Link to Page 2244

 

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ê2009 Statutes of Nevada, Page 2245ê

 

CHAPTER 405, SB 124

Senate Bill No. 124–Committee on Government Affairs

 

CHAPTER 405

 

AN ACT relating to general improvement districts; expanding the membership of the boards of trustees of certain general improvement districts; and providing other matters properly relating thereto.

 

[Approved: June 1, 2009]

 

Legislative Counsel’s Digest:

      Chapter 318 of NRS governs the creation and administration of general improvement districts in Nevada. Existing law requires that the board of trustees of a general improvement district consist of five members. (NRS 318.080) Section 1 of this bill expands the membership of the board of trustees of a general improvement district: (1) which exists on or before July 1, 2009; (2) which is authorized only to furnish electric light and power in a county whose population is 400,000 or more; and (3) for which the board of county commissioners of the county is not ex officio the board of trustees, from five to seven members. Section 1 also provides the election procedure for the new members, the continuing election process to keep the staggered terms for all board members and the new quorum requirements for the expanded board. Currently, the Overton Power District in Clark County is the only general improvement district that is impacted by this bill.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 318 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Notwithstanding any provision of law to the contrary, the board of trustees of a district organized or reorganized pursuant to this chapter that exists on July 1, 2009, that is authorized only to exercise the basic power of furnishing electric light and power pursuant to NRS 318.117 in a county whose population is 400,000 or more, and for which the board of county commissioners of the county is not ex officio the board of trustees, shall consist of seven trustees.

      2.  The members of the board of trustees described in subsection 1 must be selected as follows:

      (a) One member who is elected by the qualified electors of the largest incorporated city in the district at the first biennial election following July 1, 2009. The term of office of a trustee who is elected pursuant to this paragraph is 4 years.

      (b) One member who is elected by the qualified electors of the district at the first biennial election following July 1, 2009. The initial term of office of a trustee who is elected pursuant to this paragraph is 2 years. After the initial term, the term of office of a trustee who is elected pursuant to this paragraph is 4 years.

      (c) Five members who are elected from the election areas in the district created pursuant to NRS 318.0952 that existed on July 1, 2009, each of whom serves for a term of 4 years.

      3.  Each member of the board of trustees must be a resident of the area which he seeks to represent.

 


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ê2009 Statutes of Nevada, Page 2246 (Chapter 405, SB 124)ê

 

      4.  A majority of the members of the board constitutes a quorum at any meeting.

      Sec. 2.  NRS 318.090 is hereby amended to read as follows:

      318.090  Except as otherwise provided in NRS 318.0953 and 318.09533:

      1.  The board shall, by resolution, designate the place where the office or principal place of the district is to be located, which must be within the corporate limits of the district [,] and which may be changed by resolution of the board. Copies of all those resolutions must be filed with the county clerk or clerks of the county or counties wherein the district is located within 5 days after their adoption. The official records and files of the district must be kept at that office and must be open to public inspection as provided in NRS 239.010.

      2.  The board of trustees shall meet regularly at least once each year, and at such other times at the office or principal place of the district as provided in the bylaws.

      3.  Special meetings may be held on notice to each member of the board as often as, and at such places within the district as, the needs of the district require.

      4.  [Three] Except as otherwise provided in section 1 of this act, three members of the board constitute a quorum at any meeting.

      5.  A vacancy on the board must be filled by a qualified elector of the district chosen by the remaining members of the board, the appointee to act until a successor in office qualifies as provided in NRS 318.080 on or after the first Monday in January next following the next biennial election, held in accordance with NRS 318.095 [,] or section 1 of this act, at which election the vacancy must be filled by election if the term of office extends beyond that first Monday in January. Nominations of qualified electors of the district as candidates to fill unexpired terms of 2 years may be made the same as nominations for regular terms of 4 years, as provided in NRS 318.095 [.] and section 1 of this act. If the board fails, neglects or refuses to fill any vacancy within 30 days after the vacancy occurs, the board of county commissioners shall fill that vacancy.

      6.  Each term of office of 4 years terminates on the first Monday in January next following the general election at which a successor in office is elected, as provided in NRS 318.095 [.] or section 1 of this act. The successor’s term of office commences then or as soon thereafter as the successor qualifies as provided in NRS 318.080, subject to the provisions in this chapter for initial appointments to a board, for appointments to fill vacancies of unexpired terms [,] and for the reorganizations of districts under this chapter which were organized under other chapters of NRS.

      Sec. 3.  NRS 318.095 is hereby amended to read as follows:

      318.095  Except as otherwise provided in NRS 318.0953:

      1.  There must be held simultaneously with the first general election in the county after the creation of the district and simultaneously with every general election thereafter an election to be known as the biennial election of the district. The election must be conducted under the supervision of the county clerk or registrar of voters. A district shall reimburse the county clerk or registrar of voters for the costs he incurred in conducting the election for the district.

 


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ê2009 Statutes of Nevada, Page 2247 (Chapter 405, SB 124)ê

 

      2.  The office of trustee is a nonpartisan office. The general election laws of this State govern the candidacy, nominations and election of a member of the board. The names of the candidates for trustee of a district may be placed on the ballot for the primary or general election.

      3.  [At] Except as otherwise provided in section 1 of this act, at the first biennial election in any district organized or reorganized and operating under this chapter [,] and each fourth year thereafter, there must be elected by the qualified electors of the district two qualified electors as members of the board to serve for terms of 4 years. At the second biennial election and each fourth year thereafter, there must be so elected three qualified electors as members of the board to serve for terms of 4 years.

      4.  The secretary of the district shall give notice of election by publication [,] and shall arrange such other details in connection therewith as the county clerk or registrar of voters may direct.

      5.  Any new member of the board must qualify in the same manner as members of the first board qualify.

      Sec. 4.  NRS 318.0951 is hereby amended to read as follows:

      318.0951  Except as otherwise provided in NRS 318.0952 or 318.0953:

      1.  Each trustee elected at any biennial election must be chosen by a plurality of the qualified electors of the district voting on the candidates for the vacancies to be filled.

      2.  [If] Except as otherwise provided in section 1 of this act, if there are two regular terms which end on the first Monday in January next following the biennial election, the two qualified electors receiving the highest and next highest number of votes must be elected. If there are three regular terms so ending, the three qualified electors receiving the highest, next highest and third highest number of votes must be elected.

      3.  If there is a vacancy in an unexpired regular term to be filled at the biennial election, as provided in subsection 5 of NRS 318.090, the candidate who receives the highest number of votes, after there are chosen the successful candidates to fill the vacancies in expired regular terms as provided in subsection 2, must be elected.

      Sec. 5.  (Deleted by amendment.)

      Sec. 6.  NRS 318.09533 is hereby amended to read as follows:

      318.09533  1.  When the board of trustees of any district is constituted pursuant to NRS 318.0953, the following special provisions apply and supersede the corresponding provisions of NRS 318.080 to 318.09525, inclusive, and section 1 of this act, 318.0954 and 318.0955:

      (a) The members need not file the oath of office or bond required by NRS 318.080.

      (b) The members of the board of county commissioners may receive no additional compensation as trustees of the district.

      (c) The chairman of the board of county commissioners may be chairman of the board of trustees and president of the district, or the board of county commissioners may, at its first meeting in January of each year, designate another of its members to serve as chairman of the board of trustees and president of the district for a term of 1 year.

      (d) The vice chairman of the board of county commissioners may be vice chairman of the board of trustees and vice president of the district, or the board of county commissioners may, at its first meeting in January of each year, designate another of its members to serve as vice chairman of the board of trustees and vice president of the district for a term of 1 year.

 


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ê2009 Statutes of Nevada, Page 2248 (Chapter 405, SB 124)ê

 

      (e) The secretary and treasurer of the district [shall] must not be members of the board of county commissioners. The board may designate the county clerk and county treasurer, respectively, to act ex officio as secretary and treasurer, or it may designate some other person to fill either or both of those offices. No additional bond may be required of the county treasurer as ex officio district treasurer [nor] or of any other county officer appropriately bonded as ex officio a district officer.

      (f) The secretary and treasurer shall perform the duties prescribed in subsections 3 and 4 of NRS 318.085.

      (g) No member of the board of county commissioners may be removed from the office of trustee under NRS 318.080, but any member is automatically removed from that office upon his removal from the office of county commissioner in the manner provided by law.

      (h) The regular place of meeting of the board need not be within the corporate limits of the district but must be within the corporate limits of the county and be the regular meeting place of the board of county commissioners unless the board otherwise provides by resolution.

      (i) The times of regular meetings of the board must be the same as the times of the regular meetings of the board of county commissioners unless the board otherwise provides by resolution.

      (j) Special meetings may be held on notice to each member of the board as often as, and at such place or places within the county as, the board may determine, unless it otherwise provides by resolution.

      (k) The office or principal place of the district need not be located within the corporate limits of the district and must be the office of the county clerk unless the board otherwise provides by resolution.

      2.  Each board of county commissioners may, by resolution, designate the district’s name which may be used for all purposes , including , without limitation, contracts, lawsuits or in the performance of its duties or exercises of its functions.

      3.  The board may enter into contracts extending beyond the terms of each member then serving on the board if the contract is entered into in the manner provided for a board of county commissioners in NRS 244.320.

      Sec. 7.  Nothing in this act affects the term of office or election area of a member of a board of trustees of a district organized or reorganized pursuant to this chapter, authorized only to exercise the basic power of furnishing electric light and power pursuant to NRS 318.117 in a county whose population is 400,000 or more, and for which the board of county commissioners of the county is not ex officio the board of trustees, and who is in office on July 1, 2009.

      Sec. 8.  This act becomes effective on July 1, 2009.

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ê2009 Statutes of Nevada, Page 2249ê

 

CHAPTER 406, SB 146

Senate Bill No. 146–Committee on Finance

 

CHAPTER 406

 

AN ACT relating to the Department of Wildlife; providing funding to the Department of Wildlife for certain projects; and providing other matters properly relating thereto.

 

[Approved: June 1, 2009]

 

Legislative Counsel’s Digest:

      The Legislature submitted to the voters of this State, and the voters approved, at the general election held on November 5, 2002, a proposal to issue general obligation bonds of the State to protect, preserve and obtain the benefits of the property and natural resources of this State in an amount not to exceed $200,000,000. Of this amount, $27,500,000 was allocated to the Division of Wildlife of the State Department of Conservation and Natural Resources. (Chapter 6, Statutes of Nevada 2001, 17th Special Session, p. 104) This bill requires that $225,000 be allocated to the Department of Wildlife for a coordinator and related costs to ensure that local, state and federal entities work together to: (1) protect and restore sagebrush habitats; (2) restore areas damaged by wildfires; (3) prevent wildfires; or (4) reduce cheatgrass.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Notwithstanding the provisions of chapter 6, Statutes of Nevada 2001, 17th Special Session, from the Fund to Protect Natural Resources, administered by the State Department of Conservation and Natural Resources pursuant to subsection 5 of section 3 of that act, the sum of $225,000 must be allocated to the Department of Wildlife to create and fund a position for a coordinator and related costs to ensure local, state and federal entities are working together to:

      1.  Protect and restore sagebrush habitats.

      2.  Restore areas damaged by wildfires.

      3.  Prevent wildfires.

      4.  Reduce cheatgrass.

      Sec. 2.  Any remaining balance of the allocation made by section 1 of this act not committed for expenditure by June 30, 2011, must be reverted to the Fund to Protect Natural Resources.

      Sec. 3.  This act becomes effective upon passage and approval.

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ê2009 Statutes of Nevada, Page 2250ê

 

CHAPTER 407, SB 400

Senate Bill No. 400–Committee on Finance

 

CHAPTER 407

 

AN ACT making an appropriation to the Nevada System of Higher Education for stale claims owed to the Public Employees’ Benefits Program; and providing other matters properly relating thereto.

 

[Approved: June 1, 2009]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Nevada System of Higher Education the sum of $110,800 for stale claims owed to the Public Employees’ Benefits Program.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

      Sec. 2.  This act becomes effective upon passage and approval.

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ê2009 Statutes of Nevada, Page 2251ê

 

CHAPTER 408, SB 401

Senate Bill No. 401–Committee on Finance

 

CHAPTER 408

 

AN ACT making an appropriation to the State Fire Marshal Division of the Department of Public Safety for refunds of certain fees; and providing other matters properly relating thereto.

 

[Approved: June 1, 2009]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the State Fire Marshal Division of the Department of Public Safety the sum of $6,898 for refunds of hazardous material fees and plan review and licensing fees.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

      Sec. 2.  This act becomes effective upon passage and approval.

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ê2009 Statutes of Nevada, Page 2252ê

 

CHAPTER 409, SB 424

Senate Bill No. 424–Committee on Finance

 

CHAPTER 409

 

AN ACT making an appropriation to the Fund for Insurance Premiums, commonly known as the Attorney General’s Tort Claim Fund; and providing other matters properly relating thereto.

 

[Approved: June 1, 2009]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State Highway Fund to the Fund for Insurance Premiums, created by NRS 331.187 and commonly known as the Attorney General’s Tort Claim Fund, the sum of $2,000,000 to replenish the balance of the fund.

      Sec. 2.  This act becomes effective upon passage and approval.

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CHAPTER 410, SB 425

Senate Bill No. 425–Committee on Finance

 

CHAPTER 410

 

AN ACT relating to state financial administration; extending the reversion date and reporting requirements for the appropriation made during the 74th Session of the Nevada Legislature to the Institute for Neuro-Immune Disease for the construction of a facility; and providing other matters properly relating thereto.

 

[Approved: June 1, 2009]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 10 of chapter 352, Statutes of Nevada 2007, at page 1717, is hereby amended to read as follows:

      Sec. 10.  1.  There is hereby appropriated from the State General Fund to the disbursement account created by section 1 of this act for the use of the Institute for Neuro-Immune Disease the sum of $2,000,000 for the construction of, and furnishings, and equipment for, a facility relating to the research and treatment of neuro-immune disorders.

      2.  Upon acceptance of the money appropriated by subsection 1, the Institute shall:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2008, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Institute through December 1, 2008;

 


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ê2009 Statutes of Nevada, Page 2253 (Chapter 410, SB 425)ê

 

      (b) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2010, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Institute through December 1, 2010;

      (c) Prepare and transmit a final report to the Interim Finance Committee on or before September [18, 2009,] 16, 2011, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Institute through June 30, [2009;] 2011; and

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

      Sec. 2.  Section 11 of chapter 352, Statutes of Nevada 2007, at page 1717, is hereby amended to read as follows:

      Sec. 11.  Any remaining balance of the appropriation made by section 10 of this act must not be committed for expenditure after June 30, [2009,] 2011, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September [18, 2009,] 16, 2011, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September [18, 2009.] 16, 2011.

      Sec. 3.  This act becomes effective upon passage and approval.

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ê2009 Statutes of Nevada, Page 2254ê

 

CHAPTER 411, SB 7

Senate Bill No. 7–Senator Wiener

 

CHAPTER 411

 

AN ACT relating to public health; making various changes relating to the Advisory Council on the State Program for Fitness and Wellness; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides that, within the limits of available money, the Health Division of the Department of Health and Human Services shall establish the Advisory Council on the State Program for Fitness and Wellness to increase public knowledge, to raise public awareness and to educate the residents of this State on matters relating to physical fitness and wellness. (NRS 439.517, 439.518) Section 1 of this bill increases the number of voting members of the Advisory Council from 7 to 11 members and authorizes the appointment of additional nonvoting members.

      Existing law requires the State Health Officer or his designee to serve as the Chairman of the Advisory Council. Section 2 of this bill provides instead that a majority of the voting members of the Advisory Council must select a Chairman and a Vice Chairman of the Advisory Council. Section 2 further authorizes a majority of the voting members of the Advisory Council to appoint committees and subcommittees to study issues relating to physical fitness and wellness and provides for the removal of nonlegislative members. (NRS 439.519)

      Existing law authorizes the Health Division to contract with public or private entities to provide services necessary to carry out the State Program for Fitness and Wellness. Section 3 of this bill authorizes the Health Division to award grants for the same purpose.

      Existing law requires the Health Division, on or before January 1 of each year, to prepare and submit a report to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature summarizing the findings and recommendations of the Advisory Council and the status of the State Program for Fitness and Wellness. (NRS 439.524) Section 4 of this bill requires the Health Division to prepare and submit the report on or before February 1 of each year.

      Section 5 of this bill revises the dates that limit the expenditure and require the reversion of money appropriated by the 2007 Legislature to pay the operational costs of the Advisory Council.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 439.518 is hereby amended to read as follows:

      439.518  1.  Within the limits of available money, the Health Division shall establish the Advisory Council on the State Program for Fitness and Wellness to advise and make recommendations to the Health Division concerning the Program.

      2.  The Administrator shall appoint to the Advisory Council the following [seven] nine voting members:

      (a) The State Health Officer or his designee;

      (b) The Superintendent of Public Instruction or his designee;

      (c) One representative of the health insurance industry;

      (d) One provider of health care;

 


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ê2009 Statutes of Nevada, Page 2255 (Chapter 411, SB 7)ê

 

      (e) One representative of the Nevada Association for Health, Physical Education, Recreation and Dance or its successor organization;

      (f) One representative of an organization committed to the prevention of chronic diseases; [and]

      (g) One registered dietician [.] ;

      (h) One representative who is a member of a racial or ethnic minority group appointed from a list of persons submitted to the Administrator by the Advisory Committee of the Office of Minority Health of the Department; and

      (i) One representative of private employers in this State who has experience in matters relating to employment and human resources.

      3.  The Legislative Commission shall appoint to the Advisory Council the following two voting members:

      (a) One member of the Senate; and

      (b) One member of the Assembly.

      4.  A majority of the voting members of the Advisory Council may appoint nonvoting members to the Advisory Council.

      Sec. 2.  NRS 439.519 is hereby amended to read as follows:

      439.519  1.  The members of the Advisory Council serve terms of 2 years. A member may be reappointed.

      2.  [The State Health Officer or his designee shall serve as the] A majority of the voting members of the Advisory Council shall select a Chairman and a Vice Chairman of the Advisory Council.

      3.  A majority of the voting members of the Advisory Council may:

      (a) Appoint committees or subcommittees to study issues relating to physical fitness and wellness.

      (b) Remove a nonlegislative member of the Advisory Council for failing to carry out the business of, or serve the best interests of, the Advisory Council.

      4.  The Health Division shall, within the limits of available money, provide the necessary professional staff and a secretary for the Advisory Council.

      [4.] 5.  A majority of the voting members of the Advisory Council constitutes a quorum to transact all business, and a majority of those voting members present, physically or via telecommunications, must concur in any decision.

      [5.] 6.  The Advisory Council shall, within the limits of available money, meet at the call of the Administrator, the Chairman or a majority of the voting members of the Advisory Council quarterly or as is necessary.

      [6.] 7.  The members of the Advisory Council serve without compensation, except that each member is entitled, while engaged in the business of the Advisory Council and within the limits of available money, to the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 3.  NRS 439.523 is hereby amended to read as follows:

      439.523  The Health Division may, within the limits of available money, enter into contracts with or award grants to public or private entities that have the appropriate expertise to provide any services necessary to carry out or assist the Health Division in carrying out the provisions of NRS 439.514 to 439.525, inclusive.

 


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ê2009 Statutes of Nevada, Page 2256 (Chapter 411, SB 7)ê

 

      Sec. 4.  NRS 439.524 is hereby amended to read as follows:

      439.524  The Health Division shall, on or before [January] February 1 of each year, prepare and submit a report to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature summarizing:

      1.  The findings and recommendations of the Advisory Council; and

      2.  The status of the Program.

      Sec. 5.  Section 35 of chapter 345, Statutes of Nevada 2007, at page 1617, is hereby amended to read as follows:

      Sec. 35.  1.  There is hereby appropriated from the State General Fund to the account for the Advisory Council on the State Program for Fitness and Wellness, created pursuant to Senate Bill No. 197 of the 73rd Session of the Nevada Legislature, the sum of $100,000 for the operational costs of the Council.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, [2009,] 2011, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September [18, 2009,] 16, 2011, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September [18, 2009.] 16, 2011.

      Sec. 6.  Notwithstanding the provisions of subsection 1 of NRS 439.519, the members of the Advisory Council on the State Program for Fitness and Wellness appointed pursuant to:

      1.  The provisions of paragraphs (h) and (i) of subsection 2 of NRS 439.518, as amended by section 1 of this act, must be appointed to initial terms of 4 years.

      2.  The provisions of paragraphs (a) and (b) of subsection 3 of NRS 439.518, as amended by section 1 of this act, must be appointed to initial terms of 2 years.

      Sec. 7.  This act becomes effective upon passage and approval.

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ê2009 Statutes of Nevada, Page 2257ê

 

CHAPTER 412, SB 84

Senate Bill No. 84–Committee on Judiciary

 

CHAPTER 412

 

AN ACT relating to sentencing; authorizing a city to create a department of alternative sentencing; revising provisions relating to the administration of certain programs of supervision for persons with suspended sentences or persons sentenced to residential confinement; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

Legislative Counsel’s Digest:

      Existing law authorizes the board of county commissioners of a county to create a department of alternative sentencing. (Chapter 211A of NRS) Sections 1-6 of this bill authorize the governing body of a county or a city to create a department of alternative sentencing.

      Existing law provides for the administration of programs of supervision for certain persons with suspended sentences and persons sentenced to residential confinement by a justice court or municipal court. (NRS 4.372, 5.052) Section 7 of this bill authorizes the chief of the department of alternative sentencing of a city located within the county in which a justice court is located to administer the program of supervision for persons with sentences suspended by the justice court and persons sentenced to residential confinement by the justice court if the county does not have a department of alternative sentencing and such a department exists within any city located within that county. Section 8 of this bill requires the chief of the department of alternative sentencing of the city in which a municipal court is located to administer the program of supervision for persons with sentences suspended by the municipal court and persons sentenced to residential confinement by the municipal court if the city has a department of alternative sentencing. Further, section 8 requires the chief of the department of alternative sentencing of the county in which a municipal court is located to administer the program of supervision for persons with sentences suspended by the municipal court and persons sentenced to residential confinement by the municipal court if the city in which the municipal court is located does not have a department of alternative sentencing and such a department exists within the county.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 211A of NRS is hereby amended by adding thereto a new section to read as follows:

      “Governing body” means the governing body of a county or a city.

      Sec. 2.  NRS 211A.010 is hereby amended to read as follows:

      211A.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 211A.020 to 211A.070, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 211A.080 is hereby amended to read as follows:

      211A.080  The [board] governing body of each county or city may create a department of alternative sentencing to provide a program of supervision for probationers.

 


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ê2009 Statutes of Nevada, Page 2258 (Chapter 412, SB 84)ê

 

      Sec. 4.  NRS 211A.100 is hereby amended to read as follows:

      211A.100  The chief:

      1.  Must be appointed by the action of a majority of the [board.] governing body.

      2.  Must have at least 5 years of experience, with an increasing level of responsibility, in the field of law enforcement, corrections or supervision of persons on probation or parole.

      3.  Is in the unclassified service of the county.

      Sec. 5.  NRS 211A.110 is hereby amended to read as follows:

      211A.110  The chief shall:

      1.  Hire assistant alternative sentencing officers and other employees as necessary to carry out the responsibilities of the department within the limitations of appropriations to the department by the [board.] governing body.

      2.  Direct the work of all assistants and employees.

      3.  Be responsible for the fiscal affairs of the department.

      4.  Be responsible for the completion of any report regarding an investigation or the supervision of a probationer and any report requested by the court or the [board.] governing body.

      5.  After reviewing and considering recognized correctional programs and courses for training correctional staff, develop and provide to assistants and other employees training in methods and policies regarding the investigation and supervision of probationers, the recordkeeping of the department and the reporting on matters relating to probationers.

      6.  Submit a written report, on or before January 31 of each year, to the [board] governing body and to each court having jurisdiction over a probationer under his supervision, setting forth in detail the activities of the department during the previous calendar year. The report must include statistical data concerning the department’s activities and operations and the probationers who were under the supervision of the department during that period.

      7.  Advise the court of any probationer who has violated the terms or conditions of his suspended sentence or residential confinement.

      Sec. 6.  NRS 211A.130 is hereby amended to read as follows:

      211A.130  1.  The [board] governing body shall adopt a schedule of fees to be imposed on probationers to defray the cost of the supervision of a probationer. The schedule adopted must provide for a monthly fee of not less than $20 for the supervision of a probationer.

      2.  Except as otherwise provided in subsection 3:

      (a) The department shall charge each probationer the fee set forth in the schedule adopted pursuant to subsection 1.

      (b) Payment of the required fee by the probationer is a condition of his suspended sentence or residential confinement.

      3.  If the chief determines that payment of the fee would result in economic hardship to a probationer, the chief may waive the imposition of, or reduce the amount of, the fee. If the chief waives the imposition of the fee, payment of the fee by the probationer does not constitute a condition of his suspended sentence or residential confinement.

      Sec. 7.  NRS 4.372 is hereby amended to read as follows:

      4.372  1.  If the county in which a justice court is situated [does not have] has a department of alternative sentencing, the [justice court may contract with a qualified person to] chief of that department shall administer a program of supervision for persons whose sentences have been suspended pursuant to NRS 4.373 or who are sentenced to a term of residential confinement pursuant to NRS 4.3762.

 


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ê2009 Statutes of Nevada, Page 2259 (Chapter 412, SB 84)ê

 

a program of supervision for persons whose sentences have been suspended pursuant to NRS 4.373 or who are sentenced to a term of residential confinement pursuant to NRS 4.3762.

      2.  If the county in which the justice court is situated [has] does not have a department of alternative sentencing [,] and:

      (a) Any city located within the county in which the justice court is situated has a department of alternative sentencing [the] :

            (1) The chief of [that] the department [shall] of alternative sentencing of such a city may administer the program of supervision [.] ; or

            (2) If the chief of the department of alternative sentencing of such a city does not wish to administer the program of supervision, the justice court may contract with a qualified person to administer the program of supervision.

      (b) No city located within the county in which the justice court is situated has a department of alternative sentencing, the justice court may contract with a qualified person to administer the program of supervision.

      Sec. 8.  NRS 5.052 is hereby amended to read as follows:

      5.052  1.  If the [county] city in which a municipal court is situated [does not have] has a department of alternative sentencing, the [municipal court may contract with a qualified person to] chief of that department shall administer a program of supervision for persons whose sentences have been suspended pursuant to NRS 5.055 or who are sentenced to a term of residential confinement pursuant to NRS 5.076.

      2.  If the [county] city in which the municipal court is situated [has] does not have a department of alternative sentencing [,] and:

      (a) The county in which the municipal court is situated has a department of alternative sentencing, the chief of [that] the department of alternative sentencing of the county shall administer the program of supervision.

      (b) The county in which the municipal court is situated does not have a department of alternative sentencing, the municipal court may contract with a qualified person to administer the program of supervision.

      Sec. 9.  NRS 211A.030 is hereby repealed.

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ê2009 Statutes of Nevada, Page 2260ê

 

CHAPTER 413, SB 173

Senate Bill No. 173–Senator Lee

 

CHAPTER 413

 

AN ACT relating to local governmental planning; providing for the construction of bus turnouts at certain locations in certain counties; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

Legislative Counsel’s Digest:

      Under existing law, the regional transportation commission in a county whose population is 400,000 or more (currently Clark County) has the authority to provide for the construction and maintenance of benches and shelters for passengers of public mass transportation. (NRS 373.1183) Additionally, the regional transportation commission is required to work with the regional planning coalition concerning plans for capital improvements. (NRS 278.02584)

      Section 1 of this bill requires that the regional transportation commission in a county whose population is 400,000 or more designate, on or before December 31, 2009, 10 bus stops at which a bus turnout—an area for loading and unloading passengers outside of the lanes of traffic—must be constructed by December 31, 2012. Such a bus turnout must be constructed on land owned by the State or a local government. The commission must fund the construction of the bus turnout.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Not later than December 31, 2009:

      (a) Except as otherwise provided in subsection 5, the commission shall designate 10 locations in the county that are owned by the State or by local governments and at which a bus turnout must be constructed pursuant to this section; and

      (b) For each location designated pursuant to paragraph (a), the commission and the State or the local government that owns the location shall execute an interlocal or cooperative agreement that authorizes the construction of a bus turnout at the location.

      2.  For each location designated pursuant to subsection 1, the commission and the State or the local government that owns the location shall ensure that a bus turnout is constructed not later than December 31, 2012.

      3.  The commission shall fund the construction of a bus turnout built pursuant to this section.

      4.  When determining the locations to be designated pursuant to subsection 1, the commission shall consider, without limitation:

      (a) The amount of traffic congestion at the location during hours of peak traffic;

      (b) The extent of improvements to the location that would need to be completed before the bus turnout could be constructed;

 


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ê2009 Statutes of Nevada, Page 2261 (Chapter 413, SB 173)ê

 

      (c) The proximity of the location to an intersection;

      (d) The frequency with which buses receive and discharge passengers at the location;

      (e) The number of bus passengers regularly using the bus stop at the location;

      (f) The general need for a bus turnout at the location; and

      (g) Any obstacle that may prevent the completion of the construction of a bus turnout by the date set forth in subsection 2.

      5.  The commission shall not designate more than three locations pursuant to subsection 1 that are owned by the State or by the same local government.

      6.  As used in this section:

      (a) “Bus” has the meaning ascribed to it in NRS 484.021.

      (b) “Bus turnout” means a fixed area that is:

            (1) Adjacent or appurtenant to, or within reasonable proximity of, a public highway; and

            (2) To be occupied exclusively by buses in receiving or discharging passengers.

      (c) “Commission” means the regional transportation commission created and organized pursuant to chapter 373 of NRS in a county whose population is 400,000 or more.

      (d) “Local government” means any political subdivision of the State, including, without limitation, any county, city, town, board, airport authority, fire protection district, irrigation district, school district, hospital district or other special district which performs a governmental function and which is located within the jurisdiction of the commission.

      (e) “Location” means a parcel of real property which:

            (1) Is owned by the State or by a local government;

            (2) Is adjacent to a public highway; and

            (3) Contains a bench, shelter or transit stop for passengers of public transportation.

      (f) “Public highway” means any street, road, alley, thoroughfare, way or place of any kind used by the public or open to the use of the public as a matter of right for the purpose of vehicular traffic.

      Sec. 2.  NRS 278.02507 is hereby amended to read as follows:

      278.02507  The provisions of NRS 278.02507 to 278.02598, inclusive, and section 1 of this act apply only to counties whose population is 400,000 or more and cities located within those counties.

      Secs. 3 and 4.  (Deleted by amendment.)

      Sec. 5.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 6.  This act becomes effective on July 1, 2009.

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ê2009 Statutes of Nevada, Page 2262ê

 

CHAPTER 414, SB 188

Senate Bill No. 188–Senator Schneider

 

CHAPTER 414

 

AN ACT relating to energy; providing for the establishment of the Solar Thermal Systems Demonstration Program; requiring the Public Utilities Commission of Nevada to adopt certain regulations governing the Demonstration Program; providing for rebates to certain participants in the Demonstration Program; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

Legislative Counsel’s Digest:

      Section 17 of this bill requires the Public Utilities Commission of Nevada to establish the Solar Thermal Systems Demonstration Program and to adopt regulations establishing the qualifications that a person must meet to participate in the Demonstration Program.

      Section 18 of this bill provides that a public utility that supplies natural gas may recover its reasonable and prudent costs that are associated with carrying out and administering the Demonstration Program within its service area.

      Section 23 of this bill requires the Commission to adopt regulations that establish program milestones and a rebate program for a participant who installs a solar thermal system and sets forth guidelines for such rebates.

      Section 25 of this bill authorizes a public utility that supplies natural gas to withdraw certain participants from the Demonstration Program for noncompliance.

      Section 26 of this bill requires the Commission to adopt the regulations required by this bill on or before March 1, 2010. Section 27 of this bill requires the Commission, on or before July 1, 2012, to submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report concerning the Demonstration Program.

 

 

      Whereas, Nevada is heavily dependent on natural gas; and

      Whereas, Solar thermal systems constitute a large, untapped source for reducing the demand for natural gas in Nevada; and

      Whereas, Growing demand for solar thermal systems will create jobs in Nevada, promote greater energy independence and protect consumers from rising energy costs; and

      Whereas, It is in the interest of the State to promote solar thermal systems and other technologies that directly reduce the demand for natural gas in homes, businesses, schools and other governmental buildings; and

      Whereas, It is the intent of the Legislature to build a mainstream market for solar thermal systems that directly reduces the demand for natural gas in homes, businesses, schools and other governmental buildings through the installation of at least 3,000 solar thermal systems in this State by 2019; and

      Whereas, It is the intent of the Legislature that incentives for the installation of solar thermal systems should be a cost-effective investment by natural gas customers and that such customers will recoup the cost of their investments through lower prices for natural gas, additional system stability and reduced pollution; now, therefore,

 


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ê2009 Statutes of Nevada, Page 2263 (Chapter 414, SB 188)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 701B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 25, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 25, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 16, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  (Deleted by amendment.)

      Sec. 4.  “Category” means one of the categories of participants in the Demonstration Program as set forth in section 17 of this act.

      Sec. 5.  “Commission” means the Public Utilities Commission of Nevada.

      Sec. 6.  “Demonstration Program” means the Solar Thermal Systems Demonstration Program established by the Commission pursuant to section 17 of this act.

      Sec. 7.  “Institution of higher education” means:

      1.  A university, college or community college which is privately owned or which is part of the Nevada System of Higher Education; or

      2.  A postsecondary educational institution, as defined in NRS 394.099, or any other institution of higher education.

      Sec. 8.  “Participant” means a person who has been approved by a utility pursuant to section 17 of this act to participate in the Demonstration Program.

      Sec. 9.  “Person” includes a government, governmental agency or political subdivision of a government.

      Sec. 10.  (Deleted by amendment.)

      Sec. 11.  1.  “Public and other property” means any real property, building or facility which is owned, leased or occupied by:

      (a) A public entity;

      (b) A nonprofit organization that is recognized as exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), as amended; or

      (c) A corporation for public benefit as defined in NRS 82.021.

      2.  The term includes, without limitation, any real property, building or facility which is owned, leased or occupied by:

      (a) A church; or

      (b) A benevolent, fraternal or charitable lodge, society or organization.

