapter.]calendar quarter.”.

    Amend section 1, page 2, line 14, by deleting “4.” and inserting “3.”.

    Amend section 1, page 2, line 17, by deleting “[4.] 5.” and inserting “4.”.

    Amend section 1, page 2, line 19, by deleting “[5.] 6.” and inserting “5.”.

    Amend section 1, page 2, line 21, by deleting “[6.] 7.” and inserting “6.”.

    Amend section 1, page 2, line 25, by deleting “[7.] 8.” and inserting “7.”.

    Amend sec. 2, page 2, line 31, by deleting “1” and inserting “10”.

    Amend the bill as a whole by deleting sec. 3 and adding new sections designated sections 12 and 13, following sec. 2, to read as follows:

    “Sec. 12.  The legislative committee on transportation created pursuant to section 3 of this act shall:

    1.  Monitor and evaluate the effects of the amendatory provisions of section 10 of this act; and

    2.  On or before January 31 of each odd-numbered year, submit a report of its evaluation to the director of the legislative counsel bureau for transmittal to the next regular session of the legislature.

    Sec. 13.  1.  This section and sections 1 to 9, inclusive, of this act become effective on July 1, 2001.

    2.  Sections 10, 11 and 12 of this act become effective on January 1, 2002.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to transportation; creating the legislative committee on transportation; prescribing the membership, powers and duties of the committee; revising certain provisions concerning the board of directors of the department of transportation; revising provisions governing the remittance of fees by short-term lessors of passenger cars to the department of taxation; authorizing short-term lessors of passenger cars to charge a fee as reimbursement for payment of vehicle licensing fees and taxes; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Creates legislative committee on transportation and revises provisions governing fees collected by short-term lessors of passenger cars. (BDR 17‑589)”.

    Assemblywoman Buckley moved that the Assembly concur in the Senate amendment to Assembly Bill No. 460.

    Remarks by Assemblywoman Buckley.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, June 4, 2001

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bill No. 577.

                                                                                    Mary Jo Mongelli

                                                                                Assistant Secretary of the Senate

UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 577, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Assembly be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA41, which is attached to and hereby made a part of this report.

 

Bernie Anderson

Mark A. James

Greg Brower

Mark Amodei

John Oceguera

Terry Care

Assembly Conference Committee

Senate Conference Committee

 

    Conference Amendment No. CA41.

    Amend section 1, page 1, by deleting lines 5 through 9 and inserting:

liability of the corporation, unless the stockholder, director or officer acts as the alter ego of the corporation.”.

    Amend section 1, page 2, by deleting line 2 and inserting:

sanction fraud or promote a manifest injustice.

    3.  The question of whether a stockholder, director or officer acts as the alter ego of a corporation must be determined by the court as a matter of law.”.

    Amend sec. 3, page 3, line 33, by deleting “78.300,”.

    Amend sec. 3, page 3, line 39, by deleting:

officer; or” and inserting:

officer; and”.

    Amend sec. 8, page 5, by deleting line 36 and inserting:

    “Sec. 8.  NRS 78.300 is hereby amended to read as follows:

    78.300  1.  The directors of a corporation shall not make distributions to stockholders except as provided by this chapter.

    2.  [In] Except as otherwise provided in subsection 3 and NRS 78.138, in case of any [willful or grossly negligent] violation of the provisions of this section, the directors under whose administration the violation occurred[, except those who caused their dissent to be entered upon the minutes of the meeting of the directors at the time, or who not then being present caused their dissent to be entered on learning of such action,] are jointly and severally liable, at any time within 3 years after each violation, to the corporation, and, in the event of its dissolution or insolvency, to its creditors at the time of the violation, or any of them, to the lesser of the full amount of the distribution made or of any loss sustained by the corporation by reason of the distribution to stockholders.

    3.  The liability imposed pursuant to subsection 2 does not apply to a director who caused his dissent to be entered upon the minutes of the meeting of the directors at the time the action was taken or who was not present at the meeting and caused his dissent to be entered on learning of the action.”.

    Amend sec. 54, page 30, line 35, by deleting “[$75.] $150.” and inserting “$75.”.

    Amend sec. 60, page 32, line 35, after “3,” by inserting “8,”.

    Amend sec. 63, page 33, line 9, after “3,” by inserting “8,”.

