κ1999 Statutes of Nevada, Page 2575κ
Assembly Bill No. 38Assemblyman Neighbors
CHAPTER 501
AN ACT relating to district courts; providing for an additional judge for the fifth judicial district; authorizing the board of county commissioners to establish one or more locations within the county for a district court to hold court in addition to the county seat; making an appropriation; and providing other matters properly relating thereto.
[Approved June 8, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 1.050 is hereby amended to read as follows:
1.050 1. [The] Except as otherwise provided in NRS 3.100, the district court in and for Carson City shall sit at Carson City.
2. Except as provided in subsection 4 [,] or NRS 3.100, every other court of justice, except justices or municipal court, shall sit at the county seat of the county in which it is held.
3. Justices courts shall be held in their respective townships, precincts or cities, and municipal courts in their respective cities.
4. The parties to an action in a district court may stipulate, with the approval of the court, that the action may be tried, or any proceeding related to the action may be had, before that court at any other place in this state where a district court is regularly held.
Sec. 2. NRS 3.015 is hereby amended to read as follows:
3.015 For the fifth judicial district there must be [one district judge.] two district judges.
Sec. 3. NRS 3.100 is hereby amended to read as follows:
3.100 1. Except as otherwise provided in this subsection, the district courts shall hold court at the county seat of their respective counties. The board of county commissioners may establish one or more additional locations within the county for the district court to hold court.
2. If a room for holding court [be] at the county seat is not provided by the county, together with attendants, fuel, lights and stationery, suitable and sufficient for the transaction of business, the court may direct the sheriff to provide such room, attendants, fuel, lights and stationery, and the expenses thereof shall be a county charge.
[2. Offices shall]
3. An office at each county seat must be provided and furnished by and at the expense of the several counties for the several district judges. Whenever the county commissioners of any county [shall] neglect or refuse to provide and furnish such an office for the use of the district judge, [it shall be lawful for such district judge to] the district judge may make an order, which [order shall] must be entered upon the minutes of the court, requiring the sheriff to provide and furnish [such] the office. The necessary expenses incurred therein [shall become] are a legal and valid claim against the county.
κ1999 Statutes of Nevada, Page 2576 (Chapter 501, AB 38)κ
Sec. 4. 1. There is hereby appropriated from the state general fund to the district judges salary account of the supreme court the sum of $62,651 for a portion of the salary for the additional district judge required for the fifth judicial district pursuant to section 2 of this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 5. The additional district judge required for the fifth judicial district pursuant to section 2 of this act must be selected at the general election to be held on November 7, 2000, and take office on January 1, 2001. The term of this judge expires on January 6, 2003.
Sec. 6. The provisions of subsection 1 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. 7. 1. This section and sections 1, 3, 5 and 6 of this act become effective on October 1, 1999.
2. Section 4 of this act becomes effective on July 1, 2000.
3. Section 2 of this act becomes effective on January 1, 2001.
________
Senate Bill No. 8Senator Rawson
CHAPTER 502
AN ACT relating to barbering; prohibiting the refunding of the fee for an examination for licensure by the state barbers health and sanitation board if the applicant, without good cause, fails to appear for the examination; requiring persons who are required to display their licenses to provide identification upon the request of a representative of the board; exempting prisoners from the provisions regulating the practice of barbering; increasing the bond and salary of the secretary‑treasurer of the board; providing a penalty; and providing other matters properly relating thereto.
[Approved June 8, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 643 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. An applicant for a license pursuant to the provisions of this chapter who, without good cause, fails to appear for an examination of the board after notification by the board of his eligibility to take the examination:
(a) Is not entitled to receive a refund of the fee for that examination; and
(b) Must reapply to take the examination by filing a new application and paying the fee for the examination.
2. The board shall, by regulation, define good cause for the purposes of this section.
Sec. 3. A person who is required to display a license issued pursuant to the provisions of this chapter shall, upon the request of an authorized representative of the board, provide to that representative identification in the form of a drivers license or identification card with a photograph that has been issued by a state, the District of Columbia or the United States.
κ1999 Statutes of Nevada, Page 2577 (Chapter 502, SB 8)κ
form of a drivers license or identification card with a photograph that has been issued by a state, the District of Columbia or the United States.
Sec. 4. NRS 643.010 is hereby amended to read as follows:
643.010 As used in this chapter, unless the context otherwise requires:
1. Barber school includes a school of barbering, college of barbering [, barber college ,] and any other place or institution of instruction training persons to engage in the practice of barbering.
2. Barbershop [embraces] means any establishment or place of business [wherein] where the practice of barbering is engaged in or carried on.
3. Board means the state barbers health and sanitation board.
4. Instructor means any person [certified] who is licensed by the board pursuant to the provisions of this chapter to instruct the practice of barbering in a barber school.
5. Licensed apprentice means a person who is licensed to engage in the practice of barbering as an apprentice pursuant to the provisions of this chapter.
6. Licensed barber means a person who is licensed to engage in the practice of barbering pursuant to the provisions of this chapter.
7. Practice of barbering [is defined to be any of, or any combination of, or all] means any of the following practices for cosmetic purposes:
(a) Shaving or trimming the beard, cutting or trimming the hair, or hair weaving.
(b) Giving massages of the face or scalp or treatments with oils, creams, lotions or other preparations, [either] by hand or mechanical appliances.
(c) Singeing, shampooing or dyeing the hair, or applying hair tonics.
(d) Applying cosmetic preparations, antiseptics, powders, oils or lotions to the scalp, face or neck.
(e) Arranging, fitting, cutting, styling, cleaning, coloring or dyeing a hairpiece or wig, whether made of human hair or synthetic material. This does not restrict any establishment from setting or styling a hairpiece or wig in preparation for retail sale.
[6. Practitioner of barbering means a person engaged in any of the practices designated in subsection 5.
7.] 8. Student means a person receiving instruction in a barber school.
Sec. 4.5. NRS 643.019 is hereby amended to read as follows:
643.019 This chapter does not apply [:
1. To persons] to:
1. Persons licensed pursuant to chapter 644 of NRS.
2. [To embalmers] Embalmers or undertakers in cutting the hair or trimming the beard of any deceased person in preparation for burial or cremation.
3. A prisoner who cuts hair in the city or county jail, state prison, or other detention or correctional facility in which he is incarcerated.
Sec. 5. NRS 643.020 is hereby amended to read as follows:
643.020 1. The state barbers health and sanitation board, consisting of four members, is hereby created.
κ1999 Statutes of Nevada, Page 2578 (Chapter 502, SB 8)κ
2. The board consists of the state health officer, or a member of his staff designated by the state health officer, and three members who are [registered] licensed barbers appointed by the governor. Of the barbers, one barber must be from Clark County, one barber must be from Washoe County and one barber must be from any county in the state. Each of the barbers must have been a resident of this state and a practicing [registered] licensed barber for at least 5 years immediately before his appointment.
3. The governor may remove a member of the board for cause.
Sec. 6. NRS 643.030 is hereby amended to read as follows:
643.030 1. The board shall elect a president. No person may serve as president for more than 4 consecutive years.
2. The board shall elect a vice president.
3. The board shall elect a secretary-treasurer, who may or may not be a member of the board. The board shall fix the salary of the secretary-treasurer, which must not exceed the sum of [$2,400] $3,600 per year.
4. Each officer and member of the board is entitled to receive:
(a) A salary of not more than $80 per day, as fixed by the board, while engaged in the business of the board; and
(b) A per diem allowance and travel expenses at a rate fixed by the board, while engaged in the business of the board. The rate must not exceed the rate provided for state officers and employees generally.
5. While engaged in the business of the board, each employee of the board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the board. The rate must not exceed the rate provided for state officers and employees generally.
6. The secretary-treasurer shall:
(a) Keep a record of all proceedings of the board.
(b) Give to [the] this state a bond in the sum of [$2,000,] $3,000, with sufficient sureties, for the faithful performance of his duties. The bond must be approved by the board.
Sec. 7. NRS 643.050 is hereby amended to read as follows:
643.050 1. The board [shall have the authority:
(a) To maintain] may:
(a) Maintain offices in as many [localities in the] locations in this state as it finds necessary to carry out the provisions of this chapter.
(b) [To employ] Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
(c) [To make reasonable rules and regulations for the administration of] Adopt regulations necessary to carry out the provisions of this chapter.
2. The board shall prescribe , by regulation, sanitary requirements for barbershops and barber schools.
3. Any member of the board or its agents or assistants [shall have authority to] may enter and inspect any barbershop or barber school at any time during business hours or at any time when the practice of barbering or instruction in [such] that practice is being carried on.
4. The board shall keep a record of its proceedings relating to the issuance, refusal, renewal, suspension and revocation of [certificates of registration. This record shall also] licenses. The record must contain the name, place of business and residence of each [registered barber and registered apprentice,] licensed barber, licensed apprentice and instructor, and the date and number of his [certificate of registration.
κ1999 Statutes of Nevada, Page 2579 (Chapter 502, SB 8)κ
registered apprentice,] licensed barber, licensed apprentice and instructor, and the date and number of his [certificate of registration. This record shall] license. The record must be open to public inspection at all reasonable times.
5. The board [shall have power to] may approve and, by official order, [to] establish the days and hours when barbershops may remain open for business whenever agreements fixing such opening and closing hours have been signed and submitted to the board by any organized and representative group of licensed barbers of at least 70 percent of the licensed barbers of any county. The board [shall have like power to] may investigate the reasonableness and propriety of the hours fixed by such an agreement, as is conferred by the provisions of this chapter, and the board may fix hours for any portion of a county.
6. The board [shall have authority to adopt and enforce reasonable rules and] may adopt regulations governing the conduct of barber schools [.
7. The board shall have authority to prescribe] and the course of study of barber schools.
Sec. 8. NRS 643.070 is hereby amended to read as follows:
643.070 Any person is qualified to receive a [certificate of registration] license as a barber:
1. Who is qualified under the provisions of NRS [643.080 or] 643.085.
2. Who is at least 18 years of age.
3. Who is of good moral character and temperate habits.
4. Who has [practiced] :
(a) Practiced as a [registered] licensed apprentice for a period of 18 months under the immediate personal supervision of a [registered] licensed barber ; or [has satisfied]
(b) Complied with the requirements of NRS 643.085.
5. Who has passed an examination conducted by the board to determine his fitness to practice as a [registered] licensed barber.
6. Who has had a chest X‑ray, the results of which indicate he is not tuberculous, and a blood test, the results of which indicate he is not a carrier of communicable diseases.
Sec. 9. NRS 643.080 is hereby amended to read as follows:
643.080 Any person is qualified to receive a [certificate of registration as a registered] license as an apprentice:
1. Who is at least 16 1/2 years of age.
2. Who is of good moral character and temperate habits.
3. Who has graduated from a school of barbering approved by the board.
4. Who has passed an examination conducted by the board to determine his fitness to practice as a [registered] licensed apprentice.
5. Who has had a chest X‑ray, the results of which indicate he is not tuberculous, and a blood test, the results of which indicate he is not a carrier of communicable diseases.
Sec. 10. NRS 643.085 is hereby amended to read as follows:
643.085 [For the purpose of issuing a certificate of registration as a barber, a] A person who:
1. Is licensed pursuant to the provisions of chapter 644 of NRS [who has] ; and
κ1999 Statutes of Nevada, Page 2580 (Chapter 502, SB 8)κ
2. Has completed 400 hours of specialized training at a barber school [of barbering] approved by the board , [is entitled to]
may take the examination for a license as a [practitioner of barbering] barber without being [certified] licensed as an apprentice.
Sec. 11. NRS 643.090 is hereby amended to read as follows:
643.090 1. Each applicant for a [certificate of registration as a practitioner of barbering] license as a barber or an apprentice must file an application verified by him for an examination before the board.
2. The application must be in a form prescribed by the board and include the social security number of the applicant.
3. Each application must be accompanied by the fees [provided] prescribed by subsection 4.
4. The board shall annually fix the examination fees, which must not be more than $100.
5. Each applicant must, at the time of filing the application, file a certificate [of] signed by a licensed physician certifying that the applicant is free from tuberculosis and other communicable diseases.
Sec. 12. NRS 643.095 is hereby amended to read as follows:
643.095 1. An applicant for the issuance or renewal of a [certificate of registration] license as a barber [or registered apprentice shall] , an apprentice or an instructor must submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The board shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the [certificate of registration;] license; or
(b) A separate form prescribed by the board.
3. A [certificate of registration] license as a barber [or registered] , an apprentice or an instructor may not be issued or renewed by the board if the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec. 13. NRS 643.100 is hereby amended to read as follows:
643.100 1. Not less than three times each year, at such times and places as it determines, the board shall conduct examinations to determine the fitness of each of the following:
κ1999 Statutes of Nevada, Page 2581 (Chapter 502, SB 8)κ
(a) Applicants for [certificates of registration to practice as registered] licenses as barbers.
(b) Applicants for [certificates of registration to practice as registered] licenses as apprentices.
(c) Applicants to enter barber schools.
2. The examination of applicants for [certificates of registration as registered] licenses as barbers and [as registered apprentices shall include both] apprentices must include a practical demonstration and a written and oral test [, and shall embrace] that must include the subjects usually taught in barber schools [of barbering] approved by the board.
Sec. 14. NRS 643.110 is hereby amended to read as follows:
643.110 1. Except as otherwise provided in subsection 2, an applicant for a license as a [practitioner of barbering] barber who fails to pass [a satisfactory] the examination conducted by the board must continue to practice as [an] a licensed apprentice for an additional 3 months before he [is again entitled to take] may retake the examination for [registration] a license as a barber.
2. An applicant for a license as a [practitioner of barbering] barber who is a cosmetologist licensed pursuant to the provisions of chapter 644 of NRS and who fails to pass [a satisfactory] the examination conducted by the board must complete further study as prescribed by the board, not exceeding 250 hours, in a barber school [of barbering] approved by the board before he [is again entitled to take] may retake the examination [.] for a license as a barber.
3. An applicant for a [certificate of registration to practice] license as an apprentice who fails to pass the examination provided for in NRS 643.080 must complete further study as prescribed by the board in a barber school approved by the board [.] before he may retake the examination for a license as an apprentice.
4. An applicant for a license as an instructor who fails to pass the examination provided for in NRS 643.1775 must complete further study prescribed by the board, not to exceed 250 hours, in a barber school approved by the board before he may retake the examination for a license as an instructor.
Sec. 15. NRS 643.120 is hereby amended to read as follows:
643.120 Any person who has a license or certificate [of registration as a practicing] as a barber or an apprentice from another state , the District of Columbia or a country which has substantially the same requirements for licensing [or registering] barbers and apprentices as are required by the provisions of this chapter [shall] must be admitted to practice [under such rules and regulations as the board shall prescribe under the terms of this chapter.] as a licensed barber or apprentice pursuant to the regulations adopted by the board.
Sec. 16. NRS 643.130 is hereby amended to read as follows:
643.130 A [certificate of registered] license as a barber or [of registered] an apprentice must be issued by the board to any applicant who:
1. Passes an examination as provided for in NRS 643.070 and 643.080;
2. Possesses the other qualifications required by the provisions of this chapter;
κ1999 Statutes of Nevada, Page 2582 (Chapter 502, SB 8)κ
3. Submits the statement required pursuant to NRS 643.095; and
4. Complies with the requirements set forth in the [rules and] regulations of the board.
Sec. 17. NRS 643.140 is hereby amended to read as follows:
643.140 1. [Every registered] Each licensed barber and [every registered] each licensed apprentice who continues in active practice or service shall biennially, on or before April 1 of each even‑numbered year, renew his [certificate of registration] license and pay the required fee. The board shall fix the fee for renewal of a [certificate of registration,] license, which must not be more than $60. The statement required pursuant to NRS 643.095 must be submitted with the fee. Every [certificate of registration] license which has not been renewed before May 1 of an even‑numbered year expires on that date.
2. A [registered] licensed barber or a [registered] licensed apprentice whose [certificate of registration] license has expired may have his [certificate] license restored immediately upon submission of the statement required pursuant to NRS 643.095 and payment of the required restoration fee at any time within 2 years after the expiration of his [certificate of registration.] license. The board shall fix the restoration fee, which must not be more than $120.
Sec. 18. NRS 643.150 is hereby amended to read as follows:
643.150 1. [Every holder of a certificate of registration] Each licensed barber and licensed apprentice shall display [it] his license in a conspicuous place adjacent to or near his work chair.
2. A copy of the [rules and regulations and sanitary requirements] regulations adopted by the board [shall be furnished] must be:
(a) Provided to the owner or manager of each barbershop or barber school [, and such copy shall be posted] ; and
(b) Displayed in a conspicuous place in [such] the barbershop or barber school.
Sec. 19. NRS 643.170 is hereby amended to read as follows:
643.170 1. The board shall not suspend or revoke [any certificate of registration] the license of any person, or refuse to issue or renew any [certificate of registration,] license, unless:
(a) Before taking that action the board gives written notice thereof to the accused stating the specific reason for its adverse action; and
(b) The accused is granted the opportunity to appear before the board for a hearing within 20 days after the date of the notice.
2. The board may:
(a) Summon witnesses.
(b) Require the production of books, records and papers for [the purpose of] the hearing.
3. Subpoenas must be issued by the secretary‑treasurer of the board directed to the sheriff of the proper county to be served and returned in the same manner as subpoenas in criminal cases. The fees and mileage of the sheriff and witnesses must be the same as is allowed in criminal cases and must be paid from the money of the board as other expenses of the board are paid.
κ1999 Statutes of Nevada, Page 2583 (Chapter 502, SB 8)κ
4. If the accused prevails at the hearing, the board shall grant him the proper relief without delay.
5. Any investigation, inquiry or hearing thus authorized may be entertained or held by or before a member or members of the board, and the finding or order of the member or members, when approved and confirmed by the board, shall be deemed the finding or order of the board.
Sec. 20. NRS 643.171 is hereby amended to read as follows:
643.171 No person [, firm or corporation] may operate a barbershop unless the board has issued a license to operate [such shop to such person, firm or corporation.] a barbershop to that person.
Sec. 21. (Deleted by amendment.)
Sec. 22. NRS 643.1715 is hereby amended to read as follows:
643.1715 [No] A license to operate a barbershop [may be assigned] may not be:
1. Assigned from one person [, firm or corporation] to any other person [, firm or corporation, nor may such license be transferred] ; or
2. Transferred from one location to another.
Sec. 23. NRS 643.1716 is hereby amended to read as follows:
643.1716 [No person, firm or corporation may] A person may not operate any barbershop unless [such person, firm or corporation and such barbershop respectively comply] he complies with all the applicable requirements of NRS 643.200 and [with] the regulations adopted by the board.
Sec. 24. NRS 643.172 is hereby amended to read as follows:
643.172 It is unlawful for any person [, firm or corporation] to operate a barber school unless the board has issued [to such person, firm or corporation] a license [which is current and in good standing.] to the person to operate the barber school.
Sec. 25. NRS 643.174 is hereby amended to read as follows:
643.174 Upon receipt of an application to operate a barber school, the board shall require the applicant, if [an individual,] the applicant is a sole proprietor, or a member, partner or officer , if the applicant is a firm, partnership or corporation, to appear personally before the board and submit information in such form as the board may by regulation prescribe showing:
1. The location of the proposed [college] barber school and its physical facilities and equipment;
2. The proposed maximum number of students to be trained at any one time and the number of instructors to be provided;
3. The nature and terms of the applicants right of possession of the proposed premises, whether by lease, ownership or otherwise;
4. The financial ability of the applicant to operate the [college] barber school in accordance with the requirements of this chapter and the regulations of the board; and
5. Such other information as the board considers necessary.
Sec. 26. NRS 643.175 is hereby amended to read as follows:
643.175 1. The fee [to be paid by an applicant] for a license to operate a barber school, as provided in NRS 643.173, [shall be $250, which fee will] is $250. The fee must be returned if the application is rejected.
κ1999 Statutes of Nevada, Page 2584 (Chapter 502, SB 8)κ
2. The fee [to be paid by an applicant] for the renewal of a license to operate a barber school [shall be] is $100.
3. [Every] Each license to operate a barber school which has not been renewed during the month of April in any year [shall expire] expires on May 1 of that year.
Sec. 27. NRS 643.176 is hereby amended to read as follows:
643.176 1. The board may adopt and enforce reasonable regulations governing:
(a) The conduct of barber schools;
(b) The course of study of barber schools;
(c) The examination of instructors;
(d) The fee for the examination of instructors, which may not exceed $75; and
(e) The fee for the issuance and renewal of an instructors [certificate.] license.
2. The board shall require, as a prerequisite for the renewal of an instructors [certification,] license, continuing education in the form of seminars or other training.
Sec. 28. NRS 643.177 is hereby amended to read as follows:
643.177 Any person who owns, manages, operates or controls any barber school, or part [or portion] thereof, shall:
1. Display a sign at every entrance to the barber school indicating that barbering is performed by students exclusively;
2. Have at least two instructors [available] on the premises of the barber school at all times [when] if the active enrollment of the school is 20 or more students and at least [one instructor when the active enrollment is less;] two instructors available to provide instruction at all times; and
3. Comply with all other provisions of this chapter relating to barber schools.
Sec. 29. NRS 643.1775 is hereby amended to read as follows:
643.1775 The board shall [certify] license any person as an instructor who:
1. Has applied to the board in writing on the form prescribed by the board;
2. Holds a high school diploma or its equivalent;
3. Has paid the applicable fees;
4. Holds a [certificate of registered] license as a barber issued by the board;
5. Submits the statement required pursuant to NRS 643.095;
6. Has practiced not less than 5 years as a full-time licensed barber in this state , the District of Columbia or in any other state or country whose requirements for licensing barbers are substantially equivalent to those in this state;
[6.] 7. Has successfully completed a training program for instructors conducted by a licensed barber school which consists of [a minimum of 400] not less than 600 hours of instruction within a 6-month period; and
[7. Successfully passes]
8. Has passed an examination for instructors administered by the board.
κ1999 Statutes of Nevada, Page 2585 (Chapter 502, SB 8)κ
Sec. 30. NRS 643.1775 is hereby amended to read as follows:
643.1775 The board shall license any person as an instructor who:
1. Has applied to the board in writing on the form prescribed by the board;
2. Holds a high school diploma or its equivalent;
3. Has paid the applicable fees;
4. Holds a license as a barber issued by the board;
5. [Submits the statement required pursuant to NRS 643.095;
6.] Has practiced not less than 5 years as a full-time licensed barber in this state, the District of Columbia or in any other state or country whose requirements for licensing barbers are substantially equivalent to those in this state;
[7.] 6. Has successfully completed a training program for instructors conducted by a licensed barber school which consists of not less than 600 hours of instruction within a 6-month period; and
[8.] 7. Has passed an examination for instructors administered by the board.
Sec. 31. NRS 643.182 is hereby amended to read as follows:
643.182 1. The board may by regulation require a licensed barber to maintain a barbershop licensed by the board as his primary base of operation for the performance of barbering services.
2. [Nothing in this section prevents] The provisions of this section do not prevent a licensed barber who complies with regulations adopted pursuant to subsection 1 from providing barbering services to customers away from his shop as a matter of convenience to those customers.