      3.  The term does not include school property.

      Sec. 12.  “School property” means any real property, building or facility which is owned, leased or occupied by:

      1.  A public school as defined in NRS 385.007;

      2.  A private school as defined in NRS 394.103; or

      3.  An institution of higher education.

      Sec. 13.  “Small business” means a business conducted for profit which employs 500 or fewer full-time or part-time employees.

      Sec. 14.  “Solar thermal system” means a system of related components that uses solar energy to heat water or air and is designed to work as an integral package such that the system is not complete without one of its related components.

 


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ê2009 Statutes of Nevada, Page 2264 (Chapter 414, SB 188)ê

 

      Sec. 15.  (Deleted by amendment.)

      Sec. 16.  “Utility” means a public utility that supplies natural gas in this State.

      Sec. 17.  1.  The Commission shall establish the Solar Thermal Systems Demonstration Program to carry out the intent of the Legislature to promote the installation of at least 3,000 solar thermal systems in homes, businesses, schools and other governmental buildings throughout this State by 2019.

      2.  The Demonstration Program must have four categories of participants as follows:

      (a) School property;

      (b) Public and other property;

      (c) Private residential property; and

      (d) Small business property.

      3.  To be eligible to participate in the Demonstration Program, a person must:

      (a) Apply to a utility on a form prescribed by the Commission;

      (b) Meet the qualifications established pursuant to subsection 5 and be approved by the utility;

      (c) When installing a solar thermal system, use an installer who has been issued a classification C-1 license with the appropriate subclassification by the State Contractors’ Board pursuant to the regulations adopted by the Board; and

      (d) If the person participates in the category of school property or public and other property, provide for the public display of the solar thermal system, including, without limitation, providing for public demonstrations of the solar thermal system and for hands-on experience of the solar thermal system by the public.

      4.  The utility shall notify each applicant who is approved to participate in the Demonstration Program not later than 10 days after the approval.

      5.  The Commission shall adopt regulations which must include, without limitation, provisions which:

      (a) Establish the qualifications an applicant must meet to qualify to participate in the Demonstration Program.

      (b) Establish specifications for the design, installation, energy output and displacement standards of the solar thermal systems that qualify for the Demonstration Program.

      (c) Require that the components of any solar thermal system be new and unused.

      (d) Require that any solar thermal collector have a warranty against defects and undue degradation of not less than 10 years.

      (e) Require that a solar thermal system be installed in a building which is connected to the existing distribution system of a utility in this State.

      (f) Require that a solar thermal system have a meter or other measuring device installed to monitor and measure the performance of the system and the quantity of energy generated or displaced by the system.

      (g) Require that a solar thermal system be installed in conformity with the manufacturer’s specifications and all applicable codes and standards.

      (h) Establish siting and installation requirements for solar thermal systems to ensure efficient and appropriate installation and to promote maximized performance of such systems.

 


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ê2009 Statutes of Nevada, Page 2265 (Chapter 414, SB 188)ê

 

      6.  As used in this section, “applicant” means a person who applies to the utility to participate in the Demonstration Program.

      Sec. 18.  A utility may recover its reasonable and prudent costs, including, without limitation, customer incentives, that are associated with carrying out and administering the Demonstration Program within its service area by seeking recovery of those costs in an appropriate proceeding before the Commission pursuant to NRS 704.110.

      Secs. 19-22.  (Deleted by amendment.)

      Sec. 23.  1.  The Commission shall adopt regulations establishing program milestones and a rebate program for a participant who installs a solar thermal system. The rebates provided by the Commission must:

      (a) Decline over time as the program milestones are reached;

      (b) Be structured to reduce the cost of solar thermal systems; and

      (c) Be based on the actual energy savings or predicted energy savings of the solar thermal system as determined by the Commission.

      2.  The regulations must require that to be eligible for a rebate pursuant to the Demonstration Program, a solar thermal system must have received an OG-300 performance certification from the Solar Rating and Certification Corporation.

      3.  In determining the amount of the rebates provided through the Demonstration Program, the Commission shall consider any federal tax credits and other incentives available to participants.

      Sec. 24.  (Deleted by amendment.)

      Sec. 25.  1.  Except as otherwise provided in this section, if a utility determines that a participant has not complied with the requirements for participation in the Demonstration Program, the utility shall, after notice, withdraw the participant from the Demonstration Program.

      2.  The utility may, without notice, withdraw from the Demonstration Program:

      (a) A participant in the category of private residential property and small business property if the participant does not complete the installation of a solar thermal system within 12 months after the date the participant receives notice of his approval to participate in the Demonstration Program.

      (b) A participant in the category of school property or public and other property if the participant does not complete the installation of a solar thermal system within 30 months after the date the participant receives notice of his approval to participate in the Demonstration Program.

      3.  A participant who is withdrawn from the Demonstration Program pursuant to subsection 2 forfeits any rebates provided by sections 2 to 25, inclusive, of this act.

      Sec. 26.  On or before March 1, 2010, the Public Utilities Commission of Nevada shall adopt the regulations required by sections 17 and 23 of this act.

      Sec. 27.  On or before July 1, 2012, the Public Utilities Commission of Nevada shall submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report concerning the Solar Thermal Systems Demonstration Program which must include, without limitation:

      1.  An explanation of the criteria used by the Commission to determine the amount of the rebates provided pursuant to the Demonstration Program;

 


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ê2009 Statutes of Nevada, Page 2266 (Chapter 414, SB 188)ê

 

      2.  A statement of the anticipated benefits of the Demonstration Program; and

      3.  Any recommendations concerning the Demonstration Program.

      Sec. 28.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 415, SB 190

Senate Bill No. 190–Committee on Government Affairs

 

CHAPTER 415

 

AN ACT relating to counties; removing the requirement that a county fair and recreation board in certain larger counties obtain the approval of the board of county commissioners before engaging in certain transactions relating to real property; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

Legislative Counsel’s Digest:

      Existing law prohibits a county fair and recreation board in a county whose population is 100,000 or more but less than 400,000 (currently Washoe County) from engaging in any transaction relating to real property without the prior approval of the board of county commissioners. (NRS 244A.627) This bill removes the requirement of obtaining prior approval of the board of county commissioners before the county fair and recreation board engages in certain transactions relating to real property. The county fair and recreation board still must obtain prior approval of the board of county commissioners before: (1) conducting any transaction that may result in or affect any debt or bonds for which the county is responsible; or (2) selling or leasing to a person or governmental entity any real property in the county which is located in a city whose population is less than 150,000.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 1.5.  NRS 244A.627 is hereby amended to read as follows:

      244A.627  Notwithstanding any other provision of law, no county fair and recreation board in a county whose population is 100,000 or more and less than 400,000 may [acquire,] :

      1.  Acquire, purchase, lease, sell [,] or dispose of any real property or engage in any other transaction relating to real property if the transaction may result in any debt or bonds for which the county may be responsible, in whole or in part, or affects any existing debt or bonds for which the county is responsible, in whole or in part; or

      2.  Sell or lease to a person or governmental entity any real property within the county which is located in a city whose population is less than 150,000,

Ê without prior approval of the board of county commissioners.

      Sec. 2.  (Deleted by amendment.)

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ê2009 Statutes of Nevada, Page 2267ê

 

CHAPTER 416, SB 194

Senate Bill No. 194–Senators Mathews; Care, Lee, McGinness, Raggio and Rhoads

 

Joint Sponsors: Assemblymen Anderson, Goicoechea; Grady and Leslie

 

CHAPTER 416

 

AN ACT relating to certain public officials; making the district attorney of Humboldt County the ex officio public administrator of Humboldt County; revising certain provisions regarding the administration of certain estates; revising certain provisions regarding the appointment of public guardians; repealing certain provisions relating to public administrators; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

Legislative Counsel’s Digest:

      This bill amends a number of provisions governing public administrators who are public officials that administer the estates of decedents having no qualified person willing and able to do so. Sections 2 and 9 of this bill provide for the district attorney of Humboldt County to serve, ex officio, as the public administrator of the county, as the district attorneys for Lander, Lincoln and White Pine counties do currently. (NRS 253.010, 253.050) Section 2 also authorizes the board of county commissioners in any county with an elected public administrator to appoint the public administrator if the office becomes vacant.

      Under existing law, a public administrator may secure the property of a decedent if the public administrator finds that the decedent has no relatives able to protect the property and that failure to do so could endanger the property. (NRS 253.0405) Section 3 of this bill authorizes a public administrator to secure the property of a decedent if either, not both, of those conditions exist. Section 4 of this bill revises the notice requirements before a public administrator may donate or destroy certain property. (NRS 253.0407) Sections 5 and 6 of this bill require and authorize a public administrator to conduct certain investigations. (NRS 253.0415, 253.042) Section 7 of this bill increases the maximum value of an estate that may be set aside without administration. (NRS 253.0425)

      Under existing law, certain powers and duties of public administrators are limited so as to be applicable only to public administrators in counties whose population is 100,000 or more (currently Clark and Washoe Counties). (NRS 253.041, 253.0415-253.0435) Section 14 of this bill repeals NRS 253.041 so that the powers and duties set forth in NRS 253.0415 to 253.0435, inclusive, apply to public administrators in all counties. Conversely, existing law also sets forth that certain powers and duties of public administrators are limited so as to be applicable only to public administrators in counties whose population is less than 100,000 (currently counties other than Clark and Washoe Counties). (NRS 253.044, 253.0445, 253.045) Section 14 repeals those provisions.

      This bill also amends provisions governing public guardians. Section 10 of this bill requires a public guardian to retain records relating to guardianships for at least 7 years. (NRS 253.190) Section 11 of this bill revises the requirements for a resident of Nevada to be eligible to have a county public guardian appointed as his permanent or general individual guardian. Further, section 11 provides that a county is not liable on any written or oral contract entered into by a public guardian of the county for or on behalf of the ward. (NRS 253.200)

 


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ê2009 Statutes of Nevada, Page 2268 (Chapter 416, SB 194)ê

 

      Currently, a public guardian may demand certain information from a proposed ward—a person for whom proceedings for the appointment of a guardian have begun—or from the spouse, parent, child or other kindred of a proposed ward, but not from a person for whom a guardian has been appointed. (NRS 253.220) Section 12 of this bill revises that provision so that the information can be demanded from or about a ward but not a proposed ward.

      Finally, section 12.5 of this bill authorizes a court to terminate the appointment of a public guardian as an individual guardian of a person or estate if the public guardian, after exercising due diligence, is unable to identify a source to pay for the care of the ward and, as a consequence, continuation of the guardianship would confer no benefit upon the ward.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 250.160 is hereby amended to read as follows:

      250.160  1.  A county assessor may provide confidential information for use:

      (a) By any governmental entity, including, without limitation, any court or law enforcement agency, in carrying out its functions, or any person acting on behalf of a federal, state or local governmental agency in carrying out its functions.

      (b) In connection with any civil, criminal, administrative or arbitration proceeding before any federal or state court, regulatory body, board, commission or agency, including, without limitation, use for service of process, investigation in anticipation of litigation, and execution or enforcement of judgments and orders or pursuant to an order of a federal or state court.

      (c) By a private investigator, private patrolman or security consultant who is licensed pursuant to chapter 648 of NRS, for any use authorized pursuant to this section.

      (d) In connection with an investigation conducted pursuant to NRS 253.0415 [, 253.044] or 253.220.

      (e) In activities relating to research and the production of statistical reports, if the address or information will not be published or otherwise disclosed or used to contact any person.

      (f) In the bulk distribution of surveys, marketing material or solicitations, if the assessor has adopted policies and procedures to ensure that the information will be used or sold only for use in the bulk distribution of surveys, marketing material or solicitations.

      (g) By a reporter or editorial employee who is employed by or affiliated with any newspaper, press association or commercially operated, federally licensed radio or television station.

      2.  Except for a reporter or editorial employee described in paragraph (g) of subsection 1, a person who obtains information pursuant to this section and sells or discloses that information shall keep and maintain for at least 5 years a record of:

      (a) Each person to whom the information is sold or disclosed; and

      (b) The purpose for which that person will use the information.

      Sec. 2.  NRS 253.010 is hereby amended to read as follows:

      253.010  1.  Except as otherwise provided in [subsection 4,] subsections 4 and 5, public administrators must be elected by the qualified electors of their respective counties.

 


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ê2009 Statutes of Nevada, Page 2269 (Chapter 416, SB 194)ê

 

      2.  Public administrators must be chosen by the electors of their respective counties at the general election in 1922 and at the general election every 4 years thereafter, and shall enter upon the duties of their office on the first Monday of January after their election.

      3.  The public administrator of a county must:

      (a) Be a qualified elector of the county;

      (b) Be at least 21 years of age on the date he will take office;

      (c) Not have been convicted of a felony for which his civil rights have not been restored by a court of competent jurisdiction; and

      (d) Not have been found liable in a civil action involving a finding of fraud, misrepresentation, material omission, misappropriation, theft or conversion.

      4.  The district attorneys of Humboldt, Lander, Lincoln and White Pine Counties are ex officio public administrators of Humboldt County, Lander County, Lincoln County and White Pine County, respectively. The Clerk of Carson City shall serve as Public Administrator of Carson City.

      5.  In a county other than Carson City and Humboldt, Lander, Lincoln and White Pine Counties, if, for any reason, the office of public administrator becomes vacant, the board of county commissioners may appoint a public administrator for the remainder of the unexpired term.

      Sec. 3.  NRS 253.0405 is hereby amended to read as follows:

      253.0405  Before the issuance of the letters of administration for an estate, before filing an affidavit to administer an estate pursuant to NRS 253.0403 or before petitioning to have an estate set aside pursuant to NRS 253.0425, the public administrator may secure the property of a deceased person if he finds that:

      1.  There are no relatives of the deceased who are able to protect the property; [and] or

      2.  Failure to do so could endanger the property.

      Sec. 4.  NRS 253.0407 is hereby amended to read as follows:

      253.0407  1.  Except as otherwise provided in subsection 2, a public administrator, with regard to the personal property of the estate of [a ward or] a decedent, may donate property that has a value of less than $250 to a nonprofit organization, or destroy property that has a value of less than $100, if [:

      (a) The property, if that of a ward, is not necessary for the care or comfort of the ward; and

      (b) A] a notice of intent to donate or destroy the property is [:

            (1) Mailed] mailed by certified mail or delivered personally to the [ward’s or] decedent’s next of kin [at his last known home address; or

            (2) Personally delivered to him,

Ê and that person fails to claim] and the property is not claimed within 15 days.

      2.  A public administrator may authorize the immediate destruction of the property of a [ward or] decedent, without giving notice to the next of kin, if:

      (a) The administrator determines that the property has been contaminated by vermin or biological or chemical agents;

      (b) The expenses related to the decontamination of the property cause salvage to be impractical;

      (c) The property constitutes an immediate threat to public health or safety;

 


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ê2009 Statutes of Nevada, Page 2270 (Chapter 416, SB 194)ê

 

      (d) The handling, transfer or storage of the property may endanger public health or safety or exacerbate contamination; and

      (e) The value of the property is less than $100 or, if the value of the property is $100 or more, a state or local health officer has endorsed the destruction of the property.

      Sec. 5.  NRS 253.0415 is hereby amended to read as follows:

      253.0415  1.  The public administrator shall:

      (a) Investigate:

            (1) The financial status of any decedent for whom he has been requested to serve as administrator to determine the assets and liabilities of the estate.

            (2) Whether there is any qualified person who is willing and able to serve as administrator of the estate of an intestate decedent to determine whether he is eligible to serve in that capacity.

            (3) Whether there are beneficiaries named on any asset of the estate or whether any deed upon death executed pursuant to NRS 111.109 is on file with the county recorder.

      (b) Except as otherwise provided in NRS 253.0403 and 253.0425, petition the court for letters of administration of the estate of [a person dying] an intestate decedent if, after investigation, the public administrator finds that there is no other qualified person having a prior right who is willing and able to serve.

      (c) Upon court order, act as administrator of the estate of [a person dying intestate,] an intestate decedent, regardless of the amount of assets in the estate of the decedent if no other qualified person is willing and able to serve.

      2.  [The public administrator is not eligible to serve as a guardian of the person and estate of a ward unless the board of county commissioners has designated the public administrator as ex officio public guardian.] The public administrator shall not administer any estate:

      (a) Held in joint tenancy unless all joint tenants are deceased;

      (b) For which a beneficiary form has been registered pursuant to NRS 111.480 to 111.650, inclusive; or

      (c) For which a deed upon death has been executed pursuant to NRS 111.109.

      3.  As used in this section, “intestate decedent” means a person who has died without leaving a valid will, trust or other estate plan.

      Sec. 6.  NRS 253.042 is hereby amended to read as follows:

      253.042  In connection with an investigation conducted pursuant to subsection 1 of NRS 253.0415, a public administrator may:

      1.  Require any spouse, parent, child or other kindred of the decedent to give any information and to execute any written requests or authorizations necessary to provide the public administrator with access to records, otherwise confidential, needed to evaluate the public administrator’s eligibility to serve.

      2.  Obtain information from the public records in any office of the State or any of its agencies or subdivisions upon request and without payment of any fee.

      3.  Investigate the assets and personal and family history of any decedent for whom he has been requested to serve as administrator, without hiring or being licensed as a private investigator pursuant to chapter 648 of NRS.

 


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ê2009 Statutes of Nevada, Page 2271 (Chapter 416, SB 194)ê

 

      Sec. 7.  NRS 253.0425 is hereby amended to read as follows:

      253.0425  1.  If the public administrator finds that there is no qualified person willing and able to administer the estate of a particular decedent, he shall investigate further to estimate its gross value.

      2.  If the estate appears to have a gross value of [$50,000] $100,000 or less, he shall:

      (a) Assist a proper person to petition to have it set aside without administration or directly receive the assets from a custodian, as the facts may warrant;

      (b) Himself petition to have the estate set aside without administration and properly distributed; or

      (c) Administer the estate pursuant to NRS 253.0403.

      3.  If the estate appears to have a gross value of more than [$50,000:] $100,000:

      (a) He shall proceed with summary or full administration as the value of the estate requires.

      (b) He may retain an attorney to assist him, rotating this employment in successive estates among the attorneys practicing in the county who are qualified by experience and willing to serve. The attorney’s fee is a charge upon the estate.

      Sec. 8.  NRS 253.0447 is hereby amended to read as follows:

      253.0447  A public administrator [, or other suitable person designated by the board of county commissioners, who is authorized to perform the duties set forth in NRS 253.044,] may file with the board of county commissioners a request for payment for expenses incurred in the performance of such duties. The amount to be paid as expenses must be determined by the board . [of county commissioners.] Payment must be made from the general fund of the county if the board [of county commissioners] approves the request and determines that there is sufficient money in the fund to pay the public administrator or other suitable person designated by the board to perform those duties. This section does not require the board [of county commissioners] to authorize payment of any expense that can be paid from the assets of a person or an estate . [subject to NRS 253.044.]

      Sec. 9.  NRS 253.050 is hereby amended to read as follows:

      253.050  1.  For the administration of the estates of deceased persons, public administrators are entitled to be paid as other administrators or executors are paid, subject to the provisions of NRS 245.043.

      2.  The district attorneys of Humboldt, Lander, Lincoln and White Pine counties as ex officio public administrators and the clerk of Carson City serving as public administrator of Carson City may retain all fees provided by law received by them as public administrators.

      3.  The public administrator is entitled to compensation from the estate or from beneficiaries for the reasonable value of his services performed in preserving the property of an estate of a deceased person before the appointment of an administrator. Compensation must be set by the board of county commissioners.

      Sec. 10.  NRS 253.190 is hereby amended to read as follows:

      253.190  A public guardian shall [keep] :

      1.  Keep financial and other appropriate records concerning all cases in which he is appointed as an individual guardian [.] ; and

 


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ê2009 Statutes of Nevada, Page 2272 (Chapter 416, SB 194)ê

 

      2.  Retain:

      (a) All such financial records for each case for at least 7 years after the date of the transaction that is recorded in the record; and

      (b) All other records for each case for at least 7 years after the termination of the guardianship pursuant to chapter 159 of NRS.

      Sec. 11.  NRS 253.200 is hereby amended to read as follows:

      253.200  1.  A resident of Nevada is eligible to have the public guardian of the county in which he resides appointed as his temporary individual guardian pursuant to NRS 159.0523 or 159.0525.

      2.  A resident of Nevada is eligible to have the public guardian of a county appointed as his permanent or general individual guardian if [he:

      (a) Has] the proposed ward is a resident of that county and:

      (a) The proposed ward has no relative or friend [able] suitable and willing to serve as his guardian; [and

      (b) Is a resident of that county.] or

      (b) The proposed ward has a guardian who the court determines must be removed pursuant to NRS 159.185.

      3.  A person qualified pursuant to subsection 1 or 2, or anyone on his behalf, may petition the district court of the county in which he resides to make the appointment.

      4.  Before a petition for the appointment of the public guardian as a guardian may be filed pursuant to subsection 3, a copy of the petition and copies of all accompanying documents to be filed must be delivered to the public guardian or a deputy public guardian.

      5.  Any petition for the appointment of the public guardian as a guardian filed pursuant to subsection 3 must include a statement signed by the public guardian or deputy public guardian and in substantially the following form:

 

      The undersigned is the Public Guardian or a Deputy Public Guardian of ............. County. The undersigned certifies that he has received a copy of this petition and all accompanying documents to be filed with the court.

 

      6.  A petition for the appointment of the public guardian as permanent or general guardian must be filed separately from a petition for the appointment of a temporary guardian.

      7.  If a person other than the public guardian served as temporary guardian [prior to] before the appointment of the public guardian as permanent or general guardian, the temporary guardian must file an accounting and report with the court in which the petition for the appointment of a public guardian was filed within 30 days of the appointment of the public guardian as permanent or general guardian.

      8.  In addition to NRS 159.099, a county is not liable on any written or oral contract entered into by the public guardian of the county for or on behalf of a ward.

      9.  For the purposes of this section:

      (a) Except as otherwise provided in paragraph (b), the county of residence of a person is the county to which the person moved with the intent to reside for an indefinite period.

 


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ê2009 Statutes of Nevada, Page 2273 (Chapter 416, SB 194)ê

 

      (b) The county of residence of a person placed in institutional care is the county that was the county of residence of the person before the person was placed in institutional care by a guardian or agency or under power of attorney.

      Sec. 12.  NRS 253.220 is hereby amended to read as follows:

      253.220  A public guardian may investigate the financial status, assets and personal and family history of any person for whom the public guardian has been appointed as guardian, without hiring or being licensed as a private investigator pursuant to chapter 648 of NRS. In connection with the investigation, the public guardian may require any [proposed] ward or any spouse, parent, child or other kindred of the [proposed] ward to give any information and to execute and deliver any written requests or authorizations necessary to provide the public guardian with access to records, otherwise confidential, which are needed by the public guardian. The public guardian may obtain information from any public record office of the State or any of its agencies or subdivisions upon request and without payment of any fees.

      Sec. 12.5.  NRS 253.250 is hereby amended to read as follows:

      253.250  The court may, at any time, terminate the appointment of a public guardian as an individual guardian of a person or of an estate upon petition by the ward [or] , the public guardian, any interested person or upon the court’s own motion if [it] :

      1.  It appears that the services of the public guardian are no longer necessary [.] ; or

      2.  After exercising due diligence, the public guardian is unable to identify a source to pay for the care of the ward and, as a consequence, continuation of the guardianship would confer no benefit upon the ward.

      Sec. 13.  NRS 481.063 is hereby amended to read as follows:

      481.063  1.  The Director may charge and collect reasonable fees for official publications of the Department and from persons making use of files and records of the Department or its various divisions for a private purpose. All money so collected must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

      2.  Except as otherwise provided in subsection 5, the Director may release personal information, except a photograph, from a file or record relating to the driver’s license, identification card, or title or registration of a vehicle of a person if the requester submits a written release from the person who holds a lien on the vehicle, or an agent of that person, or the person about whom the information is requested which is dated not more than 90 days before the date of the request. The written release must be in a form required by the Director.

      3.  Except as otherwise provided in subsection 2, the Director shall not release to any person who is not a representative of the Division of Welfare and Supportive Services of the Department of Health and Human Services or an officer, employee or agent of a law enforcement agency, an agent of the public defender’s office or an agency of a local government which collects fines imposed for parking violations, who is not conducting an investigation pursuant to NRS 253.0415 [, 253.044] or 253.220, who is not authorized to transact insurance pursuant to chapter 680A of NRS or who is not licensed as a private investigator pursuant to chapter 648 of NRS and conducting an investigation of an insurance claim:

      (a) A list which includes license plate numbers combined with any other information in the records or files of the Department;

 


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ê2009 Statutes of Nevada, Page 2274 (Chapter 416, SB 194)ê

 

      (b) The social security number of any person, if it is requested to facilitate the solicitation of that person to purchase a product or service; or

      (c) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

Ê When such personally identifiable information is requested of a law enforcement agency by the presentation of a license plate number, the law enforcement agency shall conduct an investigation regarding the person about whom information is being requested or, as soon as practicable, provide the requester with the requested information if the requester officially reports that the motor vehicle bearing that license plate was used in a violation of NRS 205.240, 205.345, 205.380 or 205.445.

      4.  Except as otherwise provided in subsections 2 and 5, the Director shall not release any personal information from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle.

      5.  Except as otherwise provided in paragraph (a) and subsection 6, if a person or governmental entity provides a description of the information requested and its proposed use and signs an affidavit to that effect, the Director may release any personal information, except a photograph, from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle for use:

      (a) By any governmental entity, including, but not limited to, any court or law enforcement agency, in carrying out its functions, or any person acting on behalf of a federal, state or local governmental agency in carrying out its functions. The personal information may include a photograph from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle.

      (b) In connection with any civil, criminal, administrative or arbitration proceeding before any federal or state court, regulatory body, board, commission or agency, including, but not limited to, use for service of process, investigation in anticipation of litigation, and execution or enforcement of judgments and orders, or pursuant to an order of a federal or state court.

      (c) In connection with matters relating to:

            (1) The safety of drivers of motor vehicles;

            (2) Safety and thefts of motor vehicles;

            (3) Emissions from motor vehicles;

            (4) Alterations of products related to motor vehicles;

            (5) An advisory notice relating to a motor vehicle or the recall of a motor vehicle;

            (6) Monitoring the performance of motor vehicles;

            (7) Parts or accessories of motor vehicles;

            (8) Dealers of motor vehicles; or

            (9) Removal of nonowner records from the original records of motor vehicle manufacturers.

      (d) By any insurer, self-insurer or organization that provides assistance or support to an insurer or self-insurer or its agents, employees or contractors, in connection with activities relating to the rating, underwriting or investigation of claims or the prevention of fraud.

      (e) In providing notice to the owners of vehicles that have been towed, repossessed or impounded.

 


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ê2009 Statutes of Nevada, Page 2275 (Chapter 416, SB 194)ê

 

      (f) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver’s license who is employed by or has applied for employment with the employer.

      (g) By a private investigator, private patrolman or security consultant who is licensed pursuant to chapter 648 of NRS, for any use permitted pursuant to this section.

      (h) By a reporter or editorial employee who is employed by or affiliated with any newspaper, press association or commercially operated, federally licensed radio or television station for a journalistic purpose. The Department may not make any inquiries regarding the use of or reason for the information requested other than whether the information will be used for a journalistic purpose.

      (i) In connection with an investigation conducted pursuant to NRS 253.0415 [, 253.044] or 253.220.

      (j) In activities relating to research and the production of statistical reports, if the personal information will not be published or otherwise redisclosed, or used to contact any person.

      (k) In the bulk distribution of surveys, marketing material or solicitations, if the Director has adopted policies and procedures to ensure that:

            (1) The information will be used or sold only for use in the bulk distribution of surveys, marketing material or solicitations;

            (2) Each person about whom the information is requested has clearly been provided with an opportunity to authorize such a use; and

            (3) If the person about whom the information is requested does not authorize such a use, the bulk distribution will not be directed toward that person.

      6.  Except as otherwise provided in paragraph (j) of subsection 5, a person who requests and receives personal information may sell or disclose that information only for a use permitted pursuant to subsection 5. Such a person shall keep and maintain for 5 years a record of:

      (a) Each person to whom the information is provided; and

      (b) The purpose for which that person will use the information.

Ê The record must be made available for examination by the Department at all reasonable times upon request.

      7.  Except as otherwise provided in subsection 2, the Director may deny any use of the files and records if he reasonably believes that the information taken may be used for an unwarranted invasion of a particular person’s privacy.

      8.  Except as otherwise provided in NRS 485.316, the Director shall not allow any person to make use of information retrieved from the database created pursuant to NRS 485.313 for a private purpose and shall not in any other way release any information retrieved from that database.

      9.  The Director shall adopt such regulations as he deems necessary to carry out the purposes of this section. In addition, the Director shall, by regulation, establish a procedure whereby a person who is requesting personal information may establish an account with the Department to facilitate his ability to request information electronically or by written request if he has submitted to the Department proof of his employment or licensure, as applicable, and a signed and notarized affidavit acknowledging:

 


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ê2009 Statutes of Nevada, Page 2276 (Chapter 416, SB 194)ê

 

      (a) That he has read and fully understands the current laws and regulations regarding the manner in which information from the Department’s files and records may be obtained and the limited uses which are permitted;

      (b) That he understands that any sale or disclosure of information so obtained must be in accordance with the provisions of this section;

      (c) That he understands that a record will be maintained by the Department of any information he requests; and

      (d) That he understands that a violation of the provisions of this section is a criminal offense.

      10.  It is unlawful for any person to:

      (a) Make a false representation to obtain any information from the files or records of the Department.

      (b) Knowingly obtain or disclose any information from the files or records of the Department for any use not permitted by the provisions of this chapter.

      11.  As used in this section, “personal information” means information that reveals the identity of a person, including, without limitation, his photograph, social security number, driver’s license number, identification card number, name, address, telephone number or information regarding a medical condition or disability. The term does not include the zip code of a person when separate from his full address, information regarding vehicular accidents or driving violations in which he has been involved or other information otherwise affecting his status as a driver.

      Sec. 14.  NRS 253.030, 253.041, 253.044, 253.0445 and 253.045 are hereby repealed.

      Sec. 15.  Notwithstanding any other provision of this act, the term of office of the person who holds the office of Public Administrator of Humboldt County on July 1, 2009, does not expire until that term would ordinarily expire pursuant to subsection 2 of NRS 253.010.

      Sec. 16.  1.  This section and sections 2, 9 and 15 of this act become effective on July 1, 2009.

      2.  Sections 1, 3 to 8, inclusive, and 10 to 14, inclusive, of this act become effective on October 1, 2009.

________

 


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ê2009 Statutes of Nevada, Page 2277ê

 

CHAPTER 417, SB 239

Senate Bill No. 239–Senators Horsford, Woodhouse, Care, Breeden, Parks; Amodei, Coffin, Copening, Lee, Mathews, Raggio, Rhoads, Washington and Wiener

 

Joint Sponsors: Assemblymen Atkinson, Conklin, Bobzien, Manendo, Aizley; Buckley, Carpenter, Claborn, Dondero Loop, Goicoechea, Hogan, Kirkpatrick, Koivisto, McClain, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom and Spiegel

 

CHAPTER 417

 

AN ACT relating to state departments; providing for greater coordination of Nevada’s economic development and workforce development goals; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

Legislative Counsel’s Digest:

      This bill requires the Governor’s Workforce Investment Board to establish industry sector councils to identify job training and education programs to best meet regional economic development goals. This bill also requires the Board to identify and seek federal funding to provide grants to fund those job training and education programs.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In appointing members of the Governor’s Workforce Investment Board, the Governor shall ensure that the membership as a whole represents:

      (a) Industry sectors which are essential to this State and which are driven primarily by demand;

      (b) Communities and areas of economic development which are essential to this State; and

      (c) The diversity of the workforce of this State, including, without limitation, geographic diversity and the diversity within regions of this State.

      2.  The Governor’s Workforce Investment Board shall:

      (a) Identify:

            (1) Industry sectors which are essential to this State; and

            (2) The region or regions of this State where the majority of the operations of each of those industry sectors is conducted; and

      (b) Establish:

            (1) Regional goals for economic development for each of the industry sectors identified pursuant to paragraph (a); and

            (2) A council for each industry sector.

      (c) Consider and develop programs to promote:

            (1) Strategies to improve labor markets for industries and regions of this State, including, without limitation, improving the availability of relevant information;

 


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ê2009 Statutes of Nevada, Page 2278 (Chapter 417, SB 239)ê

 

            (2) Coordination of the efforts of relevant public and private agencies and organizations;

            (3) Strategies for providing funding as needed by various industry sectors;

            (4) Increased production capacities for various industry sectors;

            (5) The development of useful measurements of performance and outcomes in various industry sectors;

            (6) Participation by and assistance from state and local government agencies;

            (7) Expanded market penetration, including, without limitation, by providing assistance to employers with small numbers of employees;

            (8) Partnerships between labor and management;

            (9) Business associations;

            (10) The development of improved instructional and educational resources for employers and employees; and

            (11) The development of improved economies of scale, as applicable, in industry sectors.

      3.  Each industry sector council established pursuant to subparagraph (2) of paragraph (b) of subsection 2:

      (a) Must be composed of representatives from:

            (1) Employers within that industry;

            (2) Organized labor within that industry;

            (3) Universities and community colleges; and

            (4) Any other relevant group of persons deemed to be appropriate by the Board.

      (b) Shall, within the parameters set forth in the American Recovery and Reinvestment Act of 2009 or the parameters of any other program for which the federal funding is available, identify job training and education programs which the industry sector council determines to have the greatest likelihood of meeting the regional goals for economic development established for that industry sector pursuant to subparagraph (1) of paragraph (b) of subsection 2.

      4.  The Board shall:

      (a) Identify and apply for federal funding available for the job training and education programs identified pursuant to paragraph (b) of subsection 3;

      (b) Consider and approve or disapprove applications for money;

      (c) Provide and administer grants of money to industry sector councils for the purpose of establishing job training and education programs in industry sectors for which regional goals for economic development have been established pursuant to subparagraph (1) of paragraph (b) of subsection 2; and

      (d) Adopt regulations establishing:

            (1) Guidelines for the submission and review of applications to receive grants of money from the Department; and

            (2) Criteria and standards for the eligibility for and use of any grants made pursuant to paragraph (c).