    Assemblywoman Buckley moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 577.

    Remarks by Assemblywoman Buckley.

    Motion carried.

Mr. Speaker:

    The second Conference Committee concerning Assembly Bill No. 653, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Senate be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA38, which is attached to and hereby made a part of this report.

 

David E. Goldwater

Mike McGinness

Bernie Anderson

Randolph J. Townsend

David Brown

Joseph Neal

Assembly Conference Committee

Senate Conference Committee

   

    Conference Amendment No. CA38.

    Amend section 1, page 1, by deleting lines 10 through 12 and inserting:

“to NRS 360.670 an amount from the account that is”.

    Amend section 1, pages 1 and 2, by deleting lines 19 and 20 on page 1 and lines 1 through 5 on page 2.

    Amend the bill as a whole by deleting sections 2 and 2.5 and adding new sections designated sections 2 through 2.7, following section 1, to read as follows:

    “Sec. 2.  NRS 360.690 is hereby amended to read as follows:

    360.690  1.  Except as otherwise provided in NRS 360.730, the executive director shall estimate monthly the amount each local government, special district and enterprise district will receive from the account pursuant to the provisions of this section.

    2.  The executive director shall establish a base monthly allocation for each local government, special district and enterprise district by dividing the amount determined pursuant to NRS 360.680 for each local government, special district and enterprise district by 12 and the state treasurer shall, except as otherwise provided in subsections 3, 4 and 5, remit monthly that amount to each local government, special district and enterprise district.

    3.  If, after making the allocation to each enterprise district for the month, the executive director determines there is not sufficient money available in the county’s subaccount in the account to allocate to each local government and special district the base monthly allocation determined pursuant to subsection 2, he shall prorate the money in the county’s subaccount and allocate to each local government and special district an amount equal to the percentage of the amount that the local government or special district received from the total amount which was distributed to all local governments and special districts within the county for the fiscal year immediately preceding the year in which the allocation is made. The state treasurer shall remit that amount to the local government or special district.

    4.  Except as otherwise provided in subsection 5, if the executive director determines that there is money remaining in the county’s subaccount in the account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, he shall immediately determine and allocate each:

    (a) Local government’s share of the remaining money by:

        (1) Multiplying one-twelfth of the sum of:

            (I) Twenty-five percent of the amount allocated pursuant to NRS 360.680 multiplied by [one plus] the sum of the [:

            (I) Percentage] average percentage of change in the population of the local government for the fiscal year immediately preceding the year in which the allocation is made and the 4 fiscal years immediately preceding the year in which the allocation is made, as certified by the governor pursuant to NRS 360.285 , except as otherwise provided in subsection 6 [; and

            (II) Average] , and the average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

            (II) Seventy-five percent of the amount allocated pursuant to NRS 360.680 multiplied by one plus the sum of the average percentage of change in the population of the local government for the fiscal year immediately preceding the year in which the allocation is made and the 4 fiscal years immediately preceding the year in which the allocation is made, as certified by the governor pursuant to NRS 360.285, except as otherwise provided in subsection 6, and the average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

        (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and

    (b) Special district’s share of the remaining money by:

        (1) Multiplying one-twelfth of the sum of:

            (I) Twenty-five percent of the amount allocated pursuant to NRS 360.680 multiplied by [one plus] the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the 5 fiscal years immediately preceding the year in which the allocation is made; and

            (II) Seventy-five percent of the amount allocated pursuant to NRS 360.680 multiplied by one plus the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the 5 fiscal years immediately preceding the year in which the allocation is made; and

        (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.

 

 
The state treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.

    5.  The executive director shall not allocate any amount to a local government or special district pursuant to subsection 4, unless the amount distributed and allocated to each of the local governments and special districts in the county in each preceding month of the fiscal year in which the allocation is to be made was at least equal to the base monthly allocation determined pursuant to subsection 2. If the amounts distributed to the local governments and special districts in the county for the preceding months of the fiscal year in which the allocation is to be made were less than the base monthly allocation determined pursuant to subsection 2 and the executive director determines there is money remaining in the county’s subaccount in the account after the distribution for the month has been made, he shall:

    (a) Determine the amount by which the base monthly allocations determined pursuant to subsection 2 for each local government and special district in the county for the preceding months of the fiscal year in which the allocation is to be made exceeds the amounts actually received by the local governments and special districts in the county for the same period; and

    (b) Compare the amount determined pursuant to paragraph (a) to the amount of money remaining in the county’s subaccount in the account to determine which amount is greater.