Sec. 32. NRS 643.185 is hereby amended to read as follows:
643.185 1. The following are grounds for disciplinary action by the board:
(a) Violation by any person [holding a certificate or license issued] licensed pursuant to the provisions of this chapter of any provision of this chapter or the regulations adopted by the board.
(b) Conviction of a felony.
(c) Malpractice or incompetency.
(d) Continued practice by a person knowingly having an infectious or contagious disease.
(e) Advertising, practicing or attempting to practice under anothers name or trade name.
(f) Drunkenness or addiction to a controlled substance.
2. If the board determines that a violation of this section has occurred, it may:
(a) Refuse to issue or renew a [certificate or] license;
(b) Revoke or suspend a [certificate or] license;
(c) Impose a fine of not more than $1,000; [or] and
(d) Require the person to pay all costs incurred by the board relating to the discipline of the person.
Sec. 33. NRS 643.188 is hereby amended to read as follows:
643.188 1. If the board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is [the holder of a certificate of registration] licensed as a barber [or registered apprentice,] , an apprentice or an instructor, the board shall deem the [certificate of registration] license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the [certificate of registration] license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the [certificate of registration] license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
κ1999 Statutes of Nevada, Page 2586 (Chapter 502, SB 8)κ
person who is [the holder of a certificate of registration] licensed as a barber [or registered apprentice,] , an apprentice or an instructor, the board shall deem the [certificate of registration] license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the [certificate of registration] license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the [certificate of registration] license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The board shall reinstate a [certificate of registration as a barber or registered apprentice] license that has been suspended by a district court pursuant to NRS 425.540 if the board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose [certificate of registration] license was suspended stating that the person whose [certificate of registration] license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 34. NRS 643.190 is hereby amended to read as follows:
643.190 It shall be unlawful:
1. For any person in this state to engage in the practice or attempt to practice barbering without a [certificate of registration, health and sanitation] license issued by the board pursuant to the provisions of this chapter.
2. For any owner or manager of any barbershop to employ a barber who does not have a [certificate of registration, health and sanitation] license issued by the board or whose [shop] barbershop does not meet the sanitary requirements of the board.
3. For any person to engage in the practice of barbering without a [certificate of registration as a registered] license as a barber issued pursuant to the provisions of this chapter by the board.
4. For any person to serve as an apprentice under a [registered] licensed barber without a [certificate of registration as a registered] license as an apprentice issued by the board.
5. For any person [, firm or corporation] to operate a barbershop unless [such shop shall] the barbershop is at all times [be] under the direct supervision and management of a [registered] licensed barber.
6. For any person [, firm or corporation] to hire or employ any person to engage in the practice of barbering unless [such person then holds a valid, unexpired and unrevoked certificate of registration to practice barbering or a certificate of registration as a registered] the person holds a license as a barber or an apprentice issued under the provisions of this chapter.
7. For any person to place a barber pole in a location that would create or tend to create the impression to members of the general public that a business located near the barber pole is a barbershop unless the business employs licensed barbers. As used in this subsection, barber pole means a red and white striped vertical cylinder with a ball located on top of the cylinder.
κ1999 Statutes of Nevada, Page 2587 (Chapter 502, SB 8)κ
Sec. 35. NRS 643.200 is hereby amended to read as follows:
643.200 1. It shall be unlawful for any licensed barber or apprentice:
(a) Knowingly to continue the practice of barbering, or for any student knowingly to continue as a student in any [school or college of barbering while such] barber school while the person has an infectious, contagious or communicable disease.
(b) To use upon one patron a towel that has been used upon another patron unless [and until] the towel has been relaundered.
(c) Not to provide the headrest on each chair with a relaundered towel or a sheet of clean paper for each patron.
(d) Not to place around the patrons neck a strip of cotton, towel or neckband so that the hair cloth does not come in contact with the neck or skin of the patrons body.
(e) To use in the practice of barbering any styptic pencils, finger bowls, sponges, lump alum or powder puffs. Possession of a styptic pencil, finger bowl, sponge, lump alum or powder puff in a barbershop is prima facie evidence that the [same] item is being used therein in the practice of barbering.
(f) To use on any patron any razors, scissors, tweezers, combs, rubber discs or parts of vibrators used on another patron, unless [the same be] the items are kept in a closed compartment and immersed in boiling water or in a solution of 2 percent carbolic acid, or its equivalent, before each [such] use.
2. It shall be unlawful to own, manage, control or operate any barbershop unless:
(a) Continuously hot and cold running water [be provided for, if possible.] is provided.
(b) A recognized sign is displayed at the main entrance to the shop indicating that it is a barbershop.
[3. The board shall have power to make other rules and regulations and prescribe other sanitary requirements in addition to the provisions of subsections 1 and 2 in aid or furtherance of the provisions of this chapter.]
Sec. 36. NRS 643.205 is hereby amended to read as follows:
643.205 It is unlawful for any person to instruct the practice of barbering in a barber school unless he is [certified] licensed by the board to do so.
Sec. 37. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1999.
Sec. 38. 1. This section and sections 1 to 29, inclusive, and sections 31 to 37, inclusive, of this act become effective on October 1, 1999.
2. Section 30 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more children,
are repealed by the Congress of the United States.
________
κ1999 Statutes of Nevada, Page 2588κ
Senate Bill No. 504Committee on Finance
CHAPTER 503
AN ACT making appropriations to the Department of Motor Vehicles and Public Safety for the costs of the VHF Highband Radio Project and to the Department of Transportation for completion of 800 MHz radio communication system; and providing other matters properly relating thereto.
[Approved June 8, 1999]
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:
(a) The sum of $290,144 to the Division of Parole and Probation; and
(b) The sum of $65,278 to the Investigation Division,
of the Department of Motor Vehicles and Public Safety for the Phase II costs of the VHF Highband Radio Project.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 2. 1. There is hereby appropriated from the state highway fund:
(a) The sum of $9,823,840 to the Nevada Highway Patrol Division; and
(b) The sum of $40,220 to the Registration Division,
of the Department of Motor Vehicles and Public Safety for the Phase II costs of the VHF Highband Radio Project.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state highway fund as soon as all payments of money committed have been made.
Sec. 3. 1. There is hereby appropriated from the state highway fund to the Department of Transportation the sum of $4,332,250 for the costs to complete the development and installation of the 800 MHz radio communication system.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state highway fund as soon as all payments of money committed have been made.
Sec. 4. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 2589κ
Senate Bill No. 469Committee on Human Resources and Facilities
CHAPTER 504
AN ACT relating to persons with mental disabilities; extending certain governmental services relating to mental retardation to persons with related conditions; and providing other matters properly relating thereto.
[Approved June 8, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 433 of NRS is hereby amended by adding thereto a new section to read as follows:
Persons with related conditions means persons who have a severe, chronic disability which:
1. Is attributable to:
(a) Cerebral palsy or epilepsy; or
(b) Any other condition, other than mental illness, found to be closely related to mental retardation because the condition results in impairment of general intellectual functioning or adaptive behavior similar to that of a mentally retarded person and requires treatment or services similar to those required by a mentally retarded person;
2. Is manifested before the person affected attains the age of 22 years;
3. Is likely to continue indefinitely; and
4. Results in substantial functional limitations in three or more of the following areas of major life activity:
(a) Taking care of oneself;
(b) Understanding and use of language;
(c) Learning;
(d) Mobility;
(e) Self-direction; and
(f) Capacity for independent living.
Sec. 2. NRS 433.003 is hereby amended to read as follows:
433.003 The legislature hereby declares that it is the intent of this Title:
1. To eliminate the forfeiture of any civil and legal rights of any person and the imposition of any legal disability on any person, based on an allegation of mental illness or mental retardation [,] or a related condition, by any method other than a separate judicial proceeding resulting in a determination of incompetency, wherein the civil and legal rights forfeited and the legal disabilities imposed are specifically stated; and
2. To charge the division of mental health and developmental services, and the division of child and family services, of the department with recognizing their duty to act in the best interests of their respective clients by placing them in the least restrictive environment.
κ1999 Statutes of Nevada, Page 2590 (Chapter 504, SB 469)κ
Sec. 3. NRS 433.005 is hereby amended to read as follows:
433.005 As used in this Title, unless the context otherwise requires, or except as otherwise defined by specific statute, the words and terms defined in NRS 433.014 to 433.224, inclusive, and section 1 of this act, have the meanings ascribed to them in those sections.
Sec. 4. NRS 433.184 is hereby amended to read as follows:
433.184 Mental retardation center means an organized program for providing appropriate services and treatment to mentally retarded persons [.] and persons with related conditions. A mental retardation center may include facilities for residential treatment and training.
Sec. 5. NRS 433.214 is hereby amended to read as follows:
433.214 Training means a program of services directed primarily toward enhancing the health, welfare and development of mentally retarded persons and persons with related conditions through the process of providing those experiences that will enable the individual to:
1. Develop his physical, intellectual, social and emotional capacities to the fullest extent;
2. Live in an environment that is conducive to personal dignity; and
3. Continue development of those skills, habits and attitudes essential to adaptation in contemporary society.
Sec. 6. NRS 433.233 is hereby amended to read as follows:
433.233 1. The division facilities providing mental health services are designated as:
(a) Nevada mental health institute;
(b) Southern Nevada adult mental health services;
(c) Rural clinics; and
(d) Lakes Crossing center.
2. The division facilities providing services for mentally retarded persons and persons with related conditions are designated as:
(a) Desert regional center;
(b) Sierra regional center; and
(c) Rural regional center.
3. Division facilities established after July 1, 1981, must be named by the administrator, subject to the approval of the director of the department.
Sec. 7. NRS 433.244 is hereby amended to read as follows:
433.244 1. The administrator must:
(a) Have training and demonstrated administrative qualities of leadership in any one of the professional fields of psychiatry, medicine, psychology, social work, education or administration.
(b) Be appointed, from a list of three persons nominated by the commission, on the basis of merit as measured by administrative training or experience in programs relating to mental health, including care, treatment or training, or any combination thereof, of mentally ill and mentally retarded persons [.] and persons with related conditions.
(c) Have additional qualifications which are in accordance with criteria prescribed by the department of personnel.
2. The administrator is in the unclassified service of the state.
κ1999 Statutes of Nevada, Page 2591 (Chapter 504, SB 469)κ
Sec. 8. NRS 433.279 is hereby amended to read as follows:
433.279 1. The division shall carry out a vocational and educational program for the certification of mental health-mental retardation technicians, including forensic technicians:
(a) Employed by the division, or other employees of the division who perform similar duties, but are classified differently.
(b) Employed by the division of child and family services of the department.
The program must be carried out in cooperation with the University and Community College System of Nevada.
2. A mental health-mental retardation technician is responsible to the director of the service in which his duties are performed. The director of a service may be a licensed physician, dentist, podiatric physician, psychiatrist, psychologist, rehabilitation therapist, social worker, registered nurse or other professionally qualified person. This section does not authorize a mental health-mental retardation technician to perform duties which require the specialized knowledge and skill of a professionally qualified person.
3. The division shall adopt regulations to carry out the provisions of this section.
4. As used in this section, mental health-mental retardation technician means an employee of the division of mental health and developmental services or the division of child and family services who, for compensation or personal profit, carries out procedures and techniques which involve cause and effect and which are used in the care, treatment and rehabilitation of mentally ill, emotionally disturbed or mentally retarded persons [,] or persons with related conditions, and who has direct responsibility for:
(a) Administering or carrying out specific therapeutic procedures, techniques or treatments, excluding medical interventions, to enable clients to make optimal use of their therapeutic regime, their social and personal resources, and their residential care; or
(b) The application of interpersonal and technical skills in the observation and recognition of symptoms and reactions of clients, for the accurate recording of such symptoms and reactions, and for carrying out treatments authorized by members of the interdisciplinary team that determines the treatment of the clients.
Sec. 9. NRS 433.314 is hereby amended to read as follows:
433.314 The commission shall:
1. Establish policies to ensure adequate development and administration of services for the mentally ill and mentally retarded [,] and persons with related conditions, including services to prevent mental illness and mental retardation and related conditions, and services provided without admission to a facility or institution;
2. Set policies for the care and treatment of mentally ill and mentally retarded persons and persons with related conditions provided by all state agencies;
3. Review the programs and finances of the division; and
κ1999 Statutes of Nevada, Page 2592 (Chapter 504, SB 469)κ
4. Report at the beginning of each year to the governor and at the beginning of each odd-numbered year to the legislature on the quality of the care and treatment provided for mentally ill and mentally retarded persons and persons with related conditions in this state and on any progress made toward improving the quality of that care and treatment.
Sec. 10. NRS 433.316 is hereby amended to read as follows:
433.316 The commission may:
1. Collect and disseminate information pertaining to mental health and mental retardation [.] and related conditions.
2. Request legislation pertaining to mental health and mental retardation [.] and related conditions.
3. Investigate complaints about the care of any person in a public facility for the treatment of the mentally ill or mentally retarded [.] and persons with related conditions.
4. Accept, as authorized by the legislature, gifts and grants of money and property.
5. Take appropriate steps to increase the availability of and to enhance the quality of the care and treatment of the mentally ill and mentally retarded and persons with related conditions provided through state agencies, hospitals and clinics.
6. Promote programs for the treatment of the mentally ill and mentally retarded and persons with related conditions and participate in and promote the development of facilities for training persons to provide services for the mentally ill and mentally retarded [.] and persons with related conditions.
7. Create a plan to coordinate the services for the treatment of the mentally ill and the mentally retarded and persons with related conditions provided in this state and to provide continuity in the care and treatment provided.
8. Establish and maintain an appropriate program which provides information to the general public concerning mental illness and mental retardation and related conditions and consider ways to involve the general public in the decisions concerning the policy on mental illness and mental retardation [.] and related conditions.
9. Compile statistics on mental illness and study the cause, pathology and prevention of that illness.
10. Establish programs to prevent or postpone the commitment of residents of this state to facilities for the treatment of the mentally ill and mentally retarded [.] and persons with related conditions.
11. Evaluate the future needs of this state concerning the treatment of mental illness and mental retardation and related conditions and develop ways to improve the treatment already provided.
12. Take any other action necessary to promote mental health in this state.
Sec. 11. NRS 433.324 is hereby amended to read as follows:
433.324 1. The commission shall adopt regulations:
(a) For the care and treatment of mentally ill and mentally retarded persons and persons with related conditions by all state agencies and facilities, and their referral to private facilities;
κ1999 Statutes of Nevada, Page 2593 (Chapter 504, SB 469)κ
(b) To ensure continuity in the care and treatment provided to mentally ill and mentally retarded persons and persons with related conditions in this state; and
(c) Necessary for the proper and efficient operation of the facilities of the division.
2. The commission may adopt regulations to promote programs relating to mental health and mental retardation [.] and related conditions.
Sec. 12. NRS 433.325 is hereby amended to read as follows:
433.325 The commission or its designated agent may inspect any state facility providing services for the mentally ill or mentally retarded and persons with related conditions to determine if the facility is in compliance with the provisions of this Title and any regulations adopted pursuant to those provisions.
Sec. 13. NRS 433.334 is hereby amended to read as follows:
433.334 The division may, by contract with general hospitals or other institutions having adequate facilities in the State of Nevada, provide for inpatient care of mentally ill and mentally retarded clients [.] and clients with related conditions.
Sec. 14. NRS 433.344 is hereby amended to read as follows:
433.344 The division may contract with appropriate persons professionally qualified in the field of psychiatric mental health to provide inpatient and outpatient care for mentally ill and mentally retarded persons and persons with related conditions when it appears that they can be treated best in that manner.
Sec. 15. NRS 433.395 is hereby amended to read as follows:
433.395 1. Upon approval of the director of the department, the administrator may accept:
(a) Donations of money and gifts of real or personal property; and
(b) Grants of money from the Federal Government,
for use in public or private programs that provide services to persons in this state who are mentally ill or mentally retarded [.] and persons with related conditions.
2. The administrator shall disburse any donations, gifts and grants received pursuant to this section to programs that provide services to persons who are mentally ill or mentally retarded and persons with related conditions in a manner that supports the plan to coordinate services created by the commission pursuant to subsection 7 of NRS 433.316. In the absence of a plan to coordinate services, the administrator shall make disbursements to programs that will maximize the benefit provided to persons who are mentally ill or mentally retarded and persons with related conditions in consideration of the nature and value of the donation, gift or grant.
3. Within limits of legislative appropriations or other available money, the administrator may enter into a contract for services related to the evaluation and recommendation of recipients for the disbursements required by this section.
Sec. 16. NRS 433.404 is hereby amended to read as follows:
433.404 1. The division shall establish a fee schedule for services rendered through any program supported by the state pursuant to the provisions of chapters 433 to 436, inclusive, of NRS. The schedule must be submitted to the commission and the director of the department for joint approval before enforcement.
κ1999 Statutes of Nevada, Page 2594 (Chapter 504, SB 469)κ
submitted to the commission and the director of the department for joint approval before enforcement. The fees collected by facilities operated by the division pursuant to this schedule must be deposited in the state treasury to the credit of the state general fund, except as otherwise provided in NRS 433.354 for fees collected pursuant to contract or agreement and in NRS 435.120 for fees collected for services to mentally retarded clients [.] and clients with related conditions.
2. For a facility providing services for the treatment of the mentally ill or mentally retarded [,] and persons with related conditions, the fee established must approximate the cost of providing the service, but if a client is unable to pay in full the fee established pursuant to this section, the division may collect any amount the client is able to pay.
Sec. 17. NRS 433.458 is hereby amended to read as follows:
433.458 Administrative officer means a person with overall executive and administrative responsibility for a facility that provides services relating to mental health or mental retardation and related conditions and that is operated by any public or private entity.
Sec. 18. NRS 433.494 is hereby amended to read as follows:
433.494 1. An individualized written plan of mental health or mental retardation services or plan of services for a related condition must be developed for each client of each facility. The plan must provide for the least restrictive treatment procedure that may reasonably be expected to benefit the client.
2. The plan must be kept current and must be modified when indicated. The plan must be thoroughly reviewed at least once every 3 months.
3. The person in charge of implementing the plan of services must be designated in the plan.
Sec. 19. NRS 433A.020 is hereby amended to read as follows:
433A.020 The administrative officer of a facility of the division must:
1. Be selected on the basis of training and demonstrated administrative qualities of leadership in any one of the fields of psychiatry, medicine, psychology, social work, education or administration.
2. Be appointed on the basis of merit as measured by administrative training or experience in programs relating to mental health, including care and treatment of mentally ill and mentally retarded persons [.] and persons with related conditions.
3. Have additional qualifications which are in accordance with criteria prescribed by the department of personnel.
Sec. 20. NRS 435.005 is hereby amended to read as follows:
435.005 Unless specifically excluded by law, the provisions of this chapter apply to all facilities within the division offering services to mentally retarded persons [.] and persons with related conditions.
Sec. 21. NRS 435.007 is hereby amended to read as follows:
435.007 As used in this chapter, unless the context otherwise requires:
1. Child means any person under the age of 18 years who may be eligible for mental retardation services [.] or services for a related condition.
2. Residential facility for groups means a structure similar to a private residence which will house a small number of persons in a homelike atmosphere.
κ1999 Statutes of Nevada, Page 2595 (Chapter 504, SB 469)κ
3. Parent means the parent of a child. The term does not include the parent of a person who has attained the age of 18 years.
4. Person includes a child and any other mentally retarded client or client with a related condition who has attained the age of 18 years.
Sec. 22. NRS 435.010 is hereby amended to read as follows:
435.010 1. The boards of county commissioners of the various counties shall make provision for the support, education and care of the mentally retarded children and children with related conditions of their respective counties.
2. For that purpose they are empowered to make all necessary contracts and agreements to carry out the provisions of NRS 435.010 to 435.040, inclusive. Any such contract or agreement may be made with any responsible person or facility in or without the State of Nevada.
3. The provisions of NRS 435.010 to 435.040, inclusive, supplement the services which other political subdivisions or agencies of the state are required by law to provide, and do not supersede or relieve the responsibilities of such political subdivisions or agencies.
Sec. 23. NRS 435.020 is hereby amended to read as follows:
435.020 All mentally retarded children and children with related conditions are entitled to benefits under NRS 435.010 to 435.040, inclusive:
1. Who are unable to pay for their support and care;
2. Whose parents, relatives or guardians are unable to pay for their support and care; and
3. If division facilities are to be utilized, whom the division recognizes as proper subjects for services within such division facilities.
Sec. 24. NRS 435.030 is hereby amended to read as follows:
435.030 1. A parent, relative, guardian or nearest friend of any mentally retarded child [,] or a child with a related condition who is a resident of this state, may file with the board of county commissioners of the proper county an application under oath stating:
(a) That the child meets the criteria set forth in NRS 435.020; and
(b) That the child requires services not otherwise required by law to be provided to him by any other county, political subdivision or agency of this or any other state.
2. If the board of county commissioners is satisfied that the statements made in the application are true, the board shall issue a certificate to that effect.
3. The board of county commissioners shall make necessary arrangements for the transportation of a mentally retarded child or a child with a related condition to any responsible person or facility to be utilized pursuant to contract or agreement as designated in NRS 435.010 at the expense of the county.
4. A certificate of the board of county commissioners, when produced, shall be the authority of any responsible person or facility in or without the State of Nevada under contract with the board of county commissioners to receive any such mentally retarded child [.] or child with a related condition.
κ1999 Statutes of Nevada, Page 2596 (Chapter 504, SB 469)κ
Sec. 25. NRS 435.040 is hereby amended to read as follows:
435.040 1. In case a resident of the northern Nevada childrens home or the southern Nevada childrens home is adjudged to be mentally retarded [,] or to have a related condition, a responsible person or facility as designated in NRS 435.010 may receive the resident from the superintendent of [such] the childrens home and shall make provision for [such] the child in the same manner as if received from a board of county commissioners.
2. The county of the childs residence immediately preceding admission to the childrens home [shall] must bear the expense of transportation to the responsible person or facility and of the subsequent care.
3. If the child is a dependent child committed to the northern Nevada childrens home or the southern Nevada childrens home under the provisions of NRS 423.210, the county [shall be] is entitled to receive from the parent or parents, and to recover by appropriate legal action if necessary, all sums expended by the county under subsection 2 , [;] but the sum which the county may receive or recover [shall] must not exceed the amount which the district court has ordered [such] the parent or parents to pay under NRS 423.210.
Sec. 26. NRS 435.060 is hereby amended to read as follows:
435.060 The division may operate a residential facility for groups to care for and maintain mentally retarded persons and persons with related conditions until they can live in a more normal situation.
Sec. 27. NRS 435.077 is hereby amended to read as follows:
435.077 1. The administrator shall [establish] adopt regulations for the transfer of mentally retarded persons and persons with related conditions from one facility to another facility operated by the division.
2. Subject to the provisions of subsection 3, when the associate administrator for mental retardation determines that it is in the best interest of the person, he may discharge, or place on convalescent leave, any mentally retarded person or person with a related condition in a facility operated by the division.
3. When a mentally retarded person or person with a related condition is committed to a division facility by court order, the committing court must be given 10 days notice before the discharge of that person.