      5.  As used in this section, “industry sector” means a group of employers closely linked by common products or services, workforce needs, similar technologies, supply chains or other economic links.

 


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ê2009 Statutes of Nevada, Page 2279 (Chapter 417, SB 239)ê

 

      Sec. 1.7.  (Deleted by amendment.)

      Sec. 2.  NRS 232.900 is hereby amended to read as follows:

      232.900  As used in NRS 232.900 to 232.960, inclusive, and section 1 of this act, unless the context otherwise requires:

      1.  “Department” means the Department of Employment, Training and Rehabilitation.

      2.  “Director” means the Director of the Department.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 

CHAPTER 418, SB 248

Senate Bill No. 248–Senators Townsend; Hardy, Horsford, Lee, Mathews, McGinness and Rhoads

 

CHAPTER 418

 

AN ACT relating to local governmental planning; authorizing the extension of the validity of certain building permits and development agreements for a maximum of 15 years beyond the original expiration date if the land is leased for renewable energy generation projects; providing that certain changes to regulations or laws which are made after the issuance of the permit or the time the agreement is entered into, and which apply environmental, life or safety restrictions to the land, apply to the permit or agreement; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

Legislative Counsel’s Digest:

      Existing law prohibits construction without a building permit issued by the building official with authority over the land where any proposed construction would take place. (NRS 278.610) Existing law also authorizes the governing body of a city or county to enter into an agreement with a person concerning the development of land. (NRS 278.0201) This bill authorizes the extension of the validity of any such permit or agreement beyond its original expiration date if: (1) the permit holder or landowner cannot finance the proposed project; and (2) the land is leased for certain renewable energy projects. The extension is available for permits and agreements for residential and commercial development for a maximum of 15 years after the original expiration date of the permit or agreement. This bill also provides that if a building permit or development agreement is extended, no condition may be placed on the permit or agreement that was not imposed on the original permit or agreement. Additionally, this bill provides that new regulations or laws that apply environmental, life or safety protections to the land in question would also apply, but other zoning changes enacted after the issuance of the permit would not. Extensions for building permits and agreements pursuant to the provisions of this bill will not be issued after June 30, 2013.

 


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ê2009 Statutes of Nevada, Page 2280 (Chapter 418, SB 248)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  1.  “Renewable energy” means a source of energy that occurs naturally or is regenerated naturally, including, without limitation:

      (a) Biomass;

      (b) Fuel cells;

      (c) Geothermal energy;

      (d) Solar energy;

      (e) Waterpower; and

      (f) Wind.

      2.  The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

      Sec. 3.  “Renewable energy generation project” means a project involving an electric generating facility or system that uses renewable energy as its primary source of energy to generate electricity. The term does not include a project involving an electric generating facility or system that uses nuclear energy, in whole or in part, to generate electricity.

      Sec. 4.  1.  A director of planning or a governing body may extend the period for which a building permit for a residential or commercial project is valid if the person to whom the permit has been issued:

      (a) Applies for an extension before July 1, 2013, subject to any applicable ordinances or regulations adopted by the governing body;

      (b) Demonstrates to the satisfaction of the director of planning or governing body that:

            (1) Financing for the residential or commercial project is not available; and

            (2) The land will be leased for a renewable energy generation project ; and

      (c) Submits with his application for an extension an affidavit showing that due diligence has been used to obtain financing for the residential or commercial project. The affidavit must include, without limitation, evidence that:

            (1) The project was denied financing by at least two lenders; or

            (2) The person was unable to issue bonds or other securities to finance the project.

      2.  A building permit that is extended pursuant to subsection 1 must not be effective:

      (a) For more than 15 years after the original expiration date of the building permit; or

      (b) If the land ceases to be leased for a renewable energy generation project, after the period established by the director of planning or governing body pursuant to subsection 3.

      3.  If a director of planning or governing body extends the period for which a building permit is valid pursuant to subsection 1, the director of planning or governing body shall establish the maximum duration of the period for which the permit will remain valid if the land is no longer leased for a renewable energy generation project.

      4.  If a director of planning or governing body extends the period for which a building permit is valid pursuant to subsection 1:

 


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ê2009 Statutes of Nevada, Page 2281 (Chapter 418, SB 248)ê

 

      (a) No condition may be placed on the permit that was not imposed on the original permit; and

      (b) Except as otherwise provided in subsection 5, the ordinances, resolutions or regulations applicable to the land and governing the permitted uses of the land, density and standards for design, improvements and construction are those in effect at the time the building permit is issued.

      5.  Changes to ordinances, resolutions or regulations that enforce environmental, life or safety standards against parcels of land that the director of planning or governing body determines are similar to the land for which the building permit was issued will apply to the parcel of land for which the permit was issued.

      6.  As used in this section, “environmental, life or safety standards” include, without limitation:

      (a) Standards and codes relating to the usage of water; and

      (b) Any specialized or uniform code related to environmental, life or safety standards.

      Sec. 5.  NRS 278.010 is hereby amended to read as follows:

      278.010  As used in NRS 278.010 to 278.630, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0105 to 278.0195, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 6.  NRS 278.0201 is hereby amended to read as follows:

      278.0201  1.  In the manner prescribed by ordinance, a governing body may, upon application of any person having a legal or equitable interest in land, enter into an agreement with that person concerning the development of that land. This agreement must describe the land which is the subject of the agreement and specify the duration of the agreement, the permitted uses of the land, the density or intensity of its use, the maximum height and size of the proposed buildings and any provisions for the dedication of any portion of the land for public use. The agreement may fix the period within which construction must commence and provide for an extension of that deadline.

      2.  For an agreement entered into for the residential or commercial development of land, the governing body may extend, beyond the original deadline and beyond any extension of that deadline pursuant to subsection 1, the period within which construction must commence if the person:

      (a) Applies for an extension before July 1, 2013, subject to any applicable ordinances adopted by the governing body;

      (b) Demonstrates to the satisfaction of the governing body that:

            (1) Financing for the residential or commercial project is not available; and

            (2) The land will be leased for a renewable energy generation project; and

      (c) Submits with his application for an extension an affidavit showing that due diligence has been used to obtain financing for the residential or commercial project. The affidavit must include, without limitation, evidence that:

            (1) The project was denied financing by at least two lenders; or

            (2) The person was unable to issue bonds or other securities to finance the project.

 


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ê2009 Statutes of Nevada, Page 2282 (Chapter 418, SB 248)ê

 

      3.  An agreement must not be extended pursuant to subsection 2:

      (a) For more than 15 years after the original deadline or, if the deadline is extended pursuant to subsection 1, after that extension; or

      (b) If the land ceases to be leased for a renewable energy generation project, after the period established pursuant to subsection 4.

      4.  If a governing body extends a deadline pursuant to subsection 2, the governing body shall establish the maximum duration of the period for which the agreement will remain valid if the land is no longer leased for a renewable energy generation project.

      5.  Unless the agreement otherwise provides [,] and except as otherwise provided in subsection 7, the ordinances, resolutions or regulations applicable to that land and governing the permitted uses of that land, density and standards for design, improvements and construction are those in effect at the time the agreement is made.

      [3.] 6.  This section does not prohibit the governing body from adopting new ordinances, resolutions or regulations applicable to that land which do not conflict with those ordinances, resolutions and regulations in effect at the time the agreement is made, except that any subsequent action by the governing body must not prevent the development of the land as set forth in the agreement. The governing body is not prohibited from denying or conditionally approving any other plan for development pursuant to any ordinance, resolution or regulation in effect at the time of that denial or approval.

      [4.] 7.  Notwithstanding the provisions of subsection 6, if the governing body extends a deadline pursuant to subsection 2, changes to ordinances, resolutions or regulations that:

      (a) Are made after the extension is granted; and

      (b) Enforce environmental, life or safety standards against land that the governing body determines are similar to the land for which an agreement was made pursuant to this section,

Ê apply to the land for which the agreement was made.

      8.  The provisions of subsection 2 of NRS 278.315 and NRS 278.350 and 278.360 do not apply if an agreement entered into pursuant to this section contains provisions which are contrary to the respective sections.

      9.  As used in this section, “environmental, life or safety standards” include, without limitation:

      (a) Standards and codes relating to the usage of water; and

      (b) Any specialized or uniform code related to environmental, life or safety standards.

      Sec. 7.  This act becomes effective on July 1, 2009.

________

 


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ê2009 Statutes of Nevada, Page 2283ê

 

CHAPTER 419, SB 267

Senate Bill No. 267–Senator Wiener

 

CHAPTER 419

 

AN ACT relating to governmental administration; revising the provisions governing the notice of intention to act on a proposed regulation by a state agency subject to the Nevada Administrative Procedure Act; providing that workshops and hearings regarding a proposed regulation of such a state agency are subject to the Open Meeting Law; revising the procedure for the review of permanent regulations and certain temporary regulations by the Legislative Commission or the Subcommittee to Review Regulations; requiring a public body to make available certain documents to the public at a public meeting; eliminating certain nonprofit entities affiliated with a university or college from the definition of “university foundation” for purposes of the Open Meeting Law, the requirements relating to public records, the exemption from the tax on the transfer of real property and other requirements pertaining to university foundations; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

Legislative Counsel’s Digest:

      The Nevada Administrative Procedure Act requires each state agency that is not exempt from the Act to provide 30 days’ notice of its intended action on any proposed regulation. The agency is required to wait to give such notice until at least 30 days after delivering the proposed regulation to the Legislative Counsel or until the agency has received the approved or revised text of the proposed regulation from the Legislative Counsel, whichever occurs first. (NRS 233B.060) Section 1 of this bill makes receipt of the approved or revised text of the proposed regulation from the Legislative Counsel the only required condition before provision of the 30 days’ notice. Section 3 of this bill makes a conforming change.

      Existing law prescribes a procedure for the review of certain temporary regulations and of adopted permanent regulations by the Legislative Commission or the Subcommittee to Review Regulations for conformity with statutory authority and legislative intent. Under existing law, unless the Commission or Subcommittee objects to such a temporary or permanent regulation, the regulation becomes effective. (NRS 233B.0633, 233B.067, 233B.0675) Sections 4-6 of this bill require the Commission or Subcommittee to either affirmatively approve or object to a regulation.

      The Open Meeting Law requires all meetings of public bodies to be open and public unless otherwise provided by a specific statute. (NRS 241.020) Section 2 of this bill provides that each workshop and hearing required to be conducted concerning administrative regulations is subject to the Open Meeting Law. (NRS 233B.061)

      Under the Open Meeting Law, a public body is required, upon request and at no charge, to provide a copy of an agenda for the meeting, any proposed ordinance or regulation to be discussed at the meeting, and other supporting documents to members of the public body for an item on the agenda. (NRS 241.020) Section 7 of this bill requires that a public body make at least one copy of those documents available to the public at the public meeting to which the documents pertain.

 


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ê2009 Statutes of Nevada, Page 2284 (Chapter 419, SB 267)ê

 

      Section 8 of this bill amends the definition of “university foundation” to exclude certain nonprofit organizations affiliated with a university or college for the purposes of provisions applicable to university foundations, including the Open Meeting Law, the requirements relating to public records and the exemption from the tax on the transfer of real property. (NRS 239.005, 241.015, 375.090, 396.405, 396.535)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 233B.060 is hereby amended to read as follows:

      233B.060  1.  Except as otherwise provided in subsection 2 and NRS 233B.061, before adopting, amending or repealing:

      (a) A permanent regulation, the agency must, [30 days or more after delivering a copy of the proposed regulation to the Legislative Counsel, or] after receiving the approved or revised text of the proposed regulation prepared by the Legislative Counsel pursuant to NRS 233B.063, give at least 30 days’ notice of its intended action, unless a shorter period of notice is specifically permitted by statute.

      (b) A temporary regulation, the agency must give at least 30 days’ notice of its intended action, unless a shorter period of notice is specifically permitted by statute.

      2.  Except as otherwise provided in subsection 3, if an agency has adopted a temporary regulation after notice and the opportunity for a hearing as provided in this chapter, it may adopt, after providing a second notice and the opportunity for a hearing, a permanent regulation, but the language of the permanent regulation must first be approved or revised by the Legislative Counsel and the adopted regulation [is subject to review] must be approved by the Legislative Commission or the Subcommittee to Review Regulations appointed pursuant to subsection 6 of NRS 233B.067.

      3.  If the Public Utilities Commission of Nevada has adopted a temporary regulation after notice and the opportunity for a hearing as provided in this chapter, it may adopt a substantively equivalent permanent regulation without further notice or hearing, but the language of the permanent regulation must first be approved or revised by the Legislative Counsel and the adopted regulation [is subject to review] must be approved by the Legislative Commission or the Subcommittee to Review Regulations.

      Sec. 2.  NRS 233B.061 is hereby amended to read as follows:

      233B.061  1.  All interested persons must be afforded a reasonable opportunity to submit data, views or arguments upon a proposed regulation, orally or in writing.

      2.  Before holding the public hearing required pursuant to subsection 3, an agency shall conduct at least one workshop to solicit comments from interested persons on one or more general topics to be addressed in a proposed regulation. Not less than 15 days before the workshop, the agency shall provide notice of the time and place set for the workshop:

      (a) In writing to each person who has requested to be placed on a mailing list; and

      (b) In any other manner reasonably calculated to provide such notice to the general public and any business that may be affected by a proposed regulation which addresses the general topics to be considered at the workshop.

 


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ê2009 Statutes of Nevada, Page 2285 (Chapter 419, SB 267)ê

 

      3.  With respect to substantive regulations, the agency shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposed regulation and requests an oral hearing, the agency may proceed immediately to act upon any written submissions. The agency shall consider fully all written and oral submissions respecting the proposed regulation.

      4.  An agency shall not hold the public hearing required pursuant to subsection 3 on the same day that the agency holds the workshop required pursuant to subsection 2.

      5.  [The agency shall keep, retain and make available for public inspection written minutes and an audio recording or transcript of each public hearing held pursuant to subsection 3 in the manner provided in NRS 241.035.] Each workshop and public hearing required pursuant to subsections 2 and 3 must be conducted in accordance with the provisions of chapter 241 of NRS.

      Sec. 3.  NRS 233B.063 is hereby amended to read as follows:

      233B.063  1.  [At least 30 days before the time of giving notice of its intention] An agency that intends to adopt, amend or repeal a permanent regulation [an agency shall] must deliver to the Legislative Counsel a copy of the proposed regulation. The Legislative Counsel shall examine and if appropriate revise the language submitted so that it is clear, concise and suitable for incorporation in the Nevada Administrative Code, but shall not alter the meaning or effect without the consent of the agency.

      2.  Unless the proposed regulation is submitted to him between July 1 of an even-numbered year and July 1 of the succeeding odd-numbered year, the Legislative Counsel shall deliver the approved or revised text of the regulation within 30 days after it is submitted to him. If the proposed or revised text of a regulation is changed before adoption, the agency shall submit the changed text to the Legislative Counsel, who shall examine and revise it if appropriate pursuant to the standards of subsection 1. Unless it is submitted between July 1 of an even-numbered year and July 1 of the succeeding odd-numbered year, the Legislative Counsel shall return it with any appropriate revisions within 30 days. If the agency is a licensing board as defined in NRS 439B.225 and the proposed regulation relates to standards for licensing or registration or for the renewal of a license or a certificate of registration issued to a person or facility regulated by the agency, the Legislative Counsel shall also deliver one copy of the approved or revised text of the regulation to the Legislative Committee on Health Care.

      3.  An agency may adopt a temporary regulation between August 1 of an even-numbered year and July 1 of the succeeding odd-numbered year without following the procedure required by this section and NRS 233B.064, but any such regulation expires by limitation on November 1 of the odd-numbered year. A substantively identical permanent regulation may be subsequently adopted.

      4.  An agency may amend or suspend a permanent regulation between August 1 of an even-numbered year and July 1 of the succeeding odd-numbered year by adopting a temporary regulation in the same manner and subject to the same provisions as prescribed in subsection 3.

      Sec. 4.  NRS 233B.0633 is hereby amended to read as follows:

      233B.0633  1.  Upon the request of a Legislator, the Legislative Commission may examine a temporary regulation adopted by an agency that is not yet effective pursuant to subsection 2 of NRS 233B.070 to determine whether the temporary regulation conforms to the statutory authority pursuant to which it was adopted and whether the temporary regulation carries out the intent of the Legislature in granting that authority.

 


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ê2009 Statutes of Nevada, Page 2286 (Chapter 419, SB 267)ê

 

whether the temporary regulation conforms to the statutory authority pursuant to which it was adopted and whether the temporary regulation carries out the intent of the Legislature in granting that authority.

      2.  If a temporary regulation that the Legislative Commission is requested to examine pursuant to subsection 1 was required to be adopted by the agency pursuant to a federal statute or regulation and the temporary regulation exceeds the specific statutory authority of the agency or sets forth requirements that are more stringent than a statute of this State, the agency shall submit a statement to the Legislative Commission that adoption of the temporary regulation was required by a federal statute or regulation. The statement must include the specific citation of the federal statute or regulation requiring such adoption.

      3.  Except as otherwise provided in subsection 4, the Legislative Commission shall:

      (a) Review the temporary regulation at its next regularly scheduled meeting if the request for examination of the temporary regulation is received more than 10 working days before the meeting; or

      (b) Refer the temporary regulation for review to the Subcommittee to Review Regulations appointed pursuant to subsection 6 of NRS 233B.067.

      4.  If an agency determines that an emergency exists which requires a temporary regulation of the agency for which a Legislator requested an examination pursuant to subsection 1 to become effective before the next meeting of the Legislative Commission is scheduled to be held, the agency may notify the Legislative Counsel in writing of the emergency. Upon receipt of such a notice, the Legislative Counsel shall refer the temporary regulation for review by the Subcommittee to Review Regulations as soon as practicable.

      5.  If the Legislative Commission, or the Subcommittee to Review Regulations if the temporary regulation was referred, [does not object to] approves the temporary regulation, the Legislative Counsel shall notify the agency that the agency may file the temporary regulation with the Secretary of State. If the Commission or the Subcommittee objects to the temporary regulation after determining that:

      (a) If subsection 2 is applicable, the temporary regulation is not required pursuant to a federal statute or regulation;

      (b) The temporary regulation does not conform to statutory authority; or

      (c) The temporary regulation does not carry out legislative intent,

Ê the Legislative Counsel shall attach to the temporary regulation a written notice of the objection, including, if practicable, a statement of the reasons for the objection, and shall promptly return the temporary regulation to the agency.

      6.  If the Legislative Commission or the Subcommittee to Review Regulations has objected to a temporary regulation, the agency that adopted the temporary regulation shall revise the temporary regulation to conform to the statutory authority pursuant to which it was adopted and to carry out the intent of the Legislature in granting that authority and return it to the Legislative Counsel within 60 days after the agency received the written notice of the objection to the temporary regulation pursuant to subsection 5. Upon receipt of the revised temporary regulation, the Legislative Counsel shall resubmit the temporary regulation to the Legislative Commission or the Subcommittee for review. If [there is no objection to] the Legislative Commission or the Subcommittee approves the revised temporary regulation, the Legislative Counsel shall notify the agency that the agency may file the revised temporary regulation with the Secretary of State.

 


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ê2009 Statutes of Nevada, Page 2287 (Chapter 419, SB 267)ê

 

      7.  If the Legislative Commission or the Subcommittee to Review Regulations objects to the revised temporary regulation, the Legislative Counsel shall attach to the revised temporary regulation a written notice of the objection, including, if practicable, a statement of the reasons for the objection, and shall promptly return the revised temporary regulation to the agency. The agency shall continue to revise it and resubmit it to the Legislative Commission or the Subcommittee within 30 days after the agency received the written notice of the objection to the revised temporary regulation.

      Sec. 5.  NRS 233B.067 is hereby amended to read as follows:

      233B.067  1.  After adopting a permanent regulation, the agency shall submit the informational statement prepared pursuant to NRS 233B.066 and one copy of each regulation adopted to the Legislative Counsel for review by the Legislative Commission to determine whether the regulation conforms to the statutory authority pursuant to which it was adopted and whether the regulation carries out the intent of the Legislature in granting that authority. The Legislative Counsel shall endorse on the original and the copy of each adopted regulation the date of their receipt. The Legislative Counsel shall maintain the copy of the regulation in a file and make the copy available for public inspection for 2 years.

      2.  If an agency submits an adopted regulation to the Legislative Counsel pursuant to subsection 1 that:

      (a) The agency is required to adopt pursuant to a federal statute or regulation; and

      (b) Exceeds the specific statutory authority of the agency or sets forth requirements that are more stringent than a statute of this State,

Ê it shall include a statement that adoption of the regulation is required by a federal statute or regulation. The statement must include the specific citation of the federal statute or regulation requiring such adoption.

      3.  Except as otherwise provided in subsection 4, the Legislative Commission shall:

      (a) Review the regulation at its next regularly scheduled meeting if the regulation is received more than 10 working days before the meeting; or

      (b) Refer the regulation for review to the Subcommittee to Review Regulations appointed pursuant to subsection 6.

      4.  If an agency determines that an emergency exists which requires a regulation of the agency submitted pursuant to subsection 1 to become effective before the next meeting of the Legislative Commission is scheduled to be held, the agency may notify the Legislative Counsel in writing of the emergency. Upon receipt of such a notice, the Legislative Counsel shall refer the regulation for review by the Subcommittee to Review Regulations. The Subcommittee shall meet to review the regulation as soon as practicable.

      5.  If the Legislative Commission, or the Subcommittee to Review Regulations if the regulation was referred, [does not object to] approves the regulation, the Legislative Counsel shall promptly file the regulation with the Secretary of State and notify the agency of the filing. If the Commission or Subcommittee objects to the regulation after determining that:

      (a) If subsection 2 is applicable, the regulation is not required pursuant to a federal statute or regulation;

      (b) The regulation does not conform to statutory authority; or

      (c) The regulation does not carry out legislative intent,

 


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ê2009 Statutes of Nevada, Page 2288 (Chapter 419, SB 267)ê

 

Ê the Legislative Counsel shall attach to the regulation a written notice of the objection, including, if practicable, a statement of the reasons for the objection, and shall promptly return the regulation to the agency.

      6.  As soon as practicable after each regular legislative session, the Legislative Commission shall appoint a Subcommittee to Review Regulations consisting of at least three members of the Legislative Commission.

      Sec. 6.  NRS 233B.0675 is hereby amended to read as follows:

      233B.0675  1.  If the Legislative Commission, or the Subcommittee to Review Regulations appointed pursuant to subsection 6 of NRS 233B.067, has objected to a regulation, the agency shall revise the regulation to conform to the statutory authority pursuant to which it was adopted and to carry out the intent of the Legislature in granting that authority and return it to the Legislative Counsel within 60 days after the agency received the written notice of the objection to the regulation pursuant to NRS 233B.067. Upon receipt of the revised regulation, the Legislative Counsel shall resubmit the regulation to the Commission or Subcommittee for review. If [there is no objection to] the Commission or Subcommittee approves the revised regulation, the Legislative Counsel shall promptly file the revised regulation with the Secretary of State and notify the agency of the filing.

      2.  If the Legislative Commission or Subcommittee objects to the revised regulation, the Legislative Counsel shall attach to the revised regulation a written notice of the objection, including, if practicable, a statement of the reasons for the objection, and shall promptly return the revised regulation to the agency. The agency shall continue to revise it and resubmit it to the Commission or Subcommittee within 30 days after the agency received the written notice of the objection to the revised regulation.

      Sec. 7.  NRS 241.020 is hereby amended to read as follows:

      241.020  1.  Except as otherwise provided by specific statute, all meetings of public bodies must be open and public, and all persons must be permitted to attend any meeting of these public bodies. A meeting that is closed pursuant to a specific statute may only be closed to the extent specified in the statute allowing the meeting to be closed. All other portions of the meeting must be open and public, and the public body must comply with all other provisions of this chapter to the extent not specifically precluded by the specific statute. Public officers and employees responsible for these meetings shall make reasonable efforts to assist and accommodate persons with physical disabilities desiring to attend.

      2.  Except in an emergency, written notice of all meetings must be given at least 3 working days before the meeting. The notice must include:

      (a) The time, place and location of the meeting.

      (b) A list of the locations where the notice has been posted.

      (c) An agenda consisting of:

            (1) A clear and complete statement of the topics scheduled to be considered during the meeting.

            (2) A list describing the items on which action may be taken and clearly denoting that action may be taken on those items.

            (3) A period devoted to comments by the general public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item of the agenda until the matter itself has been specifically included on an agenda as an item upon which action may be taken pursuant to subparagraph (2).

 


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ê2009 Statutes of Nevada, Page 2289 (Chapter 419, SB 267)ê

 

            (4) If any portion of the meeting will be closed to consider the character, alleged misconduct or professional competence of a person, the name of the person whose character, alleged misconduct or professional competence will be considered.

            (5) If, during any portion of the meeting, the public body will consider whether to take administrative action against a person, the name of the person against whom administrative action may be taken.

      3.  Minimum public notice is:

      (a) Posting a copy of the notice at the principal office of the public body or, if there is no principal office, at the building in which the meeting is to be held, and at not less than three other separate, prominent places within the jurisdiction of the public body not later than 9 a.m. of the third working day before the meeting; and

      (b) Providing a copy of the notice to any person who has requested notice of the meetings of the public body. A request for notice lapses 6 months after it is made. The public body shall inform the requester of this fact by enclosure with, notation upon or text included within the first notice sent. The notice must be:

            (1) Delivered to the postal service used by the public body not later than 9 a.m. of the third working day before the meeting for transmittal to the requester by regular mail; or

            (2) If feasible for the public body and the requester has agreed to receive the public notice by electronic mail, transmitted to the requester by electronic mail sent not later than 9 a.m. of the third working day before the meeting.

      4.  If a public body maintains a website on the Internet or its successor, the public body shall post notice of each of its meetings on its website unless the public body is unable to do so because of technical problems relating to the operation or maintenance of its website. Notice posted pursuant to this subsection is supplemental to and is not a substitute for the minimum public notice required pursuant to subsection 3. The inability of a public body to post notice of a meeting pursuant to this subsection as a result of technical problems with its website shall not be deemed to be a violation of the provisions of this chapter.

      5.  Upon any request, a public body shall provide, at no charge, at least one copy of:

      (a) An agenda for a public meeting;

      (b) A proposed ordinance or regulation which will be discussed at the public meeting; and

      (c) Subject to the provisions of subsection 6, any other supporting material provided to the members of the public body for an item on the agenda, except materials:

            (1) Submitted to the public body pursuant to a nondisclosure or confidentiality agreement which relates to proprietary information;

            (2) Pertaining to the closed portion of such a meeting of the public body; or

            (3) Declared confidential by law, unless otherwise agreed to by each person whose interest is being protected under the order of confidentiality.

Ê The public body shall make at least one copy of the documents described in paragraphs (a), (b) and (c) available to the public at the meeting to which the documents pertain. As used in this subsection, “proprietary information” has the meaning ascribed to it in NRS 332.025.

 


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ê2009 Statutes of Nevada, Page 2290 (Chapter 419, SB 267)ê

 

      6.  A copy of supporting material required to be provided upon request pursuant to paragraph (c) of subsection 5 must be:

      (a) If the supporting material is provided to the members of the public body before the meeting, made available to the requester at the time the material is provided to the members of the public body; or

      (b) If the supporting material is provided to the members of the public body at the meeting, made available at the meeting to the requester at the same time the material is provided to the members of the public body.

Ê If the requester has agreed to receive the information and material set forth in subsection 5 by electronic mail, the public body shall, if feasible, provide the information and material by electronic mail.

      7.  A public body may provide the public notice, information and material required by this section by electronic mail. If a public body makes such notice, information and material available by electronic mail, the public body shall inquire of a person who requests the notice, information or material if the person will accept receipt by electronic mail. The inability of a public body, as a result of technical problems with its electronic mail system, to provide a public notice, information or material required by this section to a person who has agreed to receive such notice, information or material by electronic mail shall not be deemed to be a violation of the provisions of this chapter.

      8.  As used in this section, “emergency” means an unforeseen circumstance which requires immediate action and includes, but is not limited to:

      (a) Disasters caused by fire, flood, earthquake or other natural causes; or

      (b) Any impairment of the health and safety of the public.

      Sec. 8.  NRS 396.405 is hereby amended to read as follows:

      396.405  1.  A university foundation:

      (a) Shall comply with the provisions of chapter 241 of NRS;

      (b) Except as otherwise provided in subsection 2, shall make its records public and open to inspection pursuant to NRS 239.010;

      (c) Is exempt from the taxes imposed by NRS 375.020, 375.023 and 375.026 pursuant to subsection 14 of NRS 375.090; and

      (d) May allow a president or an administrator of the university, state college or community college which it supports to serve as a member of its governing body.

      2.  A university foundation is not required to disclose the name of any contributor or potential contributor to the university foundation, the amount of his contribution or any information which may reveal or lead to the discovery of his identity. The university foundation shall, upon request, allow a contributor to examine, during regular business hours, any record, document or other information of the foundation relating to that contributor.

      3.  As used in this section, “university foundation” means a nonprofit corporation, association or institution or a charitable organization that is:

      (a) Organized and operated [exclusively] primarily for the purpose of [supporting] fundraising in support of a university, state college or a community college;

      (b) Formed pursuant to the laws of this State; and

      (c) Exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).

      Sec. 9.  This act becomes effective on July 1, 2009.

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ê2009 Statutes of Nevada, Page 2291ê

 

CHAPTER 420, SB 318

Senate Bill No. 318–Senators Copening and Parks

 

CHAPTER 420

 

AN ACT relating to the Nevada System of Higher Education; revising provisions governing tuition paid by persons in the Armed Forces of the United States and by veterans at campuses of the Nevada System of Higher Education; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

Legislative Counsel’s Digest:

      Existing law authorizes the Board of Regents of the University of Nevada to fix a tuition charge for students at all campuses of the Nevada System of Higher Education but requires that tuition be free for: (1) all students whose families have been bona fide residents of Nevada for at least 12 months before matriculation; (2) all students who themselves have been bona fide residents of Nevada for at least 12 months before matriculation; (3) public school teachers; (4) full-time teachers in private schools who satisfy certain criteria; (5) employees of the System; and (6) members of the Armed Forces of the United States. (NRS 396.540) This bill provides that members of the Armed Forces of the United States must be on active duty and stationed in Nevada to receive free tuition. In addition, this bill provides that tuition must also be free for veterans of the Armed Forces of the United States who were honorably discharged and who were on active duty and stationed at a military installation in the State of Nevada or certain other military installations on the date of discharge.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 396.540 is hereby amended to read as follows:

      396.540  1.  For the purposes of this section:

      (a) “Bona fide resident” shall be construed in accordance with the provisions of NRS 10.155 and policies established by the Board of Regents, to the extent that those policies do not conflict with any statute. The qualification “bona fide” is intended to [assure] ensure that the residence is genuine and established for purposes other than the avoidance of tuition.

      (b) “Matriculation” has the meaning ascribed to it in regulations adopted by the Board of Regents.

      (c) “Tuition charge” means a charge assessed against students who are not residents of Nevada and which is in addition to registration fees or other fees assessed against students who are residents of Nevada.

      2.  The Board of Regents may fix a tuition charge for students at all campuses of the System, but tuition must be free to:

      (a) All students whose families have been bona fide residents of the State of Nevada for at least 12 months [prior to] before the matriculation of the student at a university, state college or community college within the System;

      (b) All students whose families reside outside of the State of Nevada, providing such students have themselves been bona fide residents of the State of Nevada for at least 12 months before their matriculation at a university, state college or community college within the System;

      (c) All public school teachers who are employed full-time by school districts in the State of Nevada;

 


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ê2009 Statutes of Nevada, Page 2292 (Chapter 420, SB 318)ê

 

      (d) All full-time teachers in private elementary, secondary and postsecondary educational institutions in the State of Nevada whose curricula meet the requirements of chapter 394 of NRS;

      (e) Employees of the System who take classes other than during their regular working hours; [and]

      (f) Members of the Armed Forces of the United States [.] who are on active duty and stationed at a military installation in the State of Nevada; and

      (g) Veterans of the Armed Forces of the United States who were honorably discharged and who were on active duty while stationed at a military installation in the State of Nevada or a military installation in another state which has a specific nexus to this State, including, without limitation, the Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California, on the date of discharge.

      3.  The Board of Regents may grant tuitions free each semester to other worthwhile and deserving students from other states and foreign countries, in a number not to exceed a number equal to 3 percent of the total matriculated enrollment of students for the last preceding fall semester.

      Sec. 2.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 421, SB 382

Senate Bill No. 382–Committee on Health and Education

 

CHAPTER 421

 

AN ACT relating to public welfare; revising provisions relating to the disproportionate share payments made to certain hospitals; requiring the Division of Health Care Financing and Policy of the Department of Health and Human Services to prescribe by regulation provisions relating to audits of and other requirements for certain hospitals; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

Legislative Counsel’s Digest:

      Existing federal law requires each state to adopt a state plan for Medicaid and requires that the plan include a description of the methodology used by the state to identify certain hospitals which serve a disproportionate number of low-income patients and to pay those hospitals for their uncompensated costs associated with providing services to those patients. These hospitals are known as disproportionate share hospitals. (42 U.S.C. § 1396r-4) The Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services issued a final rule amending regulations which govern the disproportionate share hospitals, payments to those hospitals and audits of those hospitals. This rule became effective on January 19, 2009. The State Plan for Medicaid for Nevada provides for payments to disproportionate share hospitals and requires the Division of Health Care Financing and Policy of the Department of Health and Human Services to calculate the uncompensated care percentage of each hospital for purposes of making those payments. (NRS 422.380-422.390) This bill amends existing laws relating to disproportionate share hospitals and payments to those hospitals to comply with the final rule adopted by the Centers for Medicare and Medicaid Services.