 

 
If the executive director determines that the amount determined pursuant to paragraph (a) is greater, he shall allocate the money remaining in the county’s subaccount in the account pursuant to the provisions of subsection 3. If the executive director determines that the amount of money remaining in the county’s subaccount in the account is greater, he shall first allocate the money necessary for each local government and special district to receive the base monthly allocation determined pursuant to subsection 2 and the state treasurer shall remit that money so allocated. The executive director shall allocate any additional money in the county’s subaccount in the account pursuant to the provisions of subsection 4.

    6.  The percentage change calculated pursuant to paragraph (a) of subsection 4 must:

    (a) If the Bureau of the Census of the United States Department of Commerce issues population totals that conflict with the totals certified by the governor pursuant to NRS 360.285, be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.

    (b) If a new method of determining population is established pursuant to NRS 360.283, be adjusted in a manner that will result in the percentage change being based on population determined pursuant to the new method for both the fiscal year in which the allocation is made and the fiscal year immediately preceding the year in which the allocation is made.

    7.  On or before February 15 of each year, the executive director shall provide to each local government, special district and enterprise district a preliminary estimate of the revenue it will receive from the account for that fiscal year.

    8.  On or before March 15 of each year, the executive director shall:

    (a) Make an estimate of the receipts from each tax included in the account on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles, including an estimate for each county of the receipts from each tax included in the account; and

    (b) Provide to each local government, special district and enterprise district an estimate of the amount that local government, special district or enterprise district would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.

    9.  A local government, special district or enterprise district may use the estimate provided by the executive director pursuant to subsection 8 in the preparation of its budget.

    Sec. 2.3.  NRS 360.690 is hereby amended to read as follows:

    360.690  1.  Except as otherwise provided in NRS 360.730, the executive director shall estimate monthly the amount each local government, special district and enterprise district will receive from the account pursuant to the provisions of this section.

    2.  The executive director shall establish a base monthly allocation for each local government, special district and enterprise district by dividing the amount determined pursuant to NRS 360.680 for each local government, special district and enterprise district by 12 and the state treasurer shall, except as otherwise provided in subsections 3, 4 and 5, remit monthly that amount to each local government, special district and enterprise district.

    3.  If, after making the allocation to each enterprise district for the month, the executive director determines there is not sufficient money available in the county’s subaccount in the account to allocate to each local government and special district the base monthly allocation determined pursuant to subsection 2, he shall prorate the money in the county’s subaccount and allocate to each local government and special district an amount equal to the percentage of the amount that the local government or special district received from the total amount which was distributed to all local governments and special districts within the county for the fiscal year immediately preceding the year in which the allocation is made. The state treasurer shall remit that amount to the local government or special district.

    4.  Except as otherwise provided in subsection 5, if the executive director determines that there is money remaining in the county’s subaccount in the account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, he shall immediately determine and allocate each:

    (a) Local government’s share of the remaining money by:

        (1) Multiplying one-twelfth of the sum of:

            (I) Fifty percent of the amount allocated pursuant to NRS 360.680 multiplied by [one plus] the sum of the [:

            (I) Percentage] average percentage of change in the population of the local government for the fiscal year immediately preceding the year in which the allocation is made and the 4 fiscal years immediately preceding the year in which the allocation is made, as certified by the governor pursuant to NRS 360.285 , except as otherwise provided in subsection 6 [; and

            (II) Average] , and the average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

            (II) Fifty percent of the amount allocated pursuant to NRS 360.680 multiplied by one plus the sum of the average percentage of change in the population of the local government for the fiscal year immediately preceding the year in which the allocation is made and the 4 fiscal years immediately preceding the year in which the allocation is made, as certified by the governor pursuant to NRS 360.285, except as otherwise provided in subsection 6, and the average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

        (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and

    (b) Special district’s share of the remaining money by:

        (1) Multiplying one-twelfth of the sum of:

            (I) Fifty percent of the amount allocated pursuant to NRS 360.680 multiplied by [one plus] the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the 5 fiscal years immediately preceding the year in which the allocation is made; and

            (II) Fifty percent of the amount allocated pursuant to NRS 360.680 multiplied by one plus the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the 5 fiscal years immediately preceding the year in which the allocation is made; and

        (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.