Sec. 28. NRS 435.081 is hereby amended to read as follows:
435.081 1. The administrator or his designee may receive a mentally retarded person or person with a related condition of this state for services in a facility operated by the division if:
(a) [He] The person is mentally retarded as defined in NRS 433.174 or is a person with a related condition and is in need of institutional training and treatment;
(b) Space is available which is designed and equipped to provide appropriate care for [him;] the person;
(c) The facility has or can provide an appropriate program of training and treatment for [him;] the person; and
(d) There is written evidence that no less restrictive alternative is available in his community.
κ1999 Statutes of Nevada, Page 2597 (Chapter 504, SB 469)κ
2. A mentally retarded person or person with a related condition may be accepted at a division facility for emergency evaluation when the evaluation is requested by a court. A person must not be retained pursuant to this subsection for more than 10 working days.
3. A court may order that a mentally retarded person or person with a related condition be admitted to a division facility if it finds that admission is necessary because of the death or sudden disability of the parent or guardian of the person. The person must not be retained pursuant to this subsection for more than 45 days. Before the expiration of the 45-day period the division shall report to the court its recommendations for placement or treatment of the person. If less restrictive alternatives are not available, the person may be admitted to the facility using the procedures for voluntary or involuntary admission, as appropriate.
4. A child may be received, cared for and examined at a division facility for the mentally retarded for not more than 10 working days without admission, if the examination is ordered by a court having jurisdiction of the minor in accordance with the provisions of paragraph (c) of subsection 1 of NRS 62.211 and subsection 1 of NRS 432B.560. At the end of the 10 days, the administrator or his designee shall report the result of the examination to the court and shall detain the child until the further order of the court, but not to exceed 7 days after the administrators report.
5. The parent or guardian of a person believed to be mentally retarded or believed to have a related condition may apply to the administrative officer of a division facility to have the person evaluated by personnel of the division who are experienced in the diagnosis of mental retardation [.] and related conditions. The administrative officer may accept the person for evaluation without admission.
6. If, after the completion of an examination or evaluation pursuant to subsection 4 or 5, the administrative officer finds that the person meets the criteria set forth in subsection 1, the person may be admitted to the facility using the procedures for voluntary or involuntary admission, as appropriate.
7. If, at any time, the parent or guardian of a person admitted to a division facility on a voluntary basis, or the person himself if he has attained the age of 18 years, requests in writing that the person be discharged, the administrative officer shall discharge the person. If the administrative officer finds that discharge from the facility is not in the persons best interests, he may initiate proceedings for involuntary admission, but the person must be discharged pending those proceedings.
Sec. 29. NRS 435.085 is hereby amended to read as follows:
435.085 The administrative officer of a division facility may authorize the transfer of a mentally retarded person or person with a related condition to a general hospital for necessary diagnostic, medical or surgical services not available within the division. All expenses incurred under this section [shall] must be paid as follows:
1. In the case of a judicially committed mentally retarded person [, such expenses shall] or person with a related condition, the expenses must be paid by his parents or guardian to the extent of their reasonable financial ability as determined by the administrator, and the remainder, if any, [shall be] is a charge upon the county of the last known residence of the mentally retarded [persons last known residence;] person or person with a related condition;
κ1999 Statutes of Nevada, Page 2598 (Chapter 504, SB 469)κ
retarded [persons last known residence;] person or person with a related condition;
2. In the case of a mentally retarded person or person with a related condition admitted to a division facility pursuant to NRS 435.010, 435.020 and 435.030, [such expenses shall be] the expenses are a charge upon the county from which a certificate was issued pursuant to subsection 2 of NRS 435.030; and
3. In the case of a mentally retarded person or person with a related condition admitted to a division facility upon voluntary application as provided in NRS 435.081, [such expenses shall] the expenses must be paid by the parents or guardian to the extent of their reasonable financial ability as determined by the administrator, and for the remainder, if any, the administrator shall explore all reasonable alternative sources of payment.
Sec. 30. NRS 435.090 is hereby amended to read as follows:
435.090 1. When any mentally retarded child or child with a related condition is committed to a division facility by a court of competent jurisdiction, the court shall examine the parent, parents or guardian of [such] the child regarding the ability of [such] the parent, parents or guardian or the estate of the child to contribute to the care, support and maintenance of [such] the child while residing in [such] the facility.
2. If the court determines that the parent, parents or guardian of the child is able to contribute, it shall enter an order prescribing the amount to be contributed.
3. If the court determines that the estate of the child is able to contribute, it shall enter an order requiring that a guardian of the estate of the child be appointed, if there is none, and that the guardian of the estate contribute the amount prescribed by the court from [such] the estate.
4. If the parent, parents or guardian fail or refuse to comply with the order of the court, the division is entitled to recover from the parent, parents or guardian, by appropriate legal action, all sums due together with interest.
Sec. 31. NRS 435.100 is hereby amended to read as follows:
435.100 1. When any mentally retarded person or person with a related condition is transferred from one care facility operated by the division to another care facility operated by the division, the parent, parents or guardian shall continue to contribute [such] the amount for the care, support and maintenance of [such] the person as may have previously been ordered by the court of competent jurisdiction committing [such] the person.
2. If no such order was entered by the committing court, the division may petition [such] the court for an order requiring the parent, parents or guardian to contribute.
3. Any order for contribution entered under the provisions of subsection 2 [shall] must be entered in the same manner and [have] has the same effect as an order for contribution entered under the provisions of NRS 435.090.
Sec. 32. NRS 435.110 is hereby amended to read as follows:
435.110 1. When any mentally retarded child or child with a related condition is admitted to a facility operated by the division at the request of a parent, parents or guardian, [such] the parent, parents or guardian shall enter into an agreement with the division providing for the contribution of an amount for the care, support and maintenance of [such] the child as determined by the division to be reasonable.
κ1999 Statutes of Nevada, Page 2599 (Chapter 504, SB 469)κ
determined by the division to be reasonable. In determining the amount, the division shall give consideration to the ability of the parent, parents or guardian to make such a contribution, and may excuse the making of any contribution.
2. If the parent, parents or guardian fail or refuse to perform under the terms of the agreement, the division is entitled to recover from the parent, parents or guardian, by appropriate legal action, all sums due together with interest.
3. If the division determines that the parent, parents or guardian do not have the ability to contribute an amount sufficient to pay for the care, support and maintenance of [such] the child, but that the estate of [such] the child is able to contribute, the division may make application to a court of competent jurisdiction for the appointment of a guardian of the estate of [such] the child, if there is none, and for an order requiring [such] the guardian to contribute an amount as determined by the court.
Sec. 33. NRS 435.115 is hereby amended to read as follows:
435.115 The administrator shall establish a fee schedule, in consultation with the state association for retarded citizens and subject to the approval of the board and the director of the department, for services rendered to the mentally retarded and to persons with related conditions by the division.
Sec. 34. NRS 435.121 is hereby amended to read as follows:
435.121 1. There are two types of admissions of mentally retarded persons or persons with related conditions to a mental retardation center:
(a) Voluntary admission.
(b) Involuntary admission.
2. An application for admission of a mentally retarded person or person with a related condition to a mental retardation center must be made on a form approved by the division and the attorney general. The clerk of each district court in the state shall make the forms available to any person upon request.
Sec. 35. NRS 435.122 is hereby amended to read as follows:
435.122 1. Any mentally retarded person or person with a related condition may apply to any mental retardation center for admission as a voluntary client. His parent or guardian or another responsible person may submit the application on his behalf.
2. If the person or a responsible party on behalf of the person objects to voluntary admission, the procedure for involuntary admission may be followed.
Sec. 36. NRS 435.123 is hereby amended to read as follows:
435.123 Whenever a person is alleged to be mentally retarded or to have a related condition and is alleged to be a clear and present danger to himself or others, his parent or guardian or another responsible person may initiate proceedings for his involuntary admission to a mental retardation center by petitioning the district court of the county where the person resides. The petition must be accompanied by a certificate signed by a physician or licensed psychologist experienced in the diagnosis of mental retardation and related conditions stating that he has examined the person within the preceding 30 days and has concluded that the person is mentally retarded [,] or is a person with a related condition, has demonstrated that he is a clear and present danger to himself or others and is in need of institutional training and treatment.
κ1999 Statutes of Nevada, Page 2600 (Chapter 504, SB 469)κ
or is a person with a related condition, has demonstrated that he is a clear and present danger to himself or others and is in need of institutional training and treatment.
Sec. 37. NRS 435.125 is hereby amended to read as follows:
435.125 1. After the petition is filed , the court may cause a physician or licensed psychologist promptly to examine the person who is the subject of the petition or request an evaluation from the mental retardation center to which it is proposed the person be admitted. Any physician or licensed psychologist requested by the court to conduct such an examination must be experienced in the diagnosis of mental retardation [.] and related conditions. The examination or evaluation must indicate whether the person is or is not mentally retarded or a person with a related condition and whether he is or is not in need of institutional training and treatment.
2. The court may allow the person alleged to be mentally retarded or to have a related condition to remain at his place of residence pending any ordered examination and to return upon completion of the examination. One or more of the persons relatives or friends may accompany him to the place of examination.
Sec. 38. NRS 435.126 is hereby amended to read as follows:
435.126 1. The person alleged to be mentally retarded [,] or to have a related condition, or any relative or friend acting on his behalf, is entitled to retain counsel to represent him in any proceeding before the district court relating to his involuntary admission to a mental retardation center.
2. If [such] counsel has not been retained, the court, before proceeding, shall advise the person and his guardian, or closest living relative if such a relative can be located, of the persons right to have counsel.
3. If the person fails or refuses to secure counsel, the court shall appoint counsel to represent him. If the person is indigent, the counsel appointed may be the public defender.
4. Any counsel appointed by the court is entitled to fair and reasonable compensation for his services. The compensation must be charged against the property of the person for whom he was appointed. If the person is indigent, the compensation must be charged against the county in which the person alleged to be mentally retarded or to have a related condition last resided.
Sec. 39. NRS 435.128 is hereby amended to read as follows:
435.128 1. Upon completion of the proceedings for involuntary admission of a person to a mental retardation center, if the court finds:
(a) That the person is mentally retarded [,] or has a related condition, has demonstrated that he is a clear and present danger to himself or others and is in need of institutional training and treatment;
(b) That appropriate space and programs are available at the mental retardation center to which it is proposed that the person be admitted; and
(c) That there is no less restrictive alternative to admission to a mental retardation center which would be consistent with the best interests of the person,
the court shall by written order certify that the person is eligible for involuntary admission to a mental retardation center.
κ1999 Statutes of Nevada, Page 2601 (Chapter 504, SB 469)κ
2. A certificate of eligibility for involuntary admission expires 12 months after the date of issuance if the client has not been discharged earlier by the procedure provided in NRS 435.129. At the end of the 12-month period, the administrative officer of the mental retardation center may petition the court to renew the certificate for an additional period of not more than 12 months. Each petition for renewal must set forth the specific reasons why further treatment is required. A certificate may be renewed more than once.
Sec. 40. NRS 435.130 is hereby amended to read as follows:
435.130 The intent of the legislature in the enactment of NRS 435.130 to 435.320, inclusive, is to aid mentally or functionally retarded persons and persons with related conditions who are not served by existing programs to receive high quality care and training in an effort to help them become useful citizens.
Sec. 41. NRS 435.180 is hereby amended to read as follows:
435.180 Enrollee means any person enrolled in a center for care and training because of mental or functional retardation [.] or a related condition.
Sec. 42. NRS 435.230 is hereby amended to read as follows:
435.230 [In order to] To qualify for the aid provided for by NRS 435.130 to 435.320, inclusive, a center must:
1. File an application with the division for a certificate of qualification, which must include:
(a) The name and address of the center.
(b) The names, addresses and qualifications of the administrative personnel of the center.
(c) An outline of the educational, occupational and therapeutic program to be offered.
(d) The number of persons enrolled or expected.
(e) An affidavit that the center is nonsectarian and a nonprofit organization under the Internal Revenue Code of 1954 as amended , [(] 26 U.S.C. § 501(c)(3) . [).]
(f) The number and qualifications of the staff.
(g) A complete and detailed proposed financial statement for the operations for the coming year.
(h) Any other information which the division may require.
2. Each year after the original application is made under subsection 1, file an application for renewal of the certificate of qualification, which must contain:
(a) The information required by subsection 1.
(b) The total number of members of the staff, persons enrolled, and days of care and training that the center provided during the previous year.
(c) The number enrolled and days of care and training that the center provided during the previous year to those enrolled who qualify for aid under the terms of NRS 435.130 to 435.320, inclusive, and the standards established by the division.
(d) A financial statement clearly showing all income received by the center during the previous year and the sources thereof.
(e) Any other information that the division may require.
3. Be inspected by a member or authorized agent of the division to determine whether the centers facilities are proper and adequate.
κ1999 Statutes of Nevada, Page 2602 (Chapter 504, SB 469)κ
4. Keep accurate records of daily attendance and establish uniform financial statements and bookkeeping procedures as prescribed by the division.
5. Maintain standards not inconsistent with those required by NRS 435.130 to 435.320, inclusive, or established by the division to qualify for money from other sources, such as United Fund and United States Government programs.
6. Before certifying an applicant for enrollment as mentally retarded [,] or a person with a related condition, require:
(a) A documentary history of retarded overall functioning [;] or the related condition; and
(b) Substantiation, through evaluation by a qualified diagnostic team.
7. Meet all other standards set by the division.
Sec. 43. NRS 435.340 is hereby amended to read as follows:
435.340 Neither voluntary admission nor judicial commitment nor any other procedure provided in this chapter [shall] may be construed as depriving a mentally retarded person or person with a related condition of his full civil and legal rights by any method other than a separate judicial proceeding resulting in a determination of incompetency wherein the civil and legal rights forfeited and the legal disabilities imposed are specifically stated.
Sec. 44. NRS 435.350 is hereby amended to read as follows:
435.350 1. Each mentally retarded person or person with a related condition admitted to a division facility is entitled to all rights enumerated in NRS 433.482 and 433.484.
2. The administrator shall designate a person or persons to be responsible for establishment of regulations relating to denial of rights of mentally retarded persons [.] and persons with related conditions. The person designated shall file the regulations with the administrator.
3. Clients rights specified in NRS 433.482 and 433.484 may be denied only for cause. Any denial of such rights must be entered in the clients treatment record, and notice of [such] the denial must be forwarded to the administrators designee or designees as provided in subsection 2. Failure to report denial of rights by an employee may be grounds for dismissal.
4. Upon receipt of notice of a denial of rights as provided in subsection 3, the administrators designee or designees shall cause a full report to be prepared which sets forth in detail the factual circumstances surrounding [such] the denial. A copy of the report must be sent to the administrator and the commission.
5. The commission has such powers and duties with respect to reports of denial of rights as are enumerated in subsection 3 of NRS 433.534.
Sec. 45. NRS 435.360 is hereby amended to read as follows:
435.360 1. The relatives of a mentally retarded client or client with a related condition who is 18 years of age or older are not responsible for the costs of his care and treatment within a division facility.
2. The client or his estate, when able, may be required to contribute a reasonable amount toward the costs of his care and treatment. Otherwise, the full costs of [such] the services must be borne by the state.
κ1999 Statutes of Nevada, Page 2603 (Chapter 504, SB 469)κ
Sec. 46. NRS 435.365 is hereby amended to read as follows:
435.365 1. Whenever a person with mental retardation or a related condition is cared for by a parent or other relative with whom he lives, that parent or relative is eligible to receive assistance on a monthly basis from the division for each such person who lives and is cared for in the home if the division finds that:
(a) The person with mental retardation or a related condition has been diagnosed as having profound or severe mental retardation or, if he is under 6 years of age, has developmental delays that require support that is equivalent to the support required by a person with profound or severe mental retardation [;] or a related condition;
(b) The person with mental retardation or a related condition is receiving adequate care; and
(c) The person with mental retardation or a related condition and the parent or other relative with whom he lives is not reasonably able to pay for his care and support.
The amount of [such] the assistance must be established by legislative appropriation for each fiscal year.
2. The division shall adopt regulations:
(a) Which establish a procedure of application for assistance;
(b) For determining the eligibility of an applicant pursuant to subsection 1; and
(c) For determining the amount of assistance to be provided to an eligible applicant.
3. The decision of the division regarding eligibility for assistance or the amount of assistance to be provided is a final administrative decision.
Sec. 47. NRS 435.370 is hereby amended to read as follows:
435.370 The division may make such rules and regulations and enter such agreements with public and private agencies as are deemed necessary to implement residential placement-foster family care programs for mentally retarded persons [.] and persons with related conditions.
Sec. 48. NRS 435.390 is hereby amended to read as follows:
435.390 1. The administrative officer of any division facility where mentally retarded persons or persons with related conditions reside may establish a canteen operated for the benefit of clients and employees of the facility. The administrative officer shall keep a record of transactions in the operation of the canteen.
2. Each canteen must be self-supporting. No money provided by the state may be used for its operation.
3. The respective administrative officers shall deposit the money used for the operation of the canteen in one or more banks of reputable standing, except that an appropriate sum may be maintained as petty cash at each canteen.
Sec. 49. NRS 436.110 is hereby amended to read as follows:
436.110 The legislature declares that the purposes of this chapter are:
1. To encourage and provide financial assistance to counties in the establishment and development of mental health services, including services to the mentally retarded [,] and persons with related conditions, through locally controlled community mental health programs.
κ1999 Statutes of Nevada, Page 2604 (Chapter 504, SB 469)κ
2. To promote the improvement and, if necessary, the expansion of already existing services which help to conserve the mental health of the people of Nevada. It is the intent of this chapter that services to individuals [shall] be rendered only upon voluntary application.
Sec. 50. NRS 436.150 is hereby amended to read as follows:
436.150 The county board shall:
1. Review and evaluate communities needs, services, facilities and special problems in the fields of mental health and mental retardation [.] and related conditions.
2. Advise the governing body as to programs of community mental health services and facilities and services to the mentally retarded [,] and persons with related conditions, and, when requested by [such] the governing body, make recommendation regarding the appointment of a county director.
3. After adoption of a program, continue to act in an advisory capacity to the county director.
Sec. 51. NRS 436.170 is hereby amended to read as follows:
436.170 The county director shall:
1. Serve as chief executive officer of the county program and be accountable to the county board.
2. Exercise administrative responsibility and authority over the county program and facilities furnished, operated or supported in connection therewith, and over services to the mentally retarded [,] and persons with related conditions, except as administrative responsibility is otherwise provided for in this Title.
3. Recommend to the governing body, after consultation with the county board, the providing of services, establishment of facilities, contracting for services or facilities and other matters necessary or desirable to accomplish the purposes of this chapter.
4. Submit an annual report to the governing body reporting all activities of the program, including a financial accounting of expenditures and a forecast of anticipated needs for the ensuing year.
5. Carry on such studies as may be appropriate for the discharge of his duties, including the control and prevention of psychiatric disorders and the treatment of mental retardation [.] and related conditions.
Sec. 52. NRS 436.230 is hereby amended to read as follows:
436.230 Expenditures made by counties for county programs, including services to the mentally retarded [,] and persons with related conditions, pursuant to this chapter, [shall] must be reimbursed by the state pursuant to NRS 436.240 to 436.320, inclusive.
Sec. 53. NRS 436.240 is hereby amended to read as follows:
436.240 1. A service operated within a county program [shall] must be directed to at least one of the following mental health areas:
(a) Mental illness;
(b) Mental retardation [;] and related conditions;
(c) Organic brain and other neurological impairment;
(d) Alcoholism; and
(e) Drug abuse.
2. A service is any of the following:
κ1999 Statutes of Nevada, Page 2605 (Chapter 504, SB 469)κ
(a) Diagnostic service;
(b) Emergency service;
(c) Inpatient service;
(d) Outpatient or partial hospitalization service;
(e) Residential, sheltered or protective care service;
(f) Habilitation or rehabilitation service;
(g) Prevention, consultation, collaboration, education or information service; and
(h) Any other service approved by the division.
Sec. 54. NRS 436.270 is hereby amended to read as follows:
436.270 1. [Moneys] Money provided by direct legislative appropriation for purposes of reimbursement as provided by NRS 436.230 to 436.260, inclusive, [shall] must be allotted to the governing body as follows:
(a) The state shall pay to each county a sum equal to 90 percent of the total proposed expenditures as reflected by the plan of proposed expenditures submitted pursuant to NRS 436.250 if the county has complied with the provisions of paragraph (b).
(b) [Prior to] Before payment under this subsection, the governing body of a county must submit evidence to the administrator that 10 percent of the total proposed expenditures have been raised and budgeted by the county for the establishment or maintenance of a county program.
2. All state and federal moneys appropriated or authorized for the promotion of mental health or for services to the mentally retarded and persons with related conditions in the State of Nevada [shall] must be disbursed through the division in accordance with the provisions of this chapter and rules and regulations [promulgated] adopted in accordance therewith.
Sec. 55. NRS 436.310 is hereby amended to read as follows:
436.310 Fees for mental health services, including services to the mentally retarded [,] and persons with related conditions, rendered pursuant to an approved county plan [shall] must be charged in accordance with ability to pay, but not in excess of actual cost.
Sec. 56. This act becomes effective upon passage and approval.
________
Senate Bill No. 443Committee on Finance
CHAPTER 505
AN ACT relating to education; creating a committee to study the methods of funding higher education in this state; providing for its organization, powers and duties; making an appropriation; and providing other matters properly relating thereto.
[Approved June 8, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The Committee to Study the Funding of Higher Education, consisting of 12 voting members and 4 nonvoting members, is hereby created.
κ1999 Statutes of Nevada, Page 2606 (Chapter 505, SB 443)κ
2. The following persons shall serve as voting members of the Committee:
(a) Three members of the Senate, appointed by the Majority Leader of the Senate;
(b) Three members of the Assembly, appointed by the Speaker of the Assembly;
(c) Three members of the Board of Regents, appointed by the Chairman of that board; and
(d) Three members appointed by the Governor.
3. The Governor shall appoint the following persons to serve as the nonvoting members of the Committee:
(a) One person who is employed in the Budget Division of the Department of Administration; and
(b) Three persons who are employed by the University and Community College System of Nevada.
4. The Chairman of the Legislative Commission shall designate one of the members as Chairman of the Committee.
5. The Director of the Legislative Counsel Bureau shall provide the necessary professional staff and a secretary for the Committee.
6. For each day or portion of a day during which they attend a meeting of the Committee or are otherwise engaged in the business of the Committee:
(a) The voting members of the Committee who are Legislators are entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session plus the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207.
(b) The voting members of the Committee who are members of the Board of Regents are entitled to receive travel expenses and a per diem allowance at the rates established in NRS 396.070.
(c) The voting members of the Committee appointed by the Governor are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 2. The Committee shall:
1. Compare the existing method of funding higher education in Nevada with the methods used in other states; and
2. Determine whether the other methods would be appropriate and useful in Nevada.
Sec. 3. The Committee may hold public hearings at such times and places as it deems necessary to afford the general public and representatives of governmental agencies and of organizations interested in higher education an opportunity to present relevant information and recommendations.