 


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ê2009 Statutes of Nevada, Page 2293 (Chapter 421, SB 382)ê

 

      Section 3 of this bill eliminates the specific amount which must be paid to the Division by counties whose population is more than 100,000 to assist with disproportionate share payments, and section 6 of this bill requires the Division to prescribe by regulation the methodology that will be used to determine the amount which a county must pay. (NRS 422.382, 422.390) Section 5 of this bill eliminates the specific amounts which must be paid to certain hospitals in this State and requires the State Plan for Medicaid and the Division to establish the methodologies for determining the disproportionate share payments which must be paid to hospitals, which must be in accordance with federal law and regulations. (NRS 422.387) Section 6 of this bill requires the Division to adopt regulations to carry out the provisions relating to audits, the recovery of overpayments of disproportionate share payments and the redistribution of the money recovered in accordance with federal law and federal regulations. (NRS 422.390)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 422.380 is hereby amended to read as follows:

      422.380  As used in NRS 422.380 to 422.390, inclusive, unless the context otherwise requires:

      1.  “Disproportionate share payment” means a payment made pursuant to 42 U.S.C. § 1396r-4.

      2.  “Hospital” has the meaning ascribed to it in NRS 439B.110 and includes public and private hospitals.

      [3.  “Public hospital” means:

      (a) A hospital owned by a state or local government, including, without limitation, a hospital district; or

      (b) A hospital that is supported in whole or in part by tax revenue, other than tax revenue received for medical care which is provided to Medicaid patients, indigent patients or other low-income patients.]

      Sec. 2.  (Deleted by amendment.)

      Sec. 3.  NRS 422.382 is hereby amended to read as follows:

      422.382  1.  [In a county whose population is 100,000 or more within which:

      (a) A public hospital is located, the state or local government or other entity responsible for the public hospital shall transfer an amount equal to:

            (1) Seventy percent of the total amount of disproportionate share payments distributed to all hospitals pursuant to NRS 422.387 for a fiscal year, less $1,050,000; or

            (2) Sixty-eight and fifty-four one hundredths percent of the total amount of disproportionate share payments distributed to all hospitals pursuant to NRS 422.387 for a fiscal year,

Ê whichever is less, to the Division.

      (b) A private hospital which receives a disproportionate share payment pursuant to paragraph (c) of subsection 2 of NRS 422.387 is located, the county shall transfer 1.95 percent of the total amount of disproportionate share payments distributed to all hospitals pursuant to NRS 422.387 for a fiscal year, but not more than $1,500,000, to the Division.

      2.  A county that transfers the amount required pursuant to paragraph (b) of subsection 1 to the Division is discharged of the duty and is released from liability for providing medical treatment for indigent inpatients who are treated in the hospital in the county that receives a payment pursuant to paragraph (c) of subsection 2 of NRS 422.387.

 


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ê2009 Statutes of Nevada, Page 2294 (Chapter 421, SB 382)ê

 

      3.]  The money transferred to the Division in accordance with the regulations adopted pursuant to [subsection 1] paragraph (a) of subsection 1 of NRS 422.390 must not come from any source of funding that could result in any reduction in revenue to the State pursuant to 42 U.S.C. § 1396b(w).

      [4.] 2.  Any money collected in accordance with the regulations adopted pursuant to [subsection 1,] subsection 1 of NRS 422.390, including any interest or penalties imposed for a delinquent payment, must be deposited in the State Treasury for credit to the Intergovernmental Transfer Account in the State General Fund to be administered by the Division.

      [5.] 3.  The interest and income earned on money in the Intergovernmental Transfer Account, after deducting any applicable charges, must be credited to the Account.

      Sec. 4.  NRS 422.385 is hereby amended to read as follows:

      422.385  1.  The [allocations and] disproportionate share payments [required pursuant to subsections 1 to 5, inclusive, of NRS 422.387] made to hospitals must be made, to the extent allowed by the State Plan for Medicaid, from the Medicaid Budget Account.

      2.  [Except as otherwise provided in subsection 3 and subsection 6 of NRS 422.387, the] The money in the Intergovernmental Transfer Account must be transferred from that Account to the Medicaid Budget Account to the extent that money is available from the Federal Government for proposed expenditures, including expenditures for administrative costs. If the amount in the Account exceeds the amount authorized for expenditure by the Division for the purposes [specified in NRS 422.387,] of making disproportionate share payments, the Division is authorized to expend the additional revenue in accordance with the provisions of the State Plan for Medicaid.

      3.  If enough money is available to support Medicaid and to make the disproportionate share payments , [required by subsection 6 of NRS 422.387,] money in the Intergovernmental Transfer Account may be transferred:

      (a) To an account established for the provision of health care services to uninsured children pursuant to a federal program in which at least 50 percent of the cost of such services is paid for by the Federal Government, including, without limitation, the Children’s Health Insurance Program; or

      (b) To carry out the provisions of NRS 439B.350 and 439B.360.

      Sec. 5.  NRS 422.387 is hereby amended to read as follows:

      422.387  1.  [Before making the payments required or authorized by this section, the Division shall allocate money for the administrative costs necessary to carry out the provisions of NRS 422.380 to 422.390, inclusive. The amount allocated for administrative costs must not exceed the amount authorized for expenditure by the Legislature for this purpose in a fiscal year. The Interim Finance Committee may adjust the amount allowed for administrative costs.

      2.  The State Plan for Medicaid must provide for the payment of the maximum amount of disproportionate share payments allowable under federal law and regulations. The State Plan for Medicaid must provide that for:

      (a) All public hospitals in counties whose population is 400,000 or more, the total annual disproportionate share payments are $66,650,000 plus 90 percent of the total amount of disproportionate share payments distributed by the State in that fiscal year that exceeds $76,000,000;

 


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ê2009 Statutes of Nevada, Page 2295 (Chapter 421, SB 382)ê

 

      (b) All private hospitals in counties whose population is 400,000 or more, the total annual disproportionate share payments are $1,200,000 plus 2.5 percent of the total amount of disproportionate share payments distributed by the State in that fiscal year that exceeds $76,000,000;

      (c) All private hospitals in counties whose population is 100,000 or more but less than 400,000, the total annual disproportionate share payments are $4,800,000 plus 2.5 percent of the total amount of disproportionate share payments distributed by the State in that fiscal year that exceeds $76,000,000;

      (d) All public hospitals in counties whose population is less than 100,000, the total annual disproportionate share payments are $900,000 plus 2.5 percent of the total amount of disproportionate share payments distributed by the State in that fiscal year that exceeds $76,000,000; and

      (e) All private hospitals in counties whose population is less than 100,000, the total annual disproportionate share payments are $2,450,000 plus 2.5 percent of the total amount of disproportionate share payments distributed by the State in that fiscal year that exceeds $76,000,000.

      3.]  The State Plan for Medicaid must provide [for a base payment in an amount determined pursuant to subsections 4 and 5. Any amount set forth in each paragraph of subsection 2 that remains after all base payments have been distributed must be distributed to the hospital within that paragraph with the highest uncompensated care percentage in an amount equal to either the amount remaining after all base payments have been distributed or the amount necessary to reduce the uncompensated care percentage of that hospital to the uncompensated care percentage of the hospital in that paragraph with the second highest uncompensated care percentage, whichever is less. Any amount set forth in subsection 2 that remains after the uncompensated care percentage of the hospital with the highest uncompensated care percentage in a paragraph has been reduced to equal the uncompensated care percentage of the hospital in that paragraph with the second highest uncompensated care percentage must be distributed equally to the two hospitals with the highest uncompensated care percentage in that paragraph until their uncompensated care percentages are equal to the uncompensated care percentage of the hospital with the third highest uncompensated care percentage in that paragraph. This process must be repeated until all available funds set forth in a paragraph of subsection 2 have been distributed.

      4.  Except as otherwise provided in subsection 5, the base payments for the purposes of subsection 3 are:

      (a) For the University Medical Center of Southern Nevada, $66,531,729;

      (b) For Washoe Medical Center, $4,800,000;

      (c) For Carson-Tahoe Hospital, $1,000,000;

      (d) For Northeastern Nevada Regional Hospital, $500,000;

      (e) For Churchill Community Hospital, $500,000;

      (f) For Humboldt General Hospital, $215,109;

      (g) For William Bee Ririe Hospital, $204,001;

      (h) For Mt. Grant General Hospital, $195,838;

      (i) For South Lyon Medical Center, $174,417; and

      (j) For Nye Regional Medical Center, $115,000,

Ê or the successors in interest to such hospitals.] the methodology for:

 


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ê2009 Statutes of Nevada, Page 2296 (Chapter 421, SB 382)ê

 

      (a) Calculating the initial distribution of the disproportionate share payments in accordance with the regulations adopted pursuant to NRS 422.390;

      (b) Adjusting the disproportionate share payment to a hospital if the annual audit of the hospital demonstrates that the disproportionate share payment made to the hospital was greater than the amount of money which the hospital was eligible to receive; and

      (c) Redistributing any amount of disproportionate share payments which are returned to the Division as a result of the adjustments made in accordance with paragraph (b).

      2.  The State Plan for Medicaid or, if the Division deems necessary, the Division may require a hospital to submit any documentation or other information to verify eligibility for a disproportionate share payment or compliance with the requirements of NRS 422.380 to 422.390, inclusive. A disproportionate share payment may not be calculated for or made to a hospital which fails to provide the Division with documentation or other information that is required by the State Plan for Medicaid or the Division.

      [5.  The]

      3.  Except as otherwise provided in subsection 4, the State Plan for Medicaid must be consistent with the provisions of NRS 422.380 to 422.390, inclusive, and the regulations adopted pursuant thereto, and Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., and the regulations adopted pursuant to those provisions. [If the total amount available to the State for making disproportionate share payments is less than $76,000,000, the Administrator:

      (a) Shall adjust the amounts for each group of hospitals described in a paragraph of subsection 2 proportionally in accordance with the limits of federal law. If the amount available to hospitals in a group described in a paragraph of subsection 2 is less than the total amount of base payments specified in subsection 4, the Administrator shall reduce the base payments proportionally in accordance with the limits of federal law.

      (b) Shall adopt a regulation specifying the amount of the reductions required by paragraph (a).

      6.  To the extent that money is available in the Intergovernmental Transfer Account, the Division shall distribute $50,000 from that Account each fiscal year to each public hospital which:

      (a) Is located in a county that does not have any other hospitals; and

      (b) Is not eligible for a payment pursuant to subsections 2, 3 and 4.

      7.  As used in this section:

      (a) “Total revenue” is the amount of revenue a hospital receives for patient care and other services, net of any contractual allowances or bad debts.

      (b) “Uncompensated care costs” means the total costs of a hospital incurred in providing care to uninsured patients, including, without limitation, patients covered by Medicaid or another governmental program for indigent patients, less any payments received by the hospital for that care.

      (c) “Uncompensated care percentage” means the uncompensated care costs of a hospital divided by the total revenue for the hospital.]

      4.  If the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services denies an amendment to the State Plan for Medicaid, the Director may negotiate terms which are acceptable to the Centers for Medicare and Medicaid Services which are inconsistent with the provisions of NRS 422.380 to 422.390, inclusive, and the regulations adopted pursuant thereto if:

 


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ê2009 Statutes of Nevada, Page 2297 (Chapter 421, SB 382)ê

 

inconsistent with the provisions of NRS 422.380 to 422.390, inclusive, and the regulations adopted pursuant thereto if:

      (a) Negotiating such terms is necessary to ensure that the State Plan for Medicaid is consistent with the provisions of Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., and the regulations adopted pursuant to those provisions; and

      (b) Before finalizing such an amendment to the State Plan for Medicaid, the Director obtains the approval of the Interim Finance Committee.

      Sec. 6.  NRS 422.390 is hereby amended to read as follows:

      422.390  1.  The Division shall adopt regulations concerning:

      (a) Procedures for the [transfer to the Division of the amount required pursuant to NRS 422.382.] intergovernmental transfers of money from the counties to the Division for the purposes of carrying out the provisions of NRS 422.380 to 422.390, inclusive, and the State Plan for Medicaid.

      (b) Provisions for the payment of a penalty and interest for a delinquent intergovernmental transfer.

      (c) Provisions for the payment of interest by the Division for late reimbursements to hospitals or other providers of medical care.

      (d) Provisions for the calculation of [the uncompensated care percentage] disproportionate share payments for hospitals . [, including, without limitation, the procedures and methodology required to be used in calculating the percentage, and any]

      (e) Any required documentation of and reporting by a hospital relating to the calculation [.] of the disproportionate share payment for the hospital and the verification of the disproportionate share payment that has been received by the hospital.

      (f) Procedures and requirements for conducting independent and certified audits of hospitals and the disproportionate share payments made to hospitals as required pursuant to Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., and the regulations adopted pursuant to those provisions.

      (g) Procedures for adjusting a disproportionate share payment in accordance with Title XIX of the Social Security Act, 42 U.S.C. §§ 1396, et seq., and the regulations adopted pursuant to those provisions, if the audit of a hospital demonstrates that a disproportionate share payment made to the hospital was greater than the amount of money the hospital was eligible to receive.

      (h) Procedures for redistributing any disproportionate share payment returned to the Division by a hospital in accordance with Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., and the regulations adopted pursuant to those provisions.

      2.  The Division shall report to the Interim Finance Committee quarterly concerning the provisions of NRS 422.380 to 422.390, inclusive.

      3.  Notwithstanding the provisions of NRS 233B.039 to the contrary, the regulations adopted pursuant to this section must be adopted in accordance with the provisions of chapter 233B of NRS and must be codified in the Nevada Administrative Code.

      Sec. 6.5.  NRS 233B.039 is hereby amended to read as follows:

      233B.039  1.  The following agencies are entirely exempted from the requirements of this chapter:

      (a) The Governor.

      (b) The Department of Corrections.

 


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ê2009 Statutes of Nevada, Page 2298 (Chapter 421, SB 382)ê

 

      (c) The Nevada System of Higher Education.

      (d) The Office of the Military.

      (e) The State Gaming Control Board.

      (f) Except as otherwise provided in NRS 368A.140, the Nevada Gaming Commission.

      (g) The Division of Welfare and Supportive Services of the Department of Health and Human Services.

      (h) [The] Except as otherwise provided in NRS 422.390, the Division of Health Care Financing and Policy of the Department of Health and Human Services.

      (i) The State Board of Examiners acting pursuant to chapter 217 of NRS.

      (j) Except as otherwise provided in NRS 533.365, the Office of the State Engineer.

      (k) The Division of Industrial Relations of the Department of Business and Industry acting to enforce the provisions of NRS 618.375.

      (l) The Administrator of the Division of Industrial Relations of the Department of Business and Industry in establishing and adjusting the schedule of fees and charges for accident benefits pursuant to subsection 2 of NRS 616C.260.

      (m) The Board to Review Claims in adopting resolutions to carry out its duties pursuant to NRS 590.830.

      2.  Except as otherwise provided in subsection 5 and NRS 391.323, the Department of Education, the Board of the Public Employees’ Benefits Program and the Commission on Professional Standards in Education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

      3.  The special provisions of:

      (a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the Employment Security Division of the Department of Employment, Training and Rehabilitation;

      (b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;

      (c) Chapter 703 of NRS for the judicial review of decisions of the Public Utilities Commission of Nevada;

      (d) Chapter 91 of NRS for the judicial review of decisions of the Administrator of the Securities Division of the Office of the Secretary of State; and

      (e) NRS 90.800 for the use of summary orders in contested cases,

Ê prevail over the general provisions of this chapter.

      4.  The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the Department of Health and Human Services in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.

      5.  The provisions of this chapter do not apply to:

      (a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the State Board of Agriculture, the State Board of Health, or any other agency of this State in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control;

      (b) An extraordinary regulation of the State Board of Pharmacy adopted pursuant to NRS 453.2184; or

 


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ê2009 Statutes of Nevada, Page 2299 (Chapter 421, SB 382)ê

 

      (c) A regulation adopted by the State Board of Education pursuant to NRS 392.644 or 394.1694.

      6.  The State Board of Parole Commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

      Sec. 7.  NRS 450.750 is hereby amended to read as follows:

      450.750  For the purposes of NRS [422.382,] 422.380 to 422.390, inclusive, if a hospital district created pursuant to NRS 450.550 to 450.750, inclusive, includes territory within more than one county, the board of county commissioners of the county in which the hospital is located shall be deemed to be the local government responsible for transferring payments of money to the Department [of Health and Human Services] for treatment of [medically indigent] patients pursuant to the provisions of [that section.] NRS 422.380 to 422.390, inclusive.

      Sec. 7.3.  NRS 422.3807 is hereby repealed.

      Sec. 7.5.  1.  The Division of Health Care Financing and Policy of the Department of Health and Human Services shall consider the following in adopting the regulations required pursuant to NRS 422.390, as amended by section 6 of this act:

      (a) The role of public hospitals in providing health care in this State;

      (b) The role of rural hospitals in providing health care in this State;

      (c) Providing resources to hospitals that have demonstrated a commitment to serving uninsured patients and patients who are on Medicaid;

      (d) Providing transitional payments for hospitals which were receiving payments pursuant to the provisions of NRS 422.380 to 422.390, inclusive, before July 1, 2010, that will no longer be eligible to receive a disproportionate share payment pursuant to the regulations;

      (e) Ensuring that all money available for disproportionate share payments is expended; and

      (f) Increasing state revenue available for disproportionate share payments to fill any loss in revenue from counties.

      2.  The Division of Health Care Financing and Policy shall quarterly report to the Legislative Committee on Health Care and the Interim Finance Committee concerning the status of the regulations required pursuant to NRS 422.390, as amended by section 6 of this act, and an update of the workshops and meetings relating to those regulations. The Division shall give a final report when the regulations are filed with the Secretary of State.

      3.  The Division of Health Care Financing and Policy shall adopt the regulations required pursuant to NRS 422.390, as amended by section 6 of this act, on or before June 30, 2010.

      Sec. 8.  The Department of Health and Human Services may conduct audits in accordance with the regulations adopted pursuant to NRS 422.390, as amended by section 6 of this act, for any previous fiscal year as required pursuant to Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., and the regulations adopted pursuant to those provisions.

      Sec. 9.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 10.  This act becomes effective upon passage and approval for purposes of adopting regulations and amending the State Plan for Medicaid and on July 1, 2010, for all other purposes.

________

 


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ê2009 Statutes of Nevada, Page 2300ê

 

CHAPTER 422, SB 389

Senate Bill No. 389–Committee on Health and Education

 

CHAPTER 422

 

AN ACT relating to education; revising provisions governing public schools that are designated as demonstrating need for improvement; revising other provisions related to the accountability of public schools; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

Legislative Counsel’s Digest:

      Under existing law, a “Title I school” is a public school that receives money pursuant to the No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301 et seq., and is obligated to comply with the provisions of that federal law. (NRS 385.3746) Existing law requires each public school to be designated annually as demonstrating exemplary achievement, high achievement, adequate achievement or need for improvement. (NRS 385.3263, 385.3266) Under existing law, if a school is designated as demonstrating need for improvement for 2 or more consecutive years, increasingly progressive actions must be taken to improve the achievement of pupils enrolled at the school. (NRS 385.3455-385.391)

      Under existing law, if a school is designated as demonstrating need for improvement for 3 or more consecutive years, a support team must be established for the school. (NRS 385.3721, 385.3745) This bill eliminates the requirement for the Department of Education to establish a support team for a school, and section 6 of this bill authorizes the Department, if deemed necessary, to establish a support team for such a school. (NRS 385.361)

      Section 10 of this bill requires the board of trustees of a school district or the governing body of a charter school to conduct a comprehensive audit for a school that is designated as demonstrating need for improvement for 3 consecutive years, including an audit of the curriculum implemented at the school. (NRS 385.3721)

      Section 16 of this bill eliminates the requirement that the Department develop and carry out a new curriculum for certain schools that have demonstrated need for improvement for 3 consecutive years. (NRS 385.3744)

      Section 18 of this bill requires the development of a turnaround plan for each school that is not a Title I school that has demonstrated need for improvement for 4 consecutive years. (NRS 385.3745)

      Section 19 of this bill maintains the requirement that a restructuring plan must be developed if a Title 1 school has demonstrated need for improvement for 4 consecutive years and prescribes the requirements for such plans. (NRS 385.3746)

      Sections 2 and 3 of this bill require the implementation of the turnaround plan for each school that is not a Title I school if the school demonstrates need for improvement 5 or more consecutive years and requires the Department to monitor the implementation of that plan.

      Section 3.5 of this bill requires the implementation of a restructuring plan for each Title I school if the school demonstrates need for improvement for 5 or more consecutive years.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 385 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 3.5 of this act.

      Sec. 2.  1.  If a public school that is not a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 5 or more consecutive years for failure to make adequate yearly progress:

 


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ê2009 Statutes of Nevada, Page 2301 (Chapter 422, SB 389)ê

 

      (a) The board of trustees of the school district shall:

            (1) Except as otherwise provided in subsection 3 of section 3 of this act, repeal the plan to improve the academic achievement of pupils developed pursuant to NRS 385.357 and, not later than September 30, implement the turnaround plan to improve the academic achievement of pupils enrolled in the school developed pursuant to NRS 385.3745;

            (2) Provide notice of the designation to the parents and guardians of pupils enrolled in the school on the form prescribed by the Department pursuant to NRS 385.382; and

            (3) Ensure that the school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

      (b) The State Board shall prescribe by regulation the actions which the Department may take to monitor the implementation of any corrective action at the school.

      2.  If a charter school that is not a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 5 or more consecutive years for failure to make adequate yearly progress:

      (a) The governing body of the charter school shall:

            (1) Except as otherwise provided in subsection 3 of section 3 of this act, repeal the plan to improve the academic achievement of pupils developed pursuant to NRS 385.357 and, not later than September 30, implement the turnaround plan to improve the academic achievement of pupils enrolled in the school developed pursuant to NRS 385.3745.

            (2) Provide notice of the designation to the parents and guardians of pupils enrolled in the charter school on a form prescribed by the Department pursuant to NRS 385.382.

      (b) For a charter school sponsored by the board of trustees of a school district, the board of trustees shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

      (c) For a charter school sponsored by the State Board or by a college or university within the Nevada System of Higher Education, the Department shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

      (d) The State Board shall prescribe by regulation the actions which the Department may take to monitor the implementation of any corrective action at the charter school.

      Sec. 3.  1.  Except as otherwise provided in subsection 3, if a public school that is not a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 5 or more consecutive years for failure to make adequate yearly progress:

      (a) The Department may, for a charter school sponsored by the State Board or by a college or university within the Nevada System of Higher Education, take corrective action as set forth in NRS 385.3744 or proceed with consequences or sanctions, or both, as prescribed by the State Board pursuant to NRS 385.361.

      (b) The board of trustees of a school district may, for a school of the school district or a charter school sponsored by the board of trustees, take corrective action as set forth in NRS 385.3744 or proceed with consequences or sanctions, or both, as prescribed by the State Board pursuant to NRS 385.361.

 


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ê2009 Statutes of Nevada, Page 2302 (Chapter 422, SB 389)ê

 

corrective action as set forth in NRS 385.3744 or proceed with consequences or sanctions, or both, as prescribed by the State Board pursuant to NRS 385.361.

      2.  The Department shall monitor the implementation of the turnaround plan for the school developed pursuant to NRS 385.3745.

      3.  The Department or the board of trustees of a school district, as applicable, shall grant a delay from the imposition of corrective action, consequences or sanctions pursuant to this section for a school, including, without limitation, the development and implementation of a turnaround plan, for a period not to exceed 1 year if the school qualifies for a delay in the manner set forth in 20 U.S.C. § 6316(b)(7)(D). If the school fails to make adequate yearly progress during the period of the delay, the Department or the board of trustees, as applicable, may proceed with corrective action or with consequences or sanctions, or both, for the school, as appropriate, as if the delay never occurred.

      4.  Before the board of trustees or the Department proceeds with consequences or sanctions, the board of trustees or the Department, as applicable, shall provide to the administrators, teachers and other educational personnel employed at that school, and parents and guardians of pupils enrolled in the school:

      (a) Notice that the board of trustees or the Department, as applicable, will proceed with consequences or sanctions for the school;

      (b) An opportunity to comment before the consequences or sanctions are carried out; and

      (c) An opportunity to participate in the development of the consequences or sanctions.

      Sec. 3.5.  1.  If a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 5 or more consecutive years:

      (a) Except as otherwise provided in paragraph (b), the board of trustees of the school district shall:

            (1) Except as otherwise provided in subsection 2, repeal the plan to improve the academic achievement of pupils developed pursuant to NRS 385.357 and, not later than September 30, implement the plan for restructuring the school developed pursuant to NRS 385.3746 if required by 20 U.S.C § 6316(b)(8) and the regulations adopted pursuant thereto;

            (2) Provide notice of the designation to the parents and guardians of pupils enrolled in the school on the form prescribed by the Department pursuant to NRS 385.382;

            (3) Ensure that the school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto;

            (4) Provide school choice to the parents and guardians of pupils enrolled in the school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto; and

            (5) Provide supplemental educational services in accordance with 20 U.S.C. § 6316(e) and the regulations adopted pursuant thereto from a provider approved pursuant to NRS 385.384, unless a waiver is granted pursuant to that provision of federal law.

      (b) If the school is a charter school:

            (1) Sponsored by the board of trustees of a school district, the board of trustees shall:

 


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                  (I) Except as otherwise provided in subsection 3, repeal the plan to improve the academic achievement of pupils developed pursuant to NRS 385.357 and, not later than September 30, implement the plan for restructuring the charter school developed pursuant to NRS 385.3746 if required by 20 U.S.C § 6316(b)(8) and the regulations adopted pursuant thereto;

                  (II) Provide notice of the designation to the parents and guardians of pupils enrolled in the charter school on the form prescribed by the Department pursuant to NRS 385.382;

                  (III) Ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto; and

                  (IV) Provide school choice to the parents and guardians of pupils enrolled in the charter school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.

            (2) Sponsored by the State Board or by a college or university within the Nevada System of Higher Education, the Department shall:

                  (I) Except as otherwise provided in subsection 3, repeal the plan to improve the academic achievement of pupils developed pursuant to NRS 385.357 and, not later than September 30, implement the plan for restructuring the charter school developed pursuant to NRS 385.3746 if required by 20 U.S.C § 6316(b)(8) and the regulations adopted pursuant thereto;

                  (II) Provide notice of the designation to the parents and guardians of pupils enrolled in the charter school on the form prescribed by the Department pursuant to NRS 385.382;

                  (III) Ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto; and

                  (IV) Work cooperatively with the board of trustees of the school district in which the charter school is located to provide school choice to the parents and guardians of pupils enrolled in the school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.

            (3) Regardless of the sponsor, the governing body of the charter school shall provide supplemental educational services in accordance with 20 U.S.C. § 6316(e) and the regulations adopted pursuant thereto from a provider approved pursuant to NRS 385.384, unless a waiver is granted pursuant to that provision of federal law.

      (c) The State Board shall prescribe by regulation the actions which the Department may take to monitor the implementation of any corrective action at the school or charter school.

      2.  The board of trustees of a school district shall grant a delay from the imposition of a plan for restructuring for a school, including, without limitation, the development and implementation of a plan for restructuring, for a period not to exceed 1 year if the school qualifies for a delay pursuant to 20 U.S.C. § 6316(b)(7)(D). If the school fails to make adequate yearly progress during the period of delay, the board of trustees shall proceed with a plan for restructuring the school as if the delay never occurred.

      3.  The sponsor of a charter school shall grant a delay from the imposition of a plan for restructuring for a school, including, without limitation, the development and implementation of a plan for restructuring, for a period not to exceed 1 year if the school qualifies for a delay pursuant to 20 U.S.C. § 6316(b)(7)(D).

 


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to 20 U.S.C. § 6316(b)(7)(D). If the charter school fails to make adequate yearly progress during the period of delay, the Department shall proceed with a plan for restructuring the charter school as if the delay never occurred.

      4.  Before the board of trustees of a school district or the Department proceeds with a plan for restructuring, the board of trustees or the Department, as applicable, shall provide to the administrators, teachers and other educational personnel employed at that school, and parents and guardians of pupils enrolled in the school:

      (a) Notice that the board of trustees or the Department, as applicable, will develop a plan for restructuring the school;

      (b) An opportunity to comment before the plan to restructure is developed; and

      (c) An opportunity to participate in the development of the plan to restructure.

      Sec. 4.  NRS 385.3455 is hereby amended to read as follows:

      385.3455  As used in NRS 385.3455 to 385.391, inclusive, and sections 2, 3 and 3.5 of this act, unless the context otherwise requires, the words and terms defined in NRS 385.346 to 385.34675, inclusive, have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 385.3468 is hereby amended to read as follows:

      385.3468  The provisions of NRS 385.3455 to 385.391, inclusive, and sections 2, 3 and 3.5 of this act do not supersede, negate or otherwise limit the effect or application of the provisions of chapters 288 and 391 of NRS or the rights, remedies and procedures afforded to employees of a school district under the terms of collective bargaining agreements, memoranda of understanding or other such agreements between employees and their employers.

      Sec. 5.5.  NRS 385.357 is hereby amended to read as follows:

      385.357  1.  [The] Except as otherwise provided in sections 2 and 3.5 of this act, the principal of each school, including, without limitation, each charter school, shall, in consultation with the employees of the school, prepare a plan to improve the achievement of the pupils enrolled in the school.

      2.  The plan developed pursuant to subsection 1 must include:

      (a) A review and analysis of the data pertaining to the school 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.

      (b) The identification of any problems or factors at the school that are revealed by the review and analysis.

      (c) Strategies based upon scientifically based research, as defined in 20 U.S.C. § 7801(37), that will strengthen the core academic subjects, as defined in NRS 389.018.

      (d) Policies and practices concerning the core academic subjects which have the greatest likelihood of ensuring that each group of pupils identified in paragraph (b) of subsection 1 of NRS 385.361 who are enrolled in the school will make adequate yearly progress and meet the minimum level of proficiency prescribed by the State Board.

      (e) Annual measurable objectives, consistent with the annual measurable objectives established by the State Board pursuant to NRS 385.361, for the continuous and substantial progress by each group of pupils identified in paragraph (b) of subsection 1 of that section who are enrolled in the school to ensure that each group will make adequate yearly progress and meet the level of proficiency prescribed by the State Board.

 


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paragraph (b) of subsection 1 of that section who are enrolled in the school to ensure that each group will make adequate yearly progress and meet the level of proficiency prescribed by the State Board.

      (f) Strategies, consistent with the policy adopted pursuant to NRS 392.457 by the board of trustees of the school district in which the school is located, to promote effective involvement by parents and families of pupils enrolled in the school in the education of their children.

      (g) As appropriate, programs of remedial education or tutoring to be offered before and after school, during the summer, or between sessions if the school operates on a year-round calendar for pupils enrolled in the school who need additional instructional time to pass or to reach a level considered proficient.

      (h) Strategies to improve the academic achievement of pupils enrolled in the school, including, without limitation, strategies to:

            (1) Instruct pupils who are not achieving to their fullest potential, including, without limitation:

                  (I) The curriculum appropriate to improve achievement;

                  (II) The manner by which the instruction will improve the achievement and proficiency of pupils on the examinations administered pursuant to NRS 389.015 and 389.550; and

                  (III) An identification of the instruction and curriculum that is specifically designed to improve the achievement and proficiency of pupils in each group identified in paragraph (b) of subsection 1 of NRS 385.361;

            (2) Increase the rate of attendance of pupils and reduce the number of pupils who drop out of school;

            (3) Integrate technology into the instructional and administrative programs of the school;

            (4) Manage effectively the discipline of pupils; and

            (5) Enhance the professional development offered for the teachers and administrators employed at the school to include the activities set forth in 20 U.S.C. § 7801(34) and to address the specific needs of pupils enrolled in the school, as deemed appropriate by the principal.

      (i) An identification, by category, of the employees of the school who are responsible for ensuring that the plan is carried out effectively.

      (j) In consultation with the school district or governing body, as applicable, an identification, by category, of the employees of the school district or governing body, if any, who are responsible for ensuring that the plan is carried out effectively or for overseeing and monitoring whether the plan is carried out effectively.

      (k) In consultation with the Department, an identification, by category, of the employees of the Department, if any, who are responsible for overseeing and monitoring whether the plan is carried out effectively.

      (l) For each provision of the plan, a timeline for carrying out that provision, including, without limitation, a timeline for monitoring whether the provision is carried out effectively.

      (m) For each provision of the plan, measurable criteria for determining whether the provision has contributed toward improving the academic achievement of pupils, increasing the rate of attendance of pupils and reducing the number of pupils who drop out of school.

      (n) The resources available to the school to carry out the plan. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school shall use that statewide program in complying with this paragraph.

 


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statewide program in complying with this paragraph. If a statewide program is not available, each school shall use the financial analysis program used by the school district in which the school is located in complying with this paragraph.

      (o) A summary of the effectiveness of appropriations made by the Legislature that are available to the school to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

      (p) A budget of the overall cost for carrying out the plan.

      3.  In addition to the requirements of subsection 2, if a school has been designated as demonstrating need for improvement pursuant to NRS 385.3623, the plan must comply with 20 U.S.C. § 6316(b)(3) and the regulations adopted pursuant thereto.

      4.  Except as otherwise provided in subsection 5, the principal of each school shall, in consultation with the employees of the school:

      (a) Review the plan prepared pursuant to this section annually to evaluate the effectiveness of the plan; and

      (b) Based upon the evaluation of the plan, make revisions, as necessary, to ensure that the plan is designed to improve the academic achievement of pupils enrolled in the school.

      5.  If a school has been designated as demonstrating need for improvement pursuant to NRS 385.3623 and a support team has been established for the school, the support team shall review the plan and make revisions to the most recent plan for improvement of the school pursuant to NRS 385.3741. If the school is a Title I school that has been designated as demonstrating need for improvement, the support team established for the school shall, in making revisions to the plan, work in consultation with parents and guardians of pupils enrolled in the school and, to the extent deemed appropriate by the entity responsible for creating the support team, outside experts.

      6.  On or before November 1 of each year, the principal of each school or the support team established for the school, as applicable, shall submit the plan or the revised plan, as applicable, to:

      (a) If the school is a public school of the school district, the superintendent of schools of the school district.

      (b) If the school is a charter school, the governing body of the charter school.