 

 
The state treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.

    5.  The executive director shall not allocate any amount to a local government or special district pursuant to subsection 4, unless the amount distributed and allocated to each of the local governments and special districts in the county in each preceding month of the fiscal year in which the allocation is to be made was at least equal to the base monthly allocation determined pursuant to subsection 2. If the amounts distributed to the local governments and special districts in the county for the preceding months of the fiscal year in which the allocation is to be made were less than the base monthly allocation determined pursuant to subsection 2 and the executive director determines there is money remaining in the county’s subaccount in the account after the distribution for the month has been made, he shall:

    (a) Determine the amount by which the base monthly allocations determined pursuant to subsection 2 for each local government and special district in the county for the preceding months of the fiscal year in which the allocation is to be made exceeds the amounts actually received by the local governments and special districts in the county for the same period; and

    (b) Compare the amount determined pursuant to paragraph (a) to the amount of money remaining in the county’s subaccount in the account to determine which amount is greater.

 

 
If the executive director determines that the amount determined pursuant to paragraph (a) is greater, he shall allocate the money remaining in the county’s subaccount in the account pursuant to the provisions of subsection 3. If the executive director determines that the amount of money remaining in the county’s subaccount in the account is greater, he shall first allocate the money necessary for each local government and special district to receive the base monthly allocation determined pursuant to subsection 2 and the state treasurer shall remit that money so allocated. The executive director shall allocate any additional money in the county’s subaccount in the account pursuant to the provisions of subsection 4.

    6.  The percentage change calculated pursuant to paragraph (a) of subsection 4 must:

    (a) If the Bureau of the Census of the United States Department of Commerce issues population totals that conflict with the totals certified by the governor pursuant to NRS 360.285, be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.

    (b) If a new method of determining population is established pursuant to NRS 360.283, be adjusted in a manner that will result in the percentage change being based on population determined pursuant to the new method for both the fiscal year in which the allocation is made and the fiscal year immediately preceding the year in which the allocation is made.

    7.  On or before February 15 of each year, the executive director shall provide to each local government, special district and enterprise district a preliminary estimate of the revenue it will receive from the account for that fiscal year.

    8.  On or before March 15 of each year, the executive director shall:

    (a) Make an estimate of the receipts from each tax included in the account on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles, including an estimate for each county of the receipts from each tax included in the account; and

    (b) Provide to each local government, special district and enterprise district an estimate of the amount that local government, special district or enterprise district would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.

    9.  A local government, special district or enterprise district may use the estimate provided by the executive director pursuant to subsection 8 in the preparation of its budget.

    Sec. 2.5.  NRS 360.690 is hereby amended to read as follows:

    360.690  1.  Except as otherwise provided in NRS 360.730, the executive director shall estimate monthly the amount each local government, special district and enterprise district will receive from the account pursuant to the provisions of this section.

    2.  The executive director shall establish a base monthly allocation for each local government, special district and enterprise district by dividing the amount determined pursuant to NRS 360.680 for each local government, special district and enterprise district by 12 and the state treasurer shall, except as otherwise provided in subsections 3, 4 and 5, remit monthly that amount to each local government, special district and enterprise district.

    3.  If, after making the allocation to each enterprise district for the month, the executive director determines there is not sufficient money available in the county’s subaccount in the account to allocate to each local government and special district the base monthly allocation determined pursuant to subsection 2, he shall prorate the money in the county’s subaccount and allocate to each local government and special district an amount equal to the percentage of the amount that the local government or special district received from the total amount which was distributed to all local governments and special districts within the county for the fiscal year immediately preceding the year in which the allocation is made. The state treasurer shall remit that amount to the local government or special district.