Sec. 4. The Committee may employ such educational and financial consultants as it deems necessary for this study.
Sec. 5. The Committee may accept and use all gifts and grants which it receives to further its work.
Sec. 6. 1. There is hereby appropriated from the state general fund to the Legislative Commission the sum of $150,000 for the purpose of conducting a study of the funding of higher education as provided in this act.
κ1999 Statutes of Nevada, Page 2607 (Chapter 505, SB 443)κ
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after December 31, 2000, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 7. The Committee shall submit to the Legislative Commission a report of its findings and recommendations for legislation before the commencement of the 71st session of the Legislature.
Sec. 8. This act becomes effective on July 1, 1999, and expires by limitation on January 1, 2001.
________
Senate Bill No. 404Senators James, Townsend, OConnell, Rawson, Carlton, Amodei, Care, Coffin, Jacobsen, Mathews, McGinness, Neal, Porter, Raggio, Rhoads, Schneider, Shaffer, Titus, Washington and Wiener
CHAPTER 506
AN ACT relating to programs for public employees; providing for coverage under certain programs of group insurance or other medical or hospital service without charge for the surviving spouse and any surviving child of certain police officers and firemen; and providing other matters properly relating thereto.
[Approved June 8, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 287 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Except as otherwise provided in subsection 3, the surviving spouse and any surviving child of a police officer or fireman who was:
(a) Employed by a public agency that had established group insurance or medical and hospital service pursuant to NRS 287.010, 287.020 or 287.025; and
(b) Killed in the line of duty,
may elect to accept or continue coverage under that group insurance or medical and hospital service if the police officer or fireman was a participant or would have been eligible to participate in the group insurance or medical and hospital service on the date of the death of the police officer or fireman. If the surviving spouse or child elects to accept coverage under the group insurance or medical and hospital service in which the police officer or fireman would have been eligible to participate or to discontinue coverage under the group insurance or medical and hospital service in which the police officer or fireman was a participant, the spouse, child or legal guardian of the child must notify in writing the public agency that employed the police officer or fireman within 60 days after the date of death of the police officer or fireman.
κ1999 Statutes of Nevada, Page 2608 (Chapter 506, SB 404)κ
2. The public agency that employed the police officer or fireman shall pay the entire cost of the premiums or contributions for the group insurance or medical and hospital service for the surviving spouse or child who meets the requirements set forth in subsection 1.
3. A surviving spouse is eligible to receive coverage pursuant to this section for the duration of the life of the surviving spouse. A surviving child is eligible to receive coverage pursuant to this section until the child reaches:
(a) The age of 18 years; or
(b) The age of 23 years, if the child is enrolled as a full-time student in an accredited university, college or trade school.
4. As used in this section police officer has the meaning ascribed to it in NRS 617.135.
Sec. 3. 1. Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a police officer or fireman who was employed by a participating public agency and who was killed in the line of duty may join or continue coverage under the states program of group insurance if the police officer or fireman was a participant or would have been eligible to participate on the date of the death of the police officer or fireman. If the surviving spouse or child elects to join or discontinue coverage under the states program of group insurance pursuant to this subsection, the spouse, child or legal guardian of the child must notify in writing the participating public agency that employed the police officer or fireman within 60 days after the date of death of the police officer or fireman.
2. Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a volunteer fireman who was killed in the line of duty and who was officially a member of a volunteer fire department in this state is eligible to join the states program of group insurance. If such a spouse or child elects to join the states program of group insurance, the spouse, child or legal guardian of the child must notify in writing the committee on benefits within 60 days after the date of death of the volunteer fireman.
3. The participating public agency that employed the police officer or fireman shall pay the entire cost of the premiums or contributions for the states program of group insurance for the surviving spouse or child who meets the requirements set forth in subsection 1. The State of Nevada shall pay the entire cost of the premiums or contributions for the states program of group insurance for the surviving spouse or child who elects to join the states program of group insurance pursuant to subsection 2.
4. A surviving spouse is eligible to receive coverage pursuant to this section for the duration of the life of the surviving spouse. A surviving child is eligible to receive coverage pursuant to this section until the child reaches:
(a) The age of 18 years; or
(b) The age of 23 years, if the child is enrolled as a full-time student in an accredited university, college or trade school.
5. As used in this section police officer has the meaning ascribed to it in NRS 617.135.
κ1999 Statutes of Nevada, Page 2609 (Chapter 506, SB 404)κ
Sec. 4. NRS 287.040 is hereby amended to read as follows:
287.040 The provisions of NRS 287.010 to 287.040, inclusive, and section 2 of this act, do not make it compulsory upon any governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada to , except as otherwise provided in section 2 of this act, make any contributions for the payment of any premiums or other costs for group insurance or medical or hospital services, or upon any officer or employee of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of this state to accept or join any plan of group insurance or to assign his wages or salary or to authorize deductions from his wages or salary in payment of premiums therefor.
Sec. 5. NRS 287.043 is hereby amended to read as follows:
287.043 The committee on benefits shall:
1. Act as an advisory body on matters relating to group life, accident or health insurance, or any combination of these, a program to reduce taxable compensation or other forms of compensation other than deferred compensation, for the benefit of all state officers and employees and other persons who participate in the states program of group insurance.
2. Except as otherwise provided in this subsection, negotiate and contract with the governing body of any public agency enumerated in NRS 287.010 which is desirous of obtaining group insurance for its officers, employees and retired employees by participation in the states program of group insurance. The committee shall establish separate rates and coverage for those officers, employees and retired employees based on actuarial reports.
3. Give public notice in writing of proposed changes in rates or coverage to each participating public employer who may be affected by the changes. Notice must be provided at least 30 days before the effective date of the changes.
4. Purchase policies of life, accident or health insurance, or any combination of these, or a program to reduce the amount of taxable compensation pursuant to 26 U.S.C. § 125, from any company qualified to do business in this state or provide similar coverage through a plan of self-insurance for the benefit of all eligible public officers, employees and retired employees who participate in the states program.
5. Consult the state risk manager and obtain his advice in the performance of the duties set forth in this section.
6. Except as otherwise provided in this Title, develop and establish other employee benefits as necessary.
7. Adopt such regulations and perform such other duties as are necessary to carry out the provisions of NRS 287.041 to 287.049, inclusive, and sections 2 and 3 of this act, including the establishment of:
(a) Fees for applications for participation in the states program and for the late payment of premiums;
(b) Conditions for entry and reentry into the states program by public agencies enumerated in NRS 287.010; and
(c) The levels of participation in the states program required for employees of participating public agencies.
κ1999 Statutes of Nevada, Page 2610 (Chapter 506, SB 404)κ
8. Appoint an independent certified public accountant. The accountant shall provide an annual audit of the plan and report to the committee and the legislative commission.
For the purposes of this section, employee benefits includes any form of compensation provided to a state employee pursuant to this Title except federal benefits, wages earned, legal holidays, deferred compensation and benefits available pursuant to chapter 286 of NRS.
Sec. 6. NRS 287.044 is hereby amended to read as follows:
287.044 1. A part of the cost of the premiums or contributions for that group insurance, not to exceed the amount specified by law, applied to both group life and group accident or health coverage, for each public officer, except a senator or assemblyman, or employee electing to participate in the group insurance program, may be paid by the department, agency, commission or public agency which employs the officer or employee in whose behalf that part is paid from money appropriated to or authorized for that department, agency, commission or public agency for that purpose. Participation by the state in the cost of premiums or contributions must not exceed the amounts specified by law. If an officer or employee chooses to cover his dependents, whenever this option is made available by the committee on benefits, except as otherwise provided in sections 2 and 3 of this act, he must pay the difference between the amount of the premium or contribution for the coverage for himself and his dependents and the amount paid by the state.
2. A department, agency, commission or public agency shall not pay any part of those premiums if the group life insurance or group accident or health insurance is not approved by the committee on benefits.
Sec. 7. This act becomes effective upon passage and approval.
________
Senate Bill No. 401Committee on Judiciary
CHAPTER 507
AN ACT relating to courts; increasing the number of district judges in the eighth judicial district; increasing the number of those district judges who must be judges of the family court; making an appropriation; and providing other matters properly relating thereto.
[Approved June 8, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 3.018 is hereby amended to read as follows:
3.018 For the eighth judicial district there must be [27] 30 district judges, [8] 11 of whom must be judges of the family court.
Sec. 2. The additional district judges required for the eighth judicial district pursuant to section 1 of this act must be selected at the general election held on November 7, 2000, and take office on January 1, 2001. The terms of these judges expire on January 6, 2003.
κ1999 Statutes of Nevada, Page 2611 (Chapter 507, SB 401)κ
Sec. 3. 1. There is hereby appropriated from the state general fund to the district judges salary account the sum of $199,500 for the salaries of the additional district judges required pursuant to section 1 of this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 4. The provisions of subsection 1 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. 5. 1. This section and sections 2 and 4 of this act become effective on October 1, 1999.
2. Sections 1 and 3 of this act become effective on January 1, 2001.
________
Senate Bill No. 288Senator Washington
CHAPTER 508
AN ACT relating to the protection of children; authorizing certain counties that are required to provide protective services for children to enter into an agreement with the division of child and family services of the department of human resources to establish a pilot program to provide continuity of care for children who receive protective services; requiring the division to report to the legislature; and providing other matters properly relating thereto.
[Approved June 8, 1999]
Whereas, The system for providing protective services for children in this state is bifurcated, with services being provided both by county agencies and the division of child and family services of the department of human resources; and
Whereas, There are disparities between the payments made to providers of those services by the county agencies and the division; and
Whereas, Because of such disparities and because the county agencies and the division contract with different providers of foster care, the placement of a child in foster care is frequently disrupted to place the child with a different provider of foster care; and
Whereas, Frequently changing the placement of children in foster care is not in the best interests of those children; and
Whereas, On November 19, 1997, Congress enacted the Adoption and Safe Families Act of 1997, which, as a condition to the receipt of federal money, requires a plan for the permanent placement of a child in foster care to be established no later than 12 months after a child has been placed in foster care; and
Whereas, To comply with this federal law requires diligent effort on the part of the county agencies and the division from the time that a child first enters the system for providing protective services; and
κ1999 Statutes of Nevada, Page 2612 (Chapter 508, SB 288)κ
Whereas, The bifurcated system for providing protective services to children in this state does not uniformly provide the continuity in care and services that are necessary to establish a plan for the permanent placement of those children within the time frame required by federal law; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. A county that is required to provide protective services to children in that county pursuant to NRS 432B.325 may enter into an agreement with the division of child and family services of the department of human resources to establish a pilot program to provide continuity of care for children who receive protective services. A pilot program established pursuant to such an agreement may provide:
(a) For the county and the division of child and family services jointly to furnish services relating to the assessment of a child and planning for the provision of protective services to the child;
(b) For a child to be in the joint custody of the county and the division of child and family services;
(c) For continuity in the placement of a child in foster care;
(d) That the rate of payment by the county for foster care and shelter care must be equal to the rate of payment by the division of child and family services for foster care and shelter care;
(e) For continuity in the management of a case for the provision of protective services to a child; and
(f) For services designed to carry out a plan for the permanent placement of a child established pursuant to NRS 432B.590 or the Adoption and Safe Families Act of 1997, Public Law 105-89.
2. Notwithstanding any specific statute to the contrary, for the purpose of a pilot program established pursuant to an agreement entered into pursuant to this section, the division of child and family services may deviate from the rate of payment for foster care approved by the legislature.
Sec. 2. On or before November 30, 2000, the division of child and family services of the department of human resources shall submit a report to the director of the legislative counsel bureau for transmittal to the appropriate legislative committee. The report must include the following information for each agreement entered into pursuant to section 1 of this act:
1. The number of children involved in the pilot project established pursuant to the agreement;
2. A description of the services provided to those children that includes:
(a) The name of the agency that provided the services; and
(b) The costs incurred by the agency that provided the services;
3. If available, the disposition of the cases of those children; and
4. An analysis of the benefits, if any, to the children involved in the pilot project and to the families of those children.
Sec. 3. This act becomes effective on July 1, 1999, and expires by limitation on June 30, 2001.
________
κ1999 Statutes of Nevada, Page 2613κ
Senate Bill No. 283Committee on Finance
CHAPTER 509
AN ACT making an appropriation to restore the balance in the contingency fund; and providing other matters properly relating thereto.
[Approved June 8, 1999]
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 general fund to the contingency fund, created by NRS 353.266, the sum of $4,562,736 to restore the balance in the fund to approximately $8,000,000.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 280Committee on Finance
CHAPTER 510
AN ACT making an appropriation to the Department of Motor Vehicles and Public Safety for the purchase of modular furniture for the remodeled office in Carson City; and providing other matters properly relating thereto.
[Approved June 8, 1999]
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 Department of Motor Vehicles and Public Safety the sum of $1,185,476 for the purchase of modular furniture for the remodeled office in Carson City.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2001, and reverts to the state highway fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 2614κ
Senate Bill No. 236Senator McGinness
Joint Sponsor: Assemblyman Neighbors
CHAPTER 511
AN ACT making an appropriation to the Lincoln County School District for the construction of an elementary school to replace an unsafe existing school; and providing other matters properly relating thereto.
[Approved June 8, 1999]
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 Lincoln County School District the sum of $1,000,000 for the construction of an elementary school to replace a school building that has been found unsafe, structurally unsound and unsuitable for continued use as a school.
2. The appropriation made by subsection 1 is contingent upon a determination by the State Board of Examiners that:
(a) The total ad valorem tax levy upon property within the Lincoln County School District for all public purposes is not less than the maximum authorized pursuant to NRS 361.453;
(b) The taxable value of the taxable property within the Lincoln County School District is decreasing; and
(c) Based upon the written conclusions of appropriately licensed experts, the acquisition, construction or repair of school facilities is necessary to alleviate a substantial risk to the public safety.
3. On or before January 15, 2001, the Lincoln County School District shall submit to the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau a final report of expenditures of the appropriation made by subsection 1.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 2615κ
Assembly Bill No. 189Committee on Government Affairs
CHAPTER 512
AN ACT relating to the public employees retirement system; authorizing legislators who are also public employees to obtain credit for retirement under the system for periods of service in the Nevada Legislature while on leave from public employment in certain circumstances; requiring certain members of the Nevada gaming commission to participate in the system; authorizing the system to calculate the elective service of certain members as regular service under certain circumstances; amending the benefit formula in certain circumstances; authorizing a public employer to contribute to a retirement fund that is not a part of the system on behalf of certain retired employees; authorizing members to use money from various retirement plans for the purchase of service under certain circumstances; increasing certain survivor benefits; raising the amounts of certain minimum cumulative benefits; eliminating the requirement of marriage to receive benefits under certain circumstances; and providing other matters properly relating thereto.
[Approved June 8, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 286 of NRS is hereby amended by adding thereto a new section to read as follows:
Except as otherwise required as a result of NRS 286.535 or 286.537:
1. A public employee on a leave of absence to serve in the Nevada legislature may remain a contributing member of the system during the leave of absence if retirement contributions to the system are paid by the legislator at the contribution rate otherwise applicable to him as a public employee during the period in which he is on the leave of absence to serve in the Nevada legislature.
2. When a public employee on a leave of absence to serve in the Nevada legislature continues to be a contributing member of the system pursuant to subsection 1, the employee shall pay the contributions required directly to the system. The system shall ensure that the employer of the public employee who is on a leave of absence to serve in the Nevada legislature provides to the system documentation of the period during which the employee is on the leave of absence. The public employer is not required to pay the employer contribution during the leave of absence.
3. A public employee on a leave of absence to serve in the Nevada legislature may elect to have the amount deducted pursuant to NRS 218.2387 paid to the system to partially offset the contributions that the employee is required to pay to remain a member of the system.
4. A public employee who makes the election authorized pursuant to this section does not accrue any service credit for retirement under the legislators retirement system after the date of his election pursuant to this section becomes effective.
5. For the purposes of this section, compensation shall be deemed to be the salary paid for the position from which the employee is on leave.
κ1999 Statutes of Nevada, Page 2616 (Chapter 512, AB 189)κ
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 for longevity, shift differential, hazardous duty, work performed on a holiday if it does not exceed the working hours of the normal work week or pay period for that employee, holding oneself ready for duty while off duty and returning to duty after ones regular working hours.
(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 members 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 [and] , 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 [:
(a) Payment for overtime, terminal leave or secondary employment.
(b) Payment for employment which is not eligible service.
(c) Except as provided in NRS 286.477, any bonus or additional salary which is paid to an employee on account of his promise, express or implied, to retire on a specified date or within a specified period, or any bonus or additional salary paid to an employee predicated upon his eligibility to retire whether promised or not. Failure to pay a like bonus or additional salary to another employee in like circumstances who has not promised so to retire creates a rebuttable presumption that payment to the first employee was on account of his promise.] any type of payment not specifically described in subsection 2.
Sec. 3. NRS 286.293 is hereby amended to read as follows:
286.293 1. The following employees of public employers shall participate in the system:
[1.] (a) Those employed on or after July 1, 1977, in positions considered to be half time or more according to the full-time work schedule established for that public employer.
[2.] (b) Elected officials or persons appointed to elective positions who are elected or appointed after July 1, 1975, except where excluded by NRS 286.297.
[3.] (c) A member whose allowance is vested or who is contributing immediately before a legislative session who is employed on or after January 1, 1981, by either house of the legislature or by the legislative counsel bureau.
(d) A member of the Nevada gaming commission.
2. The board shall establish standards for determining what constitutes a full-time work schedule pursuant to paragraph (a) of subsection 1.
κ1999 Statutes of Nevada, Page 2617 (Chapter 512, AB 189)κ
Sec. 4. NRS 286.300 is hereby amended to read as follows:
286.300 Except as otherwise required as a result of NRS 286.537:
1. Any member of the system may purchase all previous creditable service performed with his present employing agency if that service was performed before the enrollment of his agency in the system, even if the service is still creditable in some other system where it cannot be canceled. The public employer must certify the inclusive dates of employment and number of hours regularly worked by the member to validate the service. The member must pay the full actuarial cost as determined by the actuary.
2. In addition to the purchase authorized pursuant to the provisions of subsection 1, any member who has 5 years of creditable service may purchase up to 5 years of service. The member must pay the full actuarial cost of the service as determined by an actuary of the system.
3. In addition to the purchase authorized pursuant to the provisions of subsection 1, any member who:
(a) Is a licensed teacher;
(b) Has 5 years of creditable service;
(c) Is, pursuant to statute, regulation or contract, entitled to payment for unused sick leave; and
(d) Is employed by the board of trustees of a school district that has, pursuant to subsection 5 of NRS 391.180, provided for the payment of unused sick leave in the form of purchase of service,
may cause to be purchased on his behalf service credit, not to exceed the number of hours of unused sick leave or 1 year, whichever is less. The full actuarial cost of the service as determined by an actuary of the system must be paid for such a purchase. Any service credit purchased pursuant to this subsection must be included as a part of, and is not in addition to, service purchased pursuant to subsection 2.
4. Any member of the system may use:
(a) All or any portion of the balance of the members interest in a qualified trust pursuant to section 401(a) of the Internal Revenue Code, 26 U.S.C. § 401(a); or
(b) The money contained in an individual retirement account or an individual retirement annuity of a member, the entire amount of which is:
(1) Attributable to a qualified distribution from a qualified trust pursuant to section 401(a) of the Internal Revenue Code, 26 U.S.C. § 401(a); and
(2) Qualified as an eligible rollover distribution pursuant to section 402 of the Internal Revenue Code, 26 U.S.C. § 402,
to purchase creditable service pursuant to subsection 1 or 2.
Sec. 5. NRS 286.470 is hereby amended to read as follows:
286.470 1. Except as otherwise required as a result of NRS 286.535 or 286.537, or as otherwise provided in subsection 3, average compensation for service performed as a county commissioner, councilman or mayor must be calculated as follows for those members whose effective date of retirement is after May 19, 1975:
(a) Service retirement allowance for elective service must be computed on the basis of the highest 36 consecutive months of elective service multiplied by the percentage of average compensation earned during such service.
κ1999 Statutes of Nevada, Page 2618 (Chapter 512, AB 189)κ
(b) Service retirement allowance for regular service must be computed on the basis of the highest 36 consecutive months of regular service multiplied by the percentage of average compensation earned during such service.
(c) The service retirement allowances for elective service and for regular service are added together to provide the total unmodified service retirement allowance earned by the member.
(d) Average compensation for service before July 1, 1977, is computed from the sum of both salaries when a member is employed simultaneously as a regular member and as a county commissioner, councilman or mayor.
2. A member who has service as a county commissioner, councilman or mayor may, upon retirement, waive such service and have his allowances computed as a regular member.
3. If a member who has service as a county commissioner, councilman or mayor has an average salary for the entire period of elective service that is equal to or greater than the average salary of a member for regular service for the same period, the calculations required pursuant to subsection 1 do not apply and the member must receive credit for regular service.
Sec. 6. NRS 286.481 is hereby amended to read as follows:
286.481 A member shall not be credited with service for:
1. [Leave] Except as otherwise provided in section 1 of this act, leave of absence without pay;
2. Overtime work;
3. Employment in a position which does not qualify him for participation in the system;
4. More than 1 day within a day, 1 month within a month, or 1 year of service in any 12‑month period; or
5. Any period for which compensation is not received by the member unless specifically otherwise provided in this chapter.
Sec. 7. NRS 286.501 is hereby amended to read as follows:
286.501 Each member who is employed by a school district for less than 12 months per school year and each member of the professional staff of the University and Community College System of Nevada employed for the academic year who is employed for less than 12 months per fiscal year is credited with service as follows:
1. Service is credited on the basis of a full year if the member works full time for the full school year.
2. Employment for a part of a school year is credited on a ratio of one and one-third days for each day worked, but credit may not be given in advance or until the appropriate period has expired.
3. A full year of service is not credited until the full 12‑month period has expired. If the employee begins work under a new contract before the expiration of the 12‑month period for the old contract, credit must be granted for the period of overlap, as certified by the school district, at the first period in which there is a lapse in service.
4. Service credit under this section must be computed according to:
(a) The school year [extending from September 1 to August 31] for school district employees.
κ1999 Statutes of Nevada, Page 2619 (Chapter 512, AB 189)κ
(b) The fiscal year for members of the professional staff of the University and Community College System of Nevada.
5. A member receives full credit while on sabbatical leave if the public employer certifies that the compensation and contributions reported for the member are the same as if he were employed full time. If the employer does not so certify, the member receives credit in the proportion that his actual compensation bears to his previous compensation.
No member may receive less credit under this section than was provided under the law in force when the credit was earned.
Sec. 8. NRS 286.520 is hereby amended to read as follows:
286.520 1. Except as otherwise provided in subsections 4, 5 and 6 and NRS 286.525, the consequences of the employment of a retired employee are:
(a) A retired employee who accepts employment or an independent contract with a public employer under this system is disqualified from receiving any allowances under this system for the duration of that employment or contract if:
(1) He accepted the employment or contract within 90 calendar days after the effective date of his retirement; or
(2) He is employed in a position which is eligible to participate in this system.