      7.  If a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623, the superintendent of schools of the school district or the governing body, as applicable, shall carry out a process for peer review of the plan or the revised plan, as applicable, in accordance with 20 U.S.C. § 6316(b)(3)(E) and the regulations adopted pursuant thereto. Not later than 45 days after receipt of the plan, the superintendent of schools of the school district or the governing body, as applicable, shall approve the plan or the revised plan, as applicable, if it meets the requirements of 20 U.S.C. § 6316(b)(3) and the regulations adopted pursuant thereto and the requirements of this section. The superintendent of schools of the school district or the governing body, as applicable, may condition approval of the plan or the revised plan, as applicable, in the manner set forth in 20 U.S.C. § 6316(b)(3)(B) and the regulations adopted pursuant thereto. The State Board shall prescribe the requirements for the process of peer review, including, without limitation, the qualifications of persons who may serve as peer reviewers.

 


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shall prescribe the requirements for the process of peer review, including, without limitation, the qualifications of persons who may serve as peer reviewers.

      8.  If a school is designated as demonstrating exemplary achievement, high achievement or adequate achievement, or if a school that is not a Title I school is designated as demonstrating need for improvement, not later than 45 days after receipt of the plan or the revised plan, as applicable, the superintendent of schools of the school district or the governing body, as applicable, shall approve the plan or the revised plan if it meets the requirements of this section.

      9.  On or before December 15 of each year, the principal of each school or the support team established for the school, as applicable, shall submit the final plan or the final revised plan, as applicable, to the:

      (a) Superintendent of Public Instruction;

      (b) Governor;

      (c) State Board;

      (d) Department;

      (e) Committee;

      (f) Bureau; and

      (g) Board of trustees of the school district in which the school is located.

      10.  A plan for the improvement of a school must be carried out expeditiously, but not later than January 1 after approval of the plan pursuant to subsection 7 or 8, as applicable.

      Sec. 5.7.  NRS 385.359 is hereby amended to read as follows:

      385.359  1.  The Bureau shall contract with a person or entity to:

      (a) Review and analyze, in accordance with the standards prescribed by the Committee pursuant to subsection 2 of NRS 218.5354, the:

            (1) Annual report of accountability prepared by:

                  (I) The State Board pursuant to NRS 385.3469; and

                  (II) The board of trustees of each school district pursuant to NRS 385.347.

            (2) Plan to improve the achievement of pupils prepared by:

                  (I) The State Board pursuant to NRS 385.34691;

                  (II) The board of trustees of each school district pursuant to NRS 385.348; and

                  (III) Each school pursuant to NRS 385.357 identified by the Bureau for review, if any [.] , or if such a plan has not been prepared, the turnaround plan for the schools identified by the Bureau, if any, implemented pursuant to section 2 of this act or the plan for restructuring the school implemented pursuant to section 3.5 of this act, as applicable.

      (b) Submit a written report to and consult with the State Board and the Department regarding any methods by which the State Board may improve the accuracy of the report of accountability required pursuant to NRS 385.3469 and the plan to improve the achievement of pupils required pursuant to NRS 385.34691, and the purposes for which the report and plan to improve are used.

      (c) Submit a written report to and consult with each school district regarding any methods by which the district may improve the accuracy of the report required pursuant to subsection 2 of NRS 385.347 and the plan to improve the achievement of pupils required pursuant to NRS 385.348, and the purposes for which the report and plan to improve are used.

 


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      (d) If requested by the Bureau, submit a written report to and consult with individual schools identified by the Bureau regarding any methods by which the school may improve the accuracy of the information required to be reported for the school pursuant to subsection 2 of NRS 385.347 and the [plan] :

            (1) Plan to improve the achievement of pupils required pursuant to NRS 385.357 [.] ;

            (2) Turnaround plan for the school implemented pursuant to section 2 of this act; or

            (3) Plan for restructuring the school implemented pursuant to section 3.5 of this act,

Ê whichever is applicable for the school.

      (e) Submit written reports and any recommendations to the Committee and the Bureau concerning:

            (1) The effectiveness of the provisions of NRS 385.3455 to 385.391, inclusive, in improving the accountability of the schools of this State;

            (2) The status of each school district that is designated as demonstrating need for improvement pursuant to NRS 385.377 and each school that is designated as demonstrating need for improvement pursuant to NRS 385.3623; and

            (3) Any other matter related to the accountability of the public schools of this State, as deemed necessary by the Bureau.

      2.  The consultant with whom the Bureau contracts to perform the duties required pursuant to subsection 1 must possess the experience and knowledge necessary to perform those duties, as determined by the Committee.

      Sec. 6.  NRS 385.361 is hereby amended to read as follows:

      385.361  1.  The State Board shall define the measurement for determining whether each public school, each school district and this State are making adequate yearly progress. The definition of adequate yearly progress must:

      (a) Comply with 20 U.S.C. § 6311(b)(2) and the regulations adopted pursuant thereto;

      (b) Be designed to ensure that all pupils will meet or exceed the minimum level of proficiency set by the State Board, including, without limitation:

            (1) Pupils who are economically disadvantaged, as defined by the State Board;

            (2) Pupils from major racial and ethnic groups, as defined by the State Board;

            (3) Pupils with disabilities; and

            (4) Pupils who are limited English proficient;

      (c) Be based primarily upon the measurement of progress of pupils on the examinations administered pursuant to NRS 389.550 or the high school proficiency examination, as applicable;

      (d) Include annual measurable objectives established pursuant to 20 U.S.C. § 6311(b)(2)(G) and the regulations adopted pursuant thereto;

      (e) For high schools, include the rate of graduation; and

      (f) For elementary schools, junior high schools and middle schools, include the rate of attendance.

      2.  The examination in science must not be included in the definition of adequate yearly progress.

 


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      3.  The State Board shall prescribe, by regulation, the differentiated corrective actions, the consequences or the sanctions, or [both,] any combination thereof, based upon the identified needs of the public school, including, without limitation, the educational needs of English language learners, pupils with disabilities or other groups of pupils identified in paragraph (b) of subsection 1, that apply to a public school [that is not a Title I school and] that has been designated as demonstrating need for improvement for 4 consecutive years or more [.] , including, without limitation, the establishment of a support team for a school if deemed necessary by the Department in accordance with the regulations of the State Board. In no event may the consequences or sanctions be more strict than the restructuring that applies to Title I schools.

      Sec. 7.  NRS 385.3661 is hereby amended to read as follows:

      385.3661  1.  Except as otherwise provided in subsection 2, if a public school is designated as demonstrating need for improvement pursuant to NRS 385.3623 and the provisions of NRS 385.3693, 385.3721 , [or] 385.3745 or 385.3746 or section 2 or 3.5 of this act do not apply, the board of trustees of the school district shall:

      (a) Provide notice of the designation to the parents and guardians of pupils enrolled in the school on the form prescribed by the Department pursuant to NRS 385.382; and

      (b) Ensure that the school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

      2.  If a charter school is designated as demonstrating need for improvement pursuant to NRS 385.3623 and the provisions of NRS 385.3693, 385.3721 , [or] 385.3745 or 385.3746 or section 2 or 3.5 of this act do not apply:

      (a) The governing body of the charter school shall provide notice of the designation to the parents and guardians of pupils enrolled in the charter school on the form prescribed by the Department pursuant to NRS 385.382.

      (b) For a charter school sponsored by the board of trustees of a school district, the board of trustees shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

      (c) For a charter school sponsored by the State Board or by a college or university within the Nevada System of Higher Education, the Department shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

      3.  In addition to the requirements of subsection 1 or 2, as applicable, if a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623 and the provisions of NRS 385.3693, 385.3721 , [or] 385.3745 or 385.3746 or section 2 or 3.5 of this act do not apply:

      (a) Except as otherwise provided in paragraph (b), the board of trustees of the school district shall provide school choice to the parents and guardians of pupils enrolled in the school, including, without limitation, a charter school sponsored by the school district, in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.

      (b) For a charter school sponsored by the State Board or by a college or university within the Nevada System of Higher Education, the Department shall work cooperatively with the board of trustees of the school district in which the charter school is located to provide school choice to the parents and guardians of pupils enrolled in the charter school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.

 


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which the charter school is located to provide school choice to the parents and guardians of pupils enrolled in the charter school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.

      Secs. 8 and 9.  (Deleted by amendment.)

      Sec. 10.  NRS 385.3721 is hereby amended to read as follows:

      385.3721  1.  [If a public school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 3 consecutive years, the support team established for the school pursuant to this section shall carry out the requirements of NRS 385.3741 and 385.3742.

      2.]  Except as otherwise provided in subsection [3,] 2, if a public school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 3 consecutive years:

      (a) The board of trustees of the school district shall:

            (1) Provide notice of the designation to the parents and guardians of pupils enrolled in the school on the form prescribed by the Department pursuant to NRS 385.382; and

            (2) Ensure that the school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

      (b) The Department shall [establish a support team for the school, with the membership prescribed pursuant to NRS 385.374.

      3.] require the board of trustees of the school district to conduct a comprehensive audit of the school which must include an audit of the curriculum, including, without limitation, methods of instruction and assessments, implemented by the school.

      2.  If a charter school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 3 consecutive years:

      (a) The governing body of the charter school shall provide notice of the designation to the parents and guardians of pupils enrolled in the charter school on the form prescribed by the Department pursuant to NRS 385.382.

      (b) For a charter school sponsored by the board of trustees of a school district, the board of trustees shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

      (c) For a charter school sponsored by the State Board or by a college or university within the Nevada System of Higher Education, the Department shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

      (d) The Department shall [establish a support team for the school, with the membership prescribed pursuant to NRS 385.374.] require the governing body of the charter school to conduct a comprehensive audit of the charter school which must include an audit of the curriculum, including, without limitation, methods of instruction and assessments, implemented by the charter school.

      Sec. 11.  NRS 385.374 is hereby amended to read as follows:

      385.374  1.  The membership of each support team established pursuant to NRS [385.3721] 385.3745 must consist of, without limitation:

      (a) Teachers and principals who are considered highly qualified and who are not employees of the public school for which the support team is established;

 


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      (b) One member appointed in accordance with subsection 3, who must serve as the team leader of the support team;

      (c) Except for a charter school, at least one administrator at the district level who is employed by the board of trustees of the school district;

      (d) At least one parent or guardian of a pupil who is enrolled in the public school for which the support team is established; and

      (e) In addition to the requirements of paragraphs (a) to (d), inclusive, for a charter school:

            (1) At least one member of the governing body of the charter school, regardless of the sponsor of the charter school; and

            (2) If the charter school is sponsored by the board of trustees of a school district, at least one employee of the school district, which may include an administrator.

      2.  The membership of each support team established pursuant to NRS [385.3721] 385.3745 may consist of, without limitation:

      (a) Except for a charter school, one or more members of the board of trustees of the school district in which the school is located;

      (b) Representatives of institutions of higher education;

      (c) Representatives of regional educational laboratories;

      (d) Representatives of outside consultant groups;

      (e) Representatives of the regional training program for the professional development of teachers and administrators created by NRS 391.512 that provides services to the school district in which the school is located;

      (f) The Bureau; and

      (g) Other persons who the Department determines are appropriate.

      3.  The member appointed pursuant to paragraph (b) of subsection 1 must:

      (a) Be employed by the Department; or

      (b) If he is not employed by the Department, have the training and experience required by the Department.

      Sec. 12.  NRS 385.374 is hereby amended to read as follows:

      385.374  1.  [The] If a school support team is established in accordance with the regulations adopted by the State Board pursuant to NRS 385.361, the membership of [each] the support team [established pursuant to NRS 385.3745] must consist of, without limitation:

      (a) Teachers and principals who are considered highly qualified and who are not employees of the public school for which the support team is established;

      (b) One member appointed in accordance with subsection 3, who must serve as the team leader of the support team;

      (c) Except for a charter school, at least one administrator at the district level who is employed by the board of trustees of the school district;

      (d) At least one parent or guardian of a pupil who is enrolled in the public school for which the support team is established; and

      (e) In addition to the requirements of paragraphs (a) to (d), inclusive, for a charter school:

            (1) At least one member of the governing body of the charter school, regardless of the sponsor of the charter school; and

            (2) If the charter school is sponsored by the board of trustees of a school district, at least one employee of the school district, which may include an administrator.

 


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ê2009 Statutes of Nevada, Page 2312 (Chapter 422, SB 389)ê

 

      2.  [The] If a school support team is established in accordance with the regulations adopted by the State Board pursuant to NRS 385.361, the membership of [each] the support team [established pursuant to NRS 385.3745] may consist of, without limitation:

      (a) Except for a charter school, one or more members of the board of trustees of the school district in which the school is located;

      (b) Representatives of institutions of higher education;

      (c) Representatives of regional educational laboratories;

      (d) Representatives of outside consultant groups;

      (e) Representatives of the regional training program for the professional development of teachers and administrators created by NRS 391.512 that provides services to the school district in which the school is located;

      (f) The Bureau; and

      (g) Other persons who the Department determines are appropriate.

      3.  The member appointed pursuant to paragraph (b) of subsection 1 must:

      (a) Be employed by the Department; or

      (b) If he is not employed by the Department, have the training and experience required by the Department.

      Sec. 13.  NRS 385.3741 is hereby amended to read as follows:

      385.3741  1.  Each support team established for a public school pursuant to NRS [385.3721] 385.3745 shall:

      (a) Review and analyze the operation of the school, including, without limitation, the design and operation of the instructional program of the school.

      (b) Review and analyze the data pertaining to the school upon which the report required pursuant to subsection 2 of NRS 385.347 is based and review and analyze any data that is more recent than the data upon which the report is based.

      (c) Review the most recent plan to improve the achievement of the school’s pupils.

      (d) Review the information concerning the educational involvement accords provided to the support team pursuant to NRS 392.4575 and the information concerning the reports provided to the support team pursuant to NRS 392.456.

      (e) Identify and investigate the problems and factors at the school that contributed to the designation of the school as demonstrating need for improvement.

      (f) Assist the school in developing recommendations for improving the performance of pupils who are enrolled in the school.

      (g) Except as otherwise provided in this paragraph, make recommendations to the board of trustees of the school district, the State Board and the Department concerning additional assistance for the school in carrying out the plan for improvement of the school. For a charter school sponsored by the State Board, the support team shall make the recommendations to the State Board and the Department. For a charter school sponsored by a college or university within the Nevada System of Higher Education, the support team shall make the recommendations to the sponsor, the State Board and the Department.

      (h) In accordance with its findings pursuant to this section and NRS 385.3742, submit, on or before November 1, written revisions to the most recent plan to improve the achievement of the school’s pupils for approval pursuant to NRS 385.357.

 


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recent plan to improve the achievement of the school’s pupils for approval pursuant to NRS 385.357. The written revisions must:

            (1) Comply with NRS 385.357;

            (2) If the school is a Title I school, be developed in consultation with parents and guardians of pupils enrolled in the school and, to the extent deemed appropriate by the entity that created the support team, outside experts;

            (3) Include the data and findings of the support team that provide support for the revisions;

            (4) Set forth goals, objectives, tasks and measures for the school that are:

                  (I) Designed to improve the achievement of the school’s pupils;

                  (II) Specific;

                  (III) Measurable; and

                  (IV) Conducive to reliable evaluation;

            (5) Set forth a timeline to carry out the revisions;

            (6) Set forth priorities for the school in carrying out the revisions; and

            (7) Set forth the name and duties of each person who is responsible for carrying out the revisions.

      (i) Except as otherwise provided in this paragraph, work cooperatively with the board of trustees of the school district in which the school is located, the employees of the school, and the parents and guardians of pupils enrolled in the school to carry out and monitor the plan for improvement of the school. If a charter school is sponsored by the State Board, the Department shall assist the school with carrying out and monitoring the plan for improvement of the school. If a charter school is sponsored by a college or university within the Nevada System of Higher Education, that institution shall assist the school with carrying out and monitoring the plan for improvement of the school.

      (j) Prepare a quarterly progress report in the format prescribed by the Department and:

            (1) Submit the progress report to the Department.

            (2) Distribute copies of the progress report to each employee of the school for review.

      (k) In addition to the requirements of this section, if the support team is established for a Title I school, carry out the requirements of 20 U.S.C. § 6317(a)(5).

      2.  A school support team may require the school for which the support team was established to submit plans, strategies, tasks and measures that, in the determination of the support team, will assist the school in improving the achievement and proficiency of pupils enrolled in the school.

      3.  The Department shall prescribe a concise quarterly progress report for use by each support team in accordance with paragraph (j) of subsection 1.

      Sec. 14.  NRS 385.3741 is hereby amended to read as follows:

      385.3741  1.  [Each] If a school support team is established pursuant to the regulations adopted by the State Board pursuant to NRS 385.361, the support team [established for a public school pursuant to NRS 385.3745] shall:

 


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ê2009 Statutes of Nevada, Page 2314 (Chapter 422, SB 389)ê

 

      (a) Review and analyze the operation of the school, including, without limitation, the design and operation of the instructional program of the school.

      (b) Review and analyze the data pertaining to the school upon which the report required pursuant to subsection 2 of NRS 385.347 is based and review and analyze any data that is more recent than the data upon which the report is based.

      (c) Review the most recent plan to improve the achievement of the school’s pupils.

      (d) Review the information concerning the educational involvement accords provided to the support team pursuant to NRS 392.4575 and the information concerning the reports provided to the support team pursuant to NRS 392.456.

      (e) Identify and investigate the problems and factors at the school that contributed to the designation of the school as demonstrating need for improvement.

      (f) Assist the school in developing recommendations for improving the performance of pupils who are enrolled in the school.

      (g) Except as otherwise provided in this paragraph, make recommendations to the board of trustees of the school district, the State Board and the Department concerning additional assistance for the school in carrying out the plan for improvement of the school [.] , the turnaround plan for the school or the plan for restructuring the school, whichever is applicable for the school. For a charter school sponsored by the State Board, the support team shall make the recommendations to the State Board and the Department. For a charter school sponsored by a college or university within the Nevada System of Higher Education, the support team shall make the recommendations to the sponsor, the State Board and the Department.

      (h) In accordance with its findings pursuant to this section and NRS 385.3742, submit, on or before November 1, written revisions to the most recent plan to improve the achievement of the school’s pupils for approval pursuant to NRS 385.357 [.] , or submit, on or before May 1, written recommendations for revisions to the turnaround plan for the school implemented pursuant to section 2 of this act or the plan for restructuring the school implemented pursuant to section 3.5 of this act, whichever is applicable for the school. The written revisions or recommendations, as applicable, must:

            (1) Comply with NRS 385.357 [;] if the school has demonstrated need for improvement for less than 5 years or with section 2 or 3.5 of this act, as applicable, if the school has demonstrated need for improvement for 5 or more consecutive years;

            (2) If the school is a Title I school, be developed in consultation with parents and guardians of pupils enrolled in the school and, to the extent deemed appropriate by the entity that created the support team, outside experts;

            (3) Include the data and findings of the support team that provide support for the revisions;

            (4) Set forth goals, objectives, tasks and measures for the school that are:

                  (I) Designed to improve the achievement of the school’s pupils;

                  (II) Specific;

 


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                  (III) Measurable; and

                  (IV) Conducive to reliable evaluation;

            (5) Set forth a timeline to carry out the revisions;

            (6) Set forth priorities for the school in carrying out the revisions; and

            (7) Set forth the name and duties of each person who is responsible for carrying out the revisions.

      (i) Except as otherwise provided in this paragraph, work cooperatively with the board of trustees of the school district in which the school is located, the employees of the school, and the parents and guardians of pupils enrolled in the school to carry out and monitor the plan for improvement of the school. If a charter school is sponsored by the State Board, the Department shall assist the school with carrying out and monitoring the plan for improvement of the school. If a charter school is sponsored by a college or university within the Nevada System of Higher Education, that institution shall assist the school with carrying out and monitoring the plan for improvement of the school.

      (j) Prepare a quarterly progress report in the format prescribed by the Department and:

            (1) Submit the progress report to the Department.

            (2) Distribute copies of the progress report to each employee of the school for review.

      (k) In addition to the requirements of this section, if the support team is established for a Title I school, carry out the requirements of 20 U.S.C. § 6317(a)(5).

      2.  A school support team may require the school for which the support team was established to submit plans, strategies, tasks and measures that, in the determination of the support team, will assist the school in improving the achievement and proficiency of pupils enrolled in the school.

      3.  The Department shall prescribe a concise quarterly progress report for use by each support team in accordance with paragraph (j) of subsection 1.

      Sec. 14.5.  NRS 385.3742 is hereby amended to read as follows:

      385.3742  1.  In addition to the duties prescribed in NRS 385.3741, a support team established for a school shall prepare an annual written report that includes:

      (a) Information concerning the most recent plan to improve the achievement of the school’s pupils, the turnaround plan for the school or the plan for restructuring the school, whichever is applicable for the school, including, without limitation, an evaluation of:

            (1) The appropriateness of the plan for the school; and

            (2) Whether the school has achieved the goals and objectives set forth in the plan;

      (b) The written revisions to the plan to improve the achievement of the school’s pupils or written recommendations for revisions to the turnaround plan for the school or the plan for restructuring the school, whichever is applicable for the school, submitted by the support team pursuant to NRS 385.3741;

      (c) A summary of each program for remediation, if any, purchased for the school with money that is available from the Federal Government, this state and the school district in which the school is located, including, without limitation:

 


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            (1) The name of the program;

            (2) The date on which the program was purchased and the date on which the program was carried out by the school;

            (3) The percentage of personnel at the school who were trained regarding the use of the program;

            (4) The satisfaction of the personnel at the school with the program; and

            (5) An evaluation of whether the program has improved the academic achievement of the pupils enrolled in the school who participated in the program;

      (d) An analysis of the problems and factors at the school which contributed to the designation of the school as demonstrating need for improvement, including, without limitation, issues relating to:

            (1) The financial resources of the school;

            (2) The administrative and educational personnel of the school;

            (3) The curriculum of the school;

            (4) The facilities available at the school, including the availability and accessibility of educational technology; and

            (5) Any other factors that the support team believes contributed to the designation of the school as demonstrating need for improvement; and

      (e) Other information concerning the school, including, without limitation:

            (1) The results of the pupils who are enrolled in the school on the examinations that are administered pursuant to NRS 389.550 or the high school proficiency examination, as applicable;

            (2) Records of the attendance and truancy of pupils who are enrolled in the school;

            (3) The transiency rate of pupils who are enrolled in the school;

            (4) A description of the number of years that each teacher has provided instruction at the school and the rate of turnover of teachers and other educational personnel employed at the school;

            (5) A description of the participation of parents and legal guardians in the educational process and other activities relating to the school;

            (6) A description of each source of money for the remediation of pupils who are enrolled in the school; and

            (7) A description of the disciplinary problems of the pupils who are enrolled in the school, including, without limitation, the information contained in paragraphs (k) to (n), inclusive, of subsection 2 of NRS 385.347.

      2.  On or before November 1, the support team shall submit a copy of the final written report to the:

      (a) Principal of the school;

      (b) Board of trustees of the school district in which the school is located;

      (c) Superintendent of schools of the school district in which the school is located;

      (d) Department; and

      (e) Bureau.

Ê The support team shall make the written report available, upon request, to each parent or legal guardian of a pupil who is enrolled in the school.

      Sec. 15.  (Deleted by amendment.)

      Sec. 16.  NRS 385.3744 is hereby amended to read as follows:

      385.3744  1.  Except as otherwise provided in subsection [3,] 2, if a public school that is not a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 3 consecutive years for failing to make adequate yearly progress, [the support team established for the school shall consider whether corrective action is appropriate for the school.

 


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ê2009 Statutes of Nevada, Page 2317 (Chapter 422, SB 389)ê

 

for improvement pursuant to NRS 385.3623 for 3 consecutive years for failing to make adequate yearly progress, [the support team established for the school shall consider whether corrective action is appropriate for the school. If the support team determines that corrective action is appropriate, the support team shall make a recommendation for corrective action for the school, including, without limitation, the type of corrective action that is recommended from the list of corrective actions authorized pursuant to subsection 2. The recommendation must be submitted to:

      (a) For a school of the school district or a charter school sponsored by the board of trustees of the school district, the board of trustees.

      (b) For a charter school sponsored by the State Board or by a college or university within the Nevada System of Higher Education, the Department.

      2.  Regardless of whether a support team recommends corrective action for a school, the] the Department may, for a charter school sponsored by the State Board or by a college or university within the Nevada System of Higher Education, and the board of trustees of a school district may, for a school of the school district or a charter school sponsored by the board of trustees, take one or more of the following corrective actions for the school:

      (a) [Develop and carry out a new curriculum at the school, including the provision of appropriate professional development relating to the new curriculum.

      (b)] Significantly decrease the managerial authority of the employees at the school.

      [(c)] (b) Extend the school year or the school day.

      [3.] 2.  The Department or the board of trustees of a school district, as applicable, shall grant a delay from the imposition of corrective action for a school for a period not to exceed 1 year if the school qualifies for a delay in the manner set forth in 20 U.S.C. § 6316(b)(7)(D). If the school fails to make adequate yearly progress during the period of the delay, the Department or the board of trustees, as applicable, may proceed with corrective action as if the delay never occurred.

      Sec. 17.  NRS 385.3745 is hereby amended to read as follows:

      385.3745  1.  If a public school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 4 or more consecutive years, the support team established for the school pursuant to [NRS 385.3721] this section shall carry out the requirements of NRS 385.3741 [,] and 385.3742 . [and 385.3744, as applicable.]

      2.  Except as otherwise provided in subsection 3, if a public school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 4 or more consecutive years:

      (a) The board of trustees of the school district shall:

            (1) Provide notice of the designation to the parents and guardians of pupils enrolled in the school on the form prescribed by the Department pursuant to NRS 385.382; and

            (2) Ensure that the school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

      (b) The Department shall [continue] establish a support team for the school [.] , with the membership prescribed pursuant to NRS 385.374.

      3.  If a charter school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 4 or more consecutive years:

 


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ê2009 Statutes of Nevada, Page 2318 (Chapter 422, SB 389)ê

 

      (a) The governing body of the charter school shall provide notice of the designation to the parents and guardians of pupils enrolled in the school on the form prescribed by the Department pursuant to NRS 385.382.

      (b) For a charter school sponsored by the board of trustees of a school district, the board of trustees shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

      (c) For a charter school sponsored by the State Board or by a college or university within the Nevada System of Higher Education, the Department shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

      (d) The Department shall [continue] establish a support team for the charter school [.] , with the membership prescribed pursuant to NRS 385.374.

      Sec. 18.  NRS 385.3745 is hereby amended to read as follows:

      385.3745  1.  [If a public school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 4 or more consecutive years, the support team established for the school pursuant to this section shall carry out the requirements of NRS 385.3741 and 385.3742.

      2.]  Except as otherwise provided in subsection [3,] 2, if a public school that is not a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 4 [or more] consecutive years:

      (a) The board of trustees of the school district shall:

            (1) Except as otherwise provided in subsection 3, develop a turnaround plan to improve the academic achievement of pupils enrolled in the school which meets the requirements prescribed by the State Board pursuant to paragraph (b).

            (2) Provide notice of the designation to the parents and guardians of pupils enrolled in the school on the form prescribed by the Department pursuant to NRS 385.382; and

            [(2)] (3) Ensure that the school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

      (b) The [Department] State Board shall [establish a support team for the school, with the membership prescribed pursuant to NRS 385.374.

      3.] prescribe by regulation:

            (1) The requirements for a turnaround plan which must include, without limitation:

                  (I) A requirement that the plan is based on the results of the comprehensive audit conducted pursuant to NRS 385.3721;

                  (II) Measurable goals and objectives for obtaining adequate yearly progress;

                  (III) Specified steps or actions for obtaining adequate yearly progress; and

                  (IV) A timeline for the completion of the turnaround plan, which must provide for implementation of the plan in accordance with section 2 of this act if the school is designated as needing improvement for 5 years; and

            (2) The actions the Department may take to monitor the development of the turnaround plan developed pursuant to this section and the implementation of any corrective action at the school.

 


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ê2009 Statutes of Nevada, Page 2319 (Chapter 422, SB 389)ê

 

      2.  If a charter school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 4 [or more] consecutive years:

      (a) The governing body of the charter school shall provide notice of the designation to the parents and guardians of pupils enrolled in the school on the form prescribed by the Department pursuant to NRS 385.382.

      (b) For a charter school sponsored by the board of trustees of a school district, the board of trustees shall, in conjunction with the governing body of the charter school [, ensure] :

            (1) Except as otherwise provided in subsection 3, develop a turnaround plan to improve the academic achievement of pupils enrolled in the school which meets the requirements prescribed by the State Board pursuant to paragraph (d).

            (2) Ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

      (c) For a charter school sponsored by the State Board or by a college or university within the Nevada System of Higher Education, the Department shall, in conjunction with the governing body of the charter school [, ensure] :

            (1) Except as otherwise provided in subsection 3, develop a turnaround plan to improve the academic achievement of pupils enrolled in the school which meets the requirements prescribed by the State Board pursuant to paragraph (d).

            (2) Ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

      (d) The [Department shall establish a support team for the charter school, with the membership prescribed pursuant to NRS 385.374.] State Board shall prescribe by regulation:

            (1) The requirements for a turnaround plan which must include, without limitation:

                  (I) A requirement that the plan is based on the results of the comprehensive audit conducted pursuant to NRS 385.3721;

                  (II) Measurable goals and objectives for obtaining adequate yearly progress;

                  (III) Specified steps or actions for obtaining adequate yearly progress; and

                  (IV) A timeline for the completion of the turnaround plan, which must provide for implementation of the plan in accordance with section 2 of this act if the school is designated as needing improvement for 5 years; and

            (2) The actions the Department may take to monitor the implementation of the turnaround plan developed pursuant to this section and the implementation of any corrective action at the charter school.

      3.  If a public school is granted a delay from the development of a turnaround plan pursuant to subsection 2 of NRS 385.376 and the school fails to make adequate yearly progress during the period of the delay, a turnaround plan must be immediately developed and implemented for the school in accordance with this section as if the delay never occurred.

      4.  On or before June 30, a turnaround plan developed for a school must be submitted to the:

      (a) Superintendent of Public Instruction;

      (b) Department;

 


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ê2009 Statutes of Nevada, Page 2320 (Chapter 422, SB 389)ê

 

      (c) Bureau;

      (d) Board of trustees of the school district in which the school is located; and

      (e) Principal of the school.

      Sec. 19.  NRS 385.3746 is hereby amended to read as follows:

      385.3746  1.  [In addition to the requirements of NRS 385.3745, if] If a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 4 [or more] consecutive years:

      (a) Except as otherwise provided in paragraph (b), the board of trustees of the school district shall:

            (1) Provide notice of the designation to the parents and guardians of the pupils enrolled in the school on the form prescribed by the Department pursuant to NRS 385.382;

            (2) Ensure that the school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto;

            (3) Provide school choice to the parents and guardians of pupils enrolled in the school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto;

            [(2)] (4) Provide supplemental educational services in accordance with 20 U.S.C. § 6316(e) and the regulations adopted pursuant thereto from a provider approved pursuant to NRS 385.384, unless a waiver is granted pursuant to that provision of federal law; and

            [(3)] (5) Except as otherwise provided in subsection [2, proceed with] 3, develop a plan for restructuring the school if required by 20 U.S.C. § 6316(b)(8) and the regulations adopted pursuant thereto.

      (b) The governing body of the charter school shall provide notice of the designation to the parents and guardians of the pupils enrolled in the charter school on the form prescribed by the Department pursuant to NRS 385.382. If the school is a charter school:

            (1) Sponsored by the board of trustees of a school district, the board of trustees shall:

                  (I) In conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto;

                  (II) Provide school choice to the parents and guardians of pupils enrolled in the charter school in accordance with 20 U.S.C. § 6316(b)(1); and

                  [(II)] (III) Except as otherwise provided in subsection [3, proceed with] 4, develop a plan for restructuring the school if required by 20 U.S.C. § 6316(b)(8) and the regulations adopted pursuant thereto.

            (2) Sponsored by the State Board or by a college or university within the Nevada System of Higher Education, the Department shall:

                  (I) In conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto;

                  (II) Work cooperatively with the board of trustees of the school district in which the charter school is located to provide school choice to the parents and guardians of pupils enrolled in the school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto; and

 


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ê2009 Statutes of Nevada, Page 2321 (Chapter 422, SB 389)ê

 

                  [(II)] (III) Except as otherwise provided in subsection [3, proceed with] 4, develop a plan for restructuring the school if required by 20 U.S.C. § 6316(b)(8) and the regulations adopted pursuant thereto.

            (3) Regardless of the sponsor, the governing body of the charter school shall provide supplemental educational services in accordance with 20 U.S.C. § 6316(e) and the regulations adopted pursuant thereto from a provider approved pursuant to NRS 385.384, unless a waiver is granted pursuant to that provision of federal law.

      2.  A plan for restructuring the school developed pursuant to this section must include, without limitation:

      (a) A requirement that the plan is based on the results of the comprehensive audit conducted pursuant to NRS 385.3721;

      (b) Measurable goals and objectives for obtaining adequate yearly progress;

      (c) Specified steps or actions for obtaining adequate yearly progress; and

      (d) A timeline for the completion of the plan for restructuring the school, which must provide for implementation of the plan in accordance with section 3.5 of this act if the school is designated as needing improvement for 5 years.

      3.  The board of trustees of a school district shall grant a delay from the [imposition] development of a plan for restructuring for a school for a period not to exceed 1 year if the school qualifies for a delay pursuant to 20 U.S.C. § 6316(b)(7)(D). If the school fails to make adequate yearly progress during the period of the delay, the board of trustees shall immediately develop and proceed with [a] the implementation of the plan for restructuring the school as if the delay never occurred.

      [3.] 4.  The sponsor of a charter school shall grant a delay from the [imposition] development of a plan for restructuring for the charter school for a period not to exceed 1 year if the charter school qualifies for a delay pursuant to 20 U.S.C. § 6316(b)(7)(D). If the charter school fails to make adequate yearly progress during the period of the delay, a plan for restructuring must be immediately developed for the school in accordance with this section and the Department shall proceed with [a] the implementation of the plan for restructuring the charter school as if the delay never occurred.

      [4.  Before the board of trustees of a school district or the Department proceeds with a plan for restructuring, the board of trustees or the Department, as applicable, shall provide to the administrators, teachers and other educational personnel employed at that school, and parents and guardians of pupils enrolled in the school:

      (a) Notice that the board of trustees or the Department, as applicable, will develop a plan for restructuring the school;

      (b) An opportunity to comment before the plan to restructure is developed; and

      (c) An opportunity to participate in the development of the plan to restructure.]