    4.  Except as otherwise provided in subsection 5, if the executive director determines that there is money remaining in the county’s subaccount in the account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, he shall immediately determine and allocate each:

    (a) Local government’s share of the remaining money by:

        (1) Multiplying one-twelfth of the sum of:

            (I) Seventy-five percent of the amount allocated pursuant to NRS 360.680 multiplied by [one plus] the sum of the [:

            (I) Percentage] average percentage of change in the population of the local government for the fiscal year immediately preceding the year in which the allocation is made and the 4 fiscal years immediately preceding the year in which the allocation is made, as certified by the governor pursuant to NRS 360.285 , except as otherwise provided in subsection 6 [; and

            (II) Average] , and the average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

            (II) Twenty-five percent of the amount allocated pursuant to NRS 360.680 multiplied by one plus the sum of the average percentage of change in the population of the local government for the fiscal year immediately preceding the year in which the allocation is made and the 4 fiscal years immediately preceding the year in which the allocation is made, as certified by the governor pursuant to NRS 360.285, except as otherwise provided in subsection 6, and the average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

        (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and

    (b) Special district’s share of the remaining money by:

        (1) Multiplying one-twelfth of the sum of:

            (I) Seventy-five percent of the amount allocated pursuant to NRS 360.680 multiplied by [one plus] the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the 5 fiscal years immediately preceding the year in which the allocation is made; and

            (II) Twenty-five percent of the amount allocated pursuant to NRS 360.680 multiplied by one plus the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the 5 fiscal years immediately preceding the year in which the allocation is made; and

        (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.

 

 
The state treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.

    5.  The executive director shall not allocate any amount to a local government or special district pursuant to subsection 4, unless the amount distributed and allocated to each of the local governments and special districts in the county in each preceding month of the fiscal year in which the allocation is to be made was at least equal to the base monthly allocation determined pursuant to subsection 2. If the amounts distributed to the local governments and special districts in the county for the preceding months of the fiscal year in which the allocation is to be made were less than the base monthly allocation determined pursuant to subsection 2 and the executive director determines there is money remaining in the county’s subaccount in the account after the distribution for the month has been made, he shall:

    (a) Determine the amount by which the base monthly allocations determined pursuant to subsection 2 for each local government and special district in the county for the preceding months of the fiscal year in which the allocation is to be made exceeds the amounts actually received by the local governments and special districts in the county for the same period; and

    (b) Compare the amount determined pursuant to paragraph (a) to the amount of money remaining in the county’s subaccount in the account to determine which amount is greater.

 

 
If the executive director determines that the amount determined pursuant to paragraph (a) is greater, he shall allocate the money remaining in the county’s subaccount in the account pursuant to the provisions of subsection 3. If the executive director determines that the amount of money remaining in the county’s subaccount in the account is greater, he shall first allocate the money necessary for each local government and special district to receive the base monthly allocation determined pursuant to subsection 2 and the state treasurer shall remit that money so allocated. The executive director shall allocate any additional money in the county’s subaccount in the account pursuant to the provisions of subsection 4.

    6.  The percentage change calculated pursuant to paragraph (a) of subsection 4 must:

    (a) If the Bureau of the Census of the United States Department of Commerce issues population totals that conflict with the totals certified by the governor pursuant to NRS 360.285, be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.

    (b) If a new method of determining population is established pursuant to NRS 360.283, be adjusted in a manner that will result in the percentage change being based on population determined pursuant to the new method for both the fiscal year in which the allocation is made and the fiscal year immediately preceding the year in which the allocation is made.

    7.  On or before February 15 of each year, the executive director shall provide to each local government, special district and enterprise district a preliminary estimate of the revenue it will receive from the account for that fiscal year.

    8.  On or before March 15 of each year, the executive director shall:

    (a) Make an estimate of the receipts from each tax included in the account on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles, including an estimate for each county of the receipts from each tax included in the account; and

    (b) Provide to each local government, special district and enterprise district an estimate of the amount that local government, special district or enterprise district would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.

    9.  A local government, special district or enterprise district may use the estimate provided by the executive director pursuant to subsection 8 in the preparation of its budget.

    Sec. 2.7.  NRS 360.690 is hereby amended to read as follows:

    360.690  1.  Except as otherwise provided in NRS 360.730, the executive director shall estimate monthly the amount each local government, special district and enterprise district will receive from the account pursuant to the provisions of this section.

    2.  The executive director shall establish a base monthly allocation for each local government, special district and enterprise district by dividing the amount determined pursuant to NRS 360.680 for each local government, special district and enterprise district by 12 and the state treasurer shall, except as otherwise provided in subsections 3, 4 and 5, remit monthly that amount to each local government, special district and enterprise district.