(b) If a retired employee accepts employment or an independent contract with a public employer under this system more than 90 calendar days after the effective date of his retirement in a position which is not eligible to participate in this system his allowance under this system terminates upon his earning an amount equal to one-half of the average salary for participating public employees who are not police officers or firemen in any fiscal year, for the duration of that employment or contract.
(c) If a retired employee accepts employment with an employer who is not a public employer under this system, the employee is entitled to the same allowances as a retired employee who has no employment.
2. The retired employee and the public employer shall notify the system:
(a) Within 10 days after the first day of an employment or contract governed by paragraph (a);
(b) Within 30 days after the first day of an employment or contract governed by paragraph (b); and
(c) Within 10 days after a retired employee earns more than one-half of the average salary for participating public employees who are not police officers or firemen in any fiscal year from an employment or contract governed by paragraph (b),
of subsection 1.
3. For the purposes of this section, the average salary for participating public employees who are not police officers or firemen must be computed on the basis of the most recent actuarial valuation of the system.
4. If a retired employee is chosen by election or appointment to fill an elective public office, he is entitled to the same allowances as a retired employee who has no employment, unless he is serving in the same office in which he served and for which he received service credit as a member. A public employer may pay contributions on behalf of such a retired employee to a retirement fund which is not a part of the system in an amount not to exceed the amount of the contributions that the public employer would pay to the system on behalf of a participating public employee who serves in the same office.
κ1999 Statutes of Nevada, Page 2620 (Chapter 512, AB 189)κ
employee to a retirement fund which is not a part of the system in an amount not to exceed the amount of the contributions that the public employer would pay to the system on behalf of a participating public employee who serves in the same office.
5. The system may waive for one period of 30 days or less a retired employees disqualification under this section if the public employer certifies in writing, in advance, that the retired employee is recalled to meet an emergency and that no other qualified person is immediately available.
6. A person who accepts employment or an independent contract with either house of the legislature or by the legislative counsel bureau is exempt from the provisions of subsections 1 and 2 for the duration of that employment or contract.
Sec. 9. NRS 286.525 is hereby amended to read as follows:
286.525 1. A retired employee who accepts employment in a position whose occupant is thereby eligible for membership may enroll in the system as of the effective date of that employment. [If he so enrolls:] As of the date of enrollment:
(a) He forfeits all retirement allowances for the duration of that employment.
(b) [Upon termination of the employment, he] He is entitled to receive, after the termination of the employment and upon written request, a refund of all contributions made by him during the employment. Except as otherwise required as a result of NRS 286.535 or 286.537, if he does not request the refund and the duration of the employment was at least 6 months, he gains additional service credit for that employment and is entitled to have a separate service retirement allowance calculated based on his compensation and service, effective upon the termination of that employment. If the duration of the employment was:
(1) Less than 5 years, the additional allowance must be added to his original allowance and must be under the same option and designate the same beneficiary as the original allowance.
(2) Five years or more, the additional allowance may be under any option and designate any beneficiary in accordance with NRS 286.545.
2. The original service retirement allowance of such a retired employee must not be recalculated based upon the additional service credit, nor is he entitled to any of the rights of membership that were not in effect at the time of his original retirement. The accrual of service credit pursuant to this section is subject to the limits imposed by:
(a) NRS 286.551; and
(b) Section 415 of the Internal Revenue Code , [(] 26 U.S.C. § 415 , [),] if the members effective date of membership is on or after January 1, 1990.
3. Except as otherwise required as a result of NRS 286.470, 286.535 or 286.537, a retired employee who has been receiving a retirement allowance and who is reemployed and [enrolls] is enrolled in the system for at least 5 years may [elect to return all retirement allowances plus interest from the date of return to employment to the date of repayment and] have his additional credit for service added to his previous credit for service. [If he chooses to do so, he shall be deemed a continuing employee with a break in service. This election] This additional credit for service must not apply to more than one period of employment after the original retirement.
κ1999 Statutes of Nevada, Page 2621 (Chapter 512, AB 189)κ
election] This additional credit for service must not apply to more than one period of employment after the original retirement.
4. The survivor of a deceased member who had previously retired and was rehired and enrolled in the system, who qualifies for benefits pursuant to NRS 286.671 to 286.6793, inclusive, is eligible for the benefits based on the service accrued through the second period of employment . [if the member elected to receive his service retirement allowance without modification.]
Sec. 10. NRS 286.667 is hereby amended to read as follows:
286.667 1. A retired employee whose service or disability retirement allowance is payable from the police and firemens retirement fund is entitled to receive his allowance without modification.
2. Upon the death of such a person, a person who was his spouse [both] at the time of his retirement [and the time of his death] is entitled, upon attaining the age of 50 years, to receive a benefit equal to 50 percent of the allowance to which the retired employee was entitled.
3. This section does not apply to a person who:
(a) Begins receiving a service or disability retirement allowance or a benefit from the police and firemens retirement fund before July 1, 1981.
(b) At the time of his retirement, elects one of the alternatives to an unmodified retirement allowance.
4. Service performed after July 1, 1981, in positions other than as a police officer or fireman, except military service, may not be credited toward the benefit conferred by this section. A police officer or fireman who has performed service which is not creditable toward this benefit may elect to:
(a) Select a retirement option other than one permitted by this section;
(b) Receive the benefit conferred by this section [,] with a spouses benefit reduced by a proportion equal to that which the service which is not creditable bears to his total service; or
(c) Purchase the additional spouses benefit at the time he retires by paying the full actuarial cost as computed for his situation by the actuary of the system.
5. The entire cost of the benefit conferred by this section must be paid by the employee. Each employer must adjust the salaries of its employees who are eligible for the benefit to offset its cost to the employer. Employers who adjust salaries pursuant to this subsection do not by doing so violate any collective bargaining agreement or other contract.
Sec. 11. NRS 286.673 is hereby amended to read as follows:
286.673 1. Except as limited by NRS 286.6775, each child of a deceased member is entitled to receive a cumulative benefit of at least [$350] $400 per month, beginning on the first day of the month following the members death.
2. Except as otherwise provided in subsections 3 and 4, payments to any child cease on the last day of the month of:
(a) His adoption;
(b) His death;
(c) His marriage; or
(d) His attaining the age of 18 years.
κ1999 Statutes of Nevada, Page 2622 (Chapter 512, AB 189)κ
3. These benefits may be paid to the child of a deceased member until the last day of the month of his 23rd birthday if he was, at the time of the members death, and continues thereafter to be, a full-time student in any accredited:
(a) High school;
(b) Vocational or technical school; or
(c) College or university.
4. These benefits may be commenced or extended indefinitely beyond a childs 18th birthday if and so long as he is determined by the system to be:
(a) Financially dependent; and
(b) Physically or mentally incompetent.
5. All benefits under this section may be paid by the system to the childs:
(a) Surviving parent; or
(b) Legal guardian.
6. The board shall establish uniform standards and procedures for determining whether a child is:
(a) A full-time student;
(b) Financially dependent; and
(c) Physically or mentally incompetent.
Sec. 12. NRS 286.674 is hereby amended to read as follows:
286.674 1. The spouse of a deceased member is entitled to receive a cumulative benefit of at least [$400] $450 per month. The payments must begin on the first day of the month immediately following the death of the member and must cease on the last day of the month in which the spouse dies . [or remarries.] If payments cease before the total amount of contributions made by the deceased member have been received by the spouse, the surplus of contributions over payments received must be paid to the spouse.
2. The benefits paid pursuant to this section are in addition to any benefits paid pursuant to NRS 286.673.
Sec. 13. NRS 286.676 is hereby amended to read as follows:
286.676 1. Except as limited by subsections 3 and 4, the spouse of a deceased member who had 10 or more years of accredited contributing service is entitled to receive a monthly allowance equivalent to that provided by:
(a) Option 3 in NRS 286.590, if the deceased member had less than [20] 15 years of service on the date of his death; or
(b) Option 2 in NRS 286.590, if the deceased member had more than [20] 15 years of service on the date of his death.
[For purposes of applying] To apply the provisions of Options 2 and 3, the deceased member shall be deemed to have retired on the date of his death immediately after having named the spouse as beneficiary under the applicable option. This benefit must be computed without any reduction for age for the deceased member. The benefits provided by this subsection must be paid to the spouse for the remainder of the spouses life.
2. The spouse may elect to receive the benefits provided by any one of the following only:
(a) This section;
(b) NRS 286.674; or
κ1999 Statutes of Nevada, Page 2623 (Chapter 512, AB 189)κ
(c) NRS 286.678.
3. The benefit payable to the spouse of a member who died before May 19, 1975, is limited to a spouse who received at least 50 percent of his support from the member during the 6 months immediately preceding the members death and to the amounts provided in this subsection. [If, at the time of his death, the member had 15 or more years of service, his spouse, upon attaining the age of 60 years, may receive a cumulative benefit of at least $400 per month or 50 percent of the average salary received by the deceased member for the 3 consecutive highest salaried years of his last 10 years of service, whichever is less.] If, at the time of his death, the member had [20] 15 or more years of service and did not elect an optional retirement plan as offered in this chapter, his spouse, upon attaining the age of 60 years, may receive a cumulative benefit of at least [$400] $450 per month or 50 percent of the average salary received by the member for the 3 consecutive highest salaried years of his last 10 years of service, whichever is less. Payments, or the right to receive payments, must cease upon the death [or remarriage] of the spouse. Benefits under this section are not renewable following termination.
4. The benefits provided by paragraph (a) of subsection 1 may only be paid to the spouses of members who died on or after May 19, 1975.
Sec. 14. NRS 286.677 is hereby amended to read as follows:
286.677 If payments or
refunds are not made under the provisions of NRS 286.673, 286.674 or 286.676 , the dependent parent of
a deceased member is entitled to receive a cumulative benefit of at least [$350] $400 per month, and if
there are two dependent parents each is entitled to receive a cumulative
benefit of at least [$350] $400 per month. Payments to any parent under
this section must cease upon the death [or remarriage] of that parent.
Sec. 15. NRS 218.2379 is hereby amended to read as follows:
218.2379 1. Within a reasonable time after July 1, 1967, the board shall notify all incumbent legislators in writing concerning credit for service, other than legislative service, covered under the public employees retirement system. Unless the legislator requests in writing within 30 days after receipt of such written notice that his service, other than legislative service, be continued under the public employees retirement system, the board shall transfer from the public employees retirement fund all sums contributed by the legislator through service, other than legislative service, together with the sums contributed by his employer for such service. The service so transferred shall be accredited under the legislators retirement system as if performed in a legislative capacity. Service so transferred may be retransferred to the public employees retirement system, and the related contributions shall then be returned to the public employees retirement fund, at any time when the person ceases to be a legislator and reestablishes membership in the public employees retirement system.
2. Except as otherwise provided in section 1 of this act or for the transfer of service from the public employees retirement system to the legislators retirement system, as provided in this section, service after July 1, 1967, as a legislator cannot be accredited under the public employees retirement system and service in capacities covered by the public employees retirement system cannot be accredited under the legislators retirement system.
κ1999 Statutes of Nevada, Page 2624 (Chapter 512, AB 189)κ
retirement system cannot be accredited under the legislators retirement system.
3. Nothing in NRS 218.2371 to 218.2395, inclusive, or in any other law prevents or prohibits coverage of a person under both the public employees retirement system and the legislators retirement system when service is compatible with the provisions of each system.
4. Legislators receiving retirement allowances from the public employees retirement system on July 1, 1967, are not eligible for transfer to the legislators retirement system.
Sec. 16. NRS 218.2381 is hereby amended to read as follows:
218.2381 1. Except as otherwise provided in section 1 of this act or required as a result of NRS 218.23815, each legislator shall be a member of the legislators retirement system and shall make contributions to the legislators retirement fund in the amounts and manner provided in NRS 218.2371 to 218.2395, inclusive.
2. Within 5 days after the commencement of each regular or special session of the legislature each legislator who has not previously filed a beneficiary designation form with the board shall file with the board, upon a form provided by the board, the designation of a beneficiary who is entitled to receive the contributions of the legislator in case of death before retirement or termination of services as a legislator and subsequent withdrawal of contributions. If no beneficiary is designated, payment must be made to the estate of the deceased legislator. Payment may be made directly to the designated beneficiary without probate or administration of the estate of the deceased legislator.
3. A beneficiary may be changed at any time by written notice given by a legislator to the board on a form prescribed by the board.
Sec. 17. NRS 218.2387 is hereby amended to read as follows:
218.2387 [The] Except as otherwise provided in section 1 of this act, the director of the legislative counsel bureau shall:
1. Deduct from the compensation of each legislator an amount equal to 15 percent of the gross compensation earned as a legislator and transmit that amount to the board together with the necessary forms prescribed by the board at intervals designated by the board; and
2. Pay to the board from the legislative fund an amount as the contribution of the State of Nevada as employer which is actuarially determined to be sufficient to provide the system with enough money to pay all benefits for which the system will be liable.
Sec. 18. 1. In addition to the election authorized pursuant to section 1 of this act, a legislator who is also a member of the public employees retirement system may elect to waive any service credit that he has accrued for retirement under the legislators retirement system while on leave as a public employee and take that service credit as credit in the public employees retirement system.
2. A legislator who makes the election authorized pursuant to subsection 1 shall pay to the public employees retirement system the contributions applicable to the periods in which he was on a leave of absence as a public employee, plus interest accrued, for each period to be credited.
κ1999 Statutes of Nevada, Page 2625 (Chapter 512, AB 189)κ
3. An election pursuant to subsection 1 must be made on or before December 31, 1999.
Sec. 19. Notwithstanding the provisions of NRS 286.293, as amended by section 3 of this act, any member of the Nevada gaming commission who is appointed to the commission before July 1, 1999, may elect to participate in the public employees retirement system on or before July 30, 1999. Such a member may not elect to become a member of the public employees retirement system after July 30, 1999.
Sec. 20. The provisions of NRS 286.667, as amended by section 10 of this act, apply to any person who is receiving benefits pursuant to that section on July 1, 1999.
Sec. 21. 1. This section and sections 1, 2, 3 and 5 to 20, inclusive, of this act become effective on July 1, 1999.
2. Section 4 of this act becomes effective on July 1, 2000.
________
Assembly Bill No. 220Assemblymen Perkins, Dini, Segerblom, Goldwater, Thomas, Gibbons, Cegavske, Lee, Neighbors, Berman, Bache, Price, Ohrenschall, Manendo, Parks, Anderson, Hettrick, Beers, Nolan, Mortenson, Claborn, Chowning, Humke, McClain and Williams
Joint Sponsors: Senators Porter, Wiener, Care, James, OConnell, Amodei, Carlton, Neal, ODonnell, Raggio, Rawson, Rhoads, Schneider, Shaffer and Townsend
CHAPTER 513
AN ACT relating to higher education; creating an advisory committee to examine the issue of locating a new 4-year state college in Henderson, Nevada; making an appropriation to the advisory committee for a needs assessment and implementation plan for a 4-year state college in Henderson, Nevada; and providing other matters properly relating thereto.
[Approved June 8, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby created an advisory committee to examine the issue of locating a new 4-year state college in Henderson, Nevada. The advisory committee consists of five members appointed as follows:
(a) One member appointed by the Governor.
(b) One member appointed by the Majority Leader of the Senate.
(c) One member appointed by the Speaker of the Assembly.
(d) Two members appointed by the Board of Regents of the University of Nevada.
2. The term of each member of the advisory committee commences on August 1, 1999, and expires on July 1, 2001.
κ1999 Statutes of Nevada, Page 2626 (Chapter 513, AB 220)κ
3. Members of the advisory committee serve without compensation, except that while engaged in the business of the advisory committee, each member is entitled to the per diem allowance and travel expenses provided for state officers and employees generally, to be paid from the legislative fund.
4. The advisory committee shall meet at least once every 6 months.
5. A vacancy in the membership of the advisory committee must be filled in the same manner as the original appointment.
Sec. 2. There is hereby appropriated from the state general fund to the advisory committee created pursuant to section 1 of this act the sum of $500,000 for completion of a needs assessment and implementation plan for a 4-year state college in Henderson, Nevada.
Sec. 3. On or before September 1, 2000, the advisory committee created pursuant to section 1 of this act shall submit a report of its findings and recommendations relating to the needs assessment and implementation plan to:
1. The Director of the Legislative Counsel Bureau for transmittal to the 71st session of the Nevada Legislature; and
2. The Director of the Department of Administration.
Sec. 4. Any remaining balance of the appropriation made by section 2 of this act must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 5. This act becomes effective upon passage and approval.
________
Assembly Bill No. 285Committee on Natural Resources, Agriculture, and Mining
CHAPTER 514
AN ACT relating to the Lake Tahoe Basin; requiring the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources to coordinate the development and implementation of a program for the protection of the Lake Tahoe Basin; authorizing the issuance of general obligation bonds and providing for legislative appropriations to carry out the program; creating the fund to protect the Lake Tahoe Basin; authorizing the Administrator of the Division of State Lands to issue grants to carry out the program; and providing other matters properly relating thereto.
[Approved June 8, 1999]
Whereas, In 1997, the Federal Government, the States of Nevada and California, the Tahoe Regional Planning Agency, local governments of the States of Nevada and California and many other interested parties held a series of meetings which are referred to collectively as the Presidential Forum; and
Whereas, The meetings culminated in July 1997, with visits to Lake Tahoe from the President and Vice President of the United States and with the release of a Presidential Executive Order to protect the unique and irreplaceable natural, recreational and ecological resources in the Lake Tahoe Basin; and
κ1999 Statutes of Nevada, Page 2627 (Chapter 514, AB 285)κ
Whereas, In October 1997, Governor Bob Miller, on behalf of the State of Nevada, signed a Memorandum of Agreement between the Federal Interagency Partnership on the Lake Tahoe Ecosystem, the States of Nevada and California, the Washoe Tribe, the Tahoe Regional Planning Agency and interested local governments, in which the parties affirmed their commitment to the Tahoe Regional Planning Compact, to the sound management and protection of the resources within the Lake Tahoe Basin and the support of a healthy, sustainable economy and to achieve environmental thresholds for Lake Tahoe, and agreed to cooperate to carry out, including, without limitation, providing money for, the Environmental Improvement Program; and
Whereas, The costs of carrying out the Environmental Improvement Program have been apportioned between the Federal Government, the States of Nevada and California, local governments and private property owners within both states; and
Whereas, The cost of carrying out the Environmental Improvement Program apportioned to the State of Nevada and its political subdivisions is $82,000,000 for a period of 10 years, commencing with fiscal year 1997-98 and ending in fiscal year 2006-07; and
Whereas, The State of Nevada and its political subdivisions have already raised approximately $25,600,000 to meet their commitment, which includes $20,000,000 from bonds issued to carry out projects for the control of erosion and the restoration of natural watercourses in the Lake Tahoe Basin, which were approved by the voters of this state in 1996; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources in cooperation with other state agencies, shall coordinate the development and implementation of a program of environmental improvement projects for:
(a) The protection and enhancement of the quality of the air and water;
(b) The protection and restoration of natural watercourses, wetlands, wildlife habitat, fisheries, vegetation and forests;
(c) Prevention and control of erosion; and
(d) Enhancement of recreational and tourism opportunities,
in the Lake Tahoe Basin.
2. Money to carry out the program in an amount not to exceed $3,200,000 must be provided for the period between the fiscal year beginning on July 1, 1999 and the fiscal year ending on June 30, 2001, by the issuance by the State Board of Finance of general obligation bonds of the State of Nevada in a total face amount of not more than $3,200,000 pursuant to NRS 349.150 to 349.364, inclusive. The proceeds of the bonds issued pursuant to this subsection must be deposited in the fund to protect the Lake Tahoe Basin created pursuant to section 2 of this act and, except as otherwise provided in this subsection, must be used as follows:
(a) Sand Harbor Visitor/Administrative Center BMPs $1,000,000
(b) North Canyon Hiking Trail 15,000
(c) Sand Harbor Erosion Control 100,000
κ1999 Statutes of Nevada, Page 2628 (Chapter 514, AB 285)κ
(d) Upland Wildlife Habitat Enhancement................................ $66,000
(e) North Canyon Old Growth Habitat Restoration................. 130,000
(f) Forest Restoration - Phase I................................................. 1,500,000
(g) Sand Harbor-Memorial Point Trail.......................................... 56,000
(h) Hidden Beach Rehabilitation, BMPs.................................... 106,000
(i) Sugar Pine Old Growth Habitat Restoration............................ 75,000
(j) Project contingency................................................................... 152,000
If an amount authorized pursuant to this subsection is insufficient to allow the completion of the project for which it is authorized, the Interim Finance Committee, upon the request of the Division of State Lands of the State Department of Conservation and Natural Resources, may increase the amount authorized for the project and offset the increase by reducing the amount authorized for another project or projects pursuant to this subsection by the amount of the increase. The Division of State Lands may use money authorized pursuant to this subsection for a project other than a project listed in this subsection if the Interim Finance Committee approves such a use in writing before the Division engages in the project. The Division of State Lands may allocate money pursuant to paragraph (j) without the prior approval of the Interim Finance Committee.
3. Money to carry out the program in an amount not to exceed $53,200,000 must be provided for the period between the fiscal year beginning on July 1, 2001, and the fiscal year ending on June 30, 2007, by the issuance by the State Board of Finance of general obligation bonds of the State of Nevada in a total face amount of not more than $53,200,000. With the prior approval of the Legislature or the Interim Finance Committee, the bonds may be issued from time to time pursuant to a schedule established by the Administrator of the Division of State Lands. The provisions of NRS 349.150 to 349.364, inclusive, apply to the issuance of bonds pursuant to this subsection.
4. The amount of bonds authorized by subsection 3 must be reduced by the amount of any money appropriated by the Legislature for the same purpose upon certification by the Administrator of the Division of State Lands of the amount of each such appropriation to the State Board of Finance. The Administrator of the Division of State Lands shall submit a request to the Legislature each biennium, as necessary, for an appropriation for the program.
5. The Administrator of the Division of State Lands may adopt such regulations as are necessary to carry out the program.
Sec. 2. 1. The fund to protect the Lake Tahoe Basin is hereby created in the state general fund. The Administrator of the Division of State Lands shall administer the fund.
2. All money that is collected for the use of the program established pursuant to section 1 of this act, including, without limitation, an appropriation made by the Legislature and the proceeds of any bonds issued pursuant to section 1 of this act, after deducting any applicable charges, must be deposited in the fund.
κ1999 Statutes of Nevada, Page 2629 (Chapter 514, AB 285)κ
3. Any interest or income earned on the money in the fund must be credited to the fund. Any money remaining in the fund at the end of the fiscal year does not lapse to the state general fund but must be carried over into the next fiscal year.
4. All claims against the fund must be paid as other claims against the state are paid.
5. The Administrator of the Division of State Lands may use the proceeds from any bonds issued pursuant to section 1 of this act or may request an appropriation to defray the costs of administering the program if the money in the fund is not sufficient.
6. The Administrator of the Division of State Lands shall report semiannually to the Interim Finance Committee concerning the establishment and administration of the program and the expenditure of money from the fund for the program.