      5.  On or before June 30, a plan for restructuring developed pursuant to this section must be submitted to the:

      (a) Superintendent of Public Instruction;

      (b) Department;

      (c) Bureau;

 


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ê2009 Statutes of Nevada, Page 2322 (Chapter 422, SB 389)ê

 

      (d) Board of trustees of the school district in which the school is located; and

      (e) Principal of the school.

      Sec. 20.  NRS 385.376 is hereby amended to read as follows:

      385.376  1.  Except as otherwise provided in subsection [3,] 2, if a public school that is not a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 4 or more consecutive years for failure to make adequate yearly progress, [the support team for the school shall:

      (a) If corrective action was not taken against the school pursuant to NRS 385.3744, consider whether corrective action is appropriate for the school.

      (b) If corrective action was taken against the school pursuant to NRS 385.3744, consider whether further corrective action is appropriate or whether consequences or sanctions, or both, are appropriate for the school.

      2.  Regardless of whether a support team recommends corrective action or consequences or sanctions for a school,] the Department may, for a charter school sponsored by the State Board or by a college or university within the Nevada System of Higher Education, and the board of trustees of a school district may, for a school of the school district or a charter school sponsored by the board of trustees, take corrective action as set forth in NRS 385.3744 or proceed with differentiated corrective actions, consequences or sanctions, or [both,] any combination thereof, as prescribed by the State Board pursuant to NRS 385.361.

      [3.] 2.  The Department or the board of trustees of a school district, as applicable, shall grant a delay from the imposition of corrective action , consequences or [restructuring] sanctions, or any combination thereof, pursuant to this section for a school for a period not to exceed 1 year if the school qualifies for a delay in the manner set forth in 20 U.S.C. § 6316(b)(7)(D). If the school fails to make adequate yearly progress during the period of the delay, the Department or the board of trustees, as applicable, may proceed with corrective action , [or with] consequences or sanctions, or [both,] any combination thereof, for the school, as appropriate, as if the delay never occurred.

      [4.] 3.  Before the board of trustees or the Department proceeds with consequences or sanctions, the board of trustees or the Department, as applicable, shall provide to the administrators, teachers and other educational personnel employed at that school, and parents and guardians of pupils enrolled in the school:

      (a) Notice that the board of trustees or the Department, as applicable, will proceed with consequences or sanctions for the school;

      (b) An opportunity to comment before the consequences or sanctions are carried out; and

      (c) An opportunity to participate in the development of the consequences or sanctions.

      Sec. 21.  NRS 385.376 is hereby amended to read as follows:

      385.376  1.  Except as otherwise provided in subsection 2, if a public school that is not a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 4 [or more] consecutive years for failure to make adequate yearly progress, the Department may, for a charter school sponsored by the State Board or by a college or university within the Nevada System of Higher Education, and the board of trustees of a school district may, for a school of the school district or a charter school sponsored by the board of trustees, take corrective action as set forth in NRS 385.3744 or proceed with differentiated correction actions, consequences or sanctions, or any combination thereof, as prescribed by the State Board pursuant to NRS 385.361.

 


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within the Nevada System of Higher Education, and the board of trustees of a school district may, for a school of the school district or a charter school sponsored by the board of trustees, take corrective action as set forth in NRS 385.3744 or proceed with differentiated correction actions, consequences or sanctions, or any combination thereof, as prescribed by the State Board pursuant to NRS 385.361.

      2.  The Department or the board of trustees of a school district, as applicable, shall grant a delay from the imposition of corrective action, consequences or sanctions, or any combination thereof, pursuant to this section for a school for a period not to exceed 1 year if the school qualifies for a delay in the manner set forth in 20 U.S.C. § 6316(b)(7)(D). If the school fails to make adequate yearly progress during the period of the delay, the Department or the board of trustees, as applicable, may proceed with corrective action, consequences or sanctions, or any combination thereof, for the school, as appropriate, pursuant to the provisions of section 2 of this act as if the delay never occurred.

      3.  Before the board of trustees or the Department proceeds with consequences or sanctions, the board of trustees or the Department, as applicable, shall provide to the administrators, teachers and other educational personnel employed at that school, and parents and guardians of pupils enrolled in the school:

      (a) Notice that the board of trustees or the Department, as applicable, will proceed with consequences or sanctions for the school;

      (b) An opportunity to comment before the consequences or sanctions are carried out; and

      (c) An opportunity to participate in the development of the consequences or sanctions.

      Sec. 21.3.  NRS 385.3785 is hereby amended to read as follows:

      385.3785  1.  The Commission shall:

      (a) Establish a program of educational excellence designed exclusively for pupils enrolled in kindergarten through grade 6 in public schools in this State based upon:

            (1) The plan to improve the achievement of pupils prepared by the State Board pursuant to NRS 385.34691;

            (2) The plan to improve the achievement of pupils prepared by the board of trustees of each school district pursuant to NRS 385.348;

            (3) The plan to improve the achievement of pupils prepared by the principal of each school pursuant to NRS 385.357, which may include a program of innovation [;] , the turnaround plan for the school implemented pursuant to section 2 of this act or the plan for restructuring the school implemented pursuant to section 3.5 of this act, whichever is applicable for the school; and

            (4) Any other information that the Commission considers relevant to the development of the program of educational excellence.

      (b) Identify programs, practices and strategies that have proven effective in improving the academic achievement and proficiency of pupils.

      (c) Develop a concise application and simple procedures for the submission of applications by public schools and consortiums of public schools, including, without limitation, charter schools, for participation in a program of educational excellence and for grants of money from the Account. Grants of money must be made for programs designed for the achievement of pupils that are linked to the plan to improve the achievement of pupils or for innovative programs, or both [.]

 


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of pupils or for innovative programs, or both [.] , or that are linked to the turnaround plan for the school or the plan for restructuring the school, if applicable, or for innovative programs, or both. The Commission shall not award a grant of money from the Account for a program to provide full-day kindergarten. All public schools and consortiums of public schools, including, without limitation, charter schools, are eligible to submit such an application, regardless of whether the schools have made adequate yearly progress or failed to make adequate yearly progress. A public school or a consortium of public schools selected for participation may be approved by the Commission for participation for a period not to exceed 2 years, but may reapply.

      (d) Prescribe a long-range timeline for the review, approval and evaluation of applications received from public schools and consortiums of public schools that desire to participate in the program.

      (e) Establish guidelines for the review, evaluation and approval of applications for grants of money from the Account, including, without limitation, consideration of the list of priorities of public schools provided by the Department pursuant to subsection 5. To ensure consistency in the review, evaluation and approval of applications, if the guidelines authorize the review and evaluation of applications by less than the entire membership of the Commission, money must not be allocated from the Account for a grant until the entire membership of the Commission has reviewed and approved the application for the grant.

      (f) Prescribe accountability measures to be carried out by a public school that participates in the program if that public school does not meet the annual measurable objectives established by the State Board pursuant to NRS 385.361, including, without limitation:

            (1) The specific levels of achievement expected of schools that participate; and

            (2) Conditions for schools that do not meet the grant criteria but desire to continue participation in the program and receive money from the Account, including, without limitation, a review of the leadership at the school and recommendations regarding changes to the appropriate body.

      (g) Determine the amount of money that is available from the Account for those public schools and consortiums of public schools that are selected to participate in the program.

      (h) Allocate money to public schools and consortiums of public schools from the Account. Allocations must be distributed not later than August 15 of each year.

      (i) Establish criteria for public schools and consortiums of public schools that participate in the program and receive an allocation of money from the Account to evaluate the effectiveness of the allocation in improving the achievement of pupils, including, without limitation, a detailed analysis of:

            (1) The achievement of pupils enrolled at each school that received money from the allocation based upon measurable criteria identified in , as applicable, the [plan] :

                  (I) Plan to improve the achievement of pupils for the school prepared pursuant to NRS 385.357;

                  (II) Turnaround plan for the school implemented pursuant to section 2 of this act; or

                  (III) Plan for restructuring the school implemented pursuant to section 3.5 of this act;

 


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            (2) If applicable, the effectiveness of the program of innovation on the achievement of pupils and the overall effectiveness for pupils and staff;

            (3) The implementation of the applicable plans for improvement, including, without limitation, an analysis of whether the school is meeting the measurable objectives identified in the plan; and

            (4) The attainment of measurable progress on the annual list of adequate yearly progress of school districts and schools.

      2.  To the extent money is available, the Commission shall make allocations of money to public schools and consortiums of public schools for effective programs for grades 7 through 12 that are designed to improve the achievement of pupils and effective programs of innovation for pupils. In making such allocations, the Commission shall comply with the requirements of subsection 1.

      3.  The Commission shall ensure, to the extent practicable, that grants of money provided pursuant to this section reflect the economic and geographic diversity of this State.

      4.  If a public school or consortium that receives money pursuant to subsection 1 or 2:

      (a) Does not meet the criteria for effectiveness as prescribed in paragraph (i) of subsection 1;

      (b) Does not, as a result of the program for which the grant of money was awarded, show improvement in the achievement of pupils, as determined in an evaluation conducted pursuant to subsection 3 of NRS 385.379; or

      (c) Does not implement the program for which the money was received, as determined in an evaluation conducted pursuant to subsection 3 of NRS 385.379,

Ê over a 2-year period, the Commission may consider not awarding future allocations of money to that public school or consortium of public schools.

      5.  On or before July 1 of each year, the Department shall provide a list of priorities of public schools that indicates:

      (a) The adequate yearly progress status of schools in the immediately preceding year; and

      (b) The public schools that are considered Title I eligible by the Department based upon the poverty level of the pupils enrolled in a school in comparison to the poverty level of the pupils in the school district as a whole,

Ê for consideration by the Commission in its development of procedures for the applications.

      6.  A public school, including, without limitation, a charter school, or a consortium of public schools may request assistance from the school district in which the school is located in preparing an application for a grant of money pursuant to this section. A school district shall assist each public school or consortium of public schools that requests assistance pursuant to this subsection to ensure that the application of the school:

      (a) Is based directly upon , as applicable, the [plan] :

            (1) Plan to improve the achievement of pupils prepared for the school pursuant to NRS 385.357;

            (2) Turnaround plan for the school implemented pursuant to section 2 of this act; or

 


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            (3) Plan for restructuring the school implemented pursuant to section 3.5 of this act;

      (b) Is developed in accordance with the criteria established by the Commission; and

      (c) Is complete and complies with all technical requirements for the submission of an application.

Ê A school district may make recommendations to the individual schools and consortiums of public schools. Such schools and consortiums of public schools are not required to follow the recommendations of a school district.

      7.  In carrying out the requirements of this section, the Commission shall review and consider the programs of remedial study adopted by the Department pursuant to NRS 385.389, the list of approved providers of supplemental services maintained by the Department pursuant to NRS 385.384 and the recommendations submitted by the Committee pursuant to NRS 218.5354 concerning programs, practices and strategies that have proven effective in improving the academic achievement and proficiency of pupils.

      8.  If a consortium of public schools is formed for the purpose of submitting an application pursuant to this section, the public schools within the consortium do not need to be located within the same school district.

      Sec. 21.7.  NRS 386.605 is hereby amended to read as follows:

      386.605  1.  On or before July 15 of each year, the governing body of a 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 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.  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 and pursuant to NRS 385.357 [,] or section 2 or 3.5 of this act, whichever is applicable for the school, consult with the governing bodies of charter schools and submit written reports concerning charter schools pursuant to NRS 385.359.

      Sec. 22.  NRS 386.730 is hereby amended to read as follows:

      386.730  1.  Except as otherwise provided in subsection 2, the principal of a public school within a school district that participates in the Program of Empowerment Schools who wishes to convert to an empowerment school shall:

      (a) Establish an empowerment team for the school; and

      (b) Develop an empowerment plan for the school in consultation with:

            (1) The empowerment team; and

            (2) The school support team, if a school support team has been established for the school pursuant to NRS [385.3721.] 385.3745.

      2.  The principal of a public school located in a county whose population is less than 100,000 may develop an empowerment plan for the school without establishing or consulting with an empowerment team. If a school support team has been established for the school, the principal shall develop the empowerment plan in consultation with the school support team. If an empowerment team has not been established pursuant to the exception provided in this subsection, the principal of the school shall carry out the responsibilities and duties otherwise assigned to an empowerment team pursuant to NRS 386.700 to 386.780, inclusive.

 


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provided in this subsection, the principal of the school shall carry out the responsibilities and duties otherwise assigned to an empowerment team pursuant to NRS 386.700 to 386.780, inclusive.

      3.  An empowerment team for a school must consist of the following persons:

      (a) The principal of the school;

      (b) At least two but not more than four teachers and other licensed educational personnel who are employed at the school, selected by a recognized employee organization that represents licensed educational personnel within the school district;

      (c) At least two but not more than four employees, other than teachers and other licensed educational personnel, who are employed at the school, selected by an organization that represents those employees;

      (d) At least two but not more than four parents and legal guardians of pupils enrolled in the school, selected by an association of parents established for the school;

      (e) At least two but not more than four representatives of the community or businesses within the community;

      (f) The facilitator of the school support team, if a school support team has been established for the school pursuant to NRS [385.3721;] 385.3745; and

      (g) Such other persons as may be necessary to meet the requirements set forth in subsection 4.

      4.  Of the total number of members on an empowerment team for a school:

      (a) At least one member must have 5 years or more of experience in school finance;

      (b) At least one member must have 5 years or more of experience in school administration or human resources;

      (c) At least one member must have 5 years or more of experience in overseeing the academic programs and curriculum for a public school; and

      (d) At least one member must have 5 years or more of experience in the collection and analysis of data.

Ê The provisions of this subsection do not require the appointment of four persons if one, two or three such persons satisfy the qualifications.

      5.  A charter school that wishes to participate in the Program of Empowerment Schools shall comply with the provisions of NRS 386.700 to 386.780, inclusive. If a charter school is approved as an empowerment school, the charter school does not forfeit its status as a charter school.

      Sec. 23.  NRS 386.730 is hereby amended to read as follows:

      386.730  1.  Except as otherwise provided in subsection 2, the principal of a public school within a school district that participates in the Program of Empowerment Schools who wishes to convert to an empowerment school shall:

      (a) Establish an empowerment team for the school; and

      (b) Develop an empowerment plan for the school in consultation with:

            (1) The empowerment team; and

            (2) The school support team, if a school support team has been established for the school in accordance with the regulations of the State Board adopted pursuant to NRS [385.3745.] 385.361.

      2.  The principal of a public school located in a county whose population is less than 100,000 may develop an empowerment plan for the school without establishing or consulting with an empowerment team.

 


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school without establishing or consulting with an empowerment team. If a school support team has been established for the school, the principal shall develop the empowerment plan in consultation with the school support team. If an empowerment team has not been established pursuant to the exception provided in this subsection, the principal of the school shall carry out the responsibilities and duties otherwise assigned to an empowerment team pursuant to NRS 386.700 to 386.780, inclusive.

      3.  An empowerment team for a school must consist of the following persons:

      (a) The principal of the school;

      (b) At least two but not more than four teachers and other licensed educational personnel who are employed at the school, selected by a recognized employee organization that represents licensed educational personnel within the school district;

      (c) At least two but not more than four employees, other than teachers and other licensed educational personnel, who are employed at the school, selected by an organization that represents those employees;

      (d) At least two but not more than four parents and legal guardians of pupils enrolled in the school, selected by an association of parents established for the school;

      (e) At least two but not more than four representatives of the community or businesses within the community;

      (f) The facilitator of the school support team, if a school support team has been established for the school pursuant to regulations adopted by the State Board pursuant to NRS [385.3745;] 385.361; and

      (g) Such other persons as may be necessary to meet the requirements set forth in subsection 4.

      4.  Of the total number of members on an empowerment team for a school:

      (a) At least one member must have 5 years or more of experience in school finance;

      (b) At least one member must have 5 years or more of experience in school administration or human resources;

      (c) At least one member must have 5 years or more of experience in overseeing the academic programs and curriculum for a public school; and

      (d) At least one member must have 5 years or more of experience in the collection and analysis of data.

Ê The provisions of this subsection do not require the appointment of four persons if one, two or three such persons satisfy the qualifications.

      5.  A charter school that wishes to participate in the Program of Empowerment Schools shall comply with the provisions of NRS 386.700 to 386.780, inclusive. If a charter school is approved as an empowerment school, the charter school does not forfeit its status as a charter school.

      Sec. 24.  NRS 386.740 is hereby amended to read as follows:

      386.740  1.  Each empowerment plan for a school must:

      (a) Set forth the manner by which the school will be governed;

      (b) Set forth the proposed budget for the school, including, without limitation, the cost of carrying out the empowerment plan, and the manner by which the money apportioned to the school will be administered;

      (c) If a school support team has been established for the school pursuant to NRS [385.3721,] 385.3745, require the principal and the empowerment team for the school to work in consultation with the school support team;

 


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      (d) Prescribe the academic plan for the school, including, without limitation, the manner by which courses of study will be provided to the pupils enrolled in the school and any special programs that will be offered for pupils;

      (e) Prescribe the manner by which the achievement of pupils will be measured and reported for the school, including, without limitation, the results of the pupils on the examinations administered pursuant to NRS 389.015 and 389.550;

      (f) Prescribe the manner by which teachers and other licensed educational personnel will be selected and hired for the school, which must be determined and negotiated pursuant to chapter 288 of NRS;

      (g) Prescribe the manner by which all other staff for the school will be selected and hired, which must be determined and negotiated pursuant to chapter 288 of NRS;

      (h) Indicate whether the empowerment plan will offer an incentive pay structure for staff and a description of that pay structure, if applicable;

      (i) Indicate the intended ratio of pupils to teachers at the school, designated by grade level, which must comply with NRS 388.700 or 388.720, as applicable;

      (j) Provide a description of the professional development that will be offered to the teachers and other licensed educational personnel employed at the school;

      (k) Prescribe the manner by which the empowerment plan will increase the involvement of parents and legal guardians of pupils enrolled in the school;

      (l) Comply with the plan to improve the achievement of the pupils enrolled in the school prepared pursuant to NRS 385.357;

      (m) Address the specific educational needs and concerns of the pupils who are enrolled in the school; and

      (n) Set forth the calendar and schedule for the school.

      2.  If the empowerment plan includes an incentive pay structure, that pay structure must:

      (a) Provide an incentive for all staff employed at the school;

      (b) Set forth the standards that must be achieved by the pupils enrolled in the school and any other measurable objectives that must be met to be eligible for incentive pay; and

      (c) Be in addition to the salary or hourly rate of pay negotiated pursuant to chapter 288 of NRS that is otherwise payable to the employee.

      3.  An empowerment plan may:

      (a) Request a waiver from a statute contained in this title or a regulation of the State Board or the Department.

      (b) Identify the services of the school district which the school wishes to receive, including, without limitation, professional development, transportation, food services and discretionary services. Upon approval of the empowerment plan, the school district may deduct from the total apportionment to the empowerment school the costs of such services.

      4.  For purposes of determining the budget pursuant to paragraph (b) of subsection 1, if a public school which converts to an empowerment school is a:

      (a) Charter school, the amount of the budget is the amount equal to the apportionments and allowances from the State Distributive School Account pursuant to NRS 387.121 to 387.126, inclusive, and its proportionate share of any other money available from federal, state or local sources that the school or the pupils enrolled in the school are eligible to receive.

 


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any other money available from federal, state or local sources that the school or the pupils enrolled in the school are eligible to receive.

      (b) Public school, other than a charter school, the empowerment team for the school shall have discretion of 90 percent of the amount of money from the state financial aid and local funds that the school district apportions for the school, without regard to any line-item specifications or specific uses determined advisable by the school district, unless the empowerment team determines that a lesser amount is necessary to carry out the empowerment plan.

      Sec. 25.  NRS 386.740 is hereby amended to read as follows:

      386.740  1.  Each empowerment plan for a school must:

      (a) Set forth the manner by which the school will be governed;

      (b) Set forth the proposed budget for the school, including, without limitation, the cost of carrying out the empowerment plan, and the manner by which the money apportioned to the school will be administered;

      (c) If a school support team has been established for the school in accordance with the regulations of the State Board adopted pursuant to NRS [385.3745,] 385.361, require the principal and the empowerment team for the school to work in consultation with the school support team;

      (d) Prescribe the academic plan for the school, including, without limitation, the manner by which courses of study will be provided to the pupils enrolled in the school and any special programs that will be offered for pupils;

      (e) Prescribe the manner by which the achievement of pupils will be measured and reported for the school, including, without limitation, the results of the pupils on the examinations administered pursuant to NRS 389.015 and 389.550;

      (f) Prescribe the manner by which teachers and other licensed educational personnel will be selected and hired for the school, which must be determined and negotiated pursuant to chapter 288 of NRS;

      (g) Prescribe the manner by which all other staff for the school will be selected and hired, which must be determined and negotiated pursuant to chapter 288 of NRS;

      (h) Indicate whether the empowerment plan will offer an incentive pay structure for staff and a description of that pay structure, if applicable;

      (i) Indicate the intended ratio of pupils to teachers at the school, designated by grade level, which must comply with NRS 388.700 or 388.720, as applicable;

      (j) Provide a description of the professional development that will be offered to the teachers and other licensed educational personnel employed at the school;

      (k) Prescribe the manner by which the empowerment plan will increase the involvement of parents and legal guardians of pupils enrolled in the school;

      (l) Comply with the plan to improve the achievement of the pupils enrolled in the school prepared pursuant to NRS 385.357 [;] , the turnaround plan for the school implemented pursuant to section 2 of this act or the plan for restructuring the school implemented pursuant to section 3.5 of this act, whichever is applicable for the school;

      (m) Address the specific educational needs and concerns of the pupils who are enrolled in the school; and

      (n) Set forth the calendar and schedule for the school.

 


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      2.  If the empowerment plan includes an incentive pay structure, that pay structure must:

      (a) Provide an incentive for all staff employed at the school;

      (b) Set forth the standards that must be achieved by the pupils enrolled in the school and any other measurable objectives that must be met to be eligible for incentive pay; and

      (c) Be in addition to the salary or hourly rate of pay negotiated pursuant to chapter 288 of NRS that is otherwise payable to the employee.

      3.  An empowerment plan may:

      (a) Request a waiver from a statute contained in this title or a regulation of the State Board or the Department.

      (b) Identify the services of the school district which the school wishes to receive, including, without limitation, professional development, transportation, food services and discretionary services. Upon approval of the empowerment plan, the school district may deduct from the total apportionment to the empowerment school the costs of such services.

      4.  For purposes of determining the budget pursuant to paragraph (b) of subsection 1, if a public school which converts to an empowerment school is a:

      (a) Charter school, the amount of the budget is the amount equal to the apportionments and allowances from the State Distributive School Account pursuant to NRS 387.121 to 387.126, inclusive, and its proportionate share of any other money available from federal, state or local sources that the school or the pupils enrolled in the school are eligible to receive.

      (b) Public school, other than a charter school, the empowerment team for the school shall have discretion of 90 percent of the amount of money from the state financial aid and local funds that the school district apportions for the school, without regard to any line-item specifications or specific uses determined advisable by the school district, unless the empowerment team determines that a lesser amount is necessary to carry out the empowerment plan.

      Sec. 25.3.  NRS 391.298 is hereby amended to read as follows:

      391.298  If the board of trustees of a school district or the superintendent of schools of a school district schedules a day or days for the professional development of teachers or administrators employed by the school district:

      1.  The primary focus of that scheduled professional development must be to improve the achievement of the pupils enrolled in the school district, as set forth in the [plan] :

      (a) Plan to improve the achievement of pupils enrolled in the school district prepared pursuant to NRS 385.348 [or] ;

      (b) Plan to improve the achievement of pupils prepared pursuant to NRS 385.357 [,] ;

      (c) Turnaround plan for the school implemented pursuant to section 2 of this act; or

      (d) Plan for restructuring the school implemented pursuant to section 3.5 of this act,

Ê as applicable.

      2.  The scheduled professional development must be structured so that teachers attend professional development that is designed for the specific subject areas or grades taught by those teachers.

 


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      Sec. 25.7.  NRS 391.540 is hereby amended to read as follows:

      391.540  1.  The governing body of each regional training program shall:

      (a) Adopt a training model, taking into consideration other model programs, including, without limitation, the program used by the Geographic Alliance in Nevada.

      (b) Assess the training needs of teachers and administrators who are employed by the school districts within the primary jurisdiction of the regional training program and adopt priorities of training for the program based upon the assessment of needs. The board of trustees of each such school district may submit recommendations to the appropriate governing body for the types of training that should be offered by the regional training program.

      (c) In making the assessment required by paragraph (b), review the plans to improve the achievement of pupils prepared pursuant to NRS 385.348 by the school districts within the primary jurisdiction of the regional training program and, as deemed necessary by the governing body, review the [plans] :

            (1) Plans to improve the achievement of pupils prepared pursuant to NRS 385.357 ;

            (2) Turnaround plans for schools implemented pursuant to section 2 of this act; and

            (3) Plans for restructuring schools implemented pursuant to section 3.5 of this act,

Ê for individual schools within the primary jurisdiction of the regional training program.

      (d) Prepare a 5-year plan for the regional training program, which includes, without limitation:

            (1) An assessment of the training needs of teachers and administrators who are employed by the school districts within the primary jurisdiction of the regional training program; and

            (2) Specific details of the training that will be offered by the regional training program for the first 2 years covered by the plan.

      (e) Review the 5-year plan on an annual basis and make revisions to the plan as are necessary to serve the training needs of teachers and administrators employed by the school districts within the primary jurisdiction of the regional training program.

      2.  The Department, the Nevada System of Higher Education and the board of trustees of a school district may request the governing body of the regional training program that serves the school district to provide training, participate in a program or otherwise perform a service that is in addition to the duties of the regional training program that are set forth in the plan adopted pursuant to this section or otherwise required by statute. An entity may not represent that a regional training program will perform certain duties or otherwise obligate the regional training program as part of an application by that entity for a grant unless the entity has first obtained the written confirmation of the governing body of the regional training program to perform those duties or obligations. The governing body of a regional training program may, but is not required to, grant a request pursuant to this subsection.

 


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      Sec. 26.  NRS 392.456 is hereby amended to read as follows:

      392.456  1.  The Department shall:

      (a) Prescribe a form for use by teachers in elementary schools to provide reports to parents and legal guardians of pupils pursuant to this section;

      (b) Work in consultation with the Legislative Bureau of Educational Accountability and Program Evaluation, the Nevada Association of School Boards, the Nevada Association of School Administrators, the Nevada State Education Association and the Nevada Parent Teacher Association in the development of the form; and

      (c) Make the form available in electronic format for use by school districts and charter schools and, upon request, in any other manner deemed reasonable by the Department.

      2.  The form must include, without limitation:

      (a) A notice to parents and legal guardians that parental involvement is important in ensuring the success of the academic achievement of pupils;

      (b) A checklist indicating whether:

            (1) The pupil completes his homework assignments in a timely manner;

            (2) The pupil is present in the classroom when school begins each day and is present for the entire school day unless his absence is approved in accordance with NRS 392.130;

            (3) The parent or legal guardian and the pupil abide by any applicable rules and policies of the school and the school district; and

            (4) The pupil complies with the dress code for the school, if applicable; and

      (c) A list of the resources and services available within the community to assist parents and legal guardians in addressing any issues identified on the checklist.

      3.  In addition to the requirements of subsection 2, the Department may prescribe additional information for inclusion on the form, including, without limitation:

      (a) A report of the participation of the parent or legal guardian, including, without limitation, whether the parent or legal guardian:

            (1) Completes forms and other documents that are required by the school or school district in a timely manner;

            (2) Assists in carrying out a plan to improve the pupil’s academic achievement, if applicable;

            (3) Attends conferences between the teacher and the parent or legal guardian, if applicable; and

            (4) Attends school activities.

      (b) A report of whether the parent or legal guardian ensures the health and safety of the pupil, including, without limitation, whether:

            (1) Current information is on file with the school that designates each person whom the school should contact if an emergency involving the pupil occurs; and

            (2) Current information is on file with the school regarding the health and safety of the pupil, such as immunization records, if applicable, and any special medical needs of the pupil.

      4.  A teacher at an elementary school may provide the form prescribed by the Department, including the additional information prescribed pursuant to subsection 3 if the Department has prescribed such information on the form, to a parent or legal guardian of a pupil if the teacher determines that the provision of such a report would assist in improving the academic achievement of the pupil.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2334 (Chapter 422, SB 389)ê

 

form, to a parent or legal guardian of a pupil if the teacher determines that the provision of such a report would assist in improving the academic achievement of the pupil.

      5.  A report provided to a parent or legal guardian pursuant to this section must not be used in a manner that:

      (a) Interferes unreasonably with the personal privacy of the parent or legal guardian or the pupil;

      (b) Reprimands the parent or legal guardian; or

      (c) Affects the grade or report of progress given to a pupil based upon the information contained in the report.

      6.  The principal of each elementary school at which a teacher provides reports pursuant to this section shall provide to the support team established for the school pursuant to NRS [385.3721,] 385.3745, if applicable, the information contained in the completed reports for consideration by the support team. The information must be provided in an aggregated format and must not disclose the identity of an individual parent, legal guardian or pupil.

      Sec. 27.  NRS 392.456 is hereby amended to read as follows:

      392.456  1.  The Department shall:

      (a) Prescribe a form for use by teachers in elementary schools to provide reports to parents and legal guardians of pupils pursuant to this section;

      (b) Work in consultation with the Legislative Bureau of Educational Accountability and Program Evaluation, the Nevada Association of School Boards, the Nevada Association of School Administrators, the Nevada State Education Association and the Nevada Parent Teacher Association in the development of the form; and

      (c) Make the form available in electronic format for use by school districts and charter schools and, upon request, in any other manner deemed reasonable by the Department.

      2.  The form must include, without limitation:

      (a) A notice to parents and legal guardians that parental involvement is important in ensuring the success of the academic achievement of pupils;

      (b) A checklist indicating whether:

            (1) The pupil completes his homework assignments in a timely manner;

            (2) The pupil is present in the classroom when school begins each day and is present for the entire school day unless his absence is approved in accordance with NRS 392.130;

            (3) The parent or legal guardian and the pupil abide by any applicable rules and policies of the school and the school district; and

            (4) The pupil complies with the dress code for the school, if applicable; and

      (c) A list of the resources and services available within the community to assist parents and legal guardians in addressing any issues identified on the checklist.

      3.  In addition to the requirements of subsection 2, the Department may prescribe additional information for inclusion on the form, including, without limitation:

      (a) A report of the participation of the parent or legal guardian, including, without limitation, whether the parent or legal guardian:

            (1) Completes forms and other documents that are required by the school or school district in a timely manner;

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2335 (Chapter 422, SB 389)ê

 

            (2) Assists in carrying out a plan to improve the pupil’s academic achievement, if applicable;

            (3) Attends conferences between the teacher and the parent or legal guardian, if applicable; and

            (4) Attends school activities.

      (b) A report of whether the parent or legal guardian ensures the health and safety of the pupil, including, without limitation, whether:

            (1) Current information is on file with the school that designates each person whom the school should contact if an emergency involving the pupil occurs; and

            (2) Current information is on file with the school regarding the health and safety of the pupil, such as immunization records, if applicable, and any special medical needs of the pupil.

      4.  A teacher at an elementary school may provide the form prescribed by the Department, including the additional information prescribed pursuant to subsection 3 if the Department has prescribed such information on the form, to a parent or legal guardian of a pupil if the teacher determines that the provision of such a report would assist in improving the academic achievement of the pupil.

      5.  A report provided to a parent or legal guardian pursuant to this section must not be used in a manner that:

      (a) Interferes unreasonably with the personal privacy of the parent or legal guardian or the pupil;

      (b) Reprimands the parent or legal guardian; or

      (c) Affects the grade or report of progress given to a pupil based upon the information contained in the report.

      6.  The principal of each elementary school at which a teacher provides reports pursuant to this section shall provide to the support team established for the school in accordance with the regulations of the State Board adopted pursuant to NRS [385.3745,] 385.361, if applicable, the information contained in the completed reports for consideration by the support team. The information must be provided in an aggregated format and must not disclose the identity of an individual parent, legal guardian or pupil.

      Sec. 28.  NRS 392.4575 is hereby amended to read as follows:

      392.4575  1.  The Department shall prescribe a form for educational involvement accords to be used by all public schools in this State. The educational involvement accord must comply with the parental involvement policy:

      (a) Required by the federal No Child Left Behind Act of 2001, as set forth in 20 U.S.C. § 6318.

      (b) Adopted by the State Board pursuant to NRS 392.457.

      2.  Each educational involvement accord must include, without limitation:

      (a) A description of how the parent or legal guardian will be involved in the education of the pupil, including, without limitation:

            (1) Reading to the pupil, as applicable for the grade or reading level of the pupil;

            (2) Reviewing and checking the pupil’s homework; and

            (3) Contributing 5 hours of time each school year, including, without limitation, by attending school-related activities, parent-teacher association meetings, parent-teacher conferences, volunteering at the school and chaperoning school-sponsored activities.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2336 (Chapter 422, SB 389)ê

 

      (b) The responsibilities of a pupil in a public school, including, without limitation:

            (1) Reading each day before or after school, as applicable for the grade or reading level of the pupil;

            (2) Using all school equipment and property appropriately and safely;

            (3) Following the directions of any adult member of the staff of the school;

            (4) Completing and submitting homework in a timely manner; and

            (5) Respecting himself, others and all property.

      (c) The responsibilities of a public school and the administrators, teachers and other personnel employed at a school, including, without limitation:

            (1) Ensuring that each pupil is provided proper instruction, supervision and interaction;

            (2) Maximizing the educational and social experience of each pupil;

            (3) Carrying out the professional responsibility of educators to seek the best interest of each pupil; and

            (4) Making staff available to the parents and legal guardians of pupils to discuss the concerns of parents and legal guardians regarding the pupils.