    3.  If, after making the allocation to each enterprise district for the month, the executive director determines there is not sufficient money available in the county’s subaccount in the account to allocate to each local government and special district the base monthly allocation determined pursuant to subsection 2, he shall prorate the money in the county’s subaccount and allocate to each local government and special district an amount equal to the percentage of the amount that the local government or special district received from the total amount which was distributed to all local governments and special districts within the county for the fiscal year immediately preceding the year in which the allocation is made. The state treasurer shall remit that amount to the local government or special district.

    4.  Except as otherwise provided in subsection 5, if the executive director determines that there is money remaining in the county’s subaccount in the account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, he shall immediately determine and allocate each:

    (a) Local government’s share of the remaining money by:

        (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by [one plus] the sum of the:

            (I) [Percentage] Average percentage of change in the population of the local government for the fiscal year immediately preceding the year in which the allocation is made and the 4 fiscal years immediately preceding the year in which the allocation is made, as certified by the governor pursuant to NRS 360.285 except as otherwise provided in subsection 6; and

            (II) Average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

        (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and

    (b) Special district’s share of the remaining money by:

        (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by [one plus] the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the 5 fiscal years immediately preceding the year in which the allocation is made; and

        (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.

 

 
The state treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.

    5.  The executive director shall not allocate any amount to a local government or special district pursuant to subsection 4, unless the amount distributed and allocated to each of the local governments and special districts in the county in each preceding month of the fiscal year in which the allocation is to be made was at least equal to the base monthly allocation determined pursuant to subsection 2. If the amounts distributed to the local governments and special districts in the county for the preceding months of the fiscal year in which the allocation is to be made were less than the base monthly allocation determined pursuant to subsection 2 and the executive director determines there is money remaining in the county’s subaccount in the account after the distribution for the month has been made, he shall:

    (a) Determine the amount by which the base monthly allocations determined pursuant to subsection 2 for each local government and special district in the county for the preceding months of the fiscal year in which the allocation is to be made exceeds the amounts actually received by the local governments and special districts in the county for the same period; and

    (b) Compare the amount determined pursuant to paragraph (a) to the amount of money remaining in the county’s subaccount in the account to determine which amount is greater.

 

 
If the executive director determines that the amount determined pursuant to paragraph (a) is greater, he shall allocate the money remaining in the county’s subaccount in the account pursuant to the provisions of subsection 3. If the executive director determines that the amount of money remaining in the county’s subaccount in the account is greater, he shall first allocate the money necessary for each local government and special district to receive the base monthly allocation determined pursuant to subsection 2 and the state treasurer shall remit that money so allocated. The executive director shall allocate any additional money in the county’s subaccount in the account pursuant to the provisions of subsection 4.

    6.  The percentage change calculated pursuant to paragraph (a) of subsection 4 must:

    (a) If the Bureau of the Census of the United States Department of Commerce issues population totals that conflict with the totals certified by the governor pursuant to NRS 360.285, be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.

    (b) If a new method of determining population is established pursuant to NRS 360.283, be adjusted in a manner that will result in the percentage change being based on population determined pursuant to the new method for both the fiscal year in which the allocation is made and the fiscal year immediately preceding the year in which the allocation is made.

    7.  On or before February 15 of each year, the executive director shall provide to each local government, special district and enterprise district a preliminary estimate of the revenue it will receive from the account for that fiscal year.

    8.  On or before March 15 of each year, the executive director shall:

    (a) Make an estimate of the receipts from each tax included in the account on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles, including an estimate for each county of the receipts from each tax included in the account; and

    (b) Provide to each local government, special district and enterprise district an estimate of the amount that local government, special district or enterprise district would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.

    9.  A local government, special district or enterprise district may use the estimate provided by the executive director pursuant to subsection 8 in the preparation of its budget.”.

    Amend the bill as a whole by deleting sections 3 and 4 and adding:

    “Secs. 3 and 4.  (Deleted by amendment.)”.

    Amend sec. 4.5, page 10, line 33, by deleting “2003.” and inserting “2005.”.

    Amend the bill as a whole by adding a new section designated sec. 5.5, following sec. 5, to read as follows:

    “Sec. 5.5.  For the fiscal year beginning on July 1, 2001, the executive director of the department of taxation shall increase the amount that would otherwise be allocated to the City of Henderson pursuant to NRS 360.680 by $4,000,000 and that amount must be included in the calculation of all future allocations.”.