Sec. 3. The Administrator of the Division of State Lands may issue grants to state agencies and local governments to carry out the program established pursuant to section 1 of this act. The Administrator shall adopt such regulations as are necessary for awarding the grants. The regulations must:
1. Set forth the procedure for applying for a grant;
2. Set forth the criteria that will be considered in awarding a grant; and
3. State whether and the extent to which an applicant must match any money awarded.
Sec. 4. The Legislature finds and declares that the issuance of securities and the incurrence of indebtedness pursuant to this act:
1. Are necessary for the protection and preservation of the natural resources of this state and for the purpose of obtaining the benefits thereof; and
2. Constitute an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the Constitution of the State of Nevada.
Sec. 5. This act becomes effective on July 1, 1999.
________
κ1999 Statutes of Nevada, Page 2630κ
Assembly Bill No. 380Committee on Natural Resources, Agriculture, and Mining
CHAPTER 515
AN ACT relating to water; revising the provisions establishing the priority of certain water rights; providing that certain evidence may be considered to show whether a water right has been abandoned; declaring that certain water rights are not subject to a determination of abandonment; clarifying the circumstances under which water becomes appurtenant to land; providing that certain surface water rights are not subject to forfeiture for failure to use water pursuant to that right within a certain period; establishing the Newlands Project Water Rights Fund and a related program for the acquisition of certain surface water rights; making an appropriation; and providing other matters properly relating thereto.
[Approved June 8, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 533 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The priority of a water right acquired by a person for use in a federal reclamation project is determined according to the date on which the United States appropriated water for initiation of the project. Notwithstanding the fact that the water right so appropriated and acquired may ultimately vest in the name of the person at a later date, all such water rights so acquired are governed by the applicable law of this state in effect on the date on which the United States appropriated water for initiation of the project, unless the water rights vested under the law in this state before the time the United States first appropriated or otherwise acquired the water for initiation of the project. If the water right vested under the law in this state before appropriation or acquisition by the United States, the date of initiation of the water right is determined according to the date on which the water was first diverted under that appropriation or acquisition by the United States.
2. No water rights, in addition to those allocated under applicable court decrees, are granted, stated or implied by the determination of the date of priority pursuant to subsection 1.
Sec. 2. NRS 533.040 is hereby amended to read as follows:
533.040 [All]
1. Except as otherwise provided in this section, any water used in this state for beneficial purposes shall be deemed to remain appurtenant to the place of use . [; provided:
1. That if for any reason it should]
2. If at any time [become] it is impracticable to use water beneficially or economically at the place to which it is appurtenant, the right may be severed from [such] the place of use and be simultaneously transferred and become appurtenant to [other place or places] another place of use, in the manner provided in this chapter, [and not otherwise,] without losing priority of right . [heretofore established; and
2. That the]
κ1999 Statutes of Nevada, Page 2631 (Chapter 515, AB 380)κ
3. The provisions of this section [shall] do not apply [in cases of] to a ditch or canal [companies which have appropriated] company that appropriates water for diversion and transmission to the lands of private persons [at] for an annual charge.
4. For the purposes of this section, a surface water right acquired by a water user in a federal reclamation project may be considered appurtenant to an entire farm, instead of specifically identifiable land within that farm, upon the granting of a permit for the change of place of use by the state engineer which designates the place of use as the entire farm. The quantity of water available for use on that farm must not exceed the total amount determined by applicable decrees as designated in the permit granted by the state engineer.
5. As used in this section, farm means a tract of land under the same ownership that is primarily used for agricultural purposes.
Sec. 3. NRS 533.060 is hereby amended to read as follows:
533.060 1. Rights to the use of water [shall] must be limited and restricted to [so much thereof] as much as may be necessary, when reasonably and economically used for irrigation and other beneficial purposes, irrespective of the carrying capacity of the ditch. [All the] The balance of the water not so appropriated [shall] must be allowed to flow in the natural stream from which [such] the ditch draws its supply of water, and [shall] must not be considered as having been appropriated thereby.
2. [Except as
otherwise provided in subsection 4, if the owner or owners of any such ditch,
canal, reservoir, or any other means of diverting any of the public water fail
to use the water therefrom or thereby for beneficial purposes for which the
right of use exists during any 5 successive years, the right to so use shall be
deemed as having been abandoned, and any such owner or owners thereupon forfeit
all water rights, easements and privileges appurtenant thereto theretofore
acquired, and all the water so formerly appropriated by such owner or owners
and their predecessors in interest may be again appropriated for beneficial use
the same as if such ditch, canal, reservoir or other means of diversion had
never been constructed, and any qualified person may appropriate any such water
for beneficial use.
3. No] Rights to the use of surface water shall not be deemed to be lost or otherwise forfeited for the failure to use the water therefrom for a beneficial purpose.
3. A surface water right that is appurtenant to land formerly used primarily for agricultural purposes is not subject to a determination of abandonment if the surface water right:
(a) Is appurtenant to land that has been converted to urban use; or
(b) Has been dedicated to or acquired by a water purveyor, public utility or public body for municipal use.
4. In a determination of whether a right to use surface water has been abandoned, a presumption that the right to use the surface water has not been abandoned is created upon the submission of records, photographs, receipts, contracts, affidavits or any other proof of the occurrence of any of the following events or actions within a 10-year period immediately preceding any claim that the right to use the water has been abandoned:
(a) The delivery of water;
κ1999 Statutes of Nevada, Page 2632 (Chapter 515, AB 380)κ
(b) The payment of any costs of maintenance and other operational costs incurred in delivering the water;
(c) The payment of any costs for capital improvements, including works of diversion and irrigation; or
(d) The actual performance of maintenance related to the delivery of the water.
5. A prescriptive right to the use of [such] the water or any of the public water appropriated or unappropriated [can] may not be acquired by [adverse user or] adverse possession . [for any period of time whatsoever, but any] Any such right to appropriate any of [such water shall] the water must be initiated by [first making application] applying to the state engineer for a permit to appropriate the [same] water as provided in this chapter . [and not otherwise.]
[4.] 6. The State of Nevada reserves for its own present and future use all rights to the use and diversion of water acquired pursuant to chapter 462, Statutes of Nevada 1963, or otherwise existing within the watersheds of Marlette Lake, Franktown Creek and Hobart Creek and not lawfully appropriated on April 26, 1963, by any person other than the Marlette Lake Company. [No such right may] Such a right must not be appropriated by any person without the express consent of the legislature.
Sec. 4. 1. There is hereby appropriated from the state general fund to the Newlands Project Water Rights Fund, created by section 5 of this act, the sum of $3,300,000 as the states contribution to the fund for the protection and preservation of the natural resources of this state. All interest generated from this appropriation accrues to the benefit of the Newlands Project Water Rights Fund.
2. The Carson Water Subconservancy District shall not commit for expenditure any amount of the appropriation made by subsection 1 until the District determines that:
(a) There is and will continue to be substantial compliance with the Joint Testimony of Truckee-Carson Irrigation District, Pyramid Lake Paiute Tribe of Indians, City of Fallon, Churchill County and Sierra Pacific Power Company, dated by the parties thereto on May 6, 1999, and submitted to a hearing of the Senate Standing Committee on Finance on May 24, 1999; and
(b) The City of Fallon and Churchill County have withdrawn all administrative protests and have sought to dismiss all legal actions initiated by the city and county, respectively, relating to applications for changes in the point of diversion, place of use or manner of use of water rights pending before the State Engineer on the effective date of this act as required by that joint testimony.
3. The Carson Water Subconservancy District shall not commit for expenditure during the next biennium more than $1,600,000 of the appropriation made by subsection 1.
4. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2004, and reverts to the state general fund as soon as all payments of money committed have been made.
κ1999 Statutes of Nevada, Page 2633 (Chapter 515, AB 380)κ
Sec. 5. 1. The legislature hereby finds and declares that a general law cannot be made applicable to the purposes, objects, powers, rights, privileges, liabilities and duties provided in this section because of the number of atypical factors and special conditions relating thereto.
2. The Newlands Project Water Rights Fund is hereby established to be administered by the Carson Water Subconservancy District. The money in the fund may only be used:
(a) For the support of the program established pursuant to subsection 4; and
(b) To provide for the payment of an amount to offset revenue from operation and maintenance charges lost as a result of water rights retired and abandoned pursuant to the program.
3. The District may accept gifts and grants for deposit in the Fund and shall make every effort to secure money for the Fund from:
(a) The Federal Government;
(b) The State of Nevada;
(c) Sierra Pacific Power Company or its affiliates;
(d) Carson Water Subconservancy District;
(e) Carson-Truckee Water Conservancy District; and
(f) Any other interested parties.
4. The Carson Water Subconservancy District shall establish a program for the acquisition of surface water rights to assist in the resolution of legal and administrative challenges in existence on April 1, 1999, regarding water rights for the Newlands Reclamation Project. The District shall:
(a) Adopt criteria for the administration of the program, including, without limitation, criteria to determine the fair market value of the water rights to be acquired;
(b) Acquire surface water rights appurtenant to not more than 6,500 acres of land in the Newlands Reclamation Project at an amount not to exceed the fair market value of the water rights;
(c) Acquire these water rights from willing sellers with the execution of a suitable binding contract for sale in which the seller acknowledges that, upon completion of the sale:
(1) His right to the water sold is retired and deemed abandoned; and
(2) He waives any right to claim further compensation for the water rights so acquired by the District;
(d) Retain reasonable fees for the administration or operation of the program;
(e) To the extent that legal and administrative challenges in existence on April 1, 1999, result in a final determination that all or any portion of a surface water right appurtenant to land in the Newlands Reclamation Project has been forfeited or abandoned:
(1) Pay to the party who procured that final determination an amount equal to the amount that would have been paid to acquire the water right pursuant to the program; and
(2) Consider the forfeited or abandoned water right as having been acquired pursuant to the program; and
(f) Complete an annual report on the program and make it available for public review.
κ1999 Statutes of Nevada, Page 2634 (Chapter 515, AB 380)κ
Sec. 6. The 71st regular session of the Nevada Legislature shall review the manner in which the appropriation made by section 4 of this act has been expended and determine whether there has been substantial compliance with the Joint Testimony of Truckee-Carson Irrigation District, Pyramid Lake Paiute Tribe of Indians, City of Fallon, Churchill County and Sierra Pacific Power Company, dated by the parties thereto on May 6, 1999, and submitted to a hearing of the Senate Standing Committee on Finance on May 24, 1999.
Sec. 7. The amendatory provisions of sections 1, 2 and 3 of this act:
1. Do not apply to water rights that are under challenge in any legal or administrative proceeding which is pending on or before April 1, 1999; and
2. Do not constitute a legislative declaration that the law to be applied in any such pending proceeding is different from or the same as set forth in this act.
Sec. 8. 1. This act becomes effective upon passage and approval.
2. Section 5 of this act expires by limitation on July 1, 2004.
________
Assembly Bill No. 386Committee on Health and Human Services
CHAPTER 516
AN ACT relating to public welfare; requiring the Department of Human Resources to conduct a study of the methodology used in determining the amount of payments made to certain hospitals that treat Medicaid, indigent or other low-income patients; providing monetary assistance to restore a certain base amount in the fund for the institutional care of the medically indigent; providing for the allocation and transfer of certain funding for the treatment of Medicaid, indigent and other low-income patients; and providing other matters properly relating thereto.
[Approved June 8, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The Department of Human Resources shall conduct a study of the methodology used in determining the amount and distribution of payments made to public and private hospitals pursuant to NRS 422.387. The study must review:
(a) Whether the payments received by hospitals based on the volume of medical care provided to Medicaid patients, indigent patients and other low-income patients are equitable;
(b) Whether it is feasible to redistribute payments to increase payments to hospitals located in rural counties;
(c) Whether it is feasible to redistribute payments to provide payments to private hospitals located in counties that have a public hospital; and
(d) Alternative sources of revenue that may be used to offset the cost of care provided to Medicaid patients, indigent patients and other low-income patients.
κ1999 Statutes of Nevada, Page 2635 (Chapter 516, AB 386)κ
2. The Department shall seek to obtain relevant information from public and private hospitals as part of the study. Any such information obtained by the Department may be used only for the purpose of conducting the study.
3. The Department shall complete the study and submit a copy of its findings and recommendations on or before July 1, 2000, to the Governor, the Interim Finance Committee and the Legislative Committee on Health Care.
Sec. 2. 1. The state controller shall, as soon as practicable after July 1, 1999, transfer from the intergovernmental transfer account in the general fund to the fund for the institutional care of the medically indigent created pursuant to NRS 428.470 the amount necessary to restore the amount in the fund for the institutional care of the medically indigent to $300,000.
2. The money transferred to the fund for the institutional care of the medically indigent pursuant to subsection 1 may be used to provide assistance to a county for a payment required by an interlocal agreement which became due during fiscal year 1998-1999 or becomes due during fiscal year 1999-2000 or 2000-2001.
3. As used in this section, interlocal agreement has the meaning ascribed to it in NRS 428.440.
Sec. 3. 1. Except as otherwise provided in subsection 2:
(a) In a county whose population is more than 100,000 but less than 400,000, the state plan for Medicaid must allocate among any private hospitals that are qualified to receive a payment pursuant to NRS 422.387 and that are located in a county which does not have a public hospital or hospital district, $4,800,000 or the amount of the uncompensated costs of the hospitals as defined in the state plan for Medicaid, whichever is less, for the fiscal year 1999-2000 and for the fiscal year 2000-2001.
(b) The state plan for Medicaid may allocate among any private hospitals that are qualified to receive a payment pursuant to NRS 422.387 and that are located in a county which does not have a public hospital or hospital district:
(1) In a county whose population is more than 35,000 but less than 100,000, $2,000,000 or the amount of the uncompensated costs of the hospitals as defined in the state plan for Medicaid, whichever is less, for the fiscal year 1999-2000 and for the fiscal year 2000-2001.
(2) In a county whose population is less than 35,000, $1,000,000 or the amount of the uncompensated costs of the hospitals as defined in the state plan for Medicaid, whichever is less, for the fiscal year 1999-2000 and for the fiscal year 2000-2001.
(c) If a private hospital receives a payment pursuant to paragraph (a) or (b), the county within which the hospital is located shall transfer to the Department of Human Resources:
(1) If the payment was received pursuant to paragraph (a), $1,550,000 for the fiscal year 1999-2000 and for the fiscal year 2000-2001.
(2) If the payment was received pursuant to subparagraph (1) of paragraph (b), $1,500,000 or 75 percent of the amount received by the hospital, whichever is less, for the fiscal year 1999-2000 and for the fiscal year 2000-2001.
κ1999 Statutes of Nevada, Page 2636 (Chapter 516, AB 386)κ
(3) If the payment was received pursuant to subparagraph (2) of paragraph (b), $750,000 or 75 percent of the amount received by the hospital, whichever is less, for the fiscal year 1999-2000 and for the fiscal year 2000-2001.
2. If federal law changes the amount payable pursuant to paragraph (a) of subsection 2 of NRS 422.387:
(a) The respective amounts required to be allocated and transferred pursuant to subsection 1 must be reduced proportionally in accordance with the limits of federal law.
(b) The Administrator of the Division of Health Care Financing and Policy of the Department of Human Resources shall adopt a regulation specifying the amount of the reductions required by paragraph (a).
Sec. 4. This act becomes effective on July 1, 1999.
________
Assembly Bill No. 454Assemblyman Perkins
CHAPTER 517
AN ACT relating to controlled substances; revising the penalties for manufacturing or compounding certain controlled substances; authorizing peace officers to destroy materials or substances that they reasonably believe are hazardous waste at the time of seizure of certain substances; and providing other matters properly relating thereto.
[Approved June 8, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 453 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to:
(a) Manufacture or compound a controlled substance other than marihuana;
(b) Possess a majority of the ingredients required to manufacture or compound a controlled substance other than marihuana, unless he is at a laboratory that is licensed to store such ingredients; or
(c) Offer or attempt to do any act set forth in paragraph (a) or (b).
2. Unless a greater penalty is provided in NRS 453.3385 or 453.3395, a person who violates the provisions of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $100,000.
3. The court shall not grant probation to a person convicted pursuant to this section.
κ1999 Statutes of Nevada, Page 2637 (Chapter 517, AB 454)κ
Sec. 2. NRS 453.146 is hereby amended to read as follows:
453.146 1. The board shall administer the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act and may add substances to or delete or reschedule all substances enumerated in schedules I, II, III, IV and V by regulation.
2. In making a determination regarding a substance, the board shall consider the following:
(a) The actual or relative potential for abuse;
(b) The scientific evidence of its pharmacological effect, if known;
(c) The state of current scientific knowledge regarding the substance;
(d) The history and current pattern of abuse;
(e) The scope, duration and significance of abuse;
(f) The risk to the public health;
(g) The potential of the substance to produce psychic or physiological dependence liability; and
(h) Whether the substance is an immediate precursor of a controlled substance.
3. The board may consider findings of the federal Food and Drug Administration or the Drug Enforcement Administration as prima facie evidence relating to one or more of the determinative factors.
4. After considering the factors enumerated in subsection 2 the board shall make findings with respect thereto and adopt a regulation controlling the substance if it finds the substance has a potential for abuse.
5. The board shall designate as a controlled substance a steroid or other product which is used to enhance athletic performance, muscle mass, strength or weight without medical necessity. The board may not designate as a controlled substance an anabolic steroid which is:
(a) Expressly intended to be administered through an implant to cattle, poultry or other animals; and
(b) Approved by the Food and Drug Administration for such use.
Sec. 3. NRS 453.321 is hereby amended to read as follows:
453.321 1. Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to [import, transport, manufacture, compound,] :
(a) Import, transport, sell, exchange, barter, supply, prescribe, dispense, give away or administer a controlled or counterfeit substance ;
(b) Manufacture or compound a counterfeit substance; or [to offer]
(c) Offer or attempt to do any [such act.] act set forth in paragraph (a) or (b).
2. Unless a greater penalty is provided in NRS 453.333 or 453.334, if a person violates subsection 1 and the controlled substance is classified in schedule I or II, he is guilty of a category B felony and shall be punished:
(a) For the first offense, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $20,000.
(b) For a second offense, or if, in the case of a first conviction under this subsection, the offender has previously been convicted of an offense under this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to an offense under this section, by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $20,000.
κ1999 Statutes of Nevada, Page 2638 (Chapter 517, AB 454)κ
offense under this section, by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $20,000.
(c) For a third or subsequent offense, or if the offender has previously been convicted two or more times under this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to an offense under this section, by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.
3. The court shall not grant probation to or suspend the sentence of a person convicted under subsection 2 and punishable pursuant to paragraph (b) or (c) of subsection 2.
4. Unless a greater penalty is provided in NRS 453.333 or 453.334, if a person violates subsection 1, and the controlled substance is classified in schedule III, IV or V, he shall be punished:
(a) For the first offense, for a category C felony as provided in NRS 193.130.
(b) For a second offense, or if, in the case of a first conviction of violating this subsection, the offender has previously been convicted of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a violation of this section, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $15,000.
(c) For a third or subsequent offense, or if the offender has previously been convicted two or more times of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a violation of this section, for a category B felony by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.
5. The court shall not grant probation to or suspend the sentence of a person convicted under subsection 4 and punishable pursuant to paragraph (b) or (c) of subsection 4.
Sec. 4. NRS 453.326 is hereby amended to read as follows:
453.326 1. It is unlawful for a person:
(a) To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under the provisions of NRS 453.011 to 453.552, inclusive [;] , and section 1 of this act;
(b) To refuse an entry into any premises for any inspection authorized by the provisions of NRS 453.011 to 453.552, inclusive [;] , and section 1 of this act; or
(c) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft or other structure or place which is resorted to by persons using controlled substances in violation of the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act for the purpose of using these substances, or which is used for keeping or selling them in violation of those sections.
κ1999 Statutes of Nevada, Page 2639 (Chapter 517, AB 454)κ
using these substances, or which is used for keeping or selling them in violation of those sections.
2. A person who violates this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.
Sec. 5. NRS 453.3345 is hereby amended to read as follows:
453.3345 1. Unless a greater penalty is provided in NRS 453.333 or 453.334, and except as otherwise provided in NRS 193.169, any person who violates NRS 453.321 or 453.323 [:] or section 1 of this act:
(a) On the grounds of a public or private school, a playground, public swimming pool, recreational center for youths or a video arcade;
(b) On a campus of the University and Community College System of Nevada;
(c) Within 1,000 feet of the perimeter of such a school ground or campus, playground, pool, recreational center or arcade; or
(d) Within 1,000 feet of a school bus stop from 1 hour before school begins until 1 hour after school ends during scheduled school days,
must be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section runs consecutively with the sentence prescribed by statute for the crime.
2. This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
3. For the purposes of this section:
(a) Playground means any outdoor facility, intended for recreation, open to the public and in any portion thereof containing one or more apparatus intended for the recreation of children, such as a sliding board, teeterboard, sandbox or swingset.
(b) Recreational center for youths means a recreational facility or gymnasium which regularly provides athletic, civic or cultural activities for persons under 18 years of age.
(c) School bus has the meaning ascribed to it in NRS 483.160.
(d) Video arcade means a facility legally accessible to persons under 18 years of age, intended primarily for the use of pinball and video machines for amusement and which contains a minimum of 10 such machines.
Sec. 6. NRS 453.3385 is hereby amended to read as follows:
453.3385 Except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, a person who knowingly or intentionally sells, manufactures, delivers or brings into this state or who is knowingly or intentionally in actual or constructive possession of flunitrazepam, gamma-hydroxybutyrate, any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor or any controlled substance which is listed in schedule I, except marihuana, or any mixture which contains any such controlled substance, shall be punished, unless a greater penalty is provided pursuant to section 1 of this act, if the quantity involved:
1. Is 4 grams or more, but less than 14 grams, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years and by a fine of not more than $50,000.
κ1999 Statutes of Nevada, Page 2640 (Chapter 517, AB 454)κ
2. Is 14 grams or more, but less than 28 grams, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years and by a fine of not more than $100,000.
3. Is 28 grams or more, for a category A felony by imprisonment in the state prison:
(a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
(b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served,
and by a fine of not more than $500,000.
Sec. 7. NRS 453.3395 is hereby amended to read as follows:
453.3395 Except as otherwise provided in NRS 453.011 to 453.552, inclusive, a person who knowingly or intentionally sells, manufactures, delivers or brings into this state or who is knowingly or intentionally in actual or constructive possession of any controlled substance which is listed in schedule II or any mixture which contains any such controlled substance shall be punished, unless a greater penalty is provided pursuant to section 1 of this act, if the quantity involved:
1. Is 28 grams or more, but less than 200 grams, for a category C felony as provided in NRS 193.130 and by a fine of not more than $50,000.
2. Is 200 grams or more, but less than 400 grams, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years and by a fine of not more than $100,000.
3. Is 400 grams or more, for a category A felony by imprisonment in the state prison:
(a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; or
(b) For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served,
and by a fine of not more than $250,000.