      3.  Each educational involvement accord must be accompanied by, without limitation:

      (a) Information describing how the parent or legal guardian may contact the pupil’s teacher and the principal of the school in which the pupil is enrolled;

      (b) The curriculum of the course or standards for the grade in which the pupil is enrolled, as applicable, including, without limitation, a calendar that indicates the dates of major examinations and the due dates of significant projects, if those dates are known by the teacher at the time that the information is distributed;

      (c) The homework and grading policies of the pupil’s teacher or school;

      (d) Directions for finding resource materials for the course or grade in which the pupil is enrolled, as applicable;

      (e) Suggestions for parents and legal guardians to assist pupils in their schoolwork at home;

      (f) The dates of scheduled conferences between teachers or administrators and the parents or legal guardians of the pupil;

      (g) The manner in which reports of the pupil’s progress will be delivered to the parent or legal guardian and how a parent or legal guardian may request a report of progress;

      (h) The classroom rules and policies;

      (i) The dress code of the school, if any;

      (j) The availability of assistance to parents who have limited proficiency in the English language;

      (k) Information describing the availability of free and reduced-price meals, including, without limitation, information regarding school breakfast, school lunch and summer meal programs;

      (l) Opportunities for parents and legal guardians to become involved in the education of their children and to volunteer for the school or class; and

      (m) The code of honor relating to cheating prescribed pursuant to NRS 392.461.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2337 (Chapter 422, SB 389)ê

 

      4.  The board of trustees of each school district shall adopt a policy providing for the development and distribution of the educational involvement accord. The policy adopted by a board of trustees must require each classroom teacher to:

      (a) Distribute the educational involvement accord to the parent or legal guardian of each pupil in his class at the beginning of each school year or upon a pupil’s enrollment in the class, as applicable; and

      (b) Provide the parent or legal guardian with a reasonable opportunity to sign the educational involvement accord.

      5.  Except as otherwise provided in this subsection, the board of trustees of each school district shall ensure that the form prescribed by the Department is used for the educational involvement accord of each public school in the school district. The board of trustees of a school district may authorize the use of an expanded form that contains additions to the form prescribed by the Department if the basic information contained in the expanded form complies with the form prescribed by the Department.

      6.  The Department and the board of trustees of each school district shall, at least once each year, review and amend their respective educational involvement accords.

      7.  If a school support team is established for an elementary school , [is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 3 consecutive years or more,] the principal of the school shall provide to the support team established for the school pursuant to NRS [385.3721] 385.3745 information concerning the distribution of the educational involvement accord and the number of accords which were signed and returned by parents and legal guardians. The information must be provided in an aggregated format and must not disclose the identity of an individual parent, legal guardian or pupil.

      Sec. 29.  NRS 392.4575 is hereby amended to read as follows:

      392.4575  1.  The Department shall prescribe a form for educational involvement accords to be used by all public schools in this State. The educational involvement accord must comply with the parental involvement policy:

      (a) Required by the federal No Child Left Behind Act of 2001, as set forth in 20 U.S.C. § 6318.

      (b) Adopted by the State Board pursuant to NRS 392.457.

      2.  Each educational involvement accord must include, without limitation:

      (a) A description of how the parent or legal guardian will be involved in the education of the pupil, including, without limitation:

            (1) Reading to the pupil, as applicable for the grade or reading level of the pupil;

            (2) Reviewing and checking the pupil’s homework; and

            (3) Contributing 5 hours of time each school year, including, without limitation, by attending school-related activities, parent-teacher association meetings, parent-teacher conferences, volunteering at the school and chaperoning school-sponsored activities.

      (b) The responsibilities of a pupil in a public school, including, without limitation:

            (1) Reading each day before or after school, as applicable for the grade or reading level of the pupil;

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2338 (Chapter 422, SB 389)ê

 

            (2) Using all school equipment and property appropriately and safely;

            (3) Following the directions of any adult member of the staff of the school;

            (4) Completing and submitting homework in a timely manner; and

            (5) Respecting himself, others and all property.

      (c) The responsibilities of a public school and the administrators, teachers and other personnel employed at a school, including, without limitation:

            (1) Ensuring that each pupil is provided proper instruction, supervision and interaction;

            (2) Maximizing the educational and social experience of each pupil;

            (3) Carrying out the professional responsibility of educators to seek the best interest of each pupil; and

            (4) Making staff available to the parents and legal guardians of pupils to discuss the concerns of parents and legal guardians regarding the pupils.

      3.  Each educational involvement accord must be accompanied by, without limitation:

      (a) Information describing how the parent or legal guardian may contact the pupil’s teacher and the principal of the school in which the pupil is enrolled;

      (b) The curriculum of the course or standards for the grade in which the pupil is enrolled, as applicable, including, without limitation, a calendar that indicates the dates of major examinations and the due dates of significant projects, if those dates are known by the teacher at the time that the information is distributed;

      (c) The homework and grading policies of the pupil’s teacher or school;

      (d) Directions for finding resource materials for the course or grade in which the pupil is enrolled, as applicable;

      (e) Suggestions for parents and legal guardians to assist pupils in their schoolwork at home;

      (f) The dates of scheduled conferences between teachers or administrators and the parents or legal guardians of the pupil;

      (g) The manner in which reports of the pupil’s progress will be delivered to the parent or legal guardian and how a parent or legal guardian may request a report of progress;

      (h) The classroom rules and policies;

      (i) The dress code of the school, if any;

      (j) The availability of assistance to parents who have limited proficiency in the English language;

      (k) Information describing the availability of free and reduced-price meals, including, without limitation, information regarding school breakfast, school lunch and summer meal programs;

      (l) Opportunities for parents and legal guardians to become involved in the education of their children and to volunteer for the school or class; and

      (m) The code of honor relating to cheating prescribed pursuant to NRS 392.461.

      4.  The board of trustees of each school district shall adopt a policy providing for the development and distribution of the educational involvement accord. The policy adopted by a board of trustees must require each classroom teacher to:

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2339 (Chapter 422, SB 389)ê

 

      (a) Distribute the educational involvement accord to the parent or legal guardian of each pupil in his class at the beginning of each school year or upon a pupil’s enrollment in the class, as applicable; and

      (b) Provide the parent or legal guardian with a reasonable opportunity to sign the educational involvement accord.

      5.  Except as otherwise provided in this subsection, the board of trustees of each school district shall ensure that the form prescribed by the Department is used for the educational involvement accord of each public school in the school district. The board of trustees of a school district may authorize the use of an expanded form that contains additions to the form prescribed by the Department if the basic information contained in the expanded form complies with the form prescribed by the Department.

      6.  The Department and the board of trustees of each school district shall, at least once each year, review and amend their respective educational involvement accords.

      7.  If a school support team is established in accordance with the regulations of the State Board adopted pursuant to NRS 385.361 for an elementary school, the principal of the school shall provide to the support team [established for the school pursuant to NRS 385.3745] information concerning the distribution of the educational involvement accord and the number of accords which were signed and returned by parents and legal guardians. The information must be provided in an aggregated format and must not disclose the identity of an individual parent, legal guardian or pupil.

      Sec. 30.  On or before January 1, 2010, the State Board of Education shall adopt the regulations required pursuant to sections 2 and 3.5 of this act, NRS 385.361, as amended by section 6 of this act, and NRS 385.3475, as amended by section 18 of this act.

      Sec. 31.  1.  This section and sections 6, 9, 10, 11, 13, 15, 16, 17, 20, 22, 24, 26, 28 and 30 of this act become effective on July 1, 2009.

      2.  Sections 1, 2, 3.5 and 18 of this act become effective on July 1, 2009, for the purpose of adopting regulations and on July 1, 2010, for all other purposes.

      3.  Sections 3, 4 to 5.7, inclusive, 7, 8, 12, 14, 14.5, 19, 21, 21.3, 21.7, 23, 25, 25.3, 25.7, 27 and 29 of this act become effective on July 1, 2010.

      4.  Sections 23 and 25 of this act expire by limitation on June 30, 2011.

________

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2340ê

 

CHAPTER 423, SB 416

Senate Bill No. 416–Committee on Finance

 

CHAPTER 423

 

AN ACT relating to education; revising provisions governing the administration of certain tests, examinations and assessments by the boards of trustees of school districts; suspending temporarily the administration of norm-referenced examinations in public schools; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires the board of trustees of each school district to administer certain examinations to pupils enrolled in public schools in this State. In addition to the examinations required by state and federal law, the boards of trustees of school districts require pupils to take certain district-wide tests, examinations and assessments. Section 7 of this bill limits the administration of certain district-wide tests, examinations and assessments during the 2009-2010 School Year and the 2010-2011 School Year.

      Existing law requires the board of trustees of each school district and the governing body of each charter school to administer norm-referenced examinations in grades 4, 7 and 10 which compare the results of pupils to a national reference group of pupils. Section 9 of this bill suspends temporarily the administration of norm-referenced examinations for the 2009-2010 School Year and the 2010-2011 School Year.

 

 

      Whereas, The public schools in this State are required by the Federal Government and the Nevada Legislature to administer an increasing number of standardized tests to pupils, including criterion-referenced examinations, proficiency tests and tests of the National Assessment of Educational Progress; and

      Whereas, The school districts in this State administer numerous district-wide tests in addition to those required by state and federal law; and

      Whereas, In the aggregate, the task of preparing for and administering all these tests in schools throughout the State consumes hundreds of employee hours and requires the school districts to incur costs associated with the administration; and

      Whereas, Although there is an undeniable need for test data to evaluate the progress of Nevada’s public schools and pupils in meeting the standards of academic performance, the Legislature must carefully weigh the demands for statistical information against the time for teachers and pupils to accomplish the work required to meet those standards; and

      Whereas, The Nevada Legislature finds that, during these difficult financial times, it is in the best interest of the pupils enrolled in public schools in this State to temporarily limit the administration of certain tests; now, therefore,

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2341 (Chapter 423, SB 416)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-6.  (Deleted by amendment.)

      Sec. 7.  Chapter 389 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, the board of trustees of a school district shall not administer a district-wide test, examination or assessment unless that test, examination or assessment:

      (a) Is required by state or federal law; or

      (b) Was adopted by the school district before July 1, 2007.

      2.  The provisions of this section do not apply to a test, examination or assessment that a pupil voluntarily takes without a district-wide requirement, including, without limitation, an advanced placement examination.

      Sec. 8.  NRS 389.006 is hereby repealed.

      Sec. 9.  Notwithstanding the provisions of NRS 389.015 to the contrary, the norm-referenced examinations required to be administered to pupils enrolled in grades 4, 7 and 10 pursuant to that section must not be administered in the public schools of this State during the 2009-2010 School Year and the 2010-2011 School Year. Any requirements relating to the reporting of test scores of pupils on those examinations that would otherwise be administered during those School Years are also suspended.

      Sec. 10.  1.  This section and sections 7 and 8 of this act become effective upon passage and approval.

      2.  Section 9 of this act becomes effective on July 1, 2009.

      3.  Sections 7 and 8 of this act expire by limitation on June 30, 2011.

________

 

CHAPTER 424, SB 422

Senate Bill No. 422–Committee on Finance

 

CHAPTER 424

 

AN ACT making a supplemental appropriation to the Department of Motor Vehicles for unanticipated shortfalls in revenue for Fiscal Year 2008-2009; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State Highway Fund to the Division of Field Services of the Department of Motor Vehicles the sum of $980,000 for unanticipated revenue shortfalls in governmental sales tax commissions and penalties. This appropriation is supplemental to that made by section 32 of chapter 350, Statutes of Nevada 2007, at page 1700.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2342 (Chapter 424, SB 422)ê

 

      2.  There is hereby appropriated from the State Highway Fund to the Administrative Services Division of the Department of Motor Vehicles the sum of $795,000 for unanticipated revenue shortfalls in title processing fees. This appropriation is supplemental to that made by section 32 of chapter 350, Statutes of Nevada 2007, at page 1700.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 425, SB 423

Senate Bill No. 423–Committee on Finance

 

CHAPTER 425

 

AN ACT making appropriations to the Interim Finance Committee for allocation to assist state agencies in paying electricity, heating and cooling costs; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $2,206,295 for Fiscal Year 2009-2010 and $3,126,269 for Fiscal Year 2010-2011 and from the State Highway Fund to the Interim Finance Committee the sum of $189,016 for Fiscal Year 2009-2010 and $275,075 for Fiscal Year 2010-2011 for allocation to assist state agencies, including the Nevada System of Higher Education, in paying electricity, heating and cooling costs.

      2.  Money allocated pursuant to subsection 1 may only be used if all other sources of funding for electricity, heating and cooling costs have been exhausted by the requesting agency, including the Nevada System of Higher Education.

      3.  If a state agency, including the Nevada System of Higher Education, desires to request funding pursuant to subsection 1, such a request must be approved by the State Board of Examiners before it may be submitted to the Interim Finance Committee.

      4.  The Interim Finance Committee shall require such documentation and reporting by a requesting state agency, including the Nevada System of Higher Education, as it deems necessary to ensure the productive use of the money appropriated by subsection 1.

      5.  The remaining balances of the appropriations made by subsection 1 are available for either fiscal year. Any remaining balances of the sums appropriated by subsection 1 must not be allocated by the Interim Finance Committee after June 30, 2011. Any remaining balances of the appropriations made by subsection 1 must not be committed for expenditure after June 30, 2011, by the entity to which an appropriation is made or any entity to which money from an appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent on electricity, heating or cooling costs after September 16, 2011, for the 2009-2011 biennium by either entity to which the money was granted or transferred, and must be reverted to the State General Fund, or the State Highway Fund, respectively, on or before September 16, 2011.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2343 (Chapter 425, SB 423)ê

 

the money was granted or transferred, and must be reverted to the State General Fund, or the State Highway Fund, respectively, on or before September 16, 2011.

      Sec. 2.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 426, SB 427

Senate Bill No. 427–Committee on Finance

 

CHAPTER 426

 

AN ACT relating to public employees; making various changes to the Public Employees’ Retirement System; making various changes relating to the Public Employees’ Benefits Program; making various changes relating to relations between local government employers and employee organizations; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

Legislative Counsel’s Digest:

      Retired public employees receive retirement allowances through membership in and contributions to the Public Employees’ Retirement System. (Chapter 286 of NRS) This bill makes a number of changes to the System.

      Section 1.8 of this bill reduces the postretirement increases for retirees who become members of the System on or after January 1, 2010, so that the increase in benefits caps at 4 percent at the 12th anniversary and each year thereafter. Currently, it would increase again to 5 percent at the 14th anniversary.

      The rates at which a member and an employer contribute to the System and the amount of a member’s monthly retirement allowance are based on the member’s compensation while employed, subject to certain limitations. (NRS 286.025, 286.410, 286.535, 286.537, 286.551) Section 2 of this bill revises the type of call-back pay that may be considered compensation for employees who become members of the System on or after January 1, 2010.

      Section 3 of this bill requires the Public Employees’ Retirement Board to post on its website any document that a public employer is required to submit to the System on or after January 1, 2010, relating to the contribution mechanism used by the public employer.

      Section 4 of this bill provides that the term of the members of the Police and Firefighters’ Retirement Fund Advisory Committee are 4 years and authorizes removal of the members only for cause.

      Sections 4.3, 4.5 and 4.7 of this bill allow the Public Employees’ Retirement System to retain the contribution rate when it exceeds the actuarially determined rate by less than 2 percent to reduce the unfunded liability of the system. (NRS 286.410, 286.421, 286.450)

      Under existing law, public employers are required to periodically file payroll reports and remit contributions to the System with respect to their employees. (NRS 286.460) Section 5 of this bill makes a public employer that reports ineligible wages responsible to the employee for any resulting impact to the employee’s benefit.

      Under existing law, a member of the System other than a police officer or firefighter is eligible to retire at age 65 if he has at least 5 years of service, at age 60 if he has at least 10 years of service and at any age if he has at least 30 years of service. (NRS 286.510) Section 6 of this bill increases the age at which a member whose effective date of membership is on or after January 1, 2010, is eligible to retire with at least 10 years of service from 60 years to 62 years.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2344 (Chapter 426, SB 427)ê

 

      Under existing law, a member of the System who is a police officer or firefighter is eligible to retire at age 65 if he has at least 5 years of service, at age 55 if he has at least 10 years of service, at age 50 if he has 20 years of service and at any age if he has at least 25 years of service. (NRS 286.510) Section 6 of this bill provides that such a member whose effective date of membership is on or after January 1, 2010, is eligible to retire at age 65 if he has at least 5 years of service, at age 60 if he has at least 10 years of service and at age 50 if he has 20 years of service, thus eliminating the ability of such later-hired police officers and firefighters to retire after 25 years of service regardless of age.

      Under existing law, a retirement benefit is required to be reduced by 4 percent of the unmodified benefit for each full year, and an additional 0.33 percent for each additional month, that the member is under the appropriate retirement age. (NRS 286.510) Section 6 of this bill increases the amount of such reductions for members who have an effective date of membership on or after January 1, 2010, to 6 percent of the unmodified benefit for each full year, and an additional 0.5 percent for each additional month, that the member is under the appropriate retirement age.

      Under existing law, the monthly retirement allowance is calculated by multiplying a member’s average compensation, over the member’s 36 consecutive months of highest compensation, by 2.5 percent for every year of service earned before July 1, 2001, and 2.67 percent for every year of service earned thereafter. (NRS 286.551) Section 7 of this bill provides that the monthly retirement allowance for each member whose effective date of membership is on or after January 1, 2010, will be determined by multiplying the member’s average compensation by 2.5 percent for every year of service. Section 7 also limits, for a member whose effective date of membership is on or after January 1, 2010, to 10 percent per year the amount of an increase in compensation that can be considered when determining a retirement allowance, as calculated over a 60-month period that commences 24 months immediately preceding the 36 consecutive months of highest compensation. Section 1.7 of this bill then entitles an employee whose retirement allowances are so limited to a refund for a portion of the employee’s contributions to the System.

      Existing law prescribes certain requirements relating to the reinstatement by a retired public officer or employee, or surviving spouse thereof, of coverage under the health insurance plan of his last public employer. (NRS 287.0475) Sections 9 and 12 of this bill bifurcate the reinstatement requirements such that section 9 contains the requirements for retirees of local governments to reinstate coverage under the plans of their former local government employer and section 12 contains the requirements for retirees of the State to reinstate coverage under the Public Employees’ Benefits Program.

      Under existing law, a state agency is required to pay to the Program a certain portion of the cost of coverage under the Program for each state officer or employee of that state agency who participates in the Program. (NRS 287.046) Calculation of the subsidy for local government retirees is made in the same manner. (NRS 287.023) For employees who are initially hired by the State on or after January 1, 2010, section 11 of this bill: (1) eliminates the subsidy for coverage under the Program for retired officers and employees who have less than 15 years of service, with the exception of disabled retirees; and (2) requires continuous coverage under the Program by persons since their retirement to qualify for the subsidy. Section 10 of this bill makes conforming changes for local government retirees.

      Existing law sets forth various requirements concerning relations between local governments and their employees. Section 13 of this bill requires a new, extended or modified collective bargaining agreement to be approved by the governing body of the local government employer at a public hearing. It also requires the chief executive officer of the local government to provide a report on the fiscal impact of the agreement.

      Section 14 of this bill adds a requirement that before a dispute can be submitted to a fact finder, the parties to the dispute governed by chapter 288 of NRS must have failed to reach an agreement after at least six meetings.

 


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ê2009 Statutes of Nevada, Page 2345 (Chapter 426, SB 427)ê

 

      Sections 14, 15 and 16 of this bill require a fact finder or arbitrator, in determining the financial ability of a local government employer to grant monetary benefits, to consider funding for the current year being negotiated, or, in the case of a multi-year contract, the ability to pay over the life of the contract. If the fact finder or arbitrator determines that there is such a current financial ability, he is required to consider, to the extent appropriate, the compensation of other government employees, both in an out of this State. Sections 14, 15 and 16 also require local government employers subject to collective bargaining to hold an open public meeting within 45 days after the receipt of a decision from a fact finder or arbitrator, as applicable. The meeting must include a discussion of the issues, the statement of the fact finder or arbitrator and the overall fiscal impact of the decision. The fact finder or arbitrator must not be asked to discuss the decision during the meeting.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Legislature hereby finds and declares that to address the impact of the severe financial crisis in the State of Nevada during the 2009-2011 biennium, the following changes were required to be made to the Public Employees’ Benefits Program:

      1.  The premiums in each tier of coverage for active state officers and employees and their dependents paid by the State of Nevada were reduced by approximately 5 percent.

      2.  To qualify for the portion of the costs of premiums for coverage under the Program paid by the State of Nevada for retired officers and employees requires continuous coverage under the Program since retirement.

      3.  Premium increases for the Health Maintenance Organization were held to a maximum of 5 percent for Fiscal Year 2009-2010.

      4.  Neurotherapy and psychotherapy benefits for Attention Deficit Disorder and Attention Deficit Hyperactivity Disorder, which were added to the Program as of July 1, 2008, were eliminated.

      5.  The health assessment questionnaire and the accompanying incentives of a 50 percent reduction in the deductible and enhanced dental benefit for participation were eliminated.

      6.  A single deductible for the preferred provider organization plan was instituted, which meant a deductible of $725 for an individual and $1,450 for a family, compared to the current deductibles of $500 for an individual and $1,000 for a family on the most popular low-deductible plan.

      7.  The annual out-of-pocket maximum to be paid by an employee was indexed at 50 percent of medical inflation.

      8.  The subsidy for employees who are initially hired on or after January 1, 2010, and retire with less than 15 years of service was eliminated.

      9.  The annual deductible was indexed at 100 percent of medical inflation.

      Sec. 1.5.  Chapter 286 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.7 and 1.8 of this act.

      Sec. 1.7.  1.  A person who becomes a member of the System on or after January 1, 2010, and whose monthly service retirement allowance is determined using an average compensation amount limited by the provisions of subsection 4 of NRS 286.551 is entitled to a refund from his individual account of the difference between:

      (a) The amount of his employee contribution pursuant to NRS 286.410; and

 


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ê2009 Statutes of Nevada, Page 2346 (Chapter 426, SB 427)ê

 

      (b) The amount the employee contribution would have been had it been actuarially determined to account for the limits imposed by the provisions of subsection 4 of NRS 286.551.

      2.  The System shall pay any amount to which a person is entitled pursuant to subsection 1 upon the final determination of the amount of the person’s benefit, but not later than 6 months after the effective date of his retirement.

      Sec. 1.8.  1.  Except as otherwise provided in subsection 2, for a person who retires and who has an effective date of membership on or after January 1, 2010, allowances or benefits must be increased once each year on the first day of the month immediately following the anniversary of the date the person began receiving the allowance or benefit, by the lesser of:

      (a) Two percent following the 3rd anniversary of the commencement of benefits, 3 percent following the 6th anniversary of the commencement of benefits, 3.5 percent following the 9th anniversary of the commencement of benefits, 4 percent following the 12th anniversary of the commencement of benefits and each year thereafter; or

      (b) The average percentage of increase in the Consumer Price Index (All Items) for the 3 preceding years, unless a different index is substituted by the Board.

      2.  In any event, the allowance or benefit of a member must be increased by the percentages set forth in paragraph (a) of subsection 1 if the allowance or benefit of a member has not increased at a rate greater than or equal to the average of the Consumer Price Index (All Items), unless a different index is substituted by the Board, for the period between the date of his retirement and the date specified in subsection 1.

      3.  The Board may use a different index for the calculation made pursuant to paragraph (b) of subsection 1 if:

      (a) The substituted index is compiled and published by the United States Department of Labor; and

      (b) The Board determines that the substituted index represents a more accurate measurement of the cost of living for retired employees.

      4.  The base from which the increase provided by this section must be calculated is the allowance or benefit in effect on the day before the increase becomes effective.

      Sec. 2.  NRS 286.025 is hereby amended to read as follows:

      286.025  1.  Except as otherwise provided by specific statute, “compensation” is the salary paid to a member by his principal public employer.

      2.  The term includes:

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

      (b) Additional payment :

            (1) As applicable to a member who has an effective date of membership before January 1, 2010, for longevity, shift differential, hazardous duty, work performed on a holiday if it does not exceed the working hours of the normal workweek or pay period for that employee, holding oneself ready for duty while off duty and returning to duty after one’s regular working hours.

 


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            (2) As applicable to a member who has an effective date of membership on or after January 1, 2010, for longevity, shift differential, hazardous duty, work performed on a holiday if it does not exceed the working hours of the normal workweek or pay period for that employee, and, holding oneself ready for duty while off duty and returning to duty within 12 hours after one’s regular working hours to respond to an emergency. As used in this sub-subparagraph, “emergency” means a sudden, unexpected occurrence that is declared by the governing body or chief administrative officer of the public employer to involve clear and imminent danger and require immediate action to prevent and mitigate the endangerment of lives, health or property.

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

      (d) The aggregate compensation paid by two separate public employers if one member is employed half-time or more by one, and half-time or less by the other, if the total does not exceed full-time employment, if the duties of both positions are similar and if the employment is pursuant to a continuing relationship between the employers.

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

      Sec. 3.  NRS 286.190 is hereby amended to read as follows:

      286.190  The Board:

      1.  Has the powers and privileges of a body corporate and, subject to the limitations of this chapter, is responsible for managing the System.

      2.  Shall:

      (a) Arrange for a biennial actuarial valuation and report of the actuarial soundness of the System to be prepared by an independent actuary based upon data compiled and supplied by employees of the System, and shall adopt actuarial tables and formulas prepared and recommended by the actuary.

      (b) Provide for a biennial audit of the System, including the Administrative Fund, by an independent certified public accountant.

      (c) Provide an annual report to the Governor, each member of the Legislature, each participating public employer, and each participating employee and employer association, and make the report available to all members upon request. The report must contain, when available, a review of the actuarial valuation required by paragraph (a).

      (d) Post on its website any document that a public employer is required to submit to the System on or after January 1, 2010, relating to the contribution mechanism used by the public employer pursuant to NRS 286.410, 286.421 or 286.450.

      3.  May:

      (a) Adjust the service or correct the records, allowance or benefits of any member, retired employee or beneficiary after an error or inequity has been determined, and require repayment of any money determined to have been paid by the System in error, if the money was paid within 6 years before demand for its repayment.

      (b) Examine and copy personnel and financial records of public employers.

 


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      (c) Receive requests for membership from state, county or municipal entities which are not presently public employers, and determine whether or not any such entity and its employees qualify for membership as provided by this chapter.

      (d) Require an annual notarized statement from a retired employee or beneficiary that he is in fact receiving an allowance or benefits, and withhold the allowance or benefits if he fails to provide the statement.

      4.  As used in this section, “error or inequity” means the existence of extenuating circumstances, including, but not limited to, a member’s reasonable and detrimental reliance on representations made by the System or by the public employer pursuant to NRS 286.288 which prove to be erroneous, or the mental incapacity of the member.

      Sec. 4.  NRS 286.227 is hereby amended to read as follows:

      286.227  1.  There is hereby created a Police and Firefighters’ Retirement Fund Advisory Committee. The Board shall determine the number of its members and appoint the members. [Each]

      2.  The term of each member [serves at the pleasure of the] is 4 years.

      3.  The Board [.

      2.] may remove a member for cause.

      4.  The Committee shall make recommendations to the Board concerning the administration of and benefits payable from the Police and Firefighters’ Retirement Fund. The Board shall consult with the Committee on all matters concerning this Fund, and consider its recommendations upon their merits.

      Sec. 4.3.  NRS 286.410 is hereby amended to read as follows:

      286.410  1.  The employee contribution rate must be:

      (a) The matching contribution rate for employees and employers that is actuarially determined for police officers and firefighters and for regular members, depending upon the retirement fund in which the member is participating.

      (b) [Adjusted] Except as otherwise provided in subsection 2, adjusted on the first monthly retirement reporting period commencing on or after July 1 of each odd-numbered year based on the actuarially determined contribution rate indicated in the biennial actuarial valuation and report of the immediately preceding year. The adjusted rate must be rounded to the nearest one-quarter of 1 percent.

      2.  The employee’s portion of the matching contribution rate for employees and employers must not be adjusted in accordance with the provisions of paragraph (b) of subsection 1 if [the] :

      (a) The existing rate is lower than the actuarially determined rate but within one-quarter of 1 percent of the actuarially determined rate.

      (b) The existing rate is higher than the actuarially determined rate but is within 1 percent of the actuarially determined rate. If the existing rate is more than 1 percent higher than the actuarially determined rate, the existing rate must be reduced by the amount by which it exceeds 1 percent above the actuarially determined rate.

      3.  From each payroll during the period of his membership, the employer shall deduct the amount of the member’s contributions and transmit the deduction to the Board at intervals designated and upon forms prescribed by the Board. The contributions must be paid on compensation earned by a member from his first day of service.

 


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ê2009 Statutes of Nevada, Page 2349 (Chapter 426, SB 427)ê

 

      4.  Any employee whose position is determined after July 1, 1971, to be eligible under the early retirement provisions for police officers and firefighters shall contribute the additional contributions required of police officers and firefighters from July 1, 1971, to the date of his enrollment under the Police and Firefighters’ Retirement Fund, if employment in this position occurred before July 1, 1971, or from date of employment in this position to the date of his enrollment under the Police and Firefighters’ Retirement Fund, if employment occurs later.

      5.  Except as otherwise provided in NRS 286.430, the System shall guarantee to each member the return of at least the total employee contributions which the member has made and which were credited to his individual account. These contributions may be returned to the member, his estate or beneficiary or a combination thereof in monthly benefits, a lump-sum refund or both.

      6.  Members with disabilities who are injured on the job and receive industrial insurance benefits for temporary total disability remain contributing members of the System for the duration of the benefits if and while the public employer continues to pay the difference between these benefits and his regular compensation. The public employer shall pay the employer contributions on these benefits.

      Sec. 4.5.  NRS 286.421 is hereby amended to read as follows:

      286.421  1.  A public employer that elected to pay on behalf of its employees the contributions required by subsection 1 of NRS 286.410 before July 1, 1983, shall continue to do so, but a public employer may not elect to pay those contributions on behalf of its employees on or after July 1, 1983.

      2.  An employee of a public employer that did not elect to pay on behalf of its employees the contributions required by subsection 1 of NRS 286.410 before July 1, 1983, may elect to:

      (a) Pay the contribution required by subsection 1 of NRS 286.410 on his own behalf; or

      (b) Have his portion of the contribution paid by his employer pursuant to the provisions of NRS 286.425.

      3.  Except for any person chosen by election or appointment to serve in an elective office of a political subdivision or as a district judge or a justice of the Supreme Court of this State:

      (a) Payment of the employee’s portion of the contributions pursuant to subsection 1 must be:

            (1) Made in lieu of equivalent basic salary increases or cost-of-living increases, or both; or

            (2) Counterbalanced by equivalent reductions in employees’ salaries.

      (b) The average compensation from which the amount of benefits payable pursuant to this chapter is determined must be increased with respect to each month beginning after June 30, 1975, by 50 percent of the contribution made by the public employer, and must not be less than it would have been if contributions had been made by the member and the public employer separately. In the case of any officer or judge described in this subsection, any contribution made by the public employer on his behalf does not affect his compensation but is an added special payment.

      4.  Employee contributions made by a public employer must be deposited in either the Public Employees’ Retirement Fund or the Police and Firefighters’ Retirement Fund as is appropriate. These contributions must not be credited to the individual account of the member and may not be withdrawn by the member upon his termination.

 


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ê2009 Statutes of Nevada, Page 2350 (Chapter 426, SB 427)ê

 

be credited to the individual account of the member and may not be withdrawn by the member upon his termination.

      5.  The membership of an employee who became a member on or after July 1, 1975, and all contributions on whose behalf were made by his public employer must not be cancelled upon the termination of his service.

      6.  If an employer is paying the basic contribution on behalf of an employee, the total contribution rate, in lieu of the amounts required by subsection 1 of NRS 286.410 and NRS 286.450, must be:

      (a) The total contribution rate for employers that is actuarially determined for police officers and firefighters and for regular members, depending upon the retirement fund in which the member is participating.

      (b) [Adjusted] Except as otherwise provided in subsection 7, adjusted on the first monthly retirement reporting period commencing on or after July 1 of each odd-numbered year based on the actuarially determined contribution rate indicated in the biennial actuarial valuation and report of the immediately preceding year. The adjusted rate must be rounded to the nearest one-quarter of 1 percent.

      7.  The total contribution rate for employers must not be adjusted in accordance with the provisions of paragraph (b) of subsection 6 if [the] :

      (a) The existing rate is lower than the actuarially determined rate but is within one-half of 1 percent of the actuarially determined rate.

      (b) The existing rate is higher than the actuarially determined rate but is within 2 percent of the actuarially determined rate. If the existing rate is more than 2 percent higher than the actuarially determined rate, the existing rate must be reduced by the amount by which it exceeds 2 percent above the actuarially determined rate.

      Sec. 4.7.  NRS 286.450 is hereby amended to read as follows:

      286.450  1.  The employer contribution rate must be:

      (a) The matching contribution rate for employees and employers that is actuarially determined for police officers and firefighters and for regular members, depending upon the retirement fund in which the member is participating.

      (b) [Adjusted] Except as otherwise provided in subsection 2, adjusted on the first monthly retirement reporting period commencing on or after July 1 of each odd-numbered year based on the actuarially determined contribution rate indicated in the biennial actuarial valuation and report of the immediately preceding year. The adjusted rate must be rounded to the nearest one-quarter of 1 percent.

      2.  The employer’s portion of the matching contribution rate for employees and employers must not be adjusted in accordance with the provisions of paragraph (b) of subsection 1 if [the] :

      (a) The existing rate is lower than the actuarially determined rate but is within one-quarter of 1 percent of the actuarially determined rate.

      (b) The existing rate is higher than the actuarially determined rate but is within 1 percent of the actuarially determined rate. If the existing rate is more than 1 percent higher than the actuarially determined rate, the existing rate must be reduced by the amount by which it exceeds 1 percent above the actuarially determined rate.

      8.  For the purposes of adjusting salary increases and cost-of-living increases or of salary reduction, the total contribution must be equally divided between employer and employee.

 


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ê2009 Statutes of Nevada, Page 2351 (Chapter 426, SB 427)ê

 

      9.  Public employers other than the State of Nevada shall pay the entire employee contribution for those employees who contribute to the Police and Firefighters’ Retirement Fund on and after July 1, 1981.

      Sec. 5.  NRS 286.460 is hereby amended to read as follows:

      286.460  1.  Each participating public employer which pays compensation to its officers or employees in whole or in part from money received from sources other than money appropriated from the State General Fund, shall pay public employer contributions, or the proper portion thereof, to the System from the money of the department, board, commission or agency.

      2.  Public employer contributions for compensation paid from the State General Fund must be paid directly by each department, board, commission or other agency concerned, and allowance therefor must be made in the appropriation made for each department, board, commission or other state agency.

      3.  All participating public employers that are required to make payments pursuant to this section shall file payroll reports not later than 15 days after the end of the reporting period, together with the remittance of the amount due to the System. The 15-day limit is extended 1 working day for each legal holiday that falls within the 15-day period and is officially recognized by the public employer.

      4.  Payroll reports must contain accurate payroll information and be filed in a form prescribed by the Board. If the payroll reports are not filed or the amounts due are not remitted within the time provided, a penalty on the unpaid balance due must be assessed at a rate of 4 percent more than the prime rate of interest as published in the Wall Street Journal (Western Edition) for the first date the payment or report becomes delinquent.

      5.  A notice of the penalty assessed must be mailed by certified mail to the chief administrator of the delinquent public employer. The public employer shall pay the assessment within 90 days after receipt of the notice or an additional penalty of 1 percent of the assessment per month must be imposed until paid. Refusal or failure by the public employer to pay the assessment within 12 months after receipt is a misdemeanor on the part of the chief administrator of the delinquent public employer. The Retirement Board may accept, no later than 30 days after the notice is received, an appeal from a public employer for waiver or reduction of a penalty assessed on account of extenuating circumstances and make any adjustment it deems necessary.

      6.  Except as otherwise required as a result of NRS 286.537, upon notification that a current employee was not properly enrolled in the System by the public employer, the public employer shall pay within 90 days all the employee and employer contributions and the interest that is due as computed by the System from the first day the employee was eligible for membership. The public employer is entitled to recover from the employee the employee contributions and interest thereon.

      7.  If an employer reports wages pursuant to this section that are ineligible pursuant to the definition of compensation under NRS 286.025, the public employer is responsible to the employee for the impact to the member’s benefit, if any, that results from the erroneously reported wages.

      8.  As used in this section, “reporting period” means the calendar month for which members’ compensation and service credits are reported and certified by participating public employers. Compensation paid during each month must be reported separately, and retroactive salary increases must be identified separately for each month to which they apply.

 


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ê2009 Statutes of Nevada, Page 2352 (Chapter 426, SB 427)ê

 

month must be reported separately, and retroactive salary increases must be identified separately for each month to which they apply.

      Sec. 6.  NRS 286.510 is hereby amended to read as follows:

      286.510  1.  Except as otherwise provided in subsections 2 and 3, a member of the System :

      (a) Who has an effective date of membership before January 1, 2010, is eligible to retire at age 65 if he has at least 5 years of service, at age 60 if he has at least 10 years of service and at any age if he has at least 30 years of service.

      (b) Who has an effective date of membership on or after January 1, 2010, is eligible to retire at age 65 if he has at least 5 years of service, at age 62 if he has at least 10 years of service and at any age if he has at least 30 years of service.

      2.  A police officer or firefighter :

      (a) Who has an effective date of membership before January 1, 2010, is eligible to retire at age 65 if he has at least 5 years of service, at age 55 if he has at least 10 years of service, at age 50 if he has at least 20 years of service and at any age if he has at least 25 years of service.

      (b) Who has an effective date of membership on or after January 1, 2010, is eligible to retire at age 65 if he has at least 5 years of service, at age 60 if he has at least 10 years of service and at age 50 if he has at least 20 years of service.

Ê Only service performed in a position as a police officer or firefighter, established as such by statute or regulation, service performed pursuant to subsection 3 and credit for military service, may be counted toward eligibility for retirement pursuant to this subsection.

      3.  Except as otherwise provided in subsection 4, a police officer or firefighter who has at least 5 years of service as a police officer or firefighter and is otherwise eligible to apply for disability retirement pursuant to NRS 286.620 because of an injury arising out of and in the course of his employment remains eligible for retirement pursuant to subsection 2 if:

      (a) He applies to the Board for disability retirement and the Board approves his application;

      (b) In lieu of a disability retirement allowance, he accepts another position with the public employer with which he was employed when he became disabled as soon as practicable but not later than 90 days after the Board approves his application for disability retirement;

      (c) He remains continuously employed by that public employer until he becomes eligible for retirement pursuant to subsection 2; and

      (d) After he accepts a position pursuant to paragraph (b), his contributions are paid at the rate that is actuarially determined for police officers and firefighters until he becomes eligible for retirement pursuant to subsection 2.

      4.  If a police officer or firefighter who accepted another position with the public employer with which he was employed when he became disabled pursuant to subsection 3 ceases to work for that public employer before becoming eligible to retire pursuant to subsection 2, he may begin to receive a disability retirement allowance without further approval by the Board by notifying the Board on a form prescribed by the Board.

      5.  Eligibility for retirement, as provided in this section, does not require the member to have been a participant in the System at the beginning of his credited service.

 


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ê2009 Statutes of Nevada, Page 2353 (Chapter 426, SB 427)ê

 

      6.  Any member who has the years of creditable service necessary to retire but has not attained the required age, if any, may retire at any age with a benefit actuarially reduced to the required retirement age. Except as otherwise required as a result of NRS 286.537, a retirement benefit pursuant to this subsection must be reduced :

      (a) If the member has an effective date of membership before January 1, 2010, by 4 percent of the unmodified benefit for each full year that the member is under the appropriate retirement age, and an additional 0.33 percent for each additional month that the member is under the appropriate retirement age.

      (b) If the member has an effective date of membership on or after January 1, 2010, by 6 percent of the unmodified benefit for each full year that the member is under the appropriate retirement age, and an additional 0.5 percent for each additional month that the member is under the appropriate retirement age.

Ê Any option selected pursuant to this subsection must be reduced by an amount proportionate to the reduction provided in this subsection for the unmodified benefit. The Board may adjust the actuarial reduction based upon an experience study of the System and recommendation by the actuary.

      Sec. 7.  NRS 286.551 is hereby amended to read as follows:

      286.551  Except as otherwise required as a result of NRS 286.535 or 286.537:

      1.  Except as otherwise provided in [this] subsection [,] 2:

      (a) For a member who has an effective date of membership before January 1, 2010, a monthly service retirement allowance must be determined by multiplying a member’s average compensation by 2.5 percent for each year of service earned before July 1, 2001, and 2.67 percent for each year of service earned on or after July 1, 2001 . [, except that a]

      (b) For a member who has an effective date of membership on or after January 1, 2010, a monthly service retirement allowance must be determined by multiplying a member’s average compensation by 2.5 percent for each year of service earned.

      2.  A member:

      (a) Who has an effective date of membership on or after July 1, 1985, is entitled to a benefit of not more than 75 percent of his average compensation with his eligibility for service credit ceasing at 30 years of service.

      (b) Who has an effective date of membership before July 1, 1985, and retires on or after July 1, 1977, is entitled to a benefit of not more than 90 percent of his average compensation with his eligibility for service credit ceasing at 36 years of service.

Ê In no case may the service retirement allowance determined pursuant to this section be less than the allowance to which the retired employee would have been entitled pursuant to the provisions of this section which were in effect on the day before July 3, 1991.

      [2.] 3.  For the purposes of this section, except as otherwise provided in [subsection 3,] subsections 4, 5 and 6, “average compensation” means the average of a member’s 36 consecutive months of highest compensation as certified by the public employer.

      [3.] 4.  Except as otherwise provided in subsection 5, for an employee who becomes a member of the System on or after January 1, 2010, the following limits must be observed when calculating the member’s average compensation based on a 60-month period that commences 24 months immediately preceding the 36 consecutive months of highest compensation:

 


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ê2009 Statutes of Nevada, Page 2354 (Chapter 426, SB 427)ê

 

compensation based on a 60-month period that commences 24 months immediately preceding the 36 consecutive months of highest compensation:

      (a) The compensation for the 13th through the 24th months may not exceed the actual compensation amount for the 1st through the 12th months by more than 10 percent;

      (b) The compensation for the 25th through the 36th months may not exceed by more than 10 percent the lesser of:

            (1) The maximum compensation amount allowed pursuant to paragraph (a); or

            (2) The actual compensation amount for the 13th through the 24th months;

      (c) The compensation for the 37th through the 48th months may not exceed by more than 10 percent the lesser of:

            (1) The maximum compensation amount allowed pursuant to paragraph (b); or

            (2) The actual compensation amount for the 25th through the 36th months; and

      (d) The compensation for the 49th through the 60th months may not exceed by more than 10 percent the lesser of:

            (1) The maximum average compensation amount allowed pursuant to paragraph (c); or

            (2) The actual compensation amount for the 37th through the 48th months.

      5.  Compensation attributable to a promotion and assignment-related compensation must be excluded when calculating the limits pursuant to subsection 4.

      6.  The average compensation of a member who has a break in service or partial months of compensation, or both, as a result of service as a Legislator during a regular or special session of the Nevada Legislature must be calculated on the basis of the average of his 36 consecutive months of highest compensation as certified by his public employer excluding each month during any part of which the Legislature was in session. This subsection does not affect the computation of years of service.

      [4.] 7.  The retirement allowance for a regular part-time employee must be computed from the salary which he would have received as a full-time employee if it results in greater benefits for the employee. A regular part-time employee is a person who works half-time or more, but less than full-time:

      (a) According to the regular schedule established by the employer for his position; and

      (b) Pursuant to an established agreement between the employer and the employee.

      Sec. 8.  (Deleted by amendment.)

      Sec. 9.  Chapter 287 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A public officer or employee of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada who has retired pursuant to NRS 1A.350 or 1A.480, or 286.510 or 286.620, or is enrolled in a retirement program provided pursuant to NRS 286.802, or the surviving spouse of such a retired public officer or employee who is deceased, may, in any even-numbered year, reinstate any insurance, except life insurance, that, at the time of reinstatement, is provided by the last public employer of the retired public officer or employee to the active officers and employees and their dependents of that public employer:

 


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in any even-numbered year, reinstate any insurance, except life insurance, that, at the time of reinstatement, is provided by the last public employer of the retired public officer or employee to the active officers and employees and their dependents of that public employer:

      (a) Pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025; or

      (b) Under the Program, if the last public employer of the retired officer or employee participates in the Program pursuant to paragraph (a) of subsection 1 of NRS 287.025.

      2.  Reinstatement pursuant to paragraph (a) of subsection 1 must be requested by:

      (a) Giving written notice of his intent to reinstate the insurance to the last public employer of the public officer or employee not later than January 31 of an even-numbered year;

      (b) Accepting the public employer’s current program or plan of insurance and any subsequent changes thereto; and

      (c) Except as otherwise provided in subparagraph (2) of paragraph (b) of subsection 4 of NRS 287.023, paying any portion of the premiums or contributions of the public employer’s program or plan of insurance, in the manner set forth in NRS 1A.470 or 286.615, which is due from the date of reinstatement and not paid by the public employer.

Ê The last public employer shall give the insurer notice of the reinstatement not later than March 31 of the year in which the public officer or employee or surviving spouse gives notice of his intent to reinstate the insurance.

      3.  Reinstatement pursuant to paragraph (b) of subsection 1 must be requested pursuant to NRS 287.0475.

      4.  Reinstatement of insurance pursuant to subsection 1 excludes claims for expenses for any condition for which medical advice, treatment or consultation was rendered within 12 months before reinstatement unless the reinstated insurance has been in effect more than 12 consecutive months.

      5.  The last public employer of a retired officer or employee who reinstates insurance, except life insurance, which was provided to him and his dependents at the time of his retirement pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 shall, for the purpose of establishing actuarial data to determine rates and coverage for such persons, commingle the claims experience of such persons with the claims experience of active and retired officers and employees and their dependents who participate in that group insurance, plan of benefits or medical and hospital service.

      Sec. 10.  NRS 287.023 is hereby amended to read as follows:

      287.023  1.  Whenever an officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada retires under the conditions set forth in NRS 1A.350 or 1A.480, or 286.510 or 286.620 and, at the time of his retirement, was covered or had his dependents covered by any group insurance, plan of benefits or medical and hospital service established pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 or under the Public Employees’ Benefits Program pursuant to paragraph (a) of subsection 1 of NRS 287.025, the officer or employee has the option upon retirement to cancel or continue any such coverage to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq.

 


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cancel or continue any such coverage to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq.

      2.  A retired person who continues coverage under the Public Employees’ Benefits Program shall assume the portion of the premium or contribution costs for the coverage which the governing body or the State does not pay on behalf of retired officers or employees. A dependent of such a retired person has the option, which may be exercised to the same extent and in the same manner as the retired person, to cancel or continue coverage in effect on the date the retired person dies. The dependent is not required to continue to receive retirement payments from the Public Employees’ Retirement System to continue coverage.

      3.  Notice of the selection of the option must be given in writing to the last public employer of the officer or employee within 60 days after the date of retirement or death, as the case may be. If no notice is given by that date, the retired officer or employee and his dependents shall be deemed to have selected the option to cancel the coverage for the group insurance, plan of benefits or medical and hospital service established pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 or coverage under the Public Employees’ Benefits Program pursuant to paragraph (a) of subsection 1 of NRS 287.025.

      4.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of this State:

      (a) May pay the cost, or any part of the cost, of coverage established pursuant to NRS 287.010, 287.015 or 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 for persons who continue that coverage pursuant to subsection 1, but it must not pay a greater portion than it does for its current officers and employees.

      (b) Shall pay the same portion of the cost of coverage under the Public Employees’ Benefits Program for [retired] persons who [continue coverage] :

            (1) Were initially hired before January 1, 2010, and who retire and are covered under the [Public Employees’ Benefits] Program pursuant to subsection 1 or who subsequently reinstate coverage under the [Public Employees’ Benefits] Program pursuant to [NRS 287.0475,] section 9 of this act; or

            (2) Are initially hired on or after January 1, 2010, and who retire with:

                  (I) At least 15 years of service credit, which must include local governmental service and may include state service, and who have participated in the Program on a continuous basis since their retirement from such employment; or

                  (II) At least 5 years of service credit, which must include local governmental service and may include state service, who do not have at least 15 years of service credit to qualify under sub-subparagraph (I) as a result of a disability for which disability benefits are received under the Public Employees’ Retirement System or a retirement program for professional employees offered by or through the Nevada System of Higher Education,

Ê as the State pays pursuant to subsection 2 of NRS 287.046 for persons retired from state service who have continued to participate in the Public Employees’ Benefits Program.

 


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      5.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of this State shall, for the purpose of establishing actuarial data to determine rates and coverage for persons who continue coverage for group insurance, a plan of benefits or medical and hospital service with the governing body pursuant to subsection 1, commingle the claims experience of those persons with the claims experience of active officers and employees and their dependents who participate in the group insurance, a plan of benefits or medical and hospital service.

      Sec. 11.  NRS 287.046 is hereby amended to read as follows:

      287.046  1.  Except as otherwise provided in subsection 6, any active state officer or employee who elects to participate in the Program may participate, and the participating state agency that employs the officer or employee shall pay the State’s share of the cost of the premiums or contributions for the Program from money appropriated or authorized as provided in NRS 287.044. State officers and employees who elect to participate in the Program must authorize deductions from their compensation for the payment of premiums or contributions for the Program. Any deduction from the compensation of a state officer or employee for the payment of a premium or contribution for health insurance must be based on the actual amount of the premium or contribution after deducting any amount of the premium or contribution which is paid by the participating state agency that employs the employee.

      2.  The Department of Administration shall establish an assessment that is to be used to pay for a portion of the cost of premiums or contributions for the Program for persons who have retired with state service [and who elect to participate in the Program.] before January 1, 1994, or under the circumstances set forth in paragraph (a), (b) or (c) of subsection 4.

      3.  The money [so] assessed pursuant to subsection 2 must be deposited into the Retirees’ Fund and must be based upon an amount approved by the Legislature each session to pay for a portion of the current and future health and welfare benefits for [state] such retirees. Except as otherwise provided in subsection [3,] 5, the portion to be paid to the Program from the Retirees’ Fund on behalf of such persons [who have retired with state service and who elect to participate in the Program] must be equal to a portion of the cost for each retiree and his dependents who are enrolled in the plan, as defined for each year of the plan by the Program.

      4.  Adjustments to the portion paid by the Retirees’ Fund must be as follows:

      (a) For persons who retire [from the State] on or after January 1, 1994, [adjustments to the portion paid by the Retirees’ Fund must be as follows:

      (a)] with state service:

            (1) For each year of service less than 15 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, the portion paid by the Retirees’ Fund must be reduced by an amount equal to 7.5 percent of the base funding level defined by the Legislature. In no event may the adjustment exceed 75 percent of the base funding level defined by the Legislature.

      [(b)] (2) For each year of service greater than 15 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, the portion paid by the Retirees’ Fund must be increased by an amount equal to 7.5 percent of the base funding level defined by the Legislature.

 


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the base funding level defined by the Legislature. In no event may the adjustment exceed 37.5 percent of the base funding level defined by the Legislature.

      [3.] (b) For persons who are initially hired by the State on or after January 1, 2010, and who retire with at least 15 years of service credit, which must include state service and may include local governmental service, and who have participated in the Program on a continuous basis since their retirement from such employment, for each year of service greater than 15 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, the portion paid by the Retirees’ Fund must be increased by an amount equal to 7.5 percent of the base funding level defined by the Legislature. In no event may the adjustment exceed 37.5 percent of the base funding level defined by the Legislature.

      (c) For persons who are initially hired by the State on or after January 1, 2010, and who retire with at least 5 years of service credit, which must include state service and may include local governmental service, who do not have at least 15 years of service credit to qualify under paragraph (b) as a result of a disability for which disability benefits are received under the Public Employees’ Retirement System or a retirement program for professional employees offered by or through the Nevada System of Higher Education, and who have participated in the Program on a continuous basis since their retirement from such employment:

            (1) For each year of service less than 15 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, the portion paid by the Retirees’ Fund must be reduced by an amount equal to 7.5 percent of the base funding level defined by the Legislature. In no event may the adjustment exceed 75 percent of the base funding level defined by the Legislature.

            (2) For each year of service greater than 15 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, the portion paid by the Retirees’ Fund must be increased by an amount equal to 7.5 percent of the base funding level defined by the Legislature. In no event may the adjustment exceed 37.5 percent of the base funding level defined by the Legislature.

      5.  If the amount calculated pursuant to subsection [2] 4 exceeds the actual premium or contribution for the plan of the Program that the retired participant selects, the balance must be credited to the Program Fund.

      [4.] 6.  For the purposes of subsection 2:

      (a) Credit for service must be calculated in the manner provided by chapter 286 of NRS.

      (b) No proration may be made for a partial year of state service.

      [5.] 7.  The Department shall agree through the Board with the insurer for billing of remaining premiums or contributions for the retired participant and his dependents to the retired participant and to his dependents who elect to continue coverage under the Program after his death.

      [6.] 8.  A Senator or Assemblyman who elects to participate in the Program shall pay the entire premium or contribution for his insurance.

      Sec. 12.  NRS 287.0475 is hereby amended to read as follows:

      287.0475  1.  A public officer or employee who has retired pursuant to NRS 1A.350 or 1A.480, or 286.510 or 286.620, or a retirement program provided pursuant to NRS 286.802, or the surviving spouse of such a retired public officer or employee who is deceased may, in any even-numbered year, reinstate any insurance, except life insurance, that, at the time of reinstatement, is provided by the last public employer of the retired public officer or employee to the active officers and employees and their dependents of that public employer:

 


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ê2009 Statutes of Nevada, Page 2359 (Chapter 426, SB 427)ê

 

reinstate any insurance, except life insurance, that, at the time of reinstatement, is provided by the last public employer of the retired public officer or employee to the active officers and employees and their dependents of that public employer:

      (a) Pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025; or

      (b) Under the Program, if the last public employer of the retired officer or employee was the State of Nevada or if the last public employer of the retired officer or employee participates in the Program pursuant to paragraph (a) of subsection 1 of NRS 287.025.

      2.  Reinstatement pursuant to subsection 1 must be requested by:

      (a) Giving written notice of his intent to reinstate the insurance to the last public employer of the public officer or employee not later than January 31 of an even-numbered year;

      (b) Accepting the public employer’s current program or plan of insurance and any subsequent changes thereto; and

      (c) [Paying] Except as otherwise provided in NRS 287.046, paying any portion of the premiums or contributions of the public employer’s program or plan of insurance, in the manner set forth in NRS 1A.470 or 286.615, which are due from the date of reinstatement and not paid by the public employer.

Ê The last public employer shall give the insurer notice of the reinstatement no later than March 31 of the year in which the public officer or employee or surviving spouse gives notice of his intent to reinstate the insurance.

      3.  Reinstatement of insurance excludes claims for expenses for any condition for which medical advice, treatment or consultation was rendered within 12 months before reinstatement unless the reinstated insurance has been in effect more than 12 consecutive months.

      4.  The last public employer of a retired officer or employee who reinstates insurance, except life insurance, which was provided to him and his dependents at the time of his retirement pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025, shall, for the purpose of establishing actuarial data to determine rates and coverage for such persons, commingle the claims experience of such persons with the claims experience of active and retired officers and employees and their dependents who participate in that group insurance, plan of benefits or medical and hospital service.

      Sec. 13.  Chapter 288 of NRS is hereby amended by adding thereto a new section to read as follows:

      Any new, extended or modified collective bargaining agreement or similar agreement between a local government employer and an employee organization must be approved by the governing body of the local government employer at a public hearing. The chief executive officer of the local government shall report to the local government the fiscal impact of the agreement.

      Sec. 14.  NRS 288.200 is hereby amended to read as follows:

      288.200  Except in cases to which NRS 288.205 and 288.215, or NRS 288.217 apply:

      1.  If:

      (a) The parties have failed to reach an agreement after at least six meetings of negotiations; and

 


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      (b) The parties have participated in mediation and by April 1, have not reached agreement , [; or

      (b) The bargaining unit represented by the employee organization contains fewer than 30 persons,]

Ê either party to the dispute, at any time after April 1, may submit the dispute to an impartial fact finder for his findings and recommendations. His findings and recommendations are not binding on the parties except as provided in subsections 5, 6 and [9.] 11. The mediator of a dispute may also be chosen by the parties to serve as the fact finder.

      2.  If the parties are unable to agree on an impartial fact finder or a panel of neutral arbitrators within 5 days, either party may request from the American Arbitration Association or the Federal Mediation and Conciliation Service a list of seven potential fact finders. If the parties are unable to agree upon which arbitration service should be used, the Federal Mediation and Conciliation Service must be used. Within 5 days after receiving a list from the applicable arbitration service, the parties shall select their fact finder from this list by alternately striking one name until the name of only one fact finder remains, who will be the fact finder to hear the dispute in question. The employee organization shall strike the first name.

      3.  The local government employer and employee organization each shall pay one-half of the cost of fact-finding. Each party shall pay its own costs of preparation and presentation of its case in fact-finding.

      4.  A schedule of dates and times for the hearing must be established within 10 days after the selection of the fact finder pursuant to subsection 2, and the fact finder shall report his findings and recommendations to the parties to the dispute within 30 days after the conclusion of the fact-finding hearing.

      5.  The parties to the dispute may agree, before the submission of the dispute to fact-finding, to make the findings and recommendations on all or any specified issues final and binding on the parties.

      6.  If the parties do not agree on whether to make the findings and recommendations of the fact finder final and binding, either party may request the formation of a panel to determine whether the findings and recommendations of a fact finder on all or any specified issues in a particular dispute which are within the scope of subsection [9] 11 are to be final and binding. The determination must be made upon the concurrence of at least two members of the panel and not later than the date which is 30 days after the date on which the matter is submitted to the panel, unless that date is extended by the Commissioner of the Board. Each panel shall, when making its determination, consider whether the parties have bargained in good faith and whether it believes the parties can resolve any remaining issues. Any panel may also consider the actions taken by the parties in response to any previous fact-finding between these parties, the best interests of the State and all its citizens, the potential fiscal effect both within and outside the political subdivision, and any danger to the safety of the people of the State or a political subdivision.

      7.  Except as otherwise provided in subsection [8,] 10, any fact finder, whether his recommendations are to be binding or not, shall base his recommendations or award on the following criteria:

      (a) A preliminary determination must be made as to the financial ability of the local government employer based on all existing available revenues as established by the local government employer and within the limitations set forth in NRS 354.6241, with due regard for the obligation of the local government employer to provide facilities and services guaranteeing the health, welfare and safety of the people residing within the political subdivision.

 


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forth in NRS 354.6241, with due regard for the obligation of the local government employer to provide facilities and services guaranteeing the health, welfare and safety of the people residing within the political subdivision.

      (b) Once the fact finder has determined in accordance with paragraph (a) that there is a current financial ability to grant monetary benefits, and subject to the provisions of paragraph (c), he shall consider, to the extent appropriate, compensation of other government employees, both in and out of the State and use normal criteria for interest disputes regarding the terms and provisions to be included in an agreement in assessing the reasonableness of the position of each party as to each issue in dispute and he shall consider whether the Board found that either party had bargained in bad faith.

      (c) A consideration of funding for the current year being negotiated. If the parties mutually agree to arbitrate a multiyear contract, the fact finder must consider the ability to pay over the life of the contract being negotiated or arbitrated.

Ê The fact finder’s report must contain the facts upon which he based his determination of financial ability to grant monetary benefits and his recommendations or award.

      8.  Within 45 days after the receipt of the report from the fact finder, the governing body of the local government employer shall hold a public meeting in accordance with the provisions of chapter 241 of NRS. The meeting must include a discussion of:

      (a) The issues of the parties submitted pursuant to subsection 3;

      (b) The report of findings and recommendations of the fact finder; and

      (c) The overall fiscal impact of the findings and recommendations, which must not include a discussion of the details of the report.

Ê The fact finder must not be asked to discuss the decision during the meeting.

      9.  The chief executive officer of the local government shall report to the local government the fiscal impact of the findings and recommendations. The report must include, without limitation, an analysis of the impact of the findings and recommendations on compensation and reimbursement, funding, benefits, hours, working conditions or other terms and conditions of employment.

      10.  Any sum of money which is maintained in a fund whose balance is required by law to be:

      (a) Used only for a specific purpose other than the payment of compensation to the bargaining unit affected; or

      (b) Carried forward to the succeeding fiscal year in any designated amount, to the extent of that amount,

Ê must not be counted in determining the financial ability of a local government employer and must not be used to pay any monetary benefits recommended or awarded by the fact finder.

      [9.] 11.  The issues which may be included in a panel’s order pursuant to subsection 6 are:

      (a) Those enumerated in subsection 2 of NRS 288.150 as the subjects of mandatory bargaining, unless precluded for that year by an existing collective bargaining agreement between the parties; and

      (b) Those which an existing collective bargaining agreement between the parties makes subject to negotiation in that year.

 


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Ê This subsection does not preclude the voluntary submission of other issues by the parties pursuant to subsection 5.

      Sec. 15.  NRS 288.215 is hereby amended to read as follows:

      288.215  1.  As used in this section:

      (a) “Firefighters” means those persons who are salaried employees of a fire prevention or suppression unit organized by a political subdivision of the State and whose principal duties are controlling and extinguishing fires.

      (b) “Police officers” means those persons who are salaried employees of a police department or other law enforcement agency organized by a political subdivision of the State and whose principal duties are to enforce the law.

      2.  The provisions of this section apply only to firefighters and police officers and their local government employers.

      3.  If the parties have not agreed to make the findings and recommendations of the fact finder final and binding upon all issues, and do not otherwise resolve their dispute, they shall, within 10 days after the fact finder’s report is submitted, submit the issues remaining in dispute to an arbitrator who must be selected in the manner provided in NRS 288.200 and have the same powers provided for fact finders in NRS 288.210.

      4.  The arbitrator shall, within 10 days after he is selected, and after 7 days’ written notice is given to the parties, hold a hearing to receive information concerning the dispute. The hearings must be held in the county in which the local government employer is located and the arbitrator shall arrange for a full and complete record of the hearings.

      5.  At the hearing, or at any subsequent time to which the hearing may be adjourned, information may be presented by:

      (a) The parties to the dispute; or

      (b) Any interested person.

      6.  The parties to the dispute shall each pay one-half of the costs incurred by the arbitrator.

      7.  A determination of the financial ability of a local government employer must be based on [all] :

      (a) All existing available revenues as established by the local government employer and within the limitations set forth in NRS 354.6241, with due regard for the obligation of the local government employer to provide facilities and services guaranteeing the health, welfare and safety of the people residing within the political subdivision.

      (b) Consideration of funding for the current year being negotiated. If the parties mutually agree to arbitrate a multi-year contract the arbitrator must consider the ability to pay over the life of the contract being negotiated or arbitrated.

Ê Once the arbitrator has determined in accordance with this subsection that there is a current financial ability to grant monetary benefits, he shall consider, to the extent appropriate, compensation of other governmental employees, both in and out of this State.

      8.  At the recommendation of the arbitrator, the parties may, before the submission of a final offer, enter into negotiations. If the negotiations are begun, the arbitrator may adjourn the hearings for a period of 3 weeks. An agreement by the parties is final and binding, and upon notification to the arbitrator, the arbitration terminates.

      9.  If the parties do not enter into negotiations or do not agree within 30 days, each of the parties shall submit a single written statement containing its final offer for each of the unresolved issues.

 


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      10.  The arbitrator shall, within 10 days after the final offers are submitted, accept one of the written statements, on the basis of the criteria provided in NRS 288.200, and shall report his decision to the parties. The decision of the arbitrator is final and binding on the parties. Any award of the arbitrator is retroactive to the expiration date of the last contract.

      11.  The decision of the arbitrator must include a statement:

      (a) Giving his reason for accepting the final offer that is the basis of his award; and

      (b) Specifying his estimate of the total cost of the award.

      12.  Within 45 days after the receipt of the decision from the arbitrator pursuant to subsection 10, the governing body of the local government employer shall hold a public meeting in accordance with the provisions of chapter 241 of NRS. The meeting must include a discussion of:

      (a) The issues submitted pursuant to subsection 3;

      (b) The statement of the arbitrator pursuant to subsection 11; and

      (c) The overall fiscal impact of the decision, which must not include a discussion of the details of the decision.

Ê The arbitrator must not be asked to discuss the decision during the meeting.

      13.  The chief executive officer of the local government shall report to the local government the fiscal impact of the decision. The report must include, without limitation, an analysis of the impact of the decision on compensation and reimbursement, funding, benefits, hours, working conditions or other terms and conditions of employment.

      Sec. 16.  NRS 288.217 is hereby amended to read as follows:

      288.217  1.  The provisions of this section govern negotiations between school districts and employee organizations representing teachers and educational support personnel.

      2.  If the parties to a negotiation pursuant to this section have failed to reach an agreement after at least four sessions of negotiation, either party may declare the negotiations to be at an impasse and, after 5 days’ written notice is given to the other party, submit the issues remaining in dispute to an arbitrator. The arbitrator must be selected in the manner provided in subsection 2 of NRS 288.200 and has the powers provided for fact finders in NRS 288.210.

      3.  The arbitrator shall, within 30 days after he is selected, and after 7 days’ written notice is given to the parties, hold a hearing to receive information concerning the dispute. The hearing must be held in the county in which the school district is located and the arbitrator shall arrange for a full and complete record of the hearing.

      4.  The parties to the dispute shall each pay one-half of the costs of the arbitration.

      5.  A determination of the financial ability of a school district must be based on [all] :

      (a) All existing available revenues as established by the school district and within the limitations set forth in NRS 354.6241, with due regard for the obligation of the school district to provide an education to the children residing within the district.

      (b) Consideration of funding for the current year being negotiated. If the parties mutually agree to arbitrate a multi-year contract the arbitrator must consider the ability to pay over the life of the contract being negotiated or arbitrated.

 


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Ê Once the arbitrator has determined in accordance with this subsection that there is a current financial ability to grant monetary benefits, he shall consider, to the extent appropriate, compensation of other governmental employees, both in and out of this State.

      6.  At the recommendation of the arbitrator, the parties may, before the submission of a final offer, enter into negotiations. If the negotiations are begun, the arbitrator may adjourn the hearing for a period of 3 weeks. If an agreement is reached, it must be submitted to the arbitrator, who shall certify it as final and binding.

      7.  If the parties do not enter into negotiations or do not agree within 30 days after the hearing held pursuant to subsection 3, each of the parties shall submit a single written statement containing its final offer for each of the unresolved issues.

      8.  The arbitrator shall, within 10 days after the final offers are submitted, render his decision on the basis of the criteria set forth in NRS 288.200. The arbitrator shall accept one of the written statements and shall report his decision to the parties. The decision of the arbitrator is final and binding on the parties. Any award of the arbitrator is retroactive to the expiration date of the last contract between the parties.

      9.  The decision of the arbitrator must include a statement:

      (a) Giving his reason for accepting the final offer that is the basis of his award; and

      (b) Specifying his estimate of the total cost of the award.

      10.  Within 45 days after the receipt of the decision from the arbitrator, the board of trustees of the school district shall hold a public meeting in accordance with the provisions of chapter 241 of NRS. The meeting must include a discussion of:

      (a) The issues submitted pursuant to subsection 2;

      (b) The statement of the arbitrator pursuant to subsection 9; and

      (c) The overall fiscal impact of the decision which must not include a discussion of the details of the decision.

Ê The arbitrator must not be asked to discuss the decision during the meeting.

      11.  The superintendent of the school district shall report to the board of trustees the fiscal impact of the decision. The report must include, without limitation, an analysis of the impact of the decision on compensation and reimbursement, funding, benefits, hours, working conditions or other terms and conditions of employment.

      12.  As used in this section:

      (a) “Educational support personnel” means all classified employees of a school district, other than teachers, who are represented by an employee organization.

      (b) “Teacher” means an employee of a school district who is licensed to teach in this State and who is represented by an employee organization.

      Sec. 17.  1.  This section and section 5 of this act become effective upon passage and approval.

      2.  Sections 1 to 4.7, inclusive, and 6 to 16, inclusive, of this act become effective on January 1, 2010.

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