    Amend the bill as a whole by deleting sec. 6 and inserting:

    “Sec. 6.  (Deleted by amendment.)”.

    Amend sec. 7, page 11, line 2, by deleting “6” and inserting “5.5”.

    Amend sec. 8, page 11, line 8, after “sections” by inserting “5.5,”.

    Amend sec. 8, page 11, by deleting line 12 and inserting:

    “3.  Section 2 of this act expires by limitation on June 30, 2002.

    4.  Section 2.3 of this act becomes effective on July 1, 2002, and expires by limitation on June 30, 2003.

    5.  Section 2.5 of this act becomes effective on July 1, 2003, and expires by limitation on June 30, 2004.

    6.  Section 2.7 of this act becomes effective on July 1, 2004.”.

    Assemblywoman Buckley moved that the Assembly adopt the report of the second Conference Committee concerning Assembly Bill No. 653.

    Remarks by Assemblywoman Buckley.

    Motion carried by a constitutional majority.


Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 133, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Senate be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA31, which is attached to and hereby made a part of this report.

 

Bernie Anderson

Randolph J. Townsend

John C. Carpenter

 

Mark A. Manendo

Michael Schneider

Assembly Conference Committee

Senate Conference Committee

   

    Conference Amendment No. CA31.

    Amend section 1, page 1, line 2, by deleting “11,” and inserting “6,”.

    Amend the bill as a whole by renumbering sec. 2 as sec. 4 and adding new sections designated sections 2 and 3, following section 1, to read as follows:

    “Sec. 2.  As used in sections 2 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

    Sec. 3.  “Complainant” means a person who makes a claim or files an action against a design professional pursuant to NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act.”.

    Amend the bill as a whole by deleting sections 3 through 9 and renumbering sections 10 through 12 as sections 5 through 7.

    Amend sec. 10, page 5, by deleting lines 40 through 46 and inserting:

action governed by NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act that is commenced against a design professional or a person primarily engaged in the practice of professional engineering, land surveying, architecture or landscape architecture, including, without limitation, an action for professional negligence, the attorney for the complainant shall file an affidavit with the court concurrently with the service of the first pleading in the action stating that the attorney:”.

    Amend sec. 11, page 7, by deleting lines 1 through 14 and inserting:

    “Sec. 6.  1.  The court shall dismiss an action governed by NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act that is commenced against a design professional or a person primarily engaged in the practice of professional engineering, land surveying, architecture or landscape architecture, including, without limitation, an action for professional negligence, if the attorney for the complainant fails to:

    (a) File an affidavit required pursuant to section 5 of this act;

    (b) File a report required pursuant to subsection 3 of section 5 of this act; or

    (c) Name the expert consulted in the affidavit required pursuant to subsection 1 of section 5 of this act.

    2.  The fact that an attorney for a complainant has complied or failed to comply with the provisions of section 5 of this act is admissible in the action.”.

    Amend sec. 12, page 7, line 17, by deleting “11” and inserting “6,”.

    Amend sec. 12, page 7, by deleting lines 18 and 19 and inserting:

“and terms defined in NRS 40.605 to 40.630, inclusive, have the meanings ascribed to them in those”.

    Amend the bill as a whole by deleting sections 13 through 33 and renumbering sec. 34 as sec. 8.

    Amend sec. 34, by deleting lines 34 through 36 and inserting:

“inclusive, and sections 2 to 6, inclusive, of this act, unless the claim was initiated or the action was commenced on or after October 1, 2001.”.

    Amend the bill as a whole by deleting sec. 35.

    Amend the title of the bill to read as follows:

“AN ACT relating to real property; requiring an affidavit in support of an action concerning constructional defects against a design professional; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Requires affidavit in support of action concerning constructional defects against design professional. (BDR 3-667)”.

    Assemblywoman Buckley moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 133.

    Remarks by Assemblywoman Buckley.

    Motion carried by a constitutional majority.

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 305, consisting of the undersigned members, has met and reports that:

    No decision was reached, and recommends the appointment of a second Conference Committee, to consist of 3 members, for the further consideration of the measure.