Sec. 8. NRS 453.348 is hereby amended to read as follows:
453.348 In any proceeding brought under NRS 453.316, 453.321, 453.333, 453.334, 453.337, 453.338 or 453.401, or section 1 of this act, any previous convictions of the offender for a felony relating to controlled substances must be alleged in the indictment or information charging the primary offense, but the conviction may not be alluded to on the trial of the primary offense nor may any evidence of the previous offense be produced in the presence of the jury except as otherwise prescribed by law. If the offender pleads guilty or guilty but mentally ill to or is convicted of the primary offense but denies any previous conviction charged, the court shall determine the issue after hearing all relevant evidence. A certified copy of a conviction of a felony is prima facie evidence of the conviction.
Sec. 9. NRS 453.553 is hereby amended to read as follows:
453.553 1. In addition to any criminal penalty imposed for a violation of the provisions of NRS 453.011 to 453.552, inclusive, or section 1 of this act, any person who unlawfully sells, manufactures, delivers or brings into this state, possesses for sale or participates in any way in a sale of a controlled substance listed in schedule I, II or III is subject to a civil penalty for each violation.
κ1999 Statutes of Nevada, Page 2641 (Chapter 517, AB 454)κ
controlled substance listed in schedule I, II or III is subject to a civil penalty for each violation. This penalty must be recovered in a civil action, brought in the name of the State of Nevada by the attorney general or by any district attorney in a court of competent jurisdiction.
2. As used in this section and NRS 453.5531, 453.5532 and 453.5533:
(a) Each violation includes a continuous or repetitive violation arising out of the same act.
(b) Sell includes exchange, barter, solicitation or receipt of an order, transfer to another for sale or resale and any other transfer for any consideration or a promise obtained directly or indirectly.
(c) Substitute means a substance which:
(1) Was manufactured by a person who at the time was not currently registered with the Secretary of Health and Human Services; and
(2) Is an imitation of or intended for use as a substitute for a substance listed in schedule I, II or III.
Sec. 10. NRS 52.395 is hereby amended to read as follows:
52.395 1. When any substance alleged to be a controlled substance, dangerous drug or immediate precursor is seized from a defendant by a peace officer, the law enforcement agency of which the officer is a member may, with the prior approval of the prosecuting attorney, petition the district court in the county in which the defendant is charged to secure permission to destroy a part of the substance.
2. Upon receipt of a petition filed pursuant to subsection 1, the district court shall order the substance to be accurately weighed and the weight thereof accurately recorded. The prosecuting attorney or his representative and the defendant or his representative must be allowed to inspect and weigh the substance.
3. If after completion of the weighing process the defendant does not knowingly and voluntarily stipulate to the weight of the substance, the district court shall hold a hearing to make a judicial determination of the weight of the substance. The defendant, his attorney and any other witness the defendant may designate may be present and testify at the hearing.
4. After a determination has been made as to the weight of the substance, the district court may order all of the substance destroyed except that amount which is reasonably necessary to enable each interested party to analyze the substance to determine the composition of the substance. The district court shall order the remaining sample to be sealed and maintained for analysis before trial.
5. If the substance is finally determined not to be a controlled substance, dangerous drug or immediate precursor, unless the substance was destroyed pursuant to subsection 7, the owner may file a claim against the county to recover the reasonable value of the property destroyed pursuant to this section.
6. The district courts finding as to the weight of a substance destroyed pursuant to this section is admissible in any subsequent proceeding arising out of the same transaction.
7. If at the time that a peace officer seizes from a defendant a substance believed to be a controlled substance, dangerous drug or immediate precursor, the peace officer discovers any material or substance that he reasonably believes is hazardous waste, the peace officer may appropriately dispose of the material or substance without securing the permission of a court.
κ1999 Statutes of Nevada, Page 2642 (Chapter 517, AB 454)κ
that he reasonably believes is hazardous waste, the peace officer may appropriately dispose of the material or substance without securing the permission of a court.
8. As used in this section:
(a) Dangerous drug has the meaning ascribed to it in NRS 454.201.
(b) Hazardous waste has the meaning ascribed to it in NRS 459.430.
(c) Immediate precursor has the meaning ascribed to it in NRS 453.086.
Sec. 11. NRS 207.360 is hereby amended to read as follows:
207.360 Crime related to racketeering means the commission of, attempt to commit or conspiracy to commit any of the following crimes:
1. Murder;
2. Manslaughter;
3. Mayhem;
4. Battery which is punished as a felony;
5. Kidnaping;
6. Sexual assault;
7. Arson;
8. Robbery;
9. Taking property from another under circumstances not amounting to robbery;
10. Extortion;
11. Statutory sexual seduction;
12. Extortionate collection of debt in violation of NRS 205.322;
13. Forgery;
14. Any violation of NRS 199.280 which is punished as a felony;
15. Burglary;
16. Grand larceny;
17. Bribery or asking for or receiving a bribe in violation of chapter 197 or 199 of NRS which is punished as a felony;
18. Battery with intent to commit a crime in violation of NRS 200.400;
19. Assault with a deadly weapon;
20. Any violation of NRS 453.232, 453.316 to 453.3395, inclusive, or section 1 of this act or NRS 453.375 to 453.401, inclusive;
21. Receiving or transferring a stolen vehicle;
22. Any violation of NRS 202.260, 202.275 or 202.350 which is punished as a felony;
23. Any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS;
24. Receiving, possessing or withholding stolen goods valued at $250 or more;
25. Embezzlement of money or property valued at $250 or more;
26. Obtaining possession of money or property valued at $250 or more, or obtaining a signature by means of false pretenses;
27. Perjury or subornation of perjury;
28. Offering false evidence;
29. Any violation of NRS 201.300 or 201.360;
κ1999 Statutes of Nevada, Page 2643 (Chapter 517, AB 454)κ
30. Any violation of NRS 90.570, 91.230, 686A.290 or 686A.291; or
31. Any violation of NRS 205.506, 205.920 or 205.930.
Sec. 12. The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.
________
Assembly Bill No. 480Assemblymen de Braga, Mortenson, Chowning, Manendo and Ohrenschall
Joint Sponsor: Senator McGinness
CHAPTER 518
AN ACT making an appropriation to the White Pine County School District for the payment of short-term debts incurred by the school district; and providing other matters properly relating thereto.
[Approved June 8, 1999]
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 general fund to the White Pine County School District the sum of $2,031,337 for the payment of short-term debts incurred by the school district.
Sec. 2. On or before June 30, 2000, the White Pine County School District shall submit to the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau verification that the debts have been repaid.
Sec. 3. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2000, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 4. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 2644κ
Assembly Bill No. 527Assemblymen Parks, Segerblom, Mortenson, Bache, Giunchigliani, Thomas, Buckley, Ohrenschall, Chowning, Collins, Manendo, Williams, McClain, Claborn, de Braga, Humke, Hettrick, Cegavske, Perkins, Lee, Neighbors, Berman, Gibbons, Marvel and Price
CHAPTER 519
AN ACT relating to the University and Community College System of Nevada; authorizing the financing of campus facilities required or desired by the master plans at the University of Nevada, Las Vegas, and the University of Nevada, Reno, with revenue bonds issued pursuant to chapter 501, Statutes of Nevada 1991; increasing the maximum amount authorized for those bonds; increasing the time within which those bonds may be issued; authorizing the issuance of bonds for the construction of a dental school; including any revenue derived from dental services provided at a facility of the system within the definition of pledged revenues for the purposes of the University Securities Law; and providing other matters properly relating thereto.
[Approved June 8, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 4 of chapter 501, Statutes of Nevada 1991, as last amended by section 1 of chapter 93, Statutes of Nevada 1995, at page 112, is hereby amended to read as follows:
Sec. 4. Project means the construction, land and other acquisition, rehabilitation and improvement, or any combination thereof, of additional:
1.
Student housing and dining facilities required or desired by the university at
the University of Nevada, Reno, and University of Nevada, Las Vegas; [and]
2.
Parking facilities required or desired by the university at the University of
Nevada, Reno, and University of Nevada, Las Vegas [,] ; and
3. Campus facilities required or desired by university master plans at the University of Nevada, Las Vegas, and the University of Nevada, Reno,
equipment and furnishings therefor, and other appurtenances relating thereto as specified in a resolution of the board adopted pursuant to this act.
Sec. 2. Section 5 of chapter 501, Statutes of Nevada 1991, as last amended by section 2 of chapter 93, Statutes of Nevada 1995, at page 112, is hereby amended to read as follows:
Sec. 5. 1. The board, on behalf and in the name of the university, is authorized by this act, as supplemented by the provisions of the University Securities Law:
(a) To finance
the project by the issuance of bonds and other securities of the university in
a total principal amount not exceeding [$12,000,000] $25,000,000 for facilities at the University
of Nevada, Reno, and in a total principal amount not exceeding [$17,500,000]
$67,500,000 for
facilities at the University of Nevada, Las Vegas [;] , $35,000,000
of which may be used for the construction, other acquisition and improvement of
a dental school and other structures and clinics associated with the dental
school.
κ1999 Statutes of Nevada, Page 2645 (Chapter 519, AB 527)κ
$35,000,000 of which may be used for the construction, other acquisition and improvement of a dental school and other structures and clinics associated with the dental school.
(b) To issue
such bonds and other securities in connection with the projects in one series
or more at any time or from time to time within [9] 18 years after the
effective date of this act, as the board may determine, and consisting of
special obligations of the university payable from the net pledged revenues
authorized by this act possible subsequently other net pledged revenues,
secured by a pledge thereof and a lien thereon, subject to existing contractual
limitations, and subject to the limitation in paragraph (a);
(c) To employ legal, fiscal and other expert services and to defray the costs thereof with any money available therefor, including, proceeds of securities authorized by this act; and
(d) To exercise the incidental powers provided in this University Securities Law in connection with the powers authorized by this act except as otherwise expressly provided in this act.
2. If the board determines to sell the bonds authorized by subsection 1 at a discount from their face amount, the principal amount of bonds which the board is authorized to issue provided in subsection 1 is increased by an amount equal to the discount at which the bonds are sold.
3. This act does not limit the board in funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.
Sec. 3. 1. The board of regents of the University of Nevada may, on behalf and in the name of the university, finance the construction, other acquisition and improvement of a dental school and other structures and clinics associated with the dental school at the University of Nevada, Las Vegas, by the issuance of bonds and other securities of the university in a total principal amount not exceeding $35,000,000. The bonds and other securities may be issued at one time or from time to time, within 5 years after the effective date of this act and, except as otherwise provided in this section, must be issued in accordance with the provisions of the University Securities Law. The total principal amount of any bonds issued pursuant to this section and pursuant to chapter 501, Statutes of Nevada 1991, as amended, for this purpose must not exceed $35,000,000.
2. The bonds or other securities issued pursuant to subsection 1 must be secured by a pledge of the revenues derived from or otherwise pertaining to the imposition and collection of fees for dental services provided at a facility for the University of Nevada, Las Vegas.
3. The provisions of this section do not limit the board in funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.
4. Any bonds or other securities issued pursuant to this section must not be considered to be obligations general, special, or otherwise of the state, or to be securities of debt of the state, and are not enforceable against the state.
κ1999 Statutes of Nevada, Page 2646 (Chapter 519, AB 527)κ
Sec. 4. NRS 396.828 is hereby amended to read as follows:
396.828 Pledged revenues means the money pledged wholly or in part for the payment of bonds or other securities issued hereunder, and, subject to any existing pledges or other contractual limitations, may include at the boards discretion, all loans, grants or contributions to the university or board, if any, conditional or unconditional, from the Federal Government, the state, any public body or other donor for the payment of the principal of, the interest on, and any prior redemption premiums due in connection with any securities issued hereunder, or any combination thereof, and may include income or money derived from one, all or any combination of the following sources of revenue, including , without limitation , student fees and other fees, rates and charges appertaining thereto:
1. Dormitories, apartments and other facilities for housing;
2. Cafeterias, dining halls and other facilities for food service;
3. Student union and other facilities for student activities;
4. Store or other facilities for the sale or lease of books, stationery, student supplies, faculty supplies, office supplies and like material;
5. Stadium, arena, theater, fieldhouse and other athletic or recreational facilities for use in part by spectators or otherwise;
6. Land and any structures, other facilities, or other improvements thereon used or available for use for the parking of vehicles used for the transportation by land or air of persons to or from such land and any improvements thereon;
7. Properties for providing heat or any other utility furnished by the university or the board to any facilities on its campus;
8. Investments and reinvestments of unrestricted endowments; [and]
9. Any revenue derived from or otherwise pertaining to the imposition and collection of fees for dental services provided at a facility of the university; and
10. Facilities of the desert research institute, including , without limitation , money from:
(a) Grants to the desert research institute by any person or the Federal Government;
(b) Contracts and leases between the desert research institute and any person or governmental entity;
(c) The investment of any money of the desert research institute; and
(d) Any other revenue received by the desert research institute, or by the board on behalf of the desert research institute pursuant to NRS 396.795 to 396.7956, inclusive.
Sec. 5. It is the intent of the Legislature in enacting section 3 of this act that gifts, grants, donations and clinical fees be used to pay the principal and interest on the bonds issued pursuant to section 3 of this act for the construction and operation of the facilities authorized by the section. This act does not obligate the use of money from the state general fund other than any portion of the clinical fees that is derived from money appropriated for Nevada Medicaid or the Childrens Health Insurance Program.
Sec. 6. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 2647κ
Assembly Bill No. 690Committee on Ways and Means
CHAPTER 520
AN ACT making an appropriation to the Department of Prisons for equipment and supplies to open Cold Creek State Prison; and providing other matters properly relating thereto.
[Approved June 8, 1999]
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 Department of Prisons the sum of $2,160,399 for initial operating supplies and equipment to open Cold Creek State Prison.
2. The money appropriated by subsection 1 must be allocated as follows:
Information Services............................................................... $139,255
Medical Equipment................................................................. 241,480
Medical Start-Up Supplies...................................................... 26,747
Initial Start-Up Supplies for Operation................................. 97,720
Training...................................................................................... 31,938
Furnishings/Equipment/Vehicles.......................................... 1,623,259
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 2. This act becomes effective on July 1, 1999.
________
Assembly Bill No. 695Assemblymen Perkins, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams
CHAPTER 521
AN ACT relating to special legislative license plates; granting to Joseph E. Dini, Jr., the use of the special legislative license plate designated State Assemblyman 1 as a lifetime endowment; and providing other matters properly relating thereto.
[Approved June 8, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.374 is hereby amended to read as follows:
482.374 1. [The] Except as otherwise provided in a special act, the department shall furnish to each state senator and state assemblyman a special license plate or plates showing on the face thereof, in the case of the senators, State Senator, together with the designated number showing the seniority of the senator in the senate, and, in the case of the assemblymen, State Assemblyman or State Assemblywoman, as appropriate, together with the designated number showing the seniority of the assemblyman in the assembly.
κ1999 Statutes of Nevada, Page 2648 (Chapter 521, AB 695)κ
seniority of the senator in the senate, and, in the case of the assemblymen, State Assemblyman or State Assemblywoman, as appropriate, together with the designated number showing the seniority of the assemblyman in the assembly. If two or more legislators have the same seniority, the designated number given to them must be determined according to the alphabetical order of their last names, except that numbers drawn by lot by legislators having the same seniority prior to January 1, 1971, must be maintained in the same sequence.
2. The department shall furnish to each justice of the supreme court a special license plate or plates showing on the face thereof Supreme Court Justice, together with the designated number showing the seniority of the justice. If two or more justices have the same seniority, the designated number given to them must be determined according to the alphabetical order of their last names.
3. The department shall issue the license plates described in this section and a duplicate set of those plates to the state legislators and justices of the supreme court upon payment of the license fees set forth in NRS 482.3745.
Sec. 2. NRS 218.048 is hereby amended to read as follows:
218.048 1. After he leaves office and a successor has been elected or appointed, it is unlawful for any legislator to:
(a) Use any official stationery or business card acquired pursuant to NRS 218.225;
(b) Maintain deliberately a listing in any directory, published after that date, which in any manner indicates that he is presently a legislator; or
(c) [Use] Except as otherwise provided in a special act, use on his vehicle a special legislative license plate furnished pursuant to NRS 482.374.
2. Any person who violates any of the provisions of subsection 1 is guilty of a misdemeanor.
Sec. 3. 1. The special legislative license plate assigned to Mr. Joseph E. Dini, Jr., and showing on its face State Assemblyman 1, is hereby granted as a lifetime endowment to Mr. Dini, regardless of whether he continues to serve in the Assembly of this state. This endowment is made in recognition of his unprecedented length of service as Speaker of the Assembly.
2. After Mr. Dini completes his service in the Assembly of this state, the legislators who serve in the Assembly shall be furnished special legislative license plates in such a manner that the member of the Assembly who has the greatest seniority will be furnished a plate showing on its face State Assemblyman 2 or State Assemblywoman 2, as appropriate, and the remaining members of the Assembly must be furnished special legislative license plates in the manner set forth in subsection 1 of NRS 482.374.
Sec. 4. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 2649κ
Senate Bill No. 70Committee on Finance
CHAPTER 522
AN ACT relating to public schools; revising the provisions governing the program of accountability for public schools; requiring a charter school to adopt a final budget in accordance with the regulations of the department of education; revising provisions governing the administration and reporting of the achievement and proficiency examinations; and providing other matters properly relating thereto.
[Approved June 8, 1999]
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 and 3 of this act.
Sec. 2. 1. The department shall not designate a public school pursuant to NRS 385.363 if:
(a) The number of pupils who took the examinations administered pursuant to NRS 389.015 is less than 90 percent of the pupils who were required to take the examinations and were not exempt pursuant to the regulations of the department; and
(b) At least 60 percent of the pupils enrolled in that school who took the examinations administered pursuant to NRS 389.015 received an average score on those examinations that is at least equal to the 26th percentile of the national reference group of pupils to which the examinations were compared.
2. If the department does not designate a public school pursuant to NRS 385.363, the board of trustees of the school district in which the school is located shall:
(a) Prepare a written statement explaining why the number of pupils who took the examinations administered pursuant to NRS 389.015 is less than 90 percent of the pupils who were required to take the examinations;
(b) Prepare a written plan to increase the number of pupils who take the examinations administered pursuant to NRS 389.015; and
(c) On or before May 1 of the year in which the school receives notice pursuant to NRS 385.369 that a designation will not be made for the school, submit the written statement and plan to the:
(1) Governor;
(2) Department;
(3) Committee; and
(4) Bureau.
Sec. 3. 1. If the department does not designate a school pursuant to NRS 385.363 and, in the immediately succeeding school year, less than 90 percent of the pupils enrolled in the school who are required to take the examinations administered pursuant to NRS 389.015 take the examinations, the department shall designate the school as demonstrating need for improvement and the provisions of NRS 385.373 apply.
2. If the department designates a school as demonstrating need for improvement pursuant to subsection 1:
κ1999 Statutes of Nevada, Page 2650 (Chapter 522, SB 70)κ
(a) The school shall, within the same school year, administer examinations to the pupils in the school who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.015. The examinations must be the same examinations that are administered to a national reference group of pupils in the same grade. The school district shall pay for all costs related to the administration of examinations pursuant to this paragraph.
(b) The department or its designee shall monitor at the school the administration of the examinations that are required pursuant to NRS 389.015 and ensure that all eligible pupils who are in attendance on the day of the administration of the examinations are given an opportunity to take the examinations until the school receives a designation as demonstrating exemplary achievement, high achievement or adequate achievement pursuant to NRS 385.365.
3. A school that is designated as demonstrating need for improvement pursuant to subsection 1 is not eligible to receive money for remedial programs made available by legislative appropriation for the purposes of NRS 385.389.
4. If the department designates a school as demonstrating need for improvement pursuant to subsection 1 for two or more consecutive years, the provisions of NRS 385.375 and 385.378 apply.
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 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 385.346 and 385.3465 have the meanings ascribed to them in those sections.
Sec. 5. NRS 385.347 is hereby amended to read as follows:
385.347 1. The board of trustees of each school district in this state, in cooperation with associations recognized by the state board as representing licensed personnel in education in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the state board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools in the school district.
2. The board of trustees of each school district shall, on or before March 31 of each year, report to the residents of the district concerning:
(a) The educational goals and objectives of the school district.
(b) Pupil achievement for grades 4, 8, 10 and 11 for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
Unless otherwise directed by the department, the board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and shall compare the results of those examinations for the current school year with those of previous school years. The report must include, for each school in the district, including, without limitation, each charter school in the district, and each grade in which the examinations were administered:
(1) The number of pupils who took the examinations;
κ1999 Statutes of Nevada, Page 2651 (Chapter 522, SB 70)κ
(2) An explanation of instances in which a school was exempt from administering or a pupil was exempt from taking an examination; and
(3) A record of attendance for the period in which the examinations were administered, including an explanation of any difference in the number of pupils who took the examinations and the number of pupils [in attendance in that period.] who are enrolled in the school.
In addition, the board shall also report the results of other examinations of pupil achievement administered to pupils in the school district in grades other than 4, 8, 10 and 11. The results of these examinations for the current school year must be compared with those of previous school years.
(c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school in the district, the average class size for each required course of study for each secondary school in the district and the district as a whole, including, without limitation, each charter school in the district, and other data concerning licensed and unlicensed employees of the school district.
(d) [A comparison of the types of classes that each teacher has] The percentage of classes taught by teachers who have been assigned to teach [with the qualifications and licensure of the teacher,] English, mathematics, science or social studies but do not possess a license with an endorsement to teach in that subject area, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(e) The total expenditure per pupil for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(f) The curriculum used by the school district, including:
(1) Any special programs for pupils at an individual school; and
(2) The curriculum used by each charter school in the district.
(g) The annual rate of the attendance and truancy of pupils in all grades, including, without limitation, the average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(h) The annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole.
(i) Records of attendance of teachers who provide instruction, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(j) Efforts made by the school district and by each school in the district, including, without limitation, each charter school in the district, to increase:
(1) Communication with the parents of pupils in the district; and
(2) The participation of parents in the educational process and activities relating to the school district and each school, including, without limitation, the existence of parent organizations and school advisory committees.
(k) Records of incidents involving weapons or violence for each school in the district, including, without limitation, each charter school in the district.
κ1999 Statutes of Nevada, Page 2652 (Chapter 522, SB 70)κ
(l) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district, including, without limitation, each charter school in the district.
(m) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.
(n) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(o) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.125, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(p) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school in the district. For the purposes of this paragraph, a pupil is not transient if he is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.
[(o)] (q) Each source of funding for the school district.
[(p)] (r) The amount and sources of money received for remedial education for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(s) For each high school in the district, including, without limitation, each charter school in the district, the percentage of pupils who graduated from that high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university or community college within the University and Community College System of Nevada.
[(q)] (t) The technological facilities and equipment available at each school, including, without limitation, each charter school, and the districts plan to incorporate educational technology at each school.
[(r)] (u) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who graduate with:
(1) A standard high school diploma.
(2) An adjusted diploma.
(3) A certificate of attendance.
(v) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.
(w) Such other information as is directed by the superintendent of public instruction.
3. The records of attendance maintained by a school for purposes of paragraph (i) of subsection 2 must include the number of teachers who are in attendance at school and the number of teachers who are absent from school. A teacher shall be deemed in attendance if the teacher is excused from being present in the classroom by the school in which he is employed for one of the following reasons:
κ1999 Statutes of Nevada, Page 2653 (Chapter 522, SB 70)κ
from being present in the classroom by the school in which he is employed for one of the following reasons:
(a) Acquisition of knowledge or skills relating to the professional development of the teacher; or
(b) Assignment of the teacher to perform duties for cocurricular or extracurricular activities of pupils.
4. The superintendent of public instruction shall:
(a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.
(b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts.
(c) Consult with a representative of the:
(1) Nevada State Education Association;
(2) Nevada Association of School Boards;
(3) Nevada Association of School Administrators;
(4) Nevada Parent Teachers Association;
(5) Budget division of the department of administration; and
(6) Legislative counsel bureau,
concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.
[4.] 5. The superintendent of public instruction may consult with representatives of parent groups other than the Nevada Parent Teachers Association concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.
6. On or before April 15 of each year, the board of trustees of each school district shall submit to the advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required in paragraph (g) of subsection 2.
Sec. 6. NRS 385.351 is hereby amended to read as follows:
385.351 1. On or before April 15 of each year, the board of trustees of each school district shall submit the report required pursuant to subsection 2 of NRS 385.347 to the:
(a) Governor;
(b) State board;
(c) Department;
(d) Committee; and
(e) Bureau.
2. On or before April 15 of each year, the board of trustees of each school district shall submit the information prepared by the board of trustees pursuant to paragraph [(q)] (t) of subsection 2 of NRS 385.347 to the commission on educational technology created pursuant to NRS 388.790.
3. On or before June 15 of each year, the board of trustees of each school district shall:
(a) Prepare:
(1) A separate written report summarizing the effectiveness of the districts program of accountability . [during the school year.] The report must include:
κ1999 Statutes of Nevada, Page 2654 (Chapter 522, SB 70)κ
(I) A review and analysis of the data upon which the report required pursuant to subsection 2 of NRS 385.347 is based [;] and a review and analysis of any data that is more recent than the data upon which the report is based;
(II) The identification of any problems or factors at individual schools that are revealed by the review and analysis [.] ;
(III) A summary of the efforts that the school district has made or intends to make in response to the deficiencies or in response to the recommendations identified in the report submitted to the district pursuant to paragraph (b) of subsection 1 of NRS 385.359; and
(IV) A description of the progress that the school district has achieved, if any, as a result of the recommendations submitted pursuant to paragraph (b) of subsection 1 of NRS 385.359 in preceding years and any other analyses made in preceding years.
(2) A written procedure to improve the achievement of pupils who are enrolled in schools within the district, including, but not limited to, a description of the efforts the district has made to correct any deficiencies identified in the written report required pursuant to subparagraph (1). The written procedure must describe sources of data that will be used by the board of trustees to evaluate the effectiveness of the written procedure.
(b) Submit copies of the written report and written procedure required pursuant to paragraph (a) to the:
(1) Governor;
(2) State board;
(3) Department;
(4) Committee; and
(5) Bureau.
4. The department shall maintain a record of the information that it receives from each school district pursuant to this section in such a manner as will allow the department to create for each school a yearly profile of information.
5. The board of trustees of each school district shall ensure that a copy of the written report and written procedure required pursuant to paragraph (a) of subsection 3 is included with the final budget of the school district adopted pursuant to NRS 354.598.
Sec. 7. NRS 385.356 is hereby amended to read as follows:
385.356 The department shall maintain a record of the:
1. Information that it receives from each school district pursuant to NRS 385.351; and
2. Designation made for each school pursuant to NRS 385.363 [,] and section 3 of this act,
in such a manner as will allow the department to evaluate the progress of each school in improving the achievement of pupils who are enrolled in the school on the examinations required pursuant to NRS 389.015, improving the attendance of pupils who are enrolled in the school and [the attendance of teachers who provide instruction at the school.] increasing the number of pupils who take the examinations required pursuant to NRS 389.015.
κ1999 Statutes of Nevada, Page 2655 (Chapter 522, SB 70)κ
Sec. 8. 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 the information submitted to the bureau pursuant to NRS 385.351 in accordance with standards prescribed by the committee pursuant to subsection 2 of NRS 218.5354;
(b) [Consult] 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 written report and written procedure required pursuant to NRS 385.351, and the purposes for which the reports and written procedure are used; and
(c) 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, and sections 2 and 3 of this act, in improving the accountability of the schools of this state;
(2) The status of each school that is designated as demonstrating [inadequate achievement] need for improvement pursuant to NRS 385.367 [;] and section 3 of this act; 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:
(a) Must possess the experience and knowledge necessary to perform those duties, as determined by the committee; and
(b) Shall complete those duties within 6 months after the bureau provides to the consultant the report required pursuant to subsection 2 of NRS 385.347 and the written report and written procedure required pursuant to NRS 385.351.
Sec. 9. NRS 385.363 is hereby amended to read as follows:
385.363 The department shall, on or before [December 15] April 1 of each year:
1. Evaluate the information submitted by each school district pursuant to paragraphs (b) [, (g) and (i)] and (g) of subsection 2 of NRS 385.347; and
2. [Based] Except as otherwise provided in subsection 3 and section 2 of this act, based upon its evaluation and in accordance with the criteria set forth in NRS 385.365 and 385.367, designate each public school within each school district as:
(a) Demonstrating exemplary achievement;
(b) Demonstrating high achievement;
[(b)] (c) Demonstrating adequate achievement; or
[(c) Demonstrating inadequate achievement.]
(d) Demonstrating need for improvement.
3. The department shall adopt regulations that set forth the conditions under which the department will not designate a public school pursuant to this section because the school:
(a) Has too few pupils enrolled in a grade level that is tested pursuant to NRS 389.015;
(b) Serves only pupils with disabilities;
κ1999 Statutes of Nevada, Page 2656 (Chapter 522, SB 70)κ
(c) Operates only as an alternative program for the education of pupils at risk of dropping out of high school; or
(d) Is operated within a:
(1) Youth training center;
(2) Youth center;
(3) Juvenile forestry camp;
(4) Detention home;
(5) Youth camp;
(6) Juvenile correctional institution; or
(7) Correctional institution.
Sec. 10. NRS 385.365 is hereby amended to read as follows:
385.365 1. The department shall designate a public school as demonstrating [high] exemplary achievement if:
(a) The number of pupils who took the examinations administered pursuant to NRS 389.015 is at least equal to 95 percent of the pupils who were required to take the examinations and were not exempt pursuant to the regulations of the department;
(b) At least 50 percent of the pupils enrolled in that school who took the examinations administered pursuant to NRS 389.015 received an average score on those examinations that is at least equal to the [75th] 76th percentile of the national reference group of pupils to which the examinations were compared; and
(c) The average daily attendance of pupils who are enrolled in the school [and the teachers who provide instruction at the school is more than] is at least 95 percent.
2. The department shall designate a public school as demonstrating high achievement if:
(a) The number of pupils who took the examinations administered pursuant to NRS 389.015 is at least equal to 93 percent of the pupils who were required to take the examinations and were not exempt pursuant to the regulations of the department;
(b) At least 40 percent of the pupils enrolled in that school who took the examinations administered pursuant to NRS 389.015 received an average score on those examinations that is at least equal to the 76th percentile of the national reference group of pupils to which the examinations were compared; and
(c) The average daily attendance of pupils who are enrolled in the school is at least 93 percent.
3. The department shall designate a public school as demonstrating adequate achievement if:
(a) The number of pupils who took the examinations administered pursuant to NRS 389.015 is at least equal to 90 percent of the pupils who were required to take the examinations and were not exempt pursuant to the regulations of the department;
(b) At least 60 percent of the pupils enrolled in that school who took the examinations administered pursuant to NRS 389.015 received an average score on those examinations that is at least equal to the 26th percentile of the national reference group of pupils to which the examinations were compared; and
κ1999 Statutes of Nevada, Page 2657 (Chapter 522, SB 70)κ
(c) The average daily attendance of pupils who are enrolled in the school [and the teachers who provide instruction at the school is more than] is at least 90 percent.
Sec. 11. NRS 385.367 is hereby amended to read as follows:
385.367 The department shall designate a public school as demonstrating [inadequate achievement] need for improvement if:
1. Less than 60 percent of the pupils enrolled in that school who took the examinations administered pursuant to NRS 389.015 received an average score on those examinations that is at least equal to the 26th percentile of the national reference group of pupils to which the examinations were compared; or
2. The average daily attendance of pupils who are enrolled in the school [and the teachers who provide instruction at the school] is less than 90 percent for 3 or more consecutive years based upon the yearly profile of information for the school maintained by the department pursuant to subsection 4 of NRS 385.351.
Sec. 12. NRS 385.369 is hereby amended to read as follows:
385.369 1. As soon as practicable after the department makes a designation pursuant to NRS 385.363 [,] or section 3 of this act, the department shall provide written notice of the designation to the principal of the particular school. [In addition,] If the department does not designate a public school for the reasons set forth in section 2 of this act, the department shall provide written notice [of each such designation] as soon as practicable to the principal of the particular school that a designation will not be made for the school.
2. For each public school that is designated pursuant to NRS 385.363 or section 3 of this act, the department shall provide written notice of each such designation as follows:
[1.] (a) Designations for all of the schools of this state to the:
[(a) Governor;
(b) Committee;
(c) Bureau; and
(d) State board.
2.]
(1) Governor;
(2) Committee;
(3) Bureau; and
(4) State board.
(b) Designations for all of the schools within a school district to the:
[(a)] (1) Superintendent of schools of the school district; and
[(b)] (2) Board of trustees of the school district.
Each notice that the department provides pursuant to this [section] subsection must include, for each school that the department designates as demonstrating [inadequate achievement,] need for improvement, the number of consecutive years, if any, in which the school has received that designation.
3. If the department does not designate a public school for the reasons set forth in section 2 of this act, the department shall provide written notice of:
κ1999 Statutes of Nevada, Page 2658 (Chapter 522, SB 70)κ
(a) The schools of this state that did not receive a designation and the reasons therefor to the:
(1) Governor;
(2) Committee;
(3) Bureau; and
(4) State board.
(b) The schools within a school district that did not receive a designation and the reasons therefor to the:
(1) Superintendent of schools of the school district; and
(2) Board of trustees of the school district.
Sec. 13. NRS 385.371 is hereby amended to read as follows:
385.371 If the department designates a school as demonstrating [inadequate achievement] need for improvement pursuant to NRS 385.367 and the provisions of NRS 385.373 and 385.375 do not apply, the board of trustees of the school district in which the school is located shall:
1. Prepare for that school a plan to improve the achievement of the schools pupils as measured by the examinations required pursuant to NRS 389.015.
2. On or before [February 15] May 1 of the year [immediately succeeding the year] in which the designation was made, submit the plan to the:
(a) Governor;
(b) Department;
(c) Committee; and
(d) Bureau.
Sec. 14. NRS 385.373 is hereby amended to read as follows:
385.373 If the department designates a school as demonstrating [inadequate achievement] need for improvement pursuant to NRS 385.367 for 2 consecutive years [,] or pursuant to section 3 of this act for 1 year, the department shall:
1. Place the school on academic probation.
2. Prepare for that school a plan to [improve] :
(a) Improve the achievement of the pupils who are enrolled in the school as measured by the examinations required pursuant to NRS 389.015.
(b) If the school received a designation pursuant to section 3 of this act, increase the number of pupils who take the examinations required pursuant to NRS 389.015 and ensure that all eligible pupils who are in attendance on the day that the examinations are administered are given an opportunity to take the examinations.
3. On or before [February 15] May 1 of the year [immediately succeeding the year] in which the second designation was made [,] pursuant to NRS 385.367 or the first designation was made pursuant to section 3 of this act, submit the plan to the:
(a) Board of trustees of the school district in which the school is located;
(b) Governor;
(c) State board;
(d) Committee; and
(e) Bureau.
κ1999 Statutes of Nevada, Page 2659 (Chapter 522, SB 70)κ
Sec. 15. NRS 385.375 is hereby amended to read as follows:
385.375 If the department designates a school as demonstrating [inadequate achievement] need for improvement pursuant to NRS 385.367 for 3 or more consecutive years [:] or pursuant to section 3 of this act for 2 or more consecutive years:
1. The department shall:
(a) Continue the academic probation of the school;
(b) Prepare for that school a plan to [improve] :
(1) Improve the achievement of the schools pupils as measured by the examinations required pursuant to NRS 389.015; [and]
(2) If the school received a designation pursuant to section 3 of this act, increase the number of pupils who take the examinations required pursuant to NRS 389.015; and
(c) [Submit] On or before May 1 of the year in which the third or subsequent designation was made pursuant to NRS 385.367 or the second or subsequent designation was made pursuant to section 3 of this act, submit the plan to the:
(1) Board of trustees of the school district in which the school is located;
(2) Governor;
(3) State board;
(4) Committee; and
(5) Bureau.
A plan prepared and submitted by the department pursuant to this subsection must contain specific information about the school, including, but not limited to, information concerning the administrative operation of the school, the curriculum of the school and the financial and other resources of the school.
2. The board of trustees of the school district in which the school is located shall, until such time as the school is designated as demonstrating exemplary achievement, high achievement or adequate achievement pursuant to NRS 385.365, make [at least four] two reports per year , one at the end of each semester, to the department, the committee , the bureau and the governor concerning the progress of the school in carrying out the plan prepared pursuant to subsection 1.
Sec. 16. NRS 385.378 is hereby amended to read as follows:
385.378 1. Except as otherwise provided in [subsection 3,] subsections 3 and 4, in addition to the requirements set forth in NRS 385.373 and 385.375, if a school receives two or more consecutive designations as demonstrating [inadequate achievement,] need for improvement pursuant to NRS 385.367 or section 3 of this act, the department shall, on or before [January 15,] August 1, establish a panel to supervise the academic probation of the school. A panel established pursuant to this section consists of nine members appointed by the superintendent of public instruction as follows:
(a) Two instructors or professors who provide instruction within the University and Community College System of Nevada;
(b) [Two representatives] One representative of the private sector;
(c) Two parents or legal guardians of pupils who are enrolled in the school; [and]
κ1999 Statutes of Nevada, Page 2660 (Chapter 522, SB 70)κ
(d) One person who is a member of the board of trustees of a school district; and
(e) Three persons who are licensed educational personnel at public schools within this state. [Two of the persons] One person appointed pursuant to this paragraph must be a classroom [teachers who provide] teacher who provides instruction at [schools that are] a school that is not located within the same school district as the school which is the subject of the evaluation. One person appointed pursuant to this paragraph must be an administrator at a school that is not located within the same school district as the school which is the subject of the evaluation.
2. For each day or portion of a day during which a member of the panel attends a meeting of the panel or is otherwise engaged in the work of the panel, he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The school district in which the school on academic probation is located shall pay the allowances and expenses authorized pursuant to this subsection.
3. If a school receives two or more consecutive designations as demonstrating [inadequate achievement,] need for improvement pursuant to NRS 385.367, the school may submit to the department a request for a waiver of the requirement for the establishment of a panel to supervise the academic probation of the school. The department may grant such a waiver if the yearly profile of information for the school maintained by the department pursuant to subsection 4 of NRS 385.351 demonstrates to the satisfaction of the department that the school has significantly improved in each of the immediately preceding 3 years covered by the profile.
4. If a school receives two or more consecutive designations as demonstrating need for improvement pursuant to section 3 of this act, the school may submit to the department a request for a waiver of the requirement for the establishment of a panel to supervise the academic probation of the school. The department may grant such a waiver if the yearly profile of information for the school maintained by the department pursuant to subsection 4 of NRS 385.351 demonstrates to the satisfaction of the department that the number of pupils enrolled in the school who take the examinations required pursuant to NRS 389.015 has significantly increased in each of the immediately preceding 2 years covered by the profile.
5. If the department grants a waiver pursuant to subsection 3 [,] or 4, it shall, on or before [February 15] June 1 of each year, prepare a list that contains the name of each school for which the department has granted a waiver and the justification of the department for granting the waiver. The department shall submit the list to the:
(a) Governor;
(b) State board;
(c) Committee; and
(d) Bureau.
Sec. 17. NRS 385.381 is hereby amended to read as follows:
385.381 1. A panel established pursuant to NRS 385.378 shall:
(a) Review the most recent plan prepared by the department for the school pursuant to NRS 385.373 or 385.375 or the plan prepared by the board of trustees of the school district pursuant to NRS 385.371 [;] or section 2 of this act;
κ1999 Statutes of Nevada, Page 2661 (Chapter 522, SB 70)κ
trustees of the school district pursuant to NRS 385.371 [;] or section 2 of this act;
(b) Identify and investigate the problems and factors at the school that contributed to the designation of the school as demonstrating [inadequate achievement;] need for improvement;
(c) Hold a public meeting to discuss the actions that the school will need to take to warrant receiving a designation of demonstrating exemplary achievement, high achievement or adequate achievement;
(d) On or before [April 1,] December 1, prepare a written report that includes an analysis of the problems and factors at the school which contributed to the designation of the school as demonstrating [inadequate achievement, including, but not limited to,] 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 panel believes contributed to the designation of the school as demonstrating [inadequate achievement;] need for improvement;
(e) Submit a copy of the written report to the:
(1) Principal of the school;
(2) Board of trustees of the school district in which the school is located;
(3) Superintendent of schools of the school district in which the school is located;
(4) Superintendent of public instruction;
(5) Governor;
(6) State board;
(7) Department;
(8) Committee; and
(9) Bureau;
(f) Make the written report available, upon request, to each parent or legal guardian of a pupil who is enrolled in the school; and
(g) In accordance with its findings pursuant to this subsection, adopt revisions to the most recent plan prepared by the department for the school pursuant to NRS 385.373 or 385.375.
2. The department shall, not more than 1 month after receiving the written report submitted by the panel:
(a) Amend the most recent plan prepared by the department for the school pursuant to NRS 385.373 or 385.375. In amending the plan, the department shall incorporate the revisions adopted by the panel pursuant to paragraph (g) of subsection 1.
(b) Submit to the panel a copy of an amended plan for the school which demonstrates to the satisfaction of the panel that the department incorporated the revisions adopted by the panel pursuant to paragraph (g) of subsection 1.
κ1999 Statutes of Nevada, Page 2662 (Chapter 522, SB 70)κ
3. The department shall submit to the panel a copy of the designation that it gives to the school pursuant to NRS 385.363 or section 3 of this act for the school year immediately succeeding the establishment of the panel. If the school does not earn a designation as demonstrating exemplary achievement, high achievement or adequate achievement for the school year immediately succeeding the establishment of the panel, the panel shall take such action pursuant to subsection 1 and NRS 385.383 as it deems necessary to ensure that the school takes action to improve its designation.
Sec. 18. NRS 385.383 is hereby amended to read as follows:
385.383 If a panel established pursuant to NRS 385.378 determines that a school has not earned a designation as demonstrating exemplary achievement, high achievement or adequate achievement for the school year immediately succeeding the establishment of the panel, the panel shall:
1. Hold an additional public meeting to discuss the actions which must be taken to improve the achievement of pupils at the school.
2. On or before [April 1,] December 1, determine whether the superintendent of public instruction shall appoint an administrator to oversee the operation of the school pursuant to NRS 385.386.
Sec. 19. NRS 385.386 is hereby amended to read as follows:
385.386 1. If a panel established pursuant to NRS 385.378 determines that an administrator must be appointed to oversee the operation of a school, the superintendent of public instruction shall, on or before [May 1,] January 15, appoint a licensed administrator to do so. The administrator must:
(a) Possess knowledge and experience concerning the administration of public schools.
(b) Be appointed from a list of three qualified persons submitted to the superintendent of public instruction by the panel.
2. An administrator appointed pursuant to this section:
(a) Shall:
(1) Establish and carry out a policy for the management of the school to ensure that the plan prepared by the department pursuant to NRS 385.375 and revised by the panel pursuant to NRS 385.381 is followed. This subparagraph does not prohibit the administrator from recommending changes to the plan.
(2) [On a quarterly basis, make] Make two reports , one at the end of each semester, to the department, the governor , the bureau and the committee regarding the progress of the school toward earning a designation of demonstrating exemplary achievement, high achievement or adequate achievement pursuant to NRS 385.365.
(b) May take any action not prohibited by law to ensure that [the] :
(1) The performance of the pupils of the school on the examinations administered pursuant to NRS 389.015 ; and
(2) If the school received two or more consecutive designations pursuant to section 3 of this act, the number of pupils who take the examinations administered pursuant to NRS 389.015,
improves to such a level that the school is designated as demonstrating exemplary achievement, high achievement or adequate achievement pursuant to NRS 385.365.
κ1999 Statutes of Nevada, Page 2663 (Chapter 522, SB 70)κ
(c) Serves at the pleasure of the superintendent of public instruction and is entitled to receive such compensation as may be set by the superintendent.
3. A school district that contains a school for which an administrator is appointed pursuant to this section shall reimburse the department for any expenses incurred by the department pursuant to subsection 2.
4. If a school for which an administrator is appointed pursuant to this section receives a designation of demonstrating exemplary achievement, high achievement or adequate achievement pursuant to NRS 385.365, the superintendent of public instruction shall terminate the oversight of the school by the administrator. After the superintendent terminates the oversight of the school, the board of trustees of the school district in which the school is located shall, [on a quarterly basis and] until such time as the school receives two consecutive designations of demonstrating exemplary achievement, high achievement or adequate achievement pursuant to NRS 385.365, make two reports , one at the end of each semester, to the department, the committee , the bureau and the governor regarding actions taken at the school to maintain that designation.
Sec. 20. NRS 385.389 is hereby amended to read as follows:
385.389 1. The department shall adopt programs of remedial study for each subject tested on the examinations administered pursuant to NRS 389.015. In adopting these programs of remedial study, the department shall consider the recommendations submitted by the committee pursuant to NRS 218.5354 and programs of remedial study that have proven to be successful in improving the academic achievement of pupils.
2. A school that receives a designation as demonstrating [inadequate achievement] need for improvement pursuant to NRS 385.367 shall adopt a program of remedial study that has been adopted by the department pursuant to subsection 1.
3. A school district that includes a school which receives a designation of demonstrating need for improvement pursuant to NRS 385.367 shall ensure that each of [its] the pupils enrolled in the school who [fails] failed to demonstrate at least adequate achievement on the examinations administered pursuant to NRS 389.015 completes, in accordance with the requirements set forth in subsection 5 of NRS 389.015, [a program of] remedial study [adopted by the department.] that is determined to be appropriate for the pupil.
Sec. 21. NRS 385.391 is hereby amended to read as follows:
385.391 The department shall adopt:
1. Regulations to provide for the recognition of schools that receive a designation as demonstrating exemplary achievement or high achievement pursuant to [subsection 1 of] NRS 385.365;
2. Regulations which prescribe the factors that the department will consider in determining whether to grant a waiver from the establishment of a panel to supervise the academic probation of a school pursuant to NRS 385.378, including, without limitation, criteria for determining whether [a] :
(a) A school has significantly improved [;] for the purpose of subsection 3 of NRS 385.378; and
κ1999 Statutes of Nevada, Page 2664 (Chapter 522, SB 70)κ
(b) The number of pupils enrolled in a school who take the examinations required pursuant to NRS 3