 

Mark A. Manendo

Mike Mcginness

Dennis Nolan

Jon C. Porter

Kathy Mcclain

Valerie Wiener

Assembly Conference Committee

Senate Conference Committee

 

    Assemblywoman Buckley moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 305.

    Remarks by Assemblywoman Buckley.

    Motion carried.

    Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 11:54 p.m.

ASSEMBLY IN SESSION

    At 11:56 p.m.

    Mr. Speaker presiding.

    Quorum present.


MESSAGES FROM THE Senate

Senate Chamber, Carson City, June 4, 2001

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 122, 232, 343, 405, 424, 615, 669; Assembly Joint Resolution No. 14.

    Also, I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 671, 672, 673.

    Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 587, 588.

    Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 1186 to Senate Bill No. 56; Assembly Amendment No. 1115 to Senate Bill No. 570.

                                                                                    Mary Jo Mongelli

                                                                             Assistant Secretary of the Senate

INTRODUCTION, FIRST READING AND REFERENCE

    Senate Bill No. 587.

    Assemblyman Hettrick moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Senate Bill No. 587 declared an emergency measure under the Constitution and placed on third reading and final passage.

    Remarks by Assemblyman Hettrick.

    Motion carried unanimously.

    Senate Bill No. 588.

    Assemblyman Hettrick moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Senate Bill No. 588 declared an emergency measure under the Constitution and placed on third reading and final passage.

    Remarks by Assemblyman Hettrick.

    Motion carried unanimously.

UNFINISHED BUSINESS

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen Collins, Lee and Carpenter as a second Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 246.

Reports of Conference Committees

Mr. Speaker:

    The second Conference Committee concerning Assembly Bill No. 394, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Senate be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA40, which is attached to and hereby made a part of this report.

 

Mark A. Manendo

Mark A. James

John C. Carpenter

Mark Amodei

Bernie Anderson

Valerie Wiener

Assembly Conference Committee

Senate Conference Committee

    Conference Amendment No. CA40.

    Amend sec. 2, page 4, between lines 43 and 44, by inserting:

    “My attorney (if represented by counsel) has explained that there may be immigration consequences regarding this plea agreement and that, if I am not a citizen of the United States, I may, in addition to other consequences provided for by federal law, be removed, deported, excluded from entry into the United States or denied naturalization.”.

    Assemblywoman Buckley moved that the Assembly adopt the report of the second Conference Committee concerning Assembly Bill No. 394.

    Remarks by Assemblywoman Buckley.

    Motion carried by a constitutional majority.

Mr. Speaker:

    The second Conference Committee concerning Assembly Bill No. 246, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Senate be receded from.

 

Tom Collins

Mark Amodei

John J. Lee

Maurice E. Washington

John C. Carpenter

Terry Care

Assembly Conference Committee

Senate Conference Committee

 

    Assemblywoman Buckley moved that the Assembly adopt the report of the second Conference Committee concerning Assembly Bill No. 246.

    Remarks by Assemblywoman Buckley.

    Motion carried by a constitutional majority.

general file and third reading

    Senate Bill No. 587.

    Bill read third time.

    Roll call on Senate Bill No. 587:

    Yeas—40.

    Nays—None.

    Absent—Anderson, Goldwater—2.

    Senate Bill No. 587 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    (12:00 midnight Pacific Daylight Savings Time. See Nevada Supreme Court case Nevada Mining Association v. Erdoes, 117 Nevada Advance Opinion No. 47 (2001).)

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that the action whereby the Assembly concurred in Senate Amendment No. 1234 to Assembly Bill No. 460 be rescinded.

    Motion carried.


UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 460, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Senate be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA43, which is attached to and hereby made a part of this report.

 

Kathy McClain

 

John C. Carpenter

Lawrence E. Jacobsen

David R. Parks

Raymond C. Shaffer

Assembly Conference Committee

Senate Conference Committee

 

    Conference Amendment No. CA43.

    Amend the bill as a whole by deleting sections 1 through 9 and inserting:

“Sections 1-9. (Deleted by amendment.)”.

    Amend sec. 10, page 5, line 22, by deleting “fee” and inserting:

governmental services fee”.

    Amend sec. 10, page 5, line 25, by deleting “fee” and inserting:

recovery surcharge not to exceed”.

    Amend sec. 10, page 5, line 32, by deleting “fee” and inserting: