Link to Page 3104

 

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ê2001 Statutes of Nevada, Page 3105 (Chapter 595, AB 131)ê

 

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

    (b) “Abandoned nuisance activity” means:

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

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

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

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

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

         (6) Environmental hazards;

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

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

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

         (1) Entered, patronized or visited;

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

         (3) Waited to enter, patronize or visit,

a property or a person present on the property.

________

 

CHAPTER 596, SB 174

Senate Bill No. 174–Senators Rawson and Titus

 

Joint Sponsors: Assemblymen  Marvel, Giunchigliani, Parks, Leslie and Buckley

 

CHAPTER 596

 

AN ACT relating to persons with disabilities; requiring cooperative efforts to enable existing state programs to make available community-based services for the provision of minimum essential personal assistance to certain of those persons and to establish a program to govern the provision of those services; making an appropriation; and providing other matters properly relating thereto.

 

[Approved: June 15, 2001]

 

    Whereas, People of all ages with severe functional disabilities are often forced to live in unsafe conditions or an institutional setting because of their inability to obtain essential personal assistance in their communities; and

    Whereas, Many of those people require only minimal personal assistance to live safely and independently in their communities; and

    Whereas, The potential cost for the state to provide institutional care for all those people far exceeds the cost to provide them with essential personal care in their communities; and

    Whereas, Those people should have available at least such minimum essential personal assistance as is appropriate for them to avoid placement in an institutional setting without regard to their age, marital or family status, race, national origin, cultural background, religion, gender, sexual preference or geographic location; and


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ê2001 Statutes of Nevada, Page 3106 (Chapter 596, SB 174)ê

 

    Whereas, Existing state programs provide a sufficient framework within which to make essential personal assistance available to those people; and

    Whereas, It is the goal of this state to ensure that at least minimal essential personal assistance services are available to all residents of this state with severe functional disabilities who, if provided access to such services, will remain safely in their homes and communities and avoid being placed in an institutional setting, and to provide those people with meaningful choices and the maximum feasible amount of control over the essential personal assistance they receive; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 426 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

    Sec. 2.  As used in sections 2 to 11, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 3.  “Advisory committee” means the advisory committee on personal assistance for persons with severe functional disabilities created pursuant to section 11 of this act.

    Sec. 4.  “Minimum essential personal assistance” means the assistance of a person with a severe functional disability for 6 hours or less per day in:

    1.  Eating;

    2.  Bathing;

    3.  Toileting;

    4.  Dressing;

    5.  Moving about; and

    6.  Taking care of himself.

    Sec. 5.  “Reasonably adequate state funding” means the amount of state funding that can reasonably be accommodated within state budgetary limitations, as determined by the governor and the legislature for each biennial session of the legislature.

    Sec. 6.  “Recipient” means a recipient of minimum essential personal assistance through a state personal assistance program.

    Sec. 7.  “Severe functional disability” means any physical or mental condition pursuant to which a person is unable, without substantial assistance from another person, to eat, bathe and toilet.

    Sec. 8.  “State personal assistance program” means a program established pursuant to NRS 422.396, 427A.250 or 615.173.

    Sec. 9.  1.  Each state personal assistance program must make available, within a reasonable period after receiving a request therefor and in accordance with any conditions upon the receipt of federal funding and considering the amount of reasonably adequate state funding, community-based services to provide minimum essential personal assistance to residents of this state with severe functional disabilities who would, with the provision of that assistance, be able to live safely and independently in their communities outside of an institutional setting.

    2.  The provisions of sections 2 to 11, inclusive, of this act must not be construed to:


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ê2001 Statutes of Nevada, Page 3107 (Chapter 596, SB 174)ê

 

    (a) Prevent a person with a severe functional disability from receiving more than 6 hours of minimum essential personal assistance per day from a state personal assistance program if such assistance is available pursuant to the program; or

    (b) Prevent a person with a disability other than a severe functional disability from receiving services from a state personal assistance program if such assistance is available pursuant to the program.

    Sec. 10.  The director of the department of human resources, in cooperation with the director of the department of employment, training and rehabilitation and in consultation with the advisory committee, shall:

    1.  Determine the amount of state funding necessary each biennium to carry out section 9 of this act.

    2.  Ensure that the amount of funding determined to be necessary pursuant to subsection 1 is included in the budgetary request of the appropriate department or agency for the biennium, and that the budgetary request includes funding for any increase in the number of cases handled by the state personal assistance programs.

    3.  Establish a program to govern the services provided to carry out section 9 of this act, within the limitations of any conditions upon the receipt of state or federal funding, including:

    (a) Minimum standards for the provision of minimum essential personal assistance, including, to the extent authorized by state and federal law, the provision of services in accordance with NRS 629.091;

    (b) Minimum qualifications and training requirements for providers of minimum essential personal assistance;

    (c) Standards for the financial operation of providers of minimum essential personal assistance;

    (d) The development of an individual service plan for the provision of minimum essential personal assistance to each recipient;

    (e) Procedures to appeal the denial or modification of an individual service plan for the provision of minimum essential personal assistance and to resolve any disputes regarding the contents of such a plan;

    (f) Continuous monitoring of the adequacy and effectiveness of the provision of minimun essential personal assistance to each recipient;

    (g) Mandatory requirements and procedures for reporting the abuse, neglect or exploitation of a recipient;

    (h) The receipt of meaningful input from recipients, including surveys of recipients, regarding the extent to which recipients are receiving the services described in their individual service plans and their satisfaction with those services; and

    (i) Continuing procedures for soliciting public input regarding the development, implementation and review of the program.

    4.  Review and modify the program established pursuant to subsection 3 as appropriate to provide recipients with as much independence and control over the provision of minimum essential personal assistance as is feasible.

    5.  Submit to each regular session of the legislature and make available to members of the public any recommendations for legislation to carry out section 9 of this act and to carry out or improve the program established pursuant to subsection 3.


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ê2001 Statutes of Nevada, Page 3108 (Chapter 596, SB 174)ê

 

    6.  Submit to each regular session of the legislature a report regarding the expenditure of any money received to carry out sections 2 to 11, inclusive, of this act, that must include information regarding:

    (a) The fiscal and other effects of services provided to carry out section 9 of this act;

    (b) The results of the program established pursuant to subsection 3; and

    (c) The percentage change in the number of residents of this state with severe functional disabilities who are able to avoid or leave institutional care as a result of the receipt of minimum essential personal assistance through community-based services.

    Sec. 11.  1.  The advisory committee on personal assistance for persons with severe functional disabilities is hereby created in the department.

    2.  The governor shall:

    (a) Solicit recommendations for the appointment of members to the advisory committee from organizations that are representative of a broad range of persons with disabilities and organizations interested in the provision of personal services to persons with functional disabilities.

    (b) Appoint to the advisory committee such members as he deems appropriate to represent a broad range of persons with disabilities from diverse backgrounds, including, without limitation, one or more persons who are representative of:

         (1) The Nevada commission on aging and seniors with disabilities.

         (2) The statewide independent living council established in this state pursuant to 29 U.S.C. § 796d.

         (3) The state council on developmental disabilities established in this state pursuant to section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000.

         (4) Centers for independent living established in this state.

         (5) Providers of personal services to persons with disabilities, including providers who receive state funding for that purpose.

         (6) Persons with disabilities who receive personal assistance services.

    3.  The majority of the members of the advisory committee must be persons with disabilities.

    4.  After the initial term, the term of each member is 2 years.

    5.  Members of the advisory committee serve without compensation, except that each member is entitled, while engaged in the business of the advisory committee, to the per diem allowance and travel expenses provided for state employees generally.

    6.  A majority of the members of the advisory committee constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the advisory committee.

    7.  The advisory committee shall:

    (a) At its first meeting and annually thereafter, elect a chairman from among its members.

    (b) Meet at the call of the director, the chairman or a majority of its members quarterly or as is necessary, within the budget of the advisory committee, to provide the director with appropriate assistance to carry out the provisions of section 9 of this act.


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ê2001 Statutes of Nevada, Page 3109 (Chapter 596, SB 174)ê

 

    Sec. 12.  As soon as practicable after the effective date of this act, the governor shall appoint to the advisory committee on personal assistance for persons with severe functional disabilities created pursuant to section 11 of this act:

    1.  To the extent feasible, half of its members to serve initial terms of 2 years; and

    2.  The remainder of its members to serve initial terms of 4 years.

    Sec. 13.  1.  There is hereby appropriated from the state general fund to the director of the department of employment, training and rehabilitation for per diem allowances and travel expenses of the advisory committee on personal assistance for persons with severe functional disabilities created pursuant to section 11 of this act:

For the fiscal year 2001-2002............................................................................................................. $5,000

For the fiscal year 2002-2003............................................................................................................. $5,000

    2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 14.  This act becomes effective upon passage and approval.

________

 

CHAPTER 597, SB 184

Senate Bill No. 184–Committee on Judiciary

 

CHAPTER 597

 

AN ACT relating to the judicial system; adjusting prospectively the salaries of supreme court justices and district court judges; creating a supreme court and a district court commission on law libraries; making appropriations; and providing other matters properly relating thereto.

 

[Approved: June 15, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 2.050 is hereby amended to read as follows:

    2.050  1.  Until the first Monday in January [1997,] 2003, the justices of the supreme court whose terms of office expire on the first Monday in January [1997] 2003 are entitled to receive an annual base salary of [$85,000.] $107,600. From and after the first Monday in January [1997,] 2003, their successors in office are entitled to receive [a salary of $107,600.] an annual base salary of $140,000.

    2.  Until the first Monday in January [1999,] 2005, the justices of the supreme court whose terms of office expire on the first Monday in January [1999] 2005 are entitled to receive an annual base salary of [$85,000.] $107,600. From and after the first Monday in January [1999,] 2005, their successors in office are entitled to receive [a salary of $107,600.] an annual base salary of $140,000.

    3.  Until the first Monday in January [2001, the justice] 2007, the justices of the supreme court whose [term] terms of office [expires] expire on the first Monday in January [2001 is] 2007 are entitled to receive an annual base salary of [$85,000.] $107,600. From and after the first Monday in January [2001, his successor] 2007, their successors in office [is] are entitled to receive [a salary of $107,600.


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ê2001 Statutes of Nevada, Page 3110 (Chapter 597, SB 184)ê

 

[2001, his successor] 2007, their successors in office [is] are entitled to receive [a salary of $107,600.

    4.  The justices elected pursuant to subsection 4 of NRS 2.030 and their respective successors are entitled to receive a salary of $107,600.] an annual base salary of $140,000.

    [5.]  4.  All salaries provided for in this section are payable in biweekly installments as other state officers are paid.

    Sec. 2.  NRS 2.060 is hereby amended to read as follows:

    2.060  1.  Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 22 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to three-fourths the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.

    2.  Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 5 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.

    3.  Any justice of the supreme court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable as provided in subsection 2.

    4.  Any justice who has retired pursuant to subsection 3 and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 22 years’ service for the maximum pension based upon the time he actually spends in the additional active service.

    5.  Any justice who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the public employees’ retirement system.

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

    7.  Any justice who desires to receive the benefits of this section must file with the state controller and the state treasurer an affidavit setting forth the fact that he is ending his service, the date and place of his birth, and the years he has served in any district court or the supreme court.

    8.  Upon such notice and filing of the affidavit, the state controller shall draw his warrant, payable to the justice who has thus ended his service, upon the state treasurer for the sum due to him, and the state treasurer shall pay the sum out of money provided by direct legislative appropriation.

    9.  The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any justice who may have ended his service pursuant to it.


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ê2001 Statutes of Nevada, Page 3111 (Chapter 597, SB 184)ê

 

    10.  As used in this section, “salary” includes a salary received for service on a supreme court commission created by statute.

    Sec. 3.  NRS 2.410 is hereby amended to read as follows:

    2.410  1.  The supreme court law library shall be under the supervision and control of the supreme court, which may make and enforce such rules and regulations as may be necessary for the government, use and services of the library. Such rules or regulations shall assure that the library is accessible for public use and to users in all parts of the state.

    2.  There is hereby created a supreme court commission on law libraries. The chief justice of the supreme court shall appoint justices of the supreme court who are interested in issues related to improving access by the public to the law and legal publications to serve on the commission.

    3.  The supreme court commission on law libraries shall:

    (a) Advise the supreme court concerning the government, use and services of the supreme court law library, including, without limitation, any decisions made by the supreme court pursuant to subsection 1 and NRS 2.420 and 2.430;

    (b) Coordinate the development of materials to aid persons who choose to represent themselves in litigation and other legal matters rather than retaining an attorney; and

    (c) Provide assistance and advice to the district court commission on law libraries during its existence concerning the government, use and services of county law libraries.

    4.  The commission shall meet at least quarterly and shall prepare and submit an annual report to the administrative office of the courts.

    5.  On January 6, 2003, the chief justice of the supreme court shall appoint two justices of the supreme court to serve terms on the supreme court commission on law libraries which begin on January 6, 2003, and end on January 2, 2005, and three justices to serve terms which begin on January 6, 2003, and end on December 31, 2006. If a justice appointed pursuant to this subsection to serve on the supreme court commission on law libraries ceases to be a justice of the supreme court, his term as a member of the supreme court commission on law libraries expires on the date that he ceases to be a justice of the supreme court. Such a vacancy on the supreme court commission on law libraries may only be filled by the person appointed to fill the vacancy on the supreme court and only for the remainder of the term for which he is appointed and actually serves.

    6.  Each member of the supreme court commission on law libraries who is appointed pursuant to subsection 5 is entitled to receive a salary of $32,400 for each year that he serves on the commission, payable in biweekly installments.

    Sec. 4.  Chapter 3 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  There is hereby created a district court commission on law libraries. The commission shall:

    (a) Make recommendations to and otherwise advise generally the boards of law library trustees established pursuant to chapter 380 of NRS concerning policies and procedures related to improving access by the public to the law and legal publications;

    (b) Coordinate the development of materials to aid persons who choose to represent themselves in litigation and other legal matters rather than retaining an attorney; and


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ê2001 Statutes of Nevada, Page 3112 (Chapter 597, SB 184)ê

 

    (c) In a county in which the board of county commissioners governs and manages a law library, make recommendations to and otherwise advise the board of county commissioners concerning any issues that arise as the board manages the law library, carries out its duties set forth in chapter 380 of NRS or exercises any power granted to a board of law library trustees pursuant to chapter 380 of NRS and concerning policies and procedures related to improving access by the public to the law and legal publications.

    2.  The district court commission on law libraries shall meet at least quarterly and shall prepare and submit an annual report to the administrative office of the courts.

    3.  On January 6, 2003, the:

    (a) Chief judge of the second judicial district shall appoint two district judges from the second judicial district to serve terms on the district court commission on law libraries which begin on January 6, 2003, and end on January 2, 2005; and

    (b) Chief judge of the eighth judicial district shall appoint six district judges from the eighth judicial district to serve terms on the district court commission on law libraries which begin on January 6, 2003, and end on January 2, 2005.

If a district judge appointed pursuant to this subsection to serve on the district court commission on law libraries ceases to be a district judge, his term as a member of the district court commission on law libraries expires on the date that he ceases to be a district judge. Such a vacancy on the district court commission on law libraries may only be filled by the person appointed to fill the vacancy on the district court and only for the remainder of the term for which he is appointed and actually serves.

    4.  On or after January 6, 2003, the chief judge of any other judicial district may appoint one district judge to serve on the district court commission on law libraries.

    5.  Each member of the district court commission on law libraries who was appointed pursuant to subsection 3 is entitled to receive a salary of $30,000 for each year that he serves on the commission, payable in biweekly installments.

    Sec. 5.  NRS 3.030 is hereby amended to read as follows:

    3.030  1.  Until the first Monday in January [1997,] 2003, the annual base salary of each district judge is [$79,000.] $100,000. From and after the first Monday in January [1997,] 2003, the annual base salary of each district judge is [$100,000.] $130,000.

    2.  If a district judge has served in his office for at least 4 years, he is entitled to an additional salary of 2 percent of his annual base salary for each year of service. The additional salary must not exceed 22 percent of his annual base salary.

    3.  The annual base salaries and the additional salary for longevity must be paid in biweekly installments out of the district judges’ salary account of the supreme court.

    4.  No salary of any district judge may be paid in advance.

    Sec. 6.  NRS 3.090 is hereby amended to read as follows:

    3.090  1.  Any judge of the district court who has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating 22 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to three-fourths the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.


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ê2001 Statutes of Nevada, Page 3113 (Chapter 597, SB 184)ê

 

from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to three-fourths the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.

    2.  Any judge of the district court who has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating 5 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.

    3.  Any judge of the district court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable as provided in subsection 2.

    4.  Any judge who has retired pursuant to subsection 3 and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 22 years’ service for the maximum pension based upon the time he actually spends in the additional active service.

    5.  Any district judge who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A retirement benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the public employees’ retirement system.

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

    7.  Any judge of the district court who desires to receive the benefits of this section must file with the state controller and the state treasurer an affidavit setting forth the fact that he is ending his service, the date and place of his birth, and the years he has served in any district court or the supreme court.

    8.  Upon such notice and filing of the affidavit, the state controller shall draw his warrant, payable to the judge who has thus ended his service, upon the state treasurer for the sum due to him, and the state treasurer shall pay the sum out of money provided by direct legislative appropriation.

    9.  The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any judge of the district court who may have ended his service pursuant to it.

    10.  As used in this section, “salary” includes a salary received for service on a district court commission created by statute.

    Sec. 7.  Section 9 of chapter 433, Statutes of Nevada 1997, at page 1532, as last amended by section 40 of chapter 105, Statutes of Nevada 1999, at page 459, is hereby amended to read as follows:

    Sec. 9.  1.  Sections 1 [to 6, inclusive,] , 2, 3, 5 and 6 of this act [,] expire by limitation on the date on which the qualified electors of this state approve a constitutional amendment that establishes an intermediate court of appeals within the State of Nevada.


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ê2001 Statutes of Nevada, Page 3114 (Chapter 597, SB 184)ê

 

    2.  Notwithstanding the provisions of subsection 1, the additional justices whose positions are abolished by the establishment of an intermediate court of appeals must be permitted to serve the remainder of the terms to which they were elected. At the end of those terms, the positions of the additional justices must be abolished, along with the positions of any staff hired directly to support the additional justices.

    Sec. 8.  1.  There is hereby appropriated from the state general fund to the district judges salary account the sum of $156,150 for the payment of the salaries of the members of the district court commission on law libraries.

    2.  There is hereby appropriated from the state general fund to the supreme court the sum of $97,538 for the payment of the salaries of the members of the supreme court commission on law libraries.

    3.  Any remaining balance of the appropriations made by subsections 1 and 2 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 9.  1.  This section and sections 1, 5 and 7 of this act become effective on October 1, 2001.

    2.  Section 8 of this act becomes effective on July 1, 2002.

    3.  Sections 2 and 3 of this act become effective on January 6, 2003, and expire by limitation on December 31, 2006.

    4.  Sections 4 and 6 of this act become effective on January 6, 2003, and expire by limitation on January 2, 2005.

________

 

CHAPTER 598, SB 377

Senate Bill No. 377–Committee on Human Resources and Facilities

 

CHAPTER 598

 

AN ACT relating to welfare; revising the provisions governing the payment of hospitals for treating a disproportionate share of Medicaid patients, indigent patients or other low-income patients; providing for the allocation and transfer of certain funding for the treatment of those patients; authorizing the imposition in certain counties of a temporary tax on the revenue of hospitals; requiring the legislative committee on health care to conduct a study regarding programs and funding for the treatment of those patients; and providing other matters properly relating thereto.

 

[Approved: June 15, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 422.382 is hereby amended to read as follows:

    422.382  1.  In a county within which:

    (a) A public hospital is located, the state or local government or other entity responsible for the public hospital shall transfer an amount equal to 75 percent of the total amount [of the payment made to the public] distributed to that hospital pursuant to NRS 422.387 [less $50,000] for a fiscal year, less $75,000, to the division of health care financing and policy.

    (b) A private hospital which receives a payment pursuant to:

         (1) Paragraph (b) of subsection 2 of NRS 422.387 is located, the county shall transfer [an] :


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ê2001 Statutes of Nevada, Page 3115 (Chapter 598, SB 377)ê

 

             (I) Except as otherwise provided in sub-subparagraph (II), an amount equal to 75 percent of the total amount distributed to that hospital pursuant to paragraph (b) of subsection 2 of NRS 422.387 for a fiscal year; or

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

to the division of health care financing and policy.

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

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

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

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

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

    3.  The money transferred to the division of health care financing and policy pursuant to subsection 1 must not come from any source of funding that could result in any reduction in revenue to the state pursuant to 42 U.S.C. § 1396b(w).

    4.  Any money collected pursuant to subsection 1, including any interest or penalties imposed for a delinquent payment, must be deposited in the state treasury for credit to the intergovernmental transfer account in the state general fund to be administered by the division of health care financing and policy.

    [4.] 5.  The interest and income earned on money in the intergovernmental transfer account, after deducting any applicable charges, must be credited to the account.

    Sec. 2.  NRS 422.385 is hereby amended to read as follows:

    422.385  1.  The allocations and payments required pursuant to subsections 1 and 2 of NRS 422.387 must be made, to the extent allowed by the state plan for Medicaid, from the Medicaid budget account.

    2.  Except as otherwise provided in subsection 3 [,] and subsection 3 of NRS 422.387, the money in the intergovernmental transfer account must be transferred from that account to the Medicaid budget account to the extent that money is available from the Federal Government for proposed expenditures, including expenditures for administrative costs. If the amount in the account exceeds the amount authorized for expenditure by the division of health care financing and policy for the purposes specified in NRS 422.387, the division of health care financing and policy is authorized to expend the additional revenue in accordance with the provisions of the state plan for Medicaid.

    3.  If enough money is available to support Medicaid [,] and to make the payments required by subsection 3 of NRS 422.387, money in the intergovernmental transfer account may be transferred [to] :

    (a) To an account established for the provision of health care services to uninsured children pursuant to a federal program in which at least 50 percent of the cost of such services is paid for by the Federal Government, including, without limitation, the children’s health insurance program [, if enough money is available to continue to satisfy existing obligations of the Medicaid program or to] ; or


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ê2001 Statutes of Nevada, Page 3116 (Chapter 598, SB 377)ê

 

of the cost of such services is paid for by the Federal Government, including, without limitation, the children’s health insurance program [, if enough money is available to continue to satisfy existing obligations of the Medicaid program or to] ; or

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

    Sec. 3.  NRS 422.387 is hereby amended to read as follows:

    422.387  1.  Before making the payments required or authorized by this section, the division of health care financing and policy shall allocate money for the administrative costs necessary to carry out the provisions of NRS 422.380 to 422.390, inclusive. The amount allocated for administrative costs must not exceed the amount authorized for expenditure by the legislature for this purpose in a fiscal year. The interim finance committee may adjust the amount allowed for administrative costs.

    2.  The state plan for Medicaid must provide:

    (a) For the payment of the maximum amount allowable under federal law and regulations after making [a payment, if any,] any payments pursuant to [paragraph (b),] paragraphs (b) and (c), to public hospitals for treating a disproportionate share of Medicaid patients, indigent patients or other low-income patients, unless such payments are subsequently limited by federal law or regulation.

    (b) For a payment in an amount approved by the legislature to the private hospital that provides the largest volume of medical care to Medicaid patients, indigent patients or other low-income patients in a county that does not have a public hospital.

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

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

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

The plan must be consistent with the provisions of NRS 422.380 to 422.390, inclusive, and Title XIX of the Social Security Act , [(] 42 U.S.C. §§ 1396 et seq. , [.),] and the regulations adopted pursuant to those provisions.

    3.  [The division of health care financing and policy may, with the approval of the director, amend the state plan for Medicaid to modify the methodology for establishing the rates of payment to public hospitals for inpatient services, except that such amendments must not reduce the total reimbursements to public hospitals for such services.] To the extent that money is available in the intergovernmental transfer account, the division of health care financing and policy shall distribute $50,000 from that account each fiscal year to each public hospital which:

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

    (b) Is not eligible for a payment pursuant to subsection 2.

    4.  As used in this section:

    (a) “Medicaid utilization percentage” means the total number of days of treatment of Medicaid patients, including patients who receive their Medicaid benefits through a health maintenance organization, divided by the total number of days of treatment of all patients during a fiscal year.


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ê2001 Statutes of Nevada, Page 3117 (Chapter 598, SB 377)ê

 

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

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

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

    Sec. 4.  1.  Except as otherwise provided in subsection 2:

    (a) The state plan for Medicaid must allocate to:

         (1) Any private hospital in a county whose population is 100,000 or more that is qualified to receive a payment pursuant to paragraph (b) of subsection 2 of NRS 422.387, $4,800,000 or the amount of the uncompensated costs of the hospital as defined in the state plan for Medicaid, whichever is less, for the fiscal year 2001-2002 and for the fiscal year 2002-2003.

         (2) Any private hospital in a county whose population is 50,000 or more but less than 100,000 that is qualified to receive a payment pursuant to paragraph (b) of subsection 2 of NRS 422.387, $4,000,000 or the amount of the uncompensated costs of the hospital as defined in the state plan for Medicaid, whichever is less, for the fiscal year 2001-2002 and for the fiscal year 2002-2003.

         (3) Any private hospital in a county whose population is 40,000 or more but less than 50,000 that is qualified to receive a payment pursuant to paragraph (b) of subsection 2 of NRS 422.387, $2,000,000 or the amount of the uncompensated costs of the hospital as defined in the state plan for Medicaid, whichever is less, for the fiscal year 2001-2002 and for the fiscal year 2002-2003.

         (4) Any private hospital in a county whose population is less than 40,000 that is qualified to receive a payment pursuant to paragraph (b) of subsection 2 of NRS 422.387, $1,000,000 or the amount of the uncompensated costs of the hospital as defined in the state plan for Medicaid, whichever is less, for the fiscal year 2001-2002 and for the fiscal year 2002-2003.

    (b) If a private hospital receives a payment pursuant to paragraph (a), the county within which the hospital is located shall transfer to the division of health care financing and policy of the department of human resources:

         (1) If the payment was received pursuant to subparagraph (1) of that paragraph, $1,500,000 for the fiscal year 2001-2002 and for the fiscal year 2002-2003.

         (2) If the payment was received pursuant to subparagraph (2) of that paragraph, $3,000,000 or 75 percent of the amount received by the hospital, whichever is less, for the fiscal year 2001-2002 and for the fiscal year 2002-2003.

         (3) If the payment was received pursuant to subparagraph (3) of that paragraph, $1,500,000 or 75 percent of the amount received by the hospital, whichever is less, for the fiscal year 2001-2002 and for the fiscal year 2002-2003.

         (4) If the payment was received pursuant to subparagraph (4) of that paragraph, $750,000 or 75 percent of the amount received by the hospital, whichever is less, for the fiscal year 2001-2002 and for the fiscal year 2002-2003.

    2.  If federal law changes the amount payable pursuant to paragraph (a) of subsection 2 of NRS 422.387:


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ê2001 Statutes of Nevada, Page 3118 (Chapter 598, SB 377)ê

 

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

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

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

    Sec. 6.  1.  The board of county commissioners of a county within which is located only one private hospital or one group of affiliated hospitals and which makes a transfer of money pursuant to paragraph (b) of subsection 1 of NRS 422.382 may impose a tax on the revenue of those hospitals during the fiscal years 2001-2002 and 2002-2003 at a rate that does not exceed 6 percent of that revenue, to pay for indigent care.

    2.  The proceeds of the tax imposed pursuant to this section are exempt from the limitations imposed by NRS 354.59811 and must be excluded in determining the allowed revenue from taxes ad valorem for the county.

    Sec. 7.  1.  The legislative committee on health care shall conduct a study of:

    (a) The programs conducted in this state for the provision of medical care to Medicaid patients, indigent patients and other low-income patients; and

    (b) The methodology used in determining the amount and distribution of payments made to public and private hospitals pursuant to NRS 422.387.

    2.  The study must review:

    (a) The sources of funding used for the provision of medical care to Medicaid patients, indigent patients and other low-income patients, including any applicable federal, state and local governmental programs;

    (b) The costs to provide medical care to Medicaid patients, indigent patients and other low-income patients, and the extent to which the sources of funding identified pursuant to paragraph (a) are sufficient to pay those costs;

    (c) 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;

    (d) The statewide effect of the provisions of NRS 439B.300 to 439B.340, inclusive, on the provision of medical care to Medicaid patients, indigent patients and other low-income patients;

    (e) The policies employed by counties to administer the provisions of NRS 439B.300 to 439B.340, inclusive;

    (f) Whether the amendment of the provisions of NRS 439B.300 to 439B.340, inclusive, to provide for a direct tax would enable the state to increase any revenue from other sources for the provision of medical care to Medicaid patients, indigent patients and other low-income patients;

    (g) Whether it is feasible for the state to provide for the reimbursement of public hospitals for the provision of medical care to Medicaid patients on a cost basis as a means to increase any revenue from other sources for the provision of that care;


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ê2001 Statutes of Nevada, Page 3119 (Chapter 598, SB 377)ê

 

    (h) Whether it is feasible to redistribute payments to increase payments to hospitals located in rural counties, including hospitals that are not currently eligible for payments pursuant to NRS 422.387; and

    (i) Alternative methodologies for providing funding for the provision of medical care to Medicaid patients, indigent patients and other low-income patients in Washoe County.

    3.  The legislative committee on health care shall request such relevant information from public and private hospitals, counties and other entities as is necessary to conduct the study. A hospital, county or other entity that receives such a request from the committee shall provide the appropriate information. Any such information obtained by the committee may be used only for the purpose of conducting the study.

    Sec. 8.  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. 9.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 599, SB 399

Senate Bill No. 399–Senator Care

 

CHAPTER 599

 

AN ACT relating to education; prohibiting an existing public school or home school from converting to a charter school; prohibiting a charter school from operating for profit; creating the fund for charter schools; providing for the sponsorship of charter schools by the state board of education; revising the collective bargaining provisions applicable to charter school employees who are on a leave of absence from a school district; revising provisions governing the formation, operation and personnel of charter schools; authorizing the boards of trustees of school districts and the governing bodies of charter schools to provide programs of distance education for certain pupils; requiring the state board to adopt regulations prescribing the requirements of programs of distance education; revising the provisions governing the apportionments of money from the state distributive school account to provide for the payment of money for pupils who are enrolled in programs of distance education; providing that certain property of charter schools and certain property leased or rented to charter schools is exempt from taxation; extending the prospective removal of the limit on the number of charter schools that may be formed; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 15, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 385.347 is hereby amended to read as follows:

    385.347  1.  The board of trustees of each school district in this state, in cooperation with associations recognized by the state board as representing licensed personnel in education in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the state board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools in the school district. The board of trustees of a school district shall report the information required by subsection 2 for each charter school within the school district, regardless of the sponsor of the charter school.


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ê2001 Statutes of Nevada, Page 3120 (Chapter 599, SB 399)ê

 

subsection 2 for each charter school within the school district, regardless of the sponsor of the charter school.

    2.  The board of trustees of each school district shall, on or before March 31 of each year, report to the residents of the district concerning:

    (a) The educational goals and objectives of the school district.

    (b) Pupil achievement for grades 4, 8, 10 and 11 for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

Unless otherwise directed by the department, the board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and shall compare the results of those examinations for the current school year with those of previous school years. The report must include, for each school in the district, including, without limitation, each charter school in the district, and each grade in which the examinations were administered:

         (1) The number of pupils who took the examinations;

         (2) An explanation of instances in which a school was exempt from administering or a pupil was exempt from taking an examination; and

         (3) A record of attendance for the period in which the examinations were administered, including an explanation of any difference in the number of pupils who took the examinations and the number of pupils who are enrolled in the school.

In addition, the board shall also report the results of other examinations of pupil achievement administered to pupils in the school district in grades other than 4, 8, 10 and 11. The results of these examinations for the current school year must be compared with those of previous school years.

    (c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school in the district, the average class size for each required course of study for each secondary school in the district and the district as a whole, including, without limitation, each charter school in the district, and other data concerning licensed and unlicensed employees of the school district.

    (d) The percentage of classes taught by teachers who have been assigned to teach English, mathematics, science or social studies but do not possess a license with an endorsement to teach in that subject area, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

    (e) The total expenditure per pupil for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

    (f) The curriculum used by the school district, including:

         (1) Any special programs for pupils at an individual school; and

         (2) The curriculum used by each charter school in the district.

    (g) Records of the attendance and truancy of pupils in all grades, including, without limitation, the average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

    (h) The annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole, excluding pupils who:


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ê2001 Statutes of Nevada, Page 3121 (Chapter 599, SB 399)ê

 

         (1) Provide proof to the school district of successful completion of the examinations of general educational development.

         (2) Are enrolled in courses that are approved by the department as meeting the requirements for an adult standard diploma.

         (3) Withdraw from school to attend another school.

    (i) Records of attendance of teachers who provide instruction, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

    (j) Efforts made by the school district and by each school in the district, including, without limitation, each charter school in the district, to increase:

         (1) Communication with the parents of pupils in the district; and

         (2) The participation of parents in the educational process and activities relating to the school district and each school, including, without limitation, the existence of parent organizations and school advisory committees.

    (k) Records of incidents involving weapons or violence for each school in the district, including, without limitation, each charter school in the district.

    (l) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district, including, without limitation, each charter school in the district.

    (m) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.

    (n) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

    (o) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.125, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

    (p) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school in the district. For the purposes of this paragraph, a pupil is not transient if he is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

    (q) Each source of funding for the school district.

    (r) The amount and sources of money received for remedial education for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

    (s) For each high school in the district, including, without limitation, each charter school in the district, the percentage of pupils who graduated from that high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university or community college within the University and Community College System of Nevada.

    (t) The technological facilities and equipment available at each school, including, without limitation, each charter school, and the district’s plan to incorporate educational technology at each school.

    (u) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who graduate with:

         (1) A standard high school diploma.

         (2) An adjusted diploma.

         (3) A certificate of attendance.


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ê2001 Statutes of Nevada, Page 3122 (Chapter 599, SB 399)ê

 

    (v) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.

    (w) The number of habitual truants who are reported to a school police officer or law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each school in the district and for the district as a whole.

    (x) The amount and sources of money received for the training and professional development of teachers and other educational personnel for each school in the district and for the district as a whole, including, without limitation, each charter school in the district.

    (y) Such other information as is directed by the superintendent of public instruction.

    3.  The records of attendance maintained by a school for purposes of paragraph (i) of subsection 2 must include the number of teachers who are in attendance at school and the number of teachers who are absent from school. A teacher shall be deemed in attendance if the teacher is excused from being present in the classroom by the school in which he is employed for one of the following reasons:

    (a) Acquisition of knowledge or skills relating to the professional development of the teacher; or

    (b) Assignment of the teacher to perform duties for cocurricular or extracurricular activities of pupils.

    4.  The superintendent of public instruction shall:

    (a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.

    (b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts.

    (c) Consult with a representative of the:

         (1) Nevada State Education Association;

         (2) Nevada Association of School Boards;

         (3) Nevada Association of School Administrators;

         (4) Nevada Parent Teachers Association;

         (5) Budget division of the department of administration; and

         (6) Legislative counsel bureau,

concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

    5.  The superintendent of public instruction may consult with representatives of parent groups other than the Nevada Parent Teachers Association concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

    6.  On or before April 15 of each year, the board of trustees of each school district shall submit to each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required in paragraph (g) of subsection 2.


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ê2001 Statutes of Nevada, Page 3123 (Chapter 599, SB 399)ê

 

    Sec. 2.  NRS 385.363 is hereby amended to read as follows:

    385.363  1.  The department shall, on or before April 1 of each year:

    [1.] (a) Evaluate the information submitted by each school district pursuant to paragraphs (b) and (g) of subsection 2 of NRS 385.347; and

    [2.] (b) Except as otherwise provided in subsection [3] 2 and NRS 385.364, based upon its evaluation and in accordance with the criteria set forth in NRS 385.365 and 385.367, designate each public school within each school district as:

    [(a)] (1) Demonstrating exemplary achievement;

    [(b)] (2) Demonstrating high achievement;

    [(c)] (3) Demonstrating adequate achievement; or

    [(d)] (4) Demonstrating need for improvement.

    [3.] 2.  The department shall adopt regulations that set forth the conditions under which the department will not designate a public school pursuant to this section because the school:

    (a) Has too few pupils enrolled in a grade level that is tested pursuant to NRS 389.015;

    (b) Serves only pupils with disabilities;

    (c) Operates only as an alternative program for the education of pupils at risk of dropping out of high school [;] , including, without limitation, a program of distance education for pupils at risk of dropping out of high school provided pursuant to sections 35 to 49, inclusive, of this act; or

    (d) Is operated within a:

         (1) Youth training center;

         (2) Youth center;

         (3) Juvenile forestry camp;

         (4) Detention home;

         (5) Youth camp;

         (6) Juvenile correctional institution; or

         (7) Correctional institution.

    Sec. 3.  Chapter 386 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 10, inclusive, of this act.

    Sec. 4.  The provisions of NRS 386.500 to 386.610, inclusive, and sections 4 to 10, inclusive, of this act do not authorize an existing public school, home school or other program of home study to convert to a charter school.

    Sec. 5.  A charter school shall not operate for profit.

    Sec. 6.  1.  Unless otherwise authorized by specific statute, it is unlawful for a member of the board of trustees of a school district or an employee of a school district to solicit or accept any gift or payment of money on his own behalf or on behalf of the school district or for any other purpose from a member of a committee to form a charter school, the governing body of a charter school, or any officer or employee of a charter school.

    2.  This section does not prohibit the payment of a salary or other compensation or income to a member of the board of trustees or an employee of a school district for services provided in accordance with a contract made pursuant to NRS 386.560.

    3.  A person who violates subsection 1 shall be punished for a misdemeanor.


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ê2001 Statutes of Nevada, Page 3124 (Chapter 599, SB 399)ê

 

    Sec. 7.  1.  If a charter school provides instruction to pupils enrolled in a high school grade level and the charter school requires those pupils to satisfy requirements for graduation from high school that are less than the requirements imposed by the school district in which the charter school is located, the charter school shall not issue a high school diploma of the school district but may issue a high school diploma which clearly indicates that it is a diploma issued by a charter school. If a charter school requires its pupils to satisfy requirements for graduation from high school that meet or exceed the requirements of the school district in which the charter school is located, the charter school may issue a high school diploma of the school district or a high school diploma of the charter school.

    2.  A charter school shall submit the form for a diploma of the charter school to the department for approval if the form differs from the form of the school district in which the charter school is located.

    3.  The provisions of this section do not authorize a charter school to impose requirements for graduation from high school that are less than the requirements of the applicable state statutes and regulations.

    Sec. 8.  1.  The fund for charter schools is hereby created in the state treasury as a revolving loan fund, to be administered by the department.

    2.  The money in the revolving fund must be invested as other state funds are invested. All interest and income earned on the money in the revolving fund must be credited to the revolving fund. Any money remaining in the revolving fund at the end of a fiscal year does not revert to the state general fund, and the balance in the fund must be carried forward.

    3.  All payments of principal and interest on all the loans made to a charter school from the revolving fund must be deposited in the state treasury for credit to the revolving fund.

    4.  Claims against the revolving fund must be paid as other claims against the state are paid.

    5.  The department may accept gifts, grants, bequests and donations from any source for deposit in the revolving fund.

    Sec. 9.  1.  After deducting the costs directly related to administering the fund for charter schools, the department may use the money in the fund for charter schools, including repayments of principal and interest on loans made from the fund, and interest and income earned on money in the fund, only to make loans at or below market rate to charter schools for the costs incurred:

    (a) In preparing a charter school to commence its first year of operation; and

    (b) To improve a charter school that has been in operation.

    2.  The total amount of a loan that may be made to a charter school in 1 year must not exceed $25,000.

    Sec. 10.  1.  If the governing body of a charter school has a written charter issued pursuant to NRS 386.527, the governing body may submit an application to the department for a loan from the fund for charter schools. An application must include a written description of the manner in which the loan will be used to prepare the charter school for its first year of operation or to improve a charter school that has been in operation.

    2.  The department shall, within the limits of money available for use in the fund, make loans to charter schools whose applications have been approved. If the department makes a loan from the fund, the department shall ensure that the contract for the loan includes all terms and conditions for repayment of the loan.


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ê2001 Statutes of Nevada, Page 3125 (Chapter 599, SB 399)ê

 

shall ensure that the contract for the loan includes all terms and conditions for repayment of the loan.

    3.  The state board:

    (a) Shall adopt regulations that prescribe the:

         (1) Annual deadline for submission of an application to the department by a charter school that desires to receive a loan from the fund; and

         (2) Period for repayment and the rate of interest for loans made from the fund.

    (b) May adopt such other regulations as it deems necessary to carry out the provisions of this section and sections 8 and 9 of this act.

    Sec. 11.  NRS 386.500 is hereby amended to read as follows:

    386.500  For the purposes of NRS 386.500 to 386.610, inclusive, and sections 4 to 10, inclusive, of this act, a pupil is “at risk” if he has an economic or academic disadvantage such that he requires special services and assistance to enable him to succeed in educational programs. The term includes, without limitation, pupils who are members of economically disadvantaged families, pupils with limited proficiency in the English language, pupils who are at risk of dropping out of high school and pupils who do not meet minimum standards of academic proficiency. The term does not include a pupil with a disability.

    Sec. 12.  NRS 386.505 is hereby amended to read as follows:

    386.505  The legislature declares that by authorizing the formation of charter schools it is not authorizing:

    1.  The [establishment of a charter school as a justification to keep open] conversion of an existing public school [that would otherwise be closed;] , home school or other program of home study to a charter school.

    2.  A means for providing financial assistance for private schools or programs of home study . [; or] The provisions of this subsection do not preclude a private school from ceasing to operate as a private school and reopening as a charter school in compliance with the provisions of NRS 386.500 to 386.610, inclusive, and sections 4 to 10, inclusive, of this act.

    3.  The formation of charter schools on the basis of a single race, religion or ethnicity.

    Sec. 13.  NRS 386.515 is hereby amended to read as follows:

    386.515  1.  The board of trustees of a school district may apply to the department for authorization to sponsor charter schools within the school district. An application must be approved by the department before the board of trustees may sponsor a charter school. Not more than 180 days after receiving approval to sponsor charter schools, the board of trustees shall provide public notice of its ability to sponsor charter schools and solicit applications for charter schools.

    2.  The state board shall sponsor charter schools whose applications have been approved by the state board pursuant to NRS 386.525.

    Sec. 14.  NRS 386.520 is hereby amended to read as follows:

    386.520  1.  A committee to form a charter school must consist of at least three teachers, as defined in [NRS 391.311, alone or in combination with:

    (a) Ten or more members] subsection 4. In addition to the teachers who serve, the committee may consist of:

    (a) Members of the general public;


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ê2001 Statutes of Nevada, Page 3126 (Chapter 599, SB 399)ê

 

    (b) Representatives of [an organization devoted to service to the general public;

    (c) Representatives of a private business; or

    (d)] nonprofit organizations and businesses; or

    (c) Representatives of a college or university within the University and Community College System of Nevada.

A majority of the persons described in paragraphs (a), (b) and (c) who serve on the committee must be residents of this state at the time that the application to form the charter school is submitted to the department.

    2.  Before a committee to form a charter school may submit an application to the board of trustees of a school district, the subcommittee on charter schools or the state board, it must submit the application to the department. The application must include all information prescribed by the department by regulation and:

    (a) A written description of how the charter school will carry out the provisions of NRS 386.500 to 386.610, inclusive [.] , and sections 4 to 10, inclusive, of this act.

    (b) A written description of the mission and goals for the charter school. A charter school must have as its stated purpose at least one of the following goals:

         (1) Improving the opportunities for pupils to learn;

         (2) Encouraging the use of effective methods of teaching;

         (3) Providing an accurate measurement of the educational achievement of pupils;

         (4) Establishing accountability of public schools;

         (5) Providing a method for public schools to measure achievement based upon the performance of the schools; or

         (6) Creating new professional opportunities for teachers.

    (c) The projected enrollment of pupils in the charter school.

    (d) The proposed dates of enrollment for the charter school.

    (e) The proposed system of governance for the charter school, including, without limitation, the number of persons who will govern, the method of selecting the persons who will govern and the term of office for each person.

    (f) The method by which disputes will be resolved between the governing body of the charter school and the sponsor of the charter school.

    (g) The proposed curriculum for the charter school [.] and, if applicable to the grade level of pupils who are enrolled in the charter school, the requirements for the pupils to receive a high school diploma, including, without limitation, whether those pupils will satisfy the requirements of the school district in which the charter school is located for receipt of a high school diploma.

    (h) The textbooks that will be used at the charter school.

    (i) The qualifications of the persons who will provide instruction at the charter school.

    (j) Except as otherwise required by NRS 386.595, the process by which the governing body of the charter school will negotiate employment contracts with the employees of the charter school.

    (k) A financial plan for the operation of the charter school. The plan must include, without limitation, procedures for the audit of the programs and finances of the charter school and guidelines for determining the financial liability if the charter school is unsuccessful.


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    (l) A statement of whether the charter school will provide for the transportation of pupils to and from the charter school. If the charter school will provide transportation, the application must include the proposed plan for the transportation of pupils. If the charter school will not provide transportation, the application must include a statement that the charter school will work with the parents and guardians of pupils enrolled in the charter school to develop a plan for transportation to ensure that pupils have access to transportation to and from the charter school.

    (m) The procedure for the evaluation of teachers of the charter school, if different from the procedure prescribed in NRS 391.3125. If the procedure is different from the procedure prescribed in NRS 391.3125, the procedure for the evaluation of teachers of the charter school must provide the same level of protection and otherwise comply with the standards for evaluation set forth in NRS 391.3125.

    (n) The time by which certain academic or educational results will be achieved.

    (o) The kind of school, as defined in subsections 1 to 4, inclusive, of NRS 388.020, for which the charter school intends to operate.

    3.  The department shall review an application to form a charter school to determine whether it is complete. If an application proposes to convert an existing public school, home school or other program of home study into a charter school, the department shall deny the application. The department shall provide written notice to the applicant of its approval or denial of the application. If the department denies an application, the department shall include in the written notice the reason for the denial and the deficiencies in the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.

    4.  As used in subsection 1, “teacher” means a person who:

    (a) Holds a current license to teach issued pursuant to chapter 391 of NRS; and

    (b) Has at least 2 years of experience as an employed teacher.

The term does not include a person who is employed as a substitute teacher.

    Sec. 15.  NRS 386.525 is hereby amended to read as follows:

    386.525  1.  Upon approval of an application by the department, a committee to form a charter school may submit the application to the board of trustees of the school district in which the proposed charter school will be located. If applicable, a committee may submit an application directly to the subcommittee on charter schools pursuant to subsection 4. If the board of trustees of a school district receives an application to form a charter school, it shall consider the application at [its next] a regularly scheduled meeting [, but] that must be held not later than [14] 30 days after the receipt of the application, and ensure that notice of the meeting has been provided pursuant to chapter 241 of NRS. The board of trustees , the subcommittee on charter schools or the state board, as applicable, shall review [the] an application to determine whether the application:

    (a) Complies with NRS 386.500 to 386.610, inclusive, and sections 4 to 10, inclusive, of this act and the regulations applicable to charter schools; and

    (b) Is complete in accordance with the regulations of the department.


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    2.  The department shall assist the board of trustees of a school district in the review of an application. The board of trustees [shall] may approve an application if it satisfies the requirements of paragraphs (a) and (b) of subsection 1. The board of trustees shall provide written notice to the applicant of its approval or denial of the application.

    3.  If the board of trustees denies an application, it shall include in the written notice the reasons for the denial and the deficiencies in the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.

    4.  If the board of trustees denies an application after it has been resubmitted pursuant to subsection 3, the applicant may submit a written request for sponsorship by the state board to the subcommittee on charter schools created pursuant to NRS 386.507 [,] not more than 30 days after receipt of the written notice of denial . [, to direct the board of trustees to reconsider the application. The subcommittee shall consider requests for reconsideration in the order in which they are received.] If an applicant proposes to form a charter school exclusively for the enrollment of pupils who receive special education pursuant to NRS 388.440 to 388.520, inclusive, the applicant may submit the written request and application directly to the subcommittee without first seeking approval from the board of trustees of a school district. Any request that is submitted pursuant to this subsection must be accompanied by the application to form the charter school.

    5.  If the subcommittee receives [such a request,] a request pursuant to subsection 4, it shall hold a meeting to consider the request [at its next regularly scheduled meeting and ensure that notice] and the application. The meeting must be held not later than 30 days after receipt of the application. Notice of the meeting [is] must be posted in accordance with chapter 241 of NRS. [Not more than 30 days after the meeting, the subcommittee shall provide written notice of its determination to the applicant and to the board of trustees. If the subcommittee denies the request for reconsideration, the applicant may, not more than 30 days after the receipt of the written notice from the subcommittee, appeal the determination to the district court of the county in which the proposed charter school will be located.

    5.  If the subcommittee on charter schools grants a request to direct reconsideration, the written notice to the board of trustees of the school district that denied the application must include, without limitation, instructions to the board of trustees concerning the reconsideration of the application. Not more than 30 days after receipt of the written notice from the subcommittee directing the reconsideration, the board of trustees shall reconsider the application in accordance with the instructions of the subcommittee, make a final determination on the application and provide written notice of the determination to the applicant. If, upon reconsideration of the application, the board of trustees] The subcommittee shall review the application in accordance with the factors set forth in paragraphs (a) and (b) of subsection 1. The subcommittee shall approve an application if it satisfies the requirements of paragraphs (a) and (b) of subsection 1.

    6.  The subcommittee shall transmit the application and the recommendation of the subcommittee for approval or denial of the application to the state board. Not more than 14 days after the date of the meeting of the subcommittee pursuant to subsection 5, the state board shall hold a meeting to consider the recommendation of the subcommittee.


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hold a meeting to consider the recommendation of the subcommittee. Notice of the meeting must be posted in accordance with chapter 241 of NRS. The state board shall review the application in accordance with the factors set forth in paragraphs (a) and (b) of subsection 1. The state board shall approve an application if it satisfies the requirements of paragraphs (a) and (b) of subsection 1. Not more than 30 days after the meeting, the state board shall provide written notice of its determination to the applicant.

    7.  If the state board denies the application, the applicant may, not more than 30 days after the receipt of the written notice from the [board of trustees,] state board, appeal the final determination to the district court of the county in which the proposed charter school will be located.

    Sec. 16.  NRS 386.527 is hereby amended to read as follows:

    386.527  1.  [Except as otherwise provided in subsection 3, if] If the state board or the board of trustees of a school district approves an application to form a charter school, it shall grant a written charter to the applicant. The state board or the board of trustees , as applicable, shall, not later than 10 days after the approval of the application, provide written notice to the department of the approval and the date of the approval. [The] If the board of trustees [that] approves the application , the board of trustees shall be deemed the sponsor of the charter school. [A] If the state board approves the application:

    (a) The state board shall be deemed the sponsor of the charter school.

    (b) Neither the State of Nevada, the state board nor the department is an employer of the members of the governing body of the charter school or any of the employees of the charter school.

    2.  Except as otherwise provided in subsection 4, a written charter must be for a term of 6 years unless the governing body of a charter school renews its initial charter after 3 years of operation pursuant to subsection 2 of NRS 386.530. A written charter must include all conditions of operation set forth in paragraphs (a) to [(n),] (o), inclusive, of subsection 2 of NRS 386.520 [.] and include the kind of school, as defined in subsections 1 to 4, inclusive, of NRS 388.020 for which the charter school is authorized to operate. If the state board is the sponsor of the charter school, the written charter must set forth the responsibilities of the sponsor and the charter school with regard to the provision of services and programs to pupils with disabilities who are enrolled in the charter school in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and NRS 388.440 to 388.520, inclusive. As a condition of the issuance of a written charter pursuant to this subsection, the charter school must agree to comply with all conditions of operation set forth in NRS 386.550.

    [2.] 3.  The governing body of a charter school may submit to the sponsor of the charter school a written request for an amendment of the written charter of the charter school. Such an amendment may include, without limitation, the expansion of instruction and other educational services to pupils who are enrolled in grade levels other than the grade levels of pupils currently enrolled in the charter school if the expansion of grade levels does not change the kind of school, as defined in NRS 388.020, for which the charter school is authorized to operate. If the proposed amendment complies with the provisions of this section, NRS 386.500 to 386.610, inclusive, and sections 4 to 10, inclusive, of this act, and any other statute or regulation applicable to charter schools, the sponsor shall amend the written charter in accordance with the proposed amendment.


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and any other statute or regulation applicable to charter schools, the sponsor shall amend the written charter in accordance with the proposed amendment.

    [3.  If the board of trustees of a school district is considering an application to form a charter school and determines that the applicant is not yet eligible for the issuance of a charter pursuant to subsection 1, it may, if applicable, hold the application in abeyance and grant a conditional charter to the applicant if the applicant:

    (a) Has not obtained a building, equipment or personnel for the charter school; and

    (b) Submits proof satisfactory to the entity which is considering the application that acceptance of the application is necessary to obtain the building, equipment or personnel for the charter school.

The board of trustees of a school district that grants a conditional charter pursuant to this subsection shall provide written notice to the state board of its action.

    4.  A conditional charter expires 1 year after its issuance and is nonrenewable. The holder of a conditional charter shall not operate a charter school and is not eligible to receive any public school money for the operation of a charter school. Before the expiration of a conditional charter, the holder of the conditional charter may submit a supplemental application and request the board of trustees that granted the conditional charter to determine whether the holder is eligible for the issuance of a charter pursuant to subsection 1. The board of trustees shall consider such a request as soon as is practicable.] If a charter school wishes to expand the instruction and other educational services offered by the charter school to pupils who are enrolled in grade levels other than the grade levels of pupils currently enrolled in the charter school and the expansion of grade levels changes the kind of school, as defined in NRS 388.020, for which the charter school is authorized to operate, the charter school must submit a new application to form a charter school.

    4.  The state board shall adopt objective criteria for the issuance of a written charter to an applicant who is not prepared to commence operation on the date of issuance of the written charter. The criteria must include, without limitation, the:

    (a) Period for which such a written charter is valid; and

    (b) Timelines by which the applicant must satisfy certain requirements demonstrating its progress in preparing to commence operation.

A holder of such a written charter may apply for grants of money to prepare the charter school for operation. A written charter issued pursuant to this subsection must not be designated as a conditional charter or a provisional charter or otherwise contain any other designation that would indicate the charter is issued for a temporary period.

    5.  The holder of a written charter that is issued pursuant to subsection 4 shall not commence operation of the charter school and is not eligible to receive apportionments pursuant to NRS 387.124 until the sponsor has determined that the requirements adopted by the state board pursuant to subsection 4 have been satisfied and that the facility the charter school will occupy has been inspected and meets the requirements of any applicable building codes, codes for the prevention of fire, and codes pertaining to safety, health and sanitation. Except as otherwise provided in this subsection, the sponsor shall make such a determination 30 days before the first day of school for the:


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    (a) Schools of the school district in which the charter school is located that operate on a traditional school schedule and not a year-round school schedule; or

    (b) Charter school,

whichever date the sponsor selects. The sponsor shall not require a charter school to demonstrate compliance with the requirements of this subsection more than 30 days before the date selected. However, it may authorize a charter school to demonstrate compliance less than 30 days before the date selected.

    Sec. 17.  NRS 386.540 is hereby amended to read as follows:

    386.540  1.  The department shall adopt regulations that prescribe:

    (a) The process for submission of an application by the board of trustees of a school district to the department for authorization to sponsor charter schools and the contents of the application;

    (b) The process for submission of an application to form a charter school to the department [and to] , the board of trustees of a school district [,] and the subcommittee on charter schools, and the contents of the application;

    (c) The process for submission of an application to renew a written charter; and

    (d) The criteria and type of investigation that must be applied by the board of trustees , the subcommittee on charter schools and the state board in determining whether to approve an application to form a charter school or an application to renew a written charter.

    2.  The department may adopt regulations as it determines are necessary to carry out the provisions of NRS 386.500 to 386.610, inclusive, and sections 4 to 10, inclusive, of this act, including, without limitation, regulations that prescribe the procedures for accounting, budgeting and annual audits of charter schools.

    Sec. 18.  NRS 386.549 is hereby amended to read as follows:

    386.549  1.  The governing body of a charter school [shall] must consist of at least three teachers, as defined in [NRS 391.311,] subsection 4, and may consist of, without limitation, parents and representatives of nonprofit organizations and businesses. A majority of the members of the governing body must reside in this state. If the membership of the governing body changes, the governing body shall provide written notice to the sponsor of the charter school within 10 working days after such change. A person may serve on the governing body only if he submits an affidavit to the department indicating that the person has not been convicted of a felony or any offense involving moral turpitude.

    2.  The governing body of a charter school is a public body. It is hereby given such reasonable and necessary powers, not conflicting with the constitution and the laws of the State of Nevada, as may be requisite to attain the ends for which the charter school is established and to promote the welfare of pupils who are enrolled in the charter school.

    3.  The governing body of a charter school shall, during each calendar quarter, hold at least one regularly scheduled public meeting in the county in which the charter school is located.

    4.  As used in subsection 1, “teacher” means a person who:

    (a) Holds a current license to teach issued pursuant to chapter 391 of NRS; and

    (b) Has at least 2 years of experience as an employed teacher.The term does not include a person who is employed as a substitute teacher.


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The term does not include a person who is employed as a substitute teacher.

    Sec. 19.  NRS 386.550 is hereby amended to read as follows:

    386.550  1.  A charter school shall:

    [1.] (a) Comply with all laws and regulations relating to discrimination and civil rights.

    [2.] (b) Remain nonsectarian, including, without limitation, in its educational programs, policies for admission and employment practices.

    [3.] (c) Refrain from charging tuition or fees, levying taxes or issuing bonds.

    [4.] (d) Comply with any plan for desegregation ordered by a court that is in effect in the school district in which the charter school is located.

    [5.] (e) Comply with the provisions of chapter 241 of NRS.

    [6.] (f) Except as otherwise provided in this [subsection,] paragraph, schedule and provide annually at least as many days of instruction as are required of other public schools located in the same school district as the charter school is located. The governing body of a charter school may submit a written request to the superintendent of public instruction for a waiver from providing the days of instruction required by this [subsection.] paragraph. The superintendent of public instruction may grant such a request if the governing body demonstrates to the satisfaction of the superintendent that:

    [(a)] (1) Extenuating circumstances exist to justify the waiver; and

    [(b)] (2) The charter school will provide at least as many hours or minutes of instruction as would be provided under a program consisting of 180 days.

    [7.] (g) Cooperate with the board of trustees of the school district in the administration of the achievement and proficiency examinations administered pursuant to NRS 389.015 and the examinations required pursuant to NRS 389.550 to the pupils who are enrolled in the charter school.

    [8.] (h) Comply with applicable statutes and regulations governing the achievement and proficiency of pupils in this state.

    [9.] (i) Provide instruction in the core academic subjects set forth in subsection 1 of NRS 389.018, as applicable for the grade levels of pupils who are enrolled in the charter school, and provide at least the courses of [instruction] study that are required of pupils by statute or regulation for promotion to the next grade or graduation from a public high school and require the pupils who are enrolled in the charter school to take those courses of study. This [subsection] paragraph does not preclude a charter school from offering, or requiring the pupils who are enrolled in the charter school to take, other courses of study that are required by statute or regulation.

    [10.] (j) If the parent or legal guardian of a child submits an application to enroll in kindergarten, first grade or second grade at the charter school, comply with NRS 392.040 regarding the ages for enrollment in those grades.

    (k) Refrain from using public money to purchase real property or buildings without the approval of the sponsor.

    [11.] (l) Hold harmless, indemnify and defend the sponsor of the charter school against any claim or liability arising from an act or omission by the governing body of the charter school or an employee or officer of the charter school. An action at law may not be maintained against the sponsor of a charter school for any cause of action for which the charter school has obtained liability insurance.


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    [12.] (m) Provide written notice to the parents or legal guardians of pupils in grades 9 to 12, inclusive, who are enrolled in the charter school of whether the charter school is accredited by the Commission on Schools of the Northwest Association of Schools and Colleges.

    [13.] (n) Adopt a final budget in accordance with the regulations adopted by the department. A charter school is not required to adopt a final budget pursuant to NRS 354.598 or otherwise comply with the provisions of chapter 354 of NRS.

    (o) If the charter school provides a program of distance education pursuant to sections 35 to 49, inclusive, of this act, comply with all statutes and regulations that are applicable to a program of distance education for purposes of the operation of the program.

    2.  A charter school shall not provide instruction through a program of distance education to children who are exempt from compulsory attendance authorized by the state board pursuant to subsection 1 of NRS 392.070. As used in this subsection, “distance education” has the meaning ascribed to it in section 37 of this act.

    Sec. 20.  NRS 386.560 is hereby amended to read as follows:

    386.560  1.  The governing body of a charter school may contract with the board of trustees of the school district in which the charter school is located or the University and Community College System of Nevada for the provision of facilities to operate the charter school or to perform any service relating to the operation of the charter school, including, without limitation, transportation and the provision of health services for the pupils who are enrolled in the charter school.

    2.  A charter school may use any public facility located within the school district in which the charter school is located. A charter school may use school buildings owned by the school district only upon approval of the board of trustees of the school district and during times that are not regular school hours.

    3.  The board of trustees of a school district may donate surplus personal property of the school district to a charter school that is located within the school district.

    4.  [Upon] Except as otherwise provided in this subsection, upon the request of a parent or legal guardian of a pupil who is enrolled in a charter school, the board of trustees of the school district in which the charter school is located shall authorize the pupil to participate in a class that is not available to the pupil at the charter school or participate in an extracurricular activity, excluding sports, at a public school within the school district if:

    (a) Space for the pupil in the class or extracurricular activity is available; and

    (b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the pupil is qualified to participate in the class or extracurricular activity.

If the board of trustees of a school district authorizes a pupil to participate in a class or extracurricular activity, excluding sports, pursuant to this subsection, the board of trustees is not required to provide transportation for the pupil to attend the class or activity. The provisions of this subsection do not apply to a pupil who is enrolled in a charter school and who desires to participate on a part-time basis in a program of distance education provided by the board of trustees of a school district pursuant to sections 35 to 49, inclusive, of this act.


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to 49, inclusive, of this act. Such a pupil must comply with section 45 of this act.

    5.  Upon the request of a parent or legal guardian of a pupil who is enrolled in a charter school, the board of trustees of the school district in which the charter school is located shall authorize the pupil to participate in sports at the public school that he would otherwise be required to attend within the school district, or upon approval of the board of trustees, any public school within the same zone of attendance as the charter school if:

    (a) Space is available for the pupil to participate; and

    (b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the pupil is qualified to participate.

If the board of trustees of a school district authorizes a pupil to participate in sports pursuant to this subsection, the board of trustees is not required to provide transportation for the pupil to participate.

    6.  The board of trustees of a school district may revoke its approval for a pupil to participate in a class, extracurricular activity or sports at a public school pursuant to subsections 4 and 5 if the board of trustees or the public school determines that the pupil has failed to comply with applicable statutes, or applicable rules and regulations of the board of trustees, the public school or an association for interscholastic activities. If the board of trustees so revokes its approval, neither the board of trustees nor the public school are liable for any damages relating to the denial of services to the pupil.

    Sec. 21.  NRS 386.570 is hereby amended to read as follows:

    386.570  1.  Each pupil who is enrolled in a charter school, including, without limitation, a pupil who is enrolled in a program of special education in a charter school, must be included in the count of pupils in the school district for the purposes of apportionments and allowances from the state distributive school account pursuant to NRS 387.121 to 387.126, inclusive, unless the pupil is exempt from compulsory attendance pursuant to NRS 392.070. A charter school is entitled to receive its proportionate share of any other money available from federal, state or local sources that the school or the pupils who are enrolled in the school are eligible to receive. If a charter school receives special education program units directly from this state, the amount of money for special education that the school district pays to the charter school may be reduced proportionately by the amount of money the charter school received from this state for that purpose.

    2.  All money received by the charter school from this state or from the board of trustees of a school district must be deposited in a bank, credit union or other financial institution in this state. The governing body of a charter school may negotiate with the board of trustees of the school district and the state board for additional money to pay for services which the governing body wishes to offer.

    3.  Upon completion of a school year, the sponsor of a charter school may request reimbursement from the governing body of the charter school for the administrative costs associated with sponsorship for that school year if the sponsor provided administrative services during that school year. Upon receipt of such a request, the governing body shall pay the reimbursement to the board of trustees of the school district, if the board of trustees sponsors the charter school, or to the department if the state board sponsors the charter school. If a governing body fails to pay the reimbursement, the charter school shall be deemed to have violated its written charter and the sponsor may take such action to revoke the written charter pursuant to NRS 386.535 as it deems necessary.


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written charter and the sponsor may take such action to revoke the written charter pursuant to NRS 386.535 as it deems necessary. The amount of reimbursement that a charter school may be required to pay pursuant to this subsection must not exceed:

    (a) For the first year of operation of the charter school, 2 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124.

    (b) For any year after the first year of operation of the charter school, 1 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124.

    4.  To determine the amount of money for distribution to a charter school in its first year of operation, the count of pupils who are enrolled in the charter school must initially be determined 30 days before the beginning of the school year of the school district, based on the number of pupils whose applications for enrollment have been approved by the charter school. The count of pupils who are enrolled in the charter school must be revised on the last day of the first school month of the school district in which the charter school is located for the school year, based on the actual number of pupils who are enrolled in the charter school. Pursuant to subsection [2] 5 of NRS 387.124, the governing body of a charter school may request that the apportionments made to the charter school in its first year of operation be paid to the charter school 30 days before the apportionments are otherwise required to be made.

    [4.] 5.  If a charter school ceases to operate as a charter school during a school year, the remaining apportionments that would have been made to the charter school pursuant to NRS 387.124 for that year must be paid on a proportionate basis to the school districts where the pupils who were enrolled in the charter school reside.

    6.  The governing body of a charter school may solicit and accept donations, money, grants, property, loans, personal services or other assistance for purposes relating to education from members of the general public, corporations or agencies. The governing body may comply with applicable federal laws and regulations governing the provision of federal grants for charter schools.

    [5.]  The state board may assist a charter school that operates exclusively for the enrollment of pupils who receive special education in identifying sources of money that may be available from the Federal Government or this state for the provision of educational programs and services to such pupils.

    7.  If a charter school uses money received from this state to purchase real property, buildings, equipment or facilities, the governing body of the charter school shall assign a security interest in the property, buildings, equipment and facilities to the State of Nevada.

    Sec. 22.  NRS 386.580 is hereby amended to read as follows:

    386.580  1.  An application for enrollment in a charter school may be submitted to the governing body of the charter school by the parent or legal guardian of any child who resides in this state. Except as otherwise provided in this subsection, a charter school shall enroll pupils who are eligible for enrollment in the order in which the applications are received. If the board of trustees of the school district in which the charter school is located has established zones of attendance pursuant to NRS 388.040, the charter school shall, if practicable, ensure that the racial composition of pupils enrolled in the charter school does not differ by more than 10 percent from the racial composition of pupils who attend public schools in the zone in which the charter school is located.


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the charter school does not differ by more than 10 percent from the racial composition of pupils who attend public schools in the zone in which the charter school is located. If more pupils who are eligible for enrollment apply for enrollment in the charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll on the basis of a lottery system.

    2.  Except as otherwise provided in subsection [4,] 6, a charter school shall not accept applications for enrollment in the charter school or otherwise discriminate based on the:

    (a) Race;

    (b) Gender;

    (c) Religion;

    (d) Ethnicity; or

    (e) Disability,

of a pupil.

    3.  If the governing body of a charter school determines that the charter school is unable to provide an appropriate special education program and related services for a particular disability of a pupil who is enrolled in the charter school, the governing body may request that the board of trustees of the school district of the county in which the pupil resides transfer that pupil to an appropriate school.

    4.  Except as otherwise provided in this subsection, upon the request of a parent or legal guardian of a child who is enrolled in a public school of a school district or a private school, or who receives instruction at home, the governing body of the charter school shall authorize the child to participate in a class that is not otherwise available to the child at his school or home school or participate in an extracurricular activity at the charter school if:

    (a) Space for the child in the class or extracurricular activity is available; and

    (b) The parent or legal guardian demonstrates to the satisfaction of the governing body that the child is qualified to participate in the class or extracurricular activity.

If the governing body of a charter school authorizes a child to participate in a class or extracurricular activity pursuant to this subsection, the governing body is not required to provide transportation for the child to attend the class or activity. A charter school shall not authorize such a child to participate in a class or activity through a program of distance education provided by the charter school pursuant to sections 35 to 49, inclusive, of this act.

    5.  The governing body of a charter school may revoke its approval for a child to participate in a class or extracurricular activity at a charter school pursuant to subsection 4 if the governing body determines that the child has failed to comply with applicable statutes, or applicable rules and regulations. If the governing body so revokes its approval, neither the governing body nor the charter school is liable for any damages relating to the denial of services to the child.

    6.  This section does not preclude the formation of a charter school that is dedicated to provide educational services exclusively to pupils:

    (a) With disabilities;

    (b) Who pose such severe disciplinary problems that they warrant an educational program specifically designed to serve a single gender and emphasize personal responsibility and rehabilitation; or


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    (c) Who are at risk.

If more eligible pupils apply for enrollment in such a charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll on the basis of a lottery system.

    Sec. 23.  NRS 386.590 is hereby amended to read as follows:

    386.590  1.  Except as otherwise provided in this subsection, at least 70 percent of the teachers who provide instruction at a charter school must be licensed teachers. If a charter school is a vocational school, the charter school shall, to the extent practicable, ensure that at least 70 percent of the teachers who provide instruction at the school are licensed teachers, but in no event may more than 50 percent of the teachers who provide instruction at the school be unlicensed teachers.

    2.  A governing body of a charter school shall employ:

    (a) If the charter school offers instruction in kindergarten or grade 1, 2, 3, 4 or 5, a licensed teacher to teach pupils who are enrolled in those grades.

    (b) If the charter school offers instruction in grade 6, 7, 8, 9, 10, 11 or 12, a licensed teacher to teach pupils who are enrolled in those grades for the following courses of study:

         (1) English, including reading, composition and writing;

         (2) Mathematics;

         (3) Science; and

         (4) Social studies, which includes only the subjects of history, geography, economics and government.

    (c) In addition to the requirements of paragraphs (a) and (b):

         (1) If a charter school specializes in arts and humanities, physical education or health education, a licensed teacher to teach those courses of study.

         (2) If a charter school specializes in the construction industry or other building industry, licensed teachers to teach courses of study relating to the industry if those teachers are employed full time.

         (3) If a charter school specializes in the construction industry or other building industry and the school offers courses of study in computer education, technology or business, licensed teachers to teach those courses of study if those teachers are employed full time.

    3.  A charter school may employ a person who is not licensed pursuant to the provisions of chapter 391 of NRS to teach a course of study for which a licensed teacher is not required pursuant to subsection 2 if the person has:

    (a) A degree, a license or a certificate in the field for which he is employed to teach at the charter school; and

    (b) At least 2 years of experience in that field.

    4.  A charter school may employ such administrators for the school as it deems necessary. A person employed as an administrator must possess:

    (a) A master’s degree in school administration, public administration or business administration; or

    (b) If the person has at least 5 years of experience in administration, a baccalaureate degree.

    5.  A charter school shall not employ a person pursuant to this section if his license to teach or provide other educational services has been revoked or suspended in this state or another state.


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ê2001 Statutes of Nevada, Page 3138 (Chapter 599, SB 399)ê

 

    6.  On or before November 15 of each year, a charter school shall submit to the department, in a format prescribed by the superintendent of public instruction, the following information for each licensed employee who is employed by the governing body on October 1 of that year:

    (a) The amount of salary of the employee; and

    (b) The designated assignment, as that term is defined by the department, of the employee.

    Sec. 24.  NRS 386.595 is hereby amended to read as follows:

    386.595  1.  All employees of a charter school shall be deemed public employees.

    2.  Except as otherwise provided in this subsection , [and subsections 2 and 3,] the provisions of the collective bargaining agreement entered into by the board of trustees of the school district in which the charter school is located apply to the terms and conditions of employment of employees of the charter school [. If a written charter is renewed, the employees of the charter school may, at the time of renewal, apply for recognition as a bargaining unit pursuant to NRS 288.160.

    2.  A charter school is exempt from the specific provisions of the collective bargaining agreement that controls the:

    (a) Periods of preparation time for teachers, provided that the charter school allows at least the same amount of time for preparation as the school district;

    (b) Times of day that a teacher may work;

    (c) Number of hours that a teacher may work in 1 day;

    (d) Number of hours and days that a teacher may work in 1 week; and

    (e) Number of hours and days that a teacher may work in 1 year.

If a teacher works more than the number of hours or days prescribed in the collective bargaining agreement, the teacher must be compensated for the additional hours or days in an amount calculated by prorating the salary for the teacher that is set forth in the collective bargaining agreement.

    3.  A teacher or a governing body of a charter school may request that the board of trustees of the school district and other persons who entered into the collective bargaining agreement grant a waiver from specific provisions of the collective bargaining agreement for the teacher or governing body.

    4.  All employees of a charter school shall be deemed public employees.

    5.  The] who are on a leave of absence from the school district pursuant to subsection 5, including, without limitation, any provisions relating to representation by the employee organization that is a party to the collective bargaining agreement of the school district in a grievance proceeding or other dispute arising out of the agreement. The provisions of the collective bargaining agreement apply to each employee for the first 3 years that he is on a leave of absence from the school district. After the first 3 years that the employee is on a leave of absence:

    (a) If he is subsequently reassigned by the school district pursuant to subsection 5, he is covered by the collective bargaining agreement of the school district.

    (b) If he continues his employment with the charter school, he is covered by the collective bargaining agreement of the charter school, if applicable.

    3.  Except as otherwise provided in subsection 2, the governing body of a charter school may make all employment decisions with regard to its employees pursuant to NRS 391.311 to 391.3197, inclusive, unless [the applicable] a collective bargaining agreement entered into by the governing body pursuant to chapter 288 of NRS contains separate provisions relating to the discipline of licensed employees of a school.


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ê2001 Statutes of Nevada, Page 3139 (Chapter 599, SB 399)ê

 

applicable] a collective bargaining agreement entered into by the governing body pursuant to chapter 288 of NRS contains separate provisions relating to the discipline of licensed employees of a school.

    [6.] 4.  If the written charter of a charter school is revoked, the employees of the charter school must be reassigned to employment within the school district in accordance with the collective bargaining agreement.

    5.  The board of trustees of a school district that is a sponsor of a charter school shall grant a leave of absence, not to exceed 6 years, to any employee who is employed by the board of trustees who requests such a leave of absence to accept employment with the charter school. After the first school year in which an employee is on a leave of absence, he may return to his former teaching position with the board of trustees. After the third school year, an employee who is on a leave of absence may submit a written request to the board of trustees to return to a comparable teaching position with the board of trustees. After the sixth school year, an employee shall either submit a written request to return to a comparable teaching position or resign from the position for which his leave was granted. The board of trustees shall grant a written request to return to a comparable position pursuant to this subsection even if the return of the employee requires the board of trustees to reduce the existing work force of the school district. The board of trustees may require that a request to return to a teaching position submitted pursuant to this subsection be submitted at least 90 days before the employee would otherwise be required to report to duty.

    [8.] 6.  An employee who is on a leave of absence from a school district pursuant to this section shall contribute to and be eligible for all benefits for which he would otherwise be entitled, including, without limitation, participation in the public employees’ retirement system and accrual of time for the purposes of leave and retirement. The time during which such an employee is on leave of absence and employed in a charter school does not count toward the acquisition of permanent status with the school district.

    [9.] 7.  Upon the return of a teacher to employment in the school district, he is entitled to the same level of retirement, salary and any other benefits to which he would otherwise be entitled if he had not taken a leave of absence to teach in a charter school.

    [10.] 8.  An employee of a charter school who is not on a leave of absence from a school district is eligible for all benefits for which he would be eligible for employment in a public school, including, without limitation, participation in the public employees’ retirement system.

    [11.] 9.  For all employees of a charter school:

    (a) The compensation that a teacher or other school employee would have received if he were employed by the school district must be used to determine the appropriate levels of contribution required of the employee and employer for purposes of the public employees’ retirement system.

    (b) The compensation that is paid to a teacher or other school employee that exceeds the compensation that he would have received if he were employed by the school district must not be included for the purposes of calculating future retirement benefits of the employee.

    [12.] 10.  If the board of trustees of a school district in which a charter school is located manages a plan of group insurance for its employees, the governing body of the charter school may negotiate with the board of trustees to participate in the same plan of group insurance that the board of trustees offers to its employees. If the employees of the charter school participate in the plan of group insurance managed by the board of trustees, the governing body of the charter school shall:


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ê2001 Statutes of Nevada, Page 3140 (Chapter 599, SB 399)ê

 

participate in the plan of group insurance managed by the board of trustees, the governing body of the charter school shall:

    (a) Ensure that the premiums for that insurance are paid to the board of trustees; and

    (b) Provide, upon the request of the board of trustees, all information that is necessary for the board of trustees to provide the group insurance to the employees of the charter school.

    Sec. 25.  NRS 386.605 is hereby amended to read as follows:

    386.605  1.  On or before January 1 of each year, the governing body of each charter school shall submit the information concerning the charter school that is required pursuant to subsection 2 of NRS 385.347 to the board of trustees of the school district in which the charter school is located, regardless of the sponsor of the charter school, for inclusion in the report of the school district pursuant to that section. The information must be submitted by the charter school in a format prescribed by the board of trustees.

    2.  On or before April 15 of each year, the governing body of each charter school shall submit the information applicable to the charter school that is contained in the report pursuant to paragraph (t) of subsection 2 of NRS 385.347 to the commission on educational technology created pursuant to NRS 388.790.

    3.  On or before June 15 of each year, the governing body of each charter school shall prepare a:

    (a) Separate written report summarizing the effectiveness of the charter school’s program of accountability. The report must include:

         (1) A review and analysis of the data upon which the report required pursuant to subsection 2 of NRS 385.347 is based and a review and analysis of any data that is more recent than the data upon which the report is based;

         (2) The identification of any problems or factors at the charter school that are revealed by the review and analysis; and

         (3) A summary of the efforts that the governing body has made or intends to make to ensure that the teachers and other educational personnel employed by the governing body receive training and other professional development in:

             (I) The standards of content and performance established by the council to establish academic standards for public schools pursuant to NRS 389.520;

             (II) The assessment and measurement of pupil achievement and the effective methods to analyze the test results and scores of pupils to improve the achievement and proficiency of pupils; and

             (III) Specific content areas to enable the teachers and other educational personnel to provide a higher level of instruction in their respective fields of teaching.

    (b) Written procedure to improve the achievement of pupils who are enrolled in the charter school, including, but not limited to, a description of the efforts the governing body has made to correct any deficiencies identified in the written report required pursuant to paragraph (a). The written procedure must describe sources of data that will be used by the governing body to evaluate the effectiveness of the written procedure.

    4.  On or before June 15 of each year, the governing body of each charter school shall submit copies of the written report and written procedure required pursuant to subsection 3 to the:


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ê2001 Statutes of Nevada, Page 3141 (Chapter 599, SB 399)ê

 

    (a) Governor;

    (b) State board;

    (c) Department;

    (d) Legislative committee on education created pursuant to NRS 218.5352;

    (e) Legislative bureau of educational accountability and program evaluation created pursuant to NRS 218.5356; and

    (f) Board of trustees of the school district in which the charter school is located.

    5.  The department shall maintain a record of the information that it receives from each charter school pursuant to this section in such a manner as will allow the department to create for each charter school a yearly profile of information.

    6.  The governing body of each charter school shall ensure that a copy of the written report and written procedure required pursuant to subsection 3 is included with the final budget of the charter school adopted by the governing body of the charter school pursuant to the regulations of the department.

    7.  The legislative bureau of educational accountability and program evaluation created pursuant to NRS 218.5356 may authorize a person or entity with whom it contracts pursuant to NRS 385.359 to review and analyze information submitted by charter schools pursuant to this section, consult with the governing bodies of charter schools and submit written reports concerning charter schools pursuant to NRS 385.359.

    Sec. 26.  NRS 386.610 is hereby amended to read as follows:

    386.610  1.  On or before July 1 of each year, if the board of trustees of a school district [that] sponsors a charter school , the board of trustees shall submit a written report to the state board. The written report must include an evaluation of the progress of each charter school sponsored by the board of trustees in achieving its educational goals and objectives.

    2.  The governing body of a charter school shall, after 3 years of operation under its initial charter, submit a written report to the [board of trustees of the school district that is the] sponsor of the charter school. The written report must include a description of the progress of the charter school in achieving its educational goals and objectives. If the charter school submits an application for renewal in accordance with the regulations of the department, the [board of trustees] sponsor may renew the written charter of the school pursuant to subsection 2 of NRS 386.530.

    Sec. 27.  NRS 386.650 is hereby amended to read as follows:

    386.650  1.  The department shall establish and maintain a statewide automated system of information concerning pupils. The system must be designed to improve the ability of the department, school districts and the public schools in this state , including, without limitation, charter schools, to account for the pupils who are enrolled in the public schools [.] , including, without limitation, charter schools.

    2.  The board of trustees of each school district shall:

    (a) Adopt and maintain the program for the collection, maintenance and transfer of data from the records of individual pupils to the statewide automated system of information, including, without limitation, the development of plans for the educational technology which is necessary to adopt and maintain the program;


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ê2001 Statutes of Nevada, Page 3142 (Chapter 599, SB 399)ê

 

    (b) Provide to the department electronic data concerning pupils as required by the superintendent of public instruction pursuant to subsection 3; and

    (c) Ensure that an electronic record is maintained in accordance with subsection 3 of NRS 386.655.

    3.  The superintendent of public instruction shall:

    (a) Prescribe the data to be collected and reported to the department by each school district pursuant to subsection 2 [;] , including, without limitation, data relating to each charter school located within a school district regardless of the sponsor of the charter school;

    (b) Prescribe the format for the data;

    (c) Prescribe the date by which each school district shall report the data;

    (d) Prescribe the date by which each charter school located within a school district shall report the data to the school district for incorporation into the report of the school district, regardless of the sponsor of the charter school;

    (e) Provide technical assistance to each school district to ensure that the data from each public school in the school district , including, without limitation, each charter school located within the school district, is compatible with the statewide automated system of information and comparable to the data reported by other school districts; and

    [(e)] (f) Provide for the analysis and reporting of the data in the statewide automated system of information.

    Sec. 28.  NRS 386.655 is hereby amended to read as follows:

    386.655  1.  The department, the school districts and the public schools , including, without limitation, charter schools, shall, in operating the statewide automated system of information established pursuant to NRS 386.650, comply with the provisions of:

    (a) For all pupils, the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto; and

    (b) For pupils with disabilities who are enrolled in programs of special education, the provisions governing access to education records and confidentiality of information prescribed in the Individuals with Disabilities Education Act, 20 U.S.C. § 1417(c), and the regulations adopted pursuant thereto.

    2.  Except as otherwise provided in 20 U.S.C. § 1232g(b) and any other applicable federal law, a public school , including, without limitation, a charter school, shall not release the education records of a pupil to a person or an agency of a federal, state or local government without the written consent of the parent or legal guardian of the pupil.

    3.  In addition to the record required pursuant to 20 U.S.C. § 1232g(b)(4)(A), each school district shall maintain within the statewide automated system of information an electronic record of all persons and agencies who have requested the education record of a pupil or obtained access to the education record of a pupil, or both, pursuant to 20 U.S.C. § 1232g. The electronic record must be maintained and may only be disclosed in accordance with the provisions of 20 U.S.C. § 1232g. A charter school shall provide to the school district in which the charter school is located such information as is necessary for the school district to carry out the provisions of this subsection, regardless of the sponsor of the charter school.


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ê2001 Statutes of Nevada, Page 3143 (Chapter 599, SB 399)ê

 

    4.  The right accorded to a parent or legal guardian of a pupil pursuant to subsection 2 devolves upon the pupil on the date on which he attains the age of 18 years.

    5.  As used in this section, unless the context otherwise requires, “education records” has the meaning ascribed to it in 20 U.S.C. § 1232g(a)(4).

    Sec. 29.  NRS 387.123 is hereby amended to read as follows:

    387.123  1.  The count of pupils for apportionment purposes includes all pupils who are enrolled in programs of instruction of the school district , including, without limitation, a program of distance education provided by the school district, or pupils who reside in the county in which the school district is located and are enrolled in any charter school , including, without limitation, a program of distance education provided by a charter school, for:

    (a) Pupils in the kindergarten department.

    (b) Pupils in grades 1 to 12, inclusive.

    (c) Pupils not included under paragraph (a) or (b) who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive.

    (d) Pupils who reside in the county and are enrolled part time in a program of distance education if an agreement is filed with the superintendent of public instruction pursuant to section 44 or 45 of this act, as applicable.

    (e) Children detained in detention homes, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570.

    [(e)] (f) Pupils who are enrolled in classes pursuant to subsection 4 of NRS 386.560 [.

    (f)] and pupils who are enrolled in classes pursuant to subsection 4 of NRS 386.580.

    (g) Pupils who are enrolled in classes pursuant to subsection 3 of NRS 392.070.

    [(g)] (h) Pupils who are enrolled in classes and taking courses necessary to receive a high school diploma, excluding those pupils who are included in paragraphs [(e) and (f).] (d), (f) and (g).

    2.  The state board shall establish uniform regulations for counting enrollment and calculating the average daily attendance of pupils. In establishing such regulations for the public schools, the state board:

    (a) Shall divide the school year into 10 school months, each containing 20 or fewer school days.

    (b) May divide the pupils in grades 1 to 12, inclusive, into categories composed respectively of those enrolled in elementary schools and those enrolled in secondary schools.

    (c) Shall prohibit the counting of any pupil specified in subsection 1 more than once.

    3.  Except as otherwise provided in subsection 4 and NRS 388.700, the state board shall establish by regulation the maximum pupil-teacher ratio in each grade, and for each subject matter wherever different subjects are taught in separate classes, for each school district of this state which is consistent with:

    (a) The maintenance of an acceptable standard of instruction;


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ê2001 Statutes of Nevada, Page 3144 (Chapter 599, SB 399)ê

 

    (b) The conditions prevailing in the school district with respect to the number and distribution of pupils in each grade; and

    (c) Methods of instruction used, which may include educational television, team teaching or new teaching systems or techniques.

If the superintendent of public instruction finds that any school district is maintaining one or more classes whose pupil-teacher ratio exceeds the applicable maximum, and unless he finds that the board of trustees of the school district has made every reasonable effort in good faith to comply with the applicable standard, he shall, with the approval of the state board, reduce the count of pupils for apportionment purposes by the percentage which the number of pupils attending those classes is of the total number of pupils in the district, and the state board may direct him to withhold the quarterly apportionment entirely.

    4.  [A] The provisions of subsection 3 do not apply to a charter school [is not required to comply with the pupil-teacher ratio prescribed by the state board pursuant to subsection 3.] or a program of distance education provided pursuant to sections 35 to 49, inclusive, of this act.

    Sec. 30.  NRS 387.1233 is hereby amended to read as follows:

    387.1233  1.  Except as otherwise provided in subsection 2, basic support of each school district must be computed by:

    (a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:

         (1) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school district for the school year, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school on the last day of the first school month of the school district for the school year.

         (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school district for the school year, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school on the last day of the first school month of the school district for the school year.

         (3) The count of pupils not included under subparagraph (1) or (2) who are enrolled full time in a program of distance education provided by that school district or a charter school located within that school district on the last day of the first school month of the school district for the school year.

         (4) The count of pupils who reside in the county and are enrolled:

             (I) In a public school of the school district and are concurrently enrolled part time in a program of distance education provided by another school district or a charter school on the last day of the first school month of the school district for the school year, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).

             (II) In a charter school and are concurrently enrolled part time in a program of distance education provided by a school district or another charter school on the last day of the first school month of the school district for the school year, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).


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ê2001 Statutes of Nevada, Page 3145 (Chapter 599, SB 399)ê

 

         (5) The count of pupils not included under subparagraph (1) , [or] (2), (3) or (4), who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school district for the school year, excluding the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on that day.

         [(4)] (6) Six-tenths the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on the last day of the first school month of the school district for the school year.

         [(5)] (7) The count of children detained in detention homes, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the last day of the first school month of the school district for the school year.

         [(6)] (8) The count of pupils who are enrolled in classes for at least one semester pursuant to subsection 4 of NRS 386.560 , subsection 4 of NRS 386.580 or subsection 3 of NRS 392.070, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).

    (b) Multiplying the number of special education program units maintained and operated by the amount per program established for that school year.

    (c) Adding the amounts computed in paragraphs (a) and (b).

    2.  If the enrollment of pupils in a school district or a charter school that is located within the school district on the last day of the first school month of the school district for the school year is less than the enrollment of pupils in the same school district or charter school on the last day of the first school month of the school district for either or both of the immediately preceding 2 school years, the largest number must be used from among the 3 years for purposes of apportioning money from the state distributive school account to that school district or charter school pursuant to NRS 387.124.

    3.  Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.

    4.  Pupils who are incarcerated in a facility or institution operated by the department of prisons must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the department . [of education.]

    5.  Pupils who are enrolled in courses which are approved by the department as meeting the requirements for an adult to earn a high school diploma must not be counted for the purpose of computing basic support pursuant to this section.

    Sec. 31.  NRS 387.124 is hereby amended to read as follows:

    387.124  Except as otherwise provided in this section and NRS 387.528:

    1.  On or before August 1, November 1, February 1 and May 1 of each year, the superintendent of public instruction shall [, except as otherwise provided in subsections 2 and 3,] apportion the state distributive school account in the state general fund among the several county school districts and charter schools in amounts approximating one-fourth of their respective yearly apportionments less any amount set aside as a reserve. The apportionment to a school district, computed on a yearly basis, equals the difference between the basic support and the local funds available pursuant to NRS 387.1235, minus all the funds attributable to pupils who reside in the county but attend a charter school [.] and all the funds attributable to pupils who reside in the county and are enrolled full time or part time in a program of distance education provided by another school district or a charter school.


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ê2001 Statutes of Nevada, Page 3146 (Chapter 599, SB 399)ê

 

to NRS 387.1235, minus all the funds attributable to pupils who reside in the county but attend a charter school [.] and all the funds attributable to pupils who reside in the county and are enrolled full time or part time in a program of distance education provided by another school district or a charter school. No apportionment may be made to a school district if the amount of the local funds exceeds the amount of basic support. [The] If an agreement is not filed for a pupil who is enrolled in a program of distance education as required by section 44 of this act, the superintendent of public instruction shall not apportion money for that pupil to the board of trustees of the school district in which the pupil resides, or the board of trustees or governing body that provides the program of distance education.

    2.  Except as otherwise provided in subsection 3, the apportionment to a charter school, computed on a yearly basis, is equal to the sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the pupil resides [.] minus all the funds attributable to pupils who are enrolled in the charter school but are concurrently enrolled part time in a program of distance education provided by a school district or another charter school. If the apportionment per pupil to a charter school is more than the amount to be apportioned to the school district in which a pupil who is enrolled in the charter school resides, the school district in which the pupil resides shall pay the difference directly to the charter school.

    [2.] 3.  Except as otherwise provided in this subsection, the apportionment to a charter school that is sponsored by the state board, computed on a yearly basis, is equal to:

    (a) The sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the pupils resides; or

    (b) The statewide average per pupil amount for pupils who are enrolled full time,

whichever is greater. If the calculation set forth in paragraph (a) is less than the calculation pursuant to paragraph (b), the school district in which the charter school is located shall pay the difference directly to the charter school. If a charter school provides a program of distance education pursuant to sections 35 to 49, inclusive, of this act, the apportionment to the charter school for pupils who are enrolled in the program of distance education must be calculated as set forth in subsection 2 or 4, as applicable.

    4.  In addition to the apportionments made pursuant to this section, an apportionment must be made to a school district or charter school that provides a program of distance education for each pupil who is enrolled part time in the program if an agreement is filed for that pupil pursuant to section 44 or 45 of this act, as applicable. The amount of the apportionment must be equal to the percentage of the total time services are provided to the pupil through the program of distance education per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 387.1233 for the school district in which the pupil resides.


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ê2001 Statutes of Nevada, Page 3147 (Chapter 599, SB 399)ê

 

    5.  The governing body of a charter school may submit a written request to the superintendent of public instruction to receive, in the first year of operation of the charter school, an apportionment 30 days before the apportionment is required to be made pursuant to subsection 1. Upon receipt of such a request, the superintendent of public instruction may make the apportionment 30 days before the apportionment is required to be made. A charter school may receive all four apportionments in advance in its first year of operation.

    [3.] 6.  If the state controller finds that such an action is needed to maintain the balance in the state general fund at a level sufficient to pay the other appropriations from it, he may pay out the apportionments monthly, each approximately one-twelfth of the yearly apportionment less any amount set aside as a reserve. If such action is needed, the state controller shall submit a report to the department of administration and the fiscal analysis division of the legislative counsel bureau documenting reasons for the action.

    Sec. 32.  NRS 387.1243 is hereby amended to read as follows:

    387.1243  1.  The first apportionment based on an estimated number of pupils and special education program units and succeeding apportionments are subject to adjustment from time to time as the need therefor may appear.

    2.  The apportionments to a school district may be adjusted during a fiscal year by the department of education, upon approval by the state board of examiners and the interim finance committee, if the department of taxation and the county assessor in the county in which the school district is located certify to the department of education that the school district will not receive the tax levied pursuant to subsection 1 of NRS 387.195 on property of the Federal Government located within the county if:

    (a) The leasehold interest, possessory interest, beneficial interest or beneficial use of the property is subject to taxation pursuant to NRS 361.157 and 361.159 and one or more lessees or users of the property are delinquent in paying the tax; and

    (b) The total amount of tax owed but not paid for the fiscal year by any such lessees and users is at least 5 percent of the proceeds that the school district would have received from the tax levied pursuant to subsection 1 of NRS 387.195.

If a lessee or user pays the tax owed after the school district’s apportionment has been increased in accordance with the provisions of this subsection to compensate for the tax owed, the school district shall repay to the state distributive school account in the state general fund an amount equal to the tax received from the lessee or user for the year in which the school district received an increased apportionment, not to exceed the increase in apportionments made to the school district pursuant to this subsection.

    3.  On or before August 1 of each year, the board of trustees of a school district shall provide to the department, in a format prescribed by the department, the count of pupils calculated pursuant to subparagraph [(6)] (8) of paragraph (a) of subsection 1 of NRS 387.1233 who completed at least one semester during the immediately preceding school year. The count of pupils submitted to the department must be included in the final adjustment computed pursuant to subsection 4.

    4.  A final adjustment for each school district and charter school must be computed as soon as practicable following the close of the school year, but not later than August 25. The final computation must be based upon the actual counts of pupils required to be made for the computation of basic support and the limits upon the support of special education programs, except that for any year when the total enrollment of pupils and children in a school district or a charter school located within the school district described in paragraphs (a), (b), (c) and [(d)] (e) of subsection 1 of NRS 387.123 is greater on the last day of any school month of the school district after the second school month of the school district and the increase in enrollment shows at least:


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ê2001 Statutes of Nevada, Page 3148 (Chapter 599, SB 399)ê

 

support and the limits upon the support of special education programs, except that for any year when the total enrollment of pupils and children in a school district or a charter school located within the school district described in paragraphs (a), (b), (c) and [(d)] (e) of subsection 1 of NRS 387.123 is greater on the last day of any school month of the school district after the second school month of the school district and the increase in enrollment shows at least:

    (a) A 3-percent gain, basic support as computed from first month enrollment for the school district or charter school must be increased by 2 percent.

    (b) A 6-percent gain, basic support as computed from first month enrollment for the school district or charter school must be increased by an additional 2 percent.

    5.  If the final computation of apportionment for any school district or charter school exceeds the actual amount paid to the school district or charter school during the school year, the additional amount due must be paid before September 1. If the final computation of apportionment for any school district or charter school is less than the actual amount paid to the school district or charter school during the school year, the difference must be repaid to the state distributive school account in the state general fund by the school district or charter school before September 25.

    Sec. 33.  NRS 387.185 is hereby amended to read as follows:

    387.185  1.  Except as otherwise provided in subsection 2 and NRS 387.528, all school money due each county school district must be paid over by the state treasurer to the county treasurer on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the county treasurer may apply for it, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124.

    2.  Except as otherwise provided in NRS 387.528, if the board of trustees of a school district establishes and administers a separate account pursuant to the provisions of NRS 354.603, all school money due that school district must be paid over by the state treasurer to the school district on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the school district may apply for it, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124.

    3.  No county school district may receive any portion of the public school money unless that school district has complied with the provisions of this Title and regulations adopted pursuant thereto.

    4.  Except as otherwise provided in this subsection, all school money due each charter school must be paid over by the state treasurer to the governing body of the charter school on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the governing body may apply for it, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124. If the superintendent of public instruction has approved, pursuant to subsection [2] 5 of NRS 387.124, a request for payment of an apportionment 30 days before the apportionment is otherwise required to be made, the money due to the charter school must be paid by the state treasurer to the governing body of the charter school on July 1, October 1, January 1 or April 1, as applicable.


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ê2001 Statutes of Nevada, Page 3149 (Chapter 599, SB 399)ê

 

    Sec. 34.  Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 35 to 49, inclusive, of this act.

    Sec. 35.  As used in sections 35 to 49, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 36, 37 and 38 of this act have the meanings ascribed to them in those sections.

    Sec. 36.  “Course of distance education” means a course of study that uses distance education as its primary mechanism for delivery of instruction.

    Sec. 37.  “Distance education” means instruction which is delivered by means of video, computer, television, correspondence, or the Internet or other electronic means of communication, or any combination thereof, in such a manner that the person supervising or providing the instruction and the pupil receiving the instruction are separated geographically for a majority of the time during which the instruction is delivered.

    Sec. 38.  “Program of distance education” means a program comprised of one or more courses of distance education that is designed for pupils who:

    1.  Are participating in a program for pupils who are at risk of dropping out of high school pursuant to NRS 388.537.

    2.  Are participating in a program of independent study pursuant to NRS 389.155.

    3.  Are enrolled in a public school that does not offer advanced or specialized courses.

    4.  Have a physical or mental condition that would otherwise require an excuse from compulsory attendance pursuant to NRS 392.050.

    5.  Are excused from compulsory attendance pursuant to NRS 392.070 and are authorized to enroll in a program of distance education pursuant to that section.

    6.  Would otherwise be excused from compulsory attendance pursuant to NRS 392.080.

    7.  Are otherwise prohibited from attending public school pursuant to NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467 or 392.4675.

    8.  Are otherwise permitted to enroll in a program of distance education provided by the board of trustees of a school district if the board of trustees determines that special circumstances warrant enrollment for the pupil.

    9.  Are otherwise permitted to enroll in a program of distance education provided by the governing body of a charter school if the governing body of the charter school determines that special circumstances warrant enrollment for the pupil.

    Sec. 39.  1.  The department shall prepare and publish a list of courses of distance education that satisfy the requirements of sections 35 to 49, inclusive, of this act, and all other applicable statutes and regulations. If an application to provide a program of distance education is approved pursuant to section 40 of this act, the department shall automatically include on the list each course of study included within that program if the course of study had not been approved pursuant to this section before submission of the application to provide the program.

    2.  A person or entity that has developed a course of distance education, including, without limitation, a vendor of a course of distance education, the University and Community College System of Nevada or other postsecondary educational institution, a board of trustees of a school district or a governing body of a charter school, may submit an application for inclusion of the course on the list prepared by the department.


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district or a governing body of a charter school, may submit an application for inclusion of the course on the list prepared by the department. The department shall approve an application if the application satisfies the requirements of sections 35 to 49, inclusive, of this act and all other applicable statutes and regulations. The department shall provide written notice to the applicant of its approval or denial of the application.

    3.  If the department denies an application, the department shall include in the written notice the reasons for the denial and the deficiencies of the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application. The department shall approve an application that has been resubmitted pursuant to this subsection if the application satisfies the requirements of sections 35 to 49, inclusive, of this act and all other applicable statutes and regulations.

    Sec. 40.  1.  The board of trustees of a school district or the governing body of a charter school may submit an application to the department to provide a program of distance education.

    2.  An applicant to provide a program of distance education may seek approval to provide a program that is comprised of one or more courses of distance education included on the list of courses approved by the department pursuant to section 39 of this act or a program that is comprised of one or more courses of distance education which have not been reviewed by the department before submission of the application.

    3.  An application to provide a program of distance education must include:

    (a) All the information prescribed by the state board by regulation.

    (b) Except as otherwise provided in this paragraph, proof satisfactory to the department that the program satisfies all applicable statutes and regulations. The proof required by this paragraph shall be deemed satisfied if the program is comprised only of courses of distance education approved by the department pursuant to section 39 of this act before submission of the application.

    4.  The department shall approve an application submitted pursuant to this section if the application satisfies the requirements of sections 35 to 49, inclusive, of this act and all other applicable statutes and regulations. The department shall provide written notice to the applicant of the department’s approval or denial of the application.

    5.  If the department denies an application, the department shall include in the written notice the reasons for the denial and the deficiencies of the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application. The department shall approve an application that has been resubmitted pursuant to this subsection if the application satisfies the requirements of sections 35 to 49, inclusive, of this act and all other applicable statutes and regulations.

    Sec. 41.  1.  A program of distance education may include, without limitation, an opportunity for pupils to participate in the program:

    (a) For a shorter school day or a longer school day than that regularly provided for in the school district or charter school, as applicable; and

    (b) During any part of the calendar year.


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    2.  If a program of distance education is provided for pupils on a full-time basis, the program must include at least as many hours or minutes of instruction as would be provided under a program consisting of 180 days.

    Sec. 42.  1.  The board of trustees of a school district or the governing body of a charter school that provides a program of distance education shall ensure that, for each course offered through the program, a teacher:

    (a) Provides the work assignments to each pupil enrolled in the course that are necessary for the pupil to complete the course; and

    (b) Meets or otherwise communicates with the pupil at least once each week during the course to discuss the pupil’s progress.

    2.  If a course offered through a program of distance education is a core academic subject, as defined in NRS 389.018, the teacher who fulfills the requirements of subsection 1 must be a licensed teacher.

    Sec. 43.  1.  A pupil may enroll in a program of distance education only if the pupil satisfies the requirements of any other applicable statute and the pupil:

    (a) Is participating in a program for pupils at risk of dropping out of high school pursuant to NRS 388.537;

    (b) Is participating in a program of independent study pursuant to NRS 389.155;

    (c) Is enrolled in a public school that does not offer certain advanced or specialized courses that the pupil desires to attend;

    (d) Has a physical or mental condition that would otherwise require an excuse from compulsory attendance pursuant to NRS 392.050;

    (e) Is excused from compulsory attendance pursuant to NRS 392.070 and is authorized to enroll in a program of distance education pursuant to that section;

    (f) Would otherwise be excused from compulsory attendance pursuant to NRS 392.080;

    (g) Is otherwise prohibited from attending public school pursuant to NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467 or 392.4675;

    (h) Is otherwise permitted to enroll in a program of distance education provided by the board of trustees of a school district if the board of trustees determines that the circumstances warrant enrollment for the pupil; or

    (i) Is otherwise permitted to enroll in a program of distance education provided by the governing body of a charter school if the governing body of the charter school determines that the circumstances warrant enrollment for the pupil.

    2.  In addition to the eligibility for enrollment set forth in subsection 1, a pupil must satisfy the qualifications and conditions for enrollment in a program of distance education adopted by the state board pursuant to section 49 of this act.

    3.  A child who is exempt from compulsory attendance and receiving equivalent instruction authorized by the state board pursuant to subsection 1 of NRS 392.070 is not eligible to enroll in or otherwise attend a program of distance education, regardless of whether he is otherwise eligible for enrollment pursuant to subsection 1. 

    4.  If a pupil who is prohibited from attending public school pursuant to NRS 392.264 enrolls in a program of distance education, the enrollment and attendance of that pupil must comply with all requirements of NRS 62.405 to 62.485, inclusive, and 392.251 to 392.271, inclusive.


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    5.  If a pupil is eligible for enrollment in a program of distance education pursuant to paragraph (c) of subsection 1, he may enroll in the program of distance education only to take those advanced or specialized courses that are not offered at the public school he otherwise attends.

    Sec. 44.  1.  Except as otherwise provided in this subsection, before a pupil may enroll full time or part time in a program of distance education that is provided by a school district other than the school district in which the pupil resides, the pupil must obtain the written permission of the board of trustees of the school district in which the pupil resides. Before a pupil who is enrolled in a public school of a school district may enroll part time in a program of distance education that is provided by a charter school, the pupil must obtain the written permission of the board of trustees of the school district in which the pupil resides. A pupil who enrolls full time in a program of distance education that is provided by a charter school is not required to obtain the approval of the board of trustees of the school district in which the pupil resides.

    2.  If the board of trustees of a school district grants permission pursuant to subsection 1, the board of trustees shall enter into a written agreement with the board of trustees or governing body, as applicable, that provides the program of distance education. A separate agreement must be prepared for each year that a pupil enrolls in a program of distance education. The written agreement must:

    (a) Contain a statement prepared by the board of trustees of the school district in which the pupil resides indicating that the board of trustees understands that the superintendent of public instruction will make appropriate adjustments in the apportionments to the school district pursuant to NRS 387.124 to account for the pupil’s enrollment in the program of distance education;

    (b) If the pupil plans to enroll part time in the program of distance education, contain a statement prepared by the board of trustees of the school district in which the pupil resides and the board of trustees or governing body that provides the program of distance education setting forth the percentage of the total time services will be provided to the pupil through the program of distance education per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 387.1233 for the school district in which the pupil resides;

    (c) Be signed by the board of trustees of the school district in which the pupil resides and the board of trustees or governing body that provides the program of distance education; and

    (d) Include any other information required by the state board by regulation.

    3.  On or before September 1 of each year or January 1 of each year, as applicable for the semester of enrollment, a written agreement must be filed with the superintendent of public instruction for each pupil who is enrolled full time in a program of distance education provided by a school district other than the school district in which the pupil resides. On or before September 1 or January 1 of each year, as applicable for the semester of enrollment, a written agreement must be filed with the superintendent of public instruction for each pupil who is enrolled in a public school of the school district and who is enrolled part time in a program of distance education provided by a charter school. If an agreement is not filed for a pupil who is enrolled in a program of distance education as required by this section, the superintendent of public instruction shall not apportion money for that pupil to the board of trustees of the school district in which the pupil resides, or the board of trustees or governing body that provides the program of distance education.


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ê2001 Statutes of Nevada, Page 3153 (Chapter 599, SB 399)ê

 

agreement is not filed for a pupil who is enrolled in a program of distance education as required by this section, the superintendent of public instruction shall not apportion money for that pupil to the board of trustees of the school district in which the pupil resides, or the board of trustees or governing body that provides the program of distance education.

    Sec. 45.  1.  If a pupil is enrolled in a charter school, he may enroll full time in a program of distance education only if the charter school in which he is enrolled provides the program of distance education.

    2.  Before a pupil who is enrolled in a charter school may enroll part time in a program of distance education that is provided by a school district or another charter school, the pupil must obtain the written permission of the governing body of the charter school in which the pupil is enrolled.

    3.  If the governing body of a charter school grants permission pursuant to subsection 2, the governing body shall enter into a written agreement with the board of trustees or governing body, as applicable, that provides the program of distance education. A separate agreement must be prepared for each year that a pupil enrolls in a program of distance education. The written agreement must:

    (a) Contain a statement prepared by the governing body of the charter school in which the pupil is enrolled indicating that the governing body understands that the superintendent of public instruction will make appropriate adjustments in the apportionments to the charter school pursuant to NRS 387.124 to account for the pupil’s enrollment in the program of distance education;

    (b) Contain a statement prepared by the governing body of the charter school in which the pupil is enrolled and the board of trustees or governing body that provides the program of distance education setting forth the percentage of the total time services will be provided to the pupil through the program of distance education per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 387.1233 for the school district in which the pupil resides;

    (c) Be signed by the governing body of the charter school in which the pupil is enrolled and the board of trustees or governing body that provides the program of distance education; and

    (d) Include any other information required by the state board by regulation.

    4.  On or before September 1 or January 1 of each year, as applicable for the semester of enrollment, a written agreement must be filed with the superintendent of public instruction for each pupil who is enrolled in a charter school and who is enrolled part time in a program of distance education provided by a school district or another charter school. If an agreement is not filed for such a pupil, the superintendent of public instruction shall not apportion money for that pupil to the governing body of the charter school in which the pupil is enrolled, or the board of trustees or governing body that provides the program of distance education.

    Sec. 46.  1.  If a pupil is enrolled full time in a program of distance education provided by the board of trustees of a school district, the board of trustees that provides the program shall declare for each such pupil one public school within that school district to which the pupil is affiliated. The board of trustees may declare that all the pupils enrolled in the program of distance education are affiliated with one public school within the school district, or it may declare individual public schools for the pupils enrolled in the program.


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ê2001 Statutes of Nevada, Page 3154 (Chapter 599, SB 399)ê

 

district, or it may declare individual public schools for the pupils enrolled in the program. Upon the declared affiliation, the pupil shall be deemed enrolled in that public school for purposes of all the applicable requirements, statutes, regulations, rules and policies of that public school and school district, including, without limitation:

    (a) Graduation requirements;

    (b) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive;

    (c) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and

    (d) Discipline of pupils.

    2.  A pupil who is enrolled full time in a program of distance education provided by a charter school shall be deemed enrolled in the charter school. All the applicable requirements, including, without limitation, statutes, regulations, rules and policies of that charter school apply to such a pupil, including, without limitation:

    (a) Graduation requirements;

    (b) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive;

    (c) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and

    (d) Discipline of pupils.

    3.  If a pupil is enrolled part time in a program of distance education, all the applicable requirements, statutes, regulations, rules and policies of the public school of the school district in which the pupil is otherwise enrolled or the charter school in which the pupil is otherwise enrolled apply to such a pupil, including, without limitation:

    (a) Graduation requirements;

    (b) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive;

    (c) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and

    (d) Discipline of pupils.

    Sec. 47.  1.  If the board of trustees of a school district provides a program of distance education, the board of trustees shall ensure that the persons who operate the program on a day-to-day basis comply with and carry out all applicable requirements, statutes, regulations, rules and policies of the school district, including, without limitation:

    (a) Graduation requirements;

    (b) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive;

    (c) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and

    (d) Discipline of pupils.

    2.  If the governing body of a charter school provides a program of distance education, the governing body shall:

    (a) For each pupil who is enrolled in the program, provide written notice to the board of trustees of the school district in which the pupil resides of the type of educational services that will be provided to the pupil through the program. The written notice must be provided to the board of trustees before the pupil receives educational services through the program of distance education.


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ê2001 Statutes of Nevada, Page 3155 (Chapter 599, SB 399)ê

 

    (b) Ensure that the persons who operate the program on a day-to-day basis comply with and carry out all applicable requirements, statutes, regulations, rules and policies of the charter school, including, without limitation:

         (1) Graduation requirements;

         (2) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive;

         (3) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and

         (4) Discipline of pupils.

    Sec. 48.  On or before November 1 of each year, the board of trustees of a school district or the governing body of a charter school that provides a program of distance education shall submit to the department and to the legislative bureau of educational accountability and program evaluation a written report that contains a summary of the program for the immediately preceding school year which includes, without limitation:

    1.  A description of the manner in which the program was carried out;

    2.  The expenditures made for the program;

    3.  The number of pupils who were enrolled full time in the program and the number of pupils who were enrolled part time in the program;

    4.  If available, a description of the reasons why pupils enrolled in the program;

    5.  The number of pupils who dropped out of the program, if any;

    6.  A description of any disciplinary measures taken against pupils who were enrolled in the program; and

    7.  An analysis of the academic achievement and performance of the pupils who were enrolled in the program before and after the pupils participated in the program.

    Sec. 49.  1.  The state board shall adopt regulations that prescribe:

    (a) The process for submission of an application by a person or entity for inclusion of a course of distance education on the list prepared by the department pursuant to section 39 of this act and the contents of the application;

    (b) The process for submission of an application by the board of trustees of a school district or the governing body of a charter school to provide a program of distance education and the contents of the application;

    (c) The qualifications and conditions for enrollment that a pupil must satisfy to enroll in a program of distance education, consistent with section 43 of this act;

    (d) A method for reporting to the department the number of pupils who are enrolled in a program of distance education and the attendance of those pupils;

    (e) The requirements for assessing the achievement of pupils who are enrolled in a program of distance education, which must include, without limitation, the administration of the achievement and proficiency examinations required pursuant to NRS 389.015 and 389.550; and

    (f) A written description of the process pursuant to which the state board may revoke its approval for the operation of a program of distance education.


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ê2001 Statutes of Nevada, Page 3156 (Chapter 599, SB 399)ê

 

    2.  The state board may adopt regulations as it determines are necessary to carry out the provisions of sections 35 to 49, inclusive, of this act.

    Sec. 50.  NRS 388.090 is hereby amended to read as follows:

    388.090  1.  Except as otherwise permitted pursuant to this section, boards of trustees of school districts shall schedule and provide a minimum of 180 days of free school in the districts under their charge.

    2.  The superintendent of public instruction may, upon application by a board of trustees, authorize a reduction of not more than 15 school days in a particular district to establish or maintain a 12-month school program or a program involving alternative scheduling, if the board of trustees demonstrates that the proposed schedule for the program provides for a greater number of minutes of instruction than would be provided under a program consisting of 180 school days. Before authorizing a reduction in the number of required school days pursuant to this subsection, the superintendent of public instruction must find that the proposed schedule will be used to alleviate problems associated with a growth in enrollment or overcrowding, or to establish and maintain a program of alternative schooling [.] , including, without limitation, a program of distance education provided by the board of trustees pursuant to sections 35 to 49, inclusive, of this act.

    3.  The superintendent of public instruction may, upon application by a board of trustees, authorize the addition of minutes of instruction to any scheduled day of free school if days of free school are lost because of any interscholastic activity. Not more than 5 days of free school so lost may be rescheduled in this manner.

    4.  Each school district shall schedule at least 3 contingent days of school in addition to the number of days required by this section, which must be used if a natural disaster, inclement weather or an accident necessitates the closing of a majority of the facilities within the district.

    5.  If more than 3 days of free school are lost because a natural disaster, inclement weather or an accident necessitates the closing of a majority of the facilities within a school district, the superintendent of public instruction, upon application by the school district, may permit the additional days lost to be counted as school days in session. The application must be submitted in the manner prescribed by the superintendent of public instruction.

    6.  The state board [of education] shall adopt regulations providing procedures for changing schedules of instruction to be used if a natural disaster, inclement weather or an accident necessitates the closing of a particular school within a school district.

    Sec. 51.  NRS 388.537 is hereby amended to read as follows:

    388.537  1.  The board of trustees of a school district may, subject to the approval of the state board, operate an alternative program for the education of pupils at risk of dropping out of high school, including pupils who:

    (a) Because of extenuating circumstances, such as their being pregnant, parents, chronically ill or self-supporting, are not able to attend the classes of instruction regularly provided in high school;

    (b) Are deficient in the amount of academic credit necessary to graduate with pupils their same age;

    (c) Are chronically absent from high school; or

    (d) Require instruction on a more personal basis than that regularly provided in high school.


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ê2001 Statutes of Nevada, Page 3157 (Chapter 599, SB 399)ê

 

    2.  An alternative program may include:

    (a) A shorter school day, and an opportunity for pupils to attend a longer school day, than that regularly provided in high school.

    (b) An opportunity for pupils to attend classes of instruction during any part of the calendar year.

    (c) A comprehensive curriculum that includes elective classes of instruction and occupational education.

    (d) An opportunity for pupils to obtain academic credit through experience gained at work or while engaged in other activities.

    (e) An opportunity for pupils to satisfy either:

         (1) The requirements for a regular high school diploma; or

         (2) The requirements for a high school diploma for adults.

    (f) The provision of child care for the children of pupils.

    (g) The transportation of pupils to and from classes of instruction.

    (h) The temporary placement of pupils for independent study, if there are extenuating circumstances which prevent those pupils from attending the alternative program on a daily basis.

    3.  The board of trustees of a school district may operate an alternative program pursuant to this section through a program of distance education pursuant to sections 35 to 49, inclusive, of this act.

    Sec. 52.  NRS 388.700 is hereby amended to read as follows:

    388.700  1.  Except as otherwise provided in subsections 2, 3 and 6, after the last day of the first month of the school year, the ratio in each school district of pupils per class in kindergarten and grades 1, 2 and 3 per licensed teacher designated to teach those classes full time must not exceed 15 to 1 in classes where core curriculum is taught. In determining this ratio, all licensed educational personnel who teach kindergarten or grade 1, 2 or 3 must be counted except teachers of art, music, physical education or special education, counselors, librarians, administrators, deans and specialists.

    2.  A school district may, within the limits of any plan adopted pursuant to NRS 388.720, assign a pupil whose enrollment in a grade occurs after the last day of the first month of the school year to any existing class regardless of the number of pupils in the class.

    3.  The state board may grant to a school district a variance from the limitation on the number of pupils per class set forth in subsection 1 for good cause, including the lack of available financial support specifically set aside for the reduction of pupil-teacher ratios.

    4.  The state board shall, on or before February 1 of each odd-numbered year, report to the legislature on:

    (a) Each variance granted by it during the preceding biennium, including the specific justification for the variance.

    (b) The data reported to it by the various school districts pursuant to subsection 2 of NRS 388.710, including an explanation of that data, and the current pupil-teacher ratios per class in kindergarten and grades 1, 2 and 3.

    5.  The department shall, on or before November 15 of each year, report to the chief of the budget division of the department of administration and the fiscal analysis division of the legislative counsel bureau:

    (a) The number of teachers employed;

    (b) The number of teachers employed in order to attain the ratio required by subsection 1;

    (c) The number of pupils enrolled; and


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    (d) The number of teachers assigned to teach in the same classroom with another teacher or in any other arrangement other than one teacher assigned to one classroom of pupils,

during the current school year in kindergarten and grades 1, 2 and 3 for each school district.

    6.  The provisions of this section do not apply to a charter school [.] or to a program of distance education provided pursuant to sections 35 to 49, inclusive, of this act.

    Sec. 53.  NRS 389.017 is hereby amended to read as follows:

    389.017  1.  The state board shall [prescribe] adopt regulations requiring that each board of trustees of a school district and each governing body of a charter school submit to the superintendent of public instruction and the department, in the form and manner prescribed by the superintendent, the results of achievement and proficiency examinations given in the 4th, 8th, 10th and 11th grades to public school pupils of the district and charter schools. The state board shall not include in the regulations any provision which would violate the confidentiality of the test scores of any individual pupil.

    2.  The results of examinations must be reported for each school, including, without limitation, each charter school, school district and this state , as follows:

    (a) The average score, as defined by the department, of pupils who took the examinations under regular testing conditions; and

    (b) The average score, as defined by the department, of pupils who took the examinations with modifications or accommodations approved by the private entity that created the examination or, if the department created the examination, the department, if such reporting does not violate the confidentiality of the test scores of any individual pupil.

    3.  The department shall adopt regulations prescribing the requirements for reporting the scores of pupils who:

    (a) Took the examinations under conditions that were not approved by the private entity that created the examination or, if the department created the examination, by the department;

    (b) Are enrolled in special schools for children with disabilities;

    (c) Are enrolled in an alternative program for the education of pupils at risk of dropping out of high school [;] , including, without limitation, a program of distance education that is provided to pupils who are at risk of dropping out of high school pursuant to sections 35 to 49, inclusive, of this act; or

    (d) Are detained in a:

         (1) Youth training center;

         (2) Youth center;

         (3) Juvenile forestry camp;

         (4) Detention home;

         (5) Youth camp;

         (6) Juvenile correctional institution; or

         (7) Correctional institution.

The scores reported pursuant to this subsection must not be included in the average scores reported pursuant to subsection 2.

    4.  Not later than 10 days after the department receives the results of the achievement and proficiency examinations, the department shall transmit a copy of the results of the examinations administered pursuant to NRS 389.015 to the legislative bureau of educational accountability and program evaluation in a manner that does not violate the confidentiality of the test scores of any individual pupil.

 


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ê2001 Statutes of Nevada, Page 3159 (Chapter 599, SB 399)ê

 

NRS 389.015 to the legislative bureau of educational accountability and program evaluation in a manner that does not violate the confidentiality of the test scores of any individual pupil.

    5.  On or before November 15 of each year, each school district and each charter school shall report to the department the following information for each examination administered in the public schools in the school district or charter school:

    (a) The examination administered;

    (b) The grade level or levels of pupils to whom the examination was administered;

    (c) The costs incurred by the school district or charter school in administering each examination; and

    (d) The purpose, if any, for which the results of the examination are used by the school district or charter school.

On or before December 15 of each year, the department shall transmit to the budget division of the department of administration and the fiscal analysis division of the legislative counsel bureau the information submitted to the department pursuant to this subsection.

    6.  The superintendent of schools of each school district and the governing body of each charter school shall certify that the number of pupils who took the examinations required pursuant to NRS 389.015 is equal to the number of pupils who are enrolled in each school in the school district or in the charter school who are required to take the examinations except for those pupils who are exempt from taking the examinations. A pupil may be exempt from taking the examinations if:

    (a) His primary language is not English and his proficiency in the English language is below the level that the state board determines is proficient, as measured by an assessment of proficiency in the English language prescribed by the state board pursuant to subsection 8; or

    (b) He is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, and his program of special education specifies that he is exempt from taking the examinations.

    7.  In addition to the information required by subsection 5, the superintendent of public instruction shall:

    (a) Report the number of pupils who were not exempt from taking the examinations but were absent from school on the day that the examinations were administered; and

    (b) Reconcile the number of pupils who were required to take the examinations with the number of pupils who were exempt from taking the examinations or absent from school on the day that the examinations were administered.

    8.  The state board shall prescribe an assessment of proficiency in the English language for pupils whose primary language is not English to determine which pupils are exempt from the examinations pursuant to paragraph (a) of subsection 6.

    Sec. 54.  NRS 389.155 is hereby amended to read as follows:

    389.155  1.  The state board shall, by regulation, establish a program pursuant to which a pupil enrolled full time in high school may complete any required or elective course by independent study outside of the normal classroom setting. A program of independent study provided pursuant to this section may be offered through a program of distance education pursuant to sections 35 to 49, inclusive, of this act.


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ê2001 Statutes of Nevada, Page 3160 (Chapter 599, SB 399)ê

 

    2.  The regulations must require that:

    (a) The teacher of the course assign to the pupil the work assignments necessary to complete the course; and

    (b) The pupil and teacher meet or otherwise communicate with each other at least once each week during the course to discuss the pupil’s progress.

    3.  The board of trustees in each school district may, in accordance with the regulations adopted pursuant to subsections 1 and 2, provide for independent study by pupils enrolled full time in high schools in its district. A board of trustees that chooses to allow such study may provide that:

    (a) The pupils participating in the independent study be given instruction individually or in a group.

    (b) The independent study be offered during the regular school day.

    Sec. 55.  NRS 389.560 is hereby amended to read as follows:

    389.560  1.  The state board shall adopt regulations that require the board of trustees of each school district and the governing body of each charter school to submit to the superintendent of public instruction, the department and the council, in the form and manner prescribed by the superintendent, the results of the examinations administered pursuant to NRS 389.550. The state board shall not include in the regulations any provision that would violate the confidentiality of the test scores of an individual pupil.

    2.  The results of the examinations must be reported for each school, including, without limitation, each charter school, school district and this state, as follows:

    (a) The percentage of pupils who have demonstrated proficiency, as defined by the department, and took the examinations under regular testing conditions; and

    (b) The percentage of pupils who have demonstrated proficiency, as defined by the department, and took the examinations with modifications or accommodations approved by the private entity that created the examination or, if the department created the examination, the department, if such reporting does not violate the confidentiality of the test scores of any individual pupil.

    3.  The department shall adopt regulations prescribing the requirements for reporting the results of pupils who:

    (a) Took the examinations under conditions that were not approved by the private entity that created the examination or, if the department created the examination, by the department;

    (b) Are enrolled in special schools for children with disabilities;

    (c) Are enrolled in an alternative program for the education of pupils at risk of dropping out of high school [;] , including, without limitation, a program of distance education that is provided to pupils who are at risk of dropping out of high school pursuant to sections 35 to 49, inclusive, of this act; or

    (d) Are detained in a:

         (1) Youth training center;

         (2) Youth center;

         (3) Juvenile forestry camp;

         (4) Detention home;

         (5) Youth camp;

         (6) Juvenile correctional institution; or

         (7) Correctional institution.


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ê2001 Statutes of Nevada, Page 3161 (Chapter 599, SB 399)ê

 

The results reported pursuant to this subsection must not be included in the percentage of pupils reported pursuant to subsection 2.

    4.  Not later than 10 days after the department receives the results of the examinations, the department shall transmit a copy of the results to the legislative bureau of educational accountability and program evaluation in a manner that does not violate the confidentiality of the test scores of any individual pupil.

    5.  On or before November 15 of each year, each school district and each charter school shall report to the department the following information for each examination administered in the public schools in the school district or charter school:

    (a) The examination administered;

    (b) The grade level or levels of pupils to whom the examination was administered;

    (c) The costs incurred by the school district or charter school in administering each examination; and

    (d) The purpose, if any, for which the results of the examination are used by the school district or charter school.

On or before December 15 of each year, the department shall transmit to the budget division of the department of administration and the fiscal analysis division of the legislative counsel bureau the information submitted to the department pursuant to this subsection.

    6.  The superintendent of schools of each school district and the governing body of each charter school shall certify that the number of pupils who took the examinations is equal to the number of pupils who are enrolled in each school in the school district or in the charter school who are required to take the examinations, except for those pupils who are exempt from taking the examinations. A pupil may be exempt from taking the examinations if:

    (a) His primary language is not English and his proficiency in the English language is below the level that the state board determines is proficient, as measured by an assessment of proficiency in the English language prescribed by the state board pursuant to subsection 8; or

    (b) He is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, and his program of special education specifies that he is exempt from taking the examinations.

    7.  In addition to the information required by subsection 5, the superintendent of public instruction shall:

    (a) Report the number of pupils who were not exempt from taking the examinations but were absent from school on the day that the examinations were administered; and

    (b) Reconcile the number of pupils who were required to take the examinations with the number of pupils who were exempt from taking the examinations or absent from school on the day that the examinations were administered.

    8.  The state board shall prescribe an assessment of proficiency in the English language for pupils whose primary language is not English to determine which pupils are exempt from the examinations pursuant to paragraph (a) of subsection 6.

    Sec. 56.  NRS 391.170 is hereby amended to read as follows:

    391.170  1.  Except as otherwise provided in subsection 2, a teacher or other employee for whom a license is required is not entitled to receive any portion of public money for schools as compensation for services rendered unless:


…………………………………………………………………………………………………………………

ê2001 Statutes of Nevada, Page 3162 (Chapter 599, SB 399)ê

 

portion of public money for schools as compensation for services rendered unless:

    (a) He is legally employed by the board of trustees of the school district or the governing body of the charter school in which he is teaching or performing other educational functions.

    (b) He has a license authorizing him to teach or perform other educational functions at the level and in the field for which he is employed, issued in accordance with law and in full force at the time the services are rendered.

    2.  The provisions of subsection 1 do not prohibit the payment of public money to teachers or other employees who are employed by a charter school for whom a license is not required pursuant to the provisions of NRS 386.590 . [and 386.595.]

    Sec. 57.  NRS 391.31965 is hereby amended to read as follows:

    391.31965  Except as otherwise provided in this section, if a postprobationary employee of a school district or charter school in this state:

    1.  Voluntarily leaves his employment; and

    2.  Is, within 5 years after the date on which he left that employment, employed by any school district or charter school in this state in a position that is comparable to the position in which he attained his postprobationary status,

he must be allowed to continue as a postprobationary employee and must not be required to serve the probationary period required by subsection 1 of NRS 391.3197. This section does not apply to a postprobationary employee who voluntarily leaves his employment during the pendency of a proceeding for the suspension, demotion, dismissal or refusal to reemploy the postprobationary employee.

    Sec. 58.  NRS 392.010 is hereby amended to read as follows:

    392.010  Except as to the attendance of a pupil pursuant to NRS 392.015 or sections 35 to 49, inclusive, of this act, or a pupil who is ineligible for attendance pursuant to NRS 392.4675 and except as otherwise provided in NRS 392.264 and 392.268:

    1.  The board of trustees of any school district may, with the approval of the superintendent of public instruction:

    (a) Admit to the school or schools of the school district any pupil or pupils living in an adjoining school district within this state or in an adjoining state when the school district of residence in the adjoining state adjoins the receiving Nevada school district; or

    (b) Pay tuition for pupils residing in the school district but who attend school in an adjoining school district within this state or in an adjoining state when the receiving district in the adjoining state adjoins the school district of Nevada residence.

    2.  With the approval of the superintendent of public instruction, the board of trustees of the school district in which the pupil or pupils reside and the board of trustees of the school district in which the pupil or pupils attend school shall enter into an agreement providing for the payment of such tuition as may be agreed upon, but transportation costs must be paid by the board of trustees of the school district in which the pupil or pupils reside:

    (a) If any are incurred in transporting a pupil or pupils to an adjoining school district within the state; and

    (b) If any are incurred in transporting a pupil or pupils to an adjoining state, as provided by the agreement.


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ê2001 Statutes of Nevada, Page 3163 (Chapter 599, SB 399)ê

 

    3.  In addition to the provisions for the payment of tuition and transportation costs for pupils admitted to an adjoining school district as provided in subsection 2, the agreement may contain provisions for the payment of reasonable amounts of money to defray the cost of operation, maintenance and depreciation of capital improvements which can be allocated to such pupils.

    Sec. 59.  NRS 392.035 is hereby amended to read as follows:

    392.035  1.  In determining the mobility of pupils in a school, for any purpose, the department shall divide the sum of the following numbers by the cumulative enrollment in the school:

    (a) The number of late entries or transfers into a school from another school, school district or state, after the beginning of the school year;

    (b) The number of pupils reentering the school after having withdrawn from the same school; and

    (c) The number of pupils who withdraw for any reason or who are dropped for nonattendance.

    2.  To determine the cumulative enrollment of the school pursuant to subsection 1, the department shall add the total number of pupils enrolled in programs of instruction in the school who are included in the count for apportionment purposes pursuant to paragraphs (a) [, (b), (c), (e) and (f)] to (d), inclusive, (f) and (g) of subsection 1 of NRS 387.123 and the number of pupils included in paragraphs (a) and (b) of subsection 1.

    3.  The department shall develop and distribute to the county school districts a form upon which the information necessary to the formula may be submitted by the individual schools.

    Sec. 60.  NRS 392.040 is hereby amended to read as follows:

    392.040  1.  Except as otherwise provided by law, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of any child between the ages of 7 and 17 years shall send the child to a public school during all the time the public school is in session in the school district in which the child resides.

    2.  A child who is 5 years of age on or before September 30 of a school year may be admitted to kindergarten at the beginning of that school year, and his enrollment must be counted for purposes of apportionment. If a child is not 5 years of age on or before September 30 of a school year, the child must not be admitted to kindergarten.

    3.  Except as otherwise provided in subsection 4, a child who is 6 years of age on or before September 30 of a school year must:

    (a) If he has not completed kindergarten, be admitted to kindergarten at the beginning of that school year; or

    (b) If he has completed kindergarten, be admitted to the first grade at the beginning of that school year,

and his enrollment must be counted for purposes of apportionment. If a child is not 6 years of age on or before September 30 of a school year, the child must not be admitted to the first grade until the beginning of the school year following his sixth birthday.

    4.  The parents, custodial parent, guardian or other person within the State of Nevada having control or charge of a child who is 6 years of age on or before September 30 of a school year may elect for the child not to attend kindergarten or the first grade during that year. The parents, custodial parent, guardian or other person who makes such an election shall file with the board of trustees of the appropriate school district a waiver in a form prescribed by the board.


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ê2001 Statutes of Nevada, Page 3164 (Chapter 599, SB 399)ê

 

of trustees of the appropriate school district a waiver in a form prescribed by the board.

    5.  Whenever a child who is 6 years of age is enrolled in a public school, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of the child shall send him to the public school during all the time the school is in session. This requirement for attendance does not apply to any child under the age of 7 years who has not yet been enrolled or has been formally withdrawn from enrollment in public school.

    6.  A child who is 7 years of age on or before September 30 of a school year must:

    (a) If he has completed kindergarten and the first grade, be admitted to the second grade.

    (b) If he has completed kindergarten, be admitted to the first grade.

    (c) If the parents, custodial parent, guardian or other person in the State of Nevada having control or charge of the child waived the child’s attendance from kindergarten pursuant to subsection 4, undergo an assessment by the district pursuant to subsection 7 to determine whether the child is prepared developmentally to be admitted to the first grade. If the district determines that the child is prepared developmentally, he must be admitted to the first grade. If the district determines that the child is not so prepared, he must be admitted to kindergarten.

The enrollment of any child pursuant to this subsection must be counted for apportionment purposes.

    7.  Each school district shall prepare and administer before the beginning of each school year a developmental screening test to a child:

    (a) Who is 7 years of age on or before September 30 of the next school year; and

    (b) Whose parents waived his attendance from kindergarten pursuant to subsection 4,

to determine whether the child is prepared developmentally to be admitted to the first grade. The results of the test must be made available to the parents, custodial parent, guardian or other person within the State of Nevada having control or charge of the child.

    8.  A child who becomes a resident of this state after completing kindergarten or beginning first grade in another state in accordance with the laws of that state may be admitted to the grade he was attending or would be attending had he remained a resident of the other state regardless of his age, unless the board of trustees of the school district determines that the requirements of this section are being deliberately circumvented.

    9.  As used in this section, “kindergarten” includes:

    (a) A kindergarten established by the board of trustees of a school district pursuant to NRS 388.060; [and]

    (b) A kindergarten established by the governing body of a charter school; and

    (c) An authorized program of instruction for kindergarten offered in a child’s home pursuant to NRS 388.060.

    Sec. 61.  NRS 288.060 is hereby amended to read as follows:

    288.060  “Local government employer” means any political subdivision of this state or any public or quasi-public corporation organized under the laws of this state and includes, without limitation, counties, cities, unincorporated towns, school districts, charter schools, hospital districts, irrigation districts and other special districts.


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ê2001 Statutes of Nevada, Page 3165 (Chapter 599, SB 399)ê

 

    Sec. 62.  Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  All real and personal property that is leased or rented to a charter school is hereby deemed to be used for an educational purpose and is exempt from taxation. If the property is used partly for the lease or rental to a charter school and partly for other purposes, only the portion of the property that is used for the lease or rental to a charter school is exempt pursuant to this subsection.

    2.  To qualify for an exemption pursuant to subsection 1, the property owner must provide the county assessor with a copy of the lease or rental agreement indicating that:

    (a) The property is leased or rented to the charter school; and

    (b) The amount of payment required by the charter school pursuant to the agreement is reduced in an amount which is at least equal to the amount of the tax that would have been imposed if the property were not exempt pursuant to subsection 1.

    Sec. 63.  NRS 361.065 is hereby amended to read as follows:

    361.065  All lots, buildings and other school property owned by any legally created school district or charter school within the state and devoted to public school purposes are exempt from taxation.

    Sec. 64.  Section 60 of chapter 606, Statutes of Nevada 1999, at page 3324, is hereby amended to read as follows:

    Sec. 60.  1.  This section and sections 56 and 57 of this act become effective upon passage and approval.

    2.  Sections 1 to 12, inclusive, 13 to 16, inclusive, 18 to 24, inclusive, 26 to 45, inclusive, 47 to 54, inclusive, and 58 and 59 of this act become effective on July 1, 1999.

    3.  Sections 17, 25 and 46 of this act become effective at 12:01 a.m. on July 1, 1999.

    4.  [Section 12.5 of this act becomes effective on July 1, 2001.

5.]  Section 55 of this act becomes effective on July 1, [2003.] 2006.

    Sec. 64.5.  Section 1 of Senate Bill No. 243 of this session is hereby amended to read as follows:

    Section 1.  NRS 386.595 is hereby amended to read as follows:

    386.595  1.  All employees of a charter school shall be deemed public employees.

    2.  Except as otherwise provided in this subsection, the provisions of the collective bargaining agreement entered into by the board of trustees of the school district in which the charter school is located apply to the terms and conditions of employment of employees of the charter school who are on a leave of absence from the school district pursuant to subsection 5, including, without limitation, any provisions relating to representation by the employee organization that is a party to the collective bargaining agreement of the school district in a grievance proceeding or other dispute arising out of the agreement. The provisions of the collective bargaining agreement apply to each employee for the first 3 years that he is on a leave of absence from the school district. After the first 3 years that the employee is on a leave of absence:

    (a) If he is subsequently reassigned by the school district pursuant to subsection 5, he is covered by the collective bargaining agreement of the school district.


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ê2001 Statutes of Nevada, Page 3166 (Chapter 599, SB 399)ê

 

    (b) If he continues his employment with the charter school, he is covered by the collective bargaining agreement of the charter school, if applicable.

    3.  Except as otherwise provided in subsection 2, the governing body of a charter school may make all employment decisions with regard to its employees pursuant to NRS 391.311 to 391.3197, inclusive, unless a collective bargaining agreement entered into by the governing body pursuant to chapter 288 of NRS contains separate provisions relating to the discipline of licensed employees of a school.

    4.  [If] Except as otherwise provided in this subsection, if the written charter of a charter school is revoked [,] or if a charter school ceases to operate as a charter school, the employees of the charter school must be reassigned to employment within the school district in accordance with the applicable collective bargaining agreement. A school district is not required to reassign an employee of a charter school pursuant to this subsection if the employee:

    (a) Was not granted a leave of absence by the school district to teach at the charter school pursuant to subsection 5; or

    (b) Was granted a leave of absence by the school district and did not submit a written request to return to employment with the school district in accordance with subsection 5.

    5.  The board of trustees of a school district that is a sponsor of a charter school shall grant a leave of absence, not to exceed 6 years, to any employee who is employed by the board of trustees who requests such a leave of absence to accept employment with the charter school. After the first school year in which an employee is on a leave of absence, he may return to his former teaching position with the board of trustees. After the third school year, an employee who is on a leave of absence may submit a written request to the board of trustees to return to a comparable teaching position with the board of trustees. After the sixth school year, an employee shall either submit a written request to return to a comparable teaching position or resign from the position for which his leave was granted. The board of trustees shall grant a written request to return to a comparable position pursuant to this subsection even if the return of the employee requires the board of trustees to reduce the existing work force of the school district. The board of trustees may require that a request to return to a teaching position submitted pursuant to this subsection be submitted at least 90 days before the employee would otherwise be required to report to duty.

    6.  An employee who is on a leave of absence from a school district pursuant to this section shall contribute to and be eligible for all benefits for which he would otherwise be entitled, including, without limitation, participation in the public employees’ retirement system and accrual of time for the purposes of leave and retirement. The time during which such an employee is on leave of absence and employed in a charter school does not count toward the acquisition of permanent status with the school district.

    7.  Upon the return of a teacher to employment in the school district, he is entitled to the same level of retirement, salary and any other benefits to which he would otherwise be entitled if he had not taken a leave of absence to teach in a charter school.


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ê2001 Statutes of Nevada, Page 3167 (Chapter 599, SB 399)ê

 

    8.  An employee of a charter school who is not on a leave of absence from a school district is eligible for all benefits for which he would be eligible for employment in a public school, including, without limitation, participation in the public employees’ retirement system.

    9.  For all employees of a charter school:

    (a) The compensation that a teacher or other school employee would have received if he were employed by the school district must be used to determine the appropriate levels of contribution required of the employee and employer for purposes of the public employees’ retirement system.

    (b) The compensation that is paid to a teacher or other school employee that exceeds the compensation that he would have received if he were employed by the school district must not be included for the purposes of calculating future retirement benefits of the employee.

    10.  If the board of trustees of a school district in which a charter school is located manages a plan of group insurance for its employees, the governing body of the charter school may negotiate with the board of trustees to participate in the same plan of group insurance that the board of trustees offers to its employees. If the employees of the charter school participate in the plan of group insurance managed by the board of trustees, the governing body of the charter school shall:

    (a) Ensure that the premiums for that insurance are paid to the board of trustees; and

    (b) Provide, upon the request of the board of trustees, all information that is necessary for the board of trustees to provide the group insurance to the employees of the charter school.

    Sec. 65.  If the membership of the governing body of a charter school that is in operation before July 1, 2002, does not comply with the amendatory provisions of section 18 of this act, the charter school shall make appropriate changes to the membership of the governing body and otherwise take appropriate action to ensure that the governing body of the charter school complies with the amendatory provisions of section 18 of this act on or before July 1, 2002.

    Sec. 66.  Notwithstanding the provisions of subsection 1 of NRS 288.180 to the contrary, an employee organization established pursuant to chapter 288 of NRS which desires to negotiate with the governing body of a charter school:

    1.  Concerning a collective bargaining agreement intended to become effective during the 2001-2002 school year; and

    2.  With respect to a subject of negotiation that requires the budgeting of money,

must apply to the governing body for recognition on or before September 1, 2001, and give the notice required by subsection 1 of NRS 288.180 on or before October 1, 2001.

    Sec. 67.  If a person accepts an offer of employment from a charter school before the effective date of section 24 of this act and takes a leave of absence from the school district in which the charter school is located, the 3-year period provided in the amendatory provisions of subsection 2 of section 24 of this act begins to run after the effective date of that section, upon the renewal of any applicable collective bargaining agreement entered into by the board of trustees of the school district.


…………………………………………………………………………………………………………………

ê2001 Statutes of Nevada, Page 3168 (Chapter 599, SB 399)ê

 

    Sec. 68.  The state board of education shall consider sponsorship of charter schools in accordance with the amendatory provisions of section 15 of this act for schools that will commence operation during or after the 2002-2003 school year.

    Sec. 69.  1.  On or before December 1, 2001, the state board of education shall submit a draft of the regulations required by section 49 of this act to the legislative committee on education for the review and comment of the committee.

    2.  On or before February 1, 2002, the legislative committee on education shall review the draft regulations and provide comment to the state board.

    3.  On or before April 1, 2002, the state board shall adopt final regulations required by section 49 of this act.

    Sec. 70.  The department of education shall accept applications to provide programs of distance education in accordance with section 40 of this act for programs that will commence operation with the 2002-2003 school year. If any deadlines contained within the regulations adopted by the state board pursuant to section 49 of this act prohibit a school district or charter school from submitting an application for the 2002-2003 school year, the department shall grant a shorter period of time for the school district or charter school to submit an application for the 2002-2003 school year, notwithstanding the provisions of those regulations.

    Sec. 71.  If a school district or charter school has provided before June 1, 2001, a program that includes distance education in accordance with all applicable statutes and regulations, the school district or charter school may continue to offer that program for the 2001-2002 school year if the school district or charter school provides written notice of the existence of the program to the department of education on or before July 1, 2001. After the 2001-2002 school year, the school district or charter school must comply with sections 35 to 49, inclusive, of this act, if it desires to continue the program. The provisions of this section apply to a charter school regardless of whether the terms of the written charter of the charter school authorize the charter school to provide a program that includes distance education.

    Sec. 72.  The department of education shall provide the financial support necessary for the school districts and charter schools to incorporate charter schools into the statewide automated system of information concerning pupils pursuant to the amendatory provisions of sections 27 and 28 of this act.

    Sec. 73.  The amendatory provisions of this act do not apply to offenses committed before July 1, 2001.

    Sec. 74.  Section 12.5 of chapter 606, Statutes of Nevada 1999, at page 3292, is hereby repealed.

    Sec. 75.  1.  This section and sections 24, 64, 66 and 67 of this act become effective upon passage and approval.

    2.  Sections 3 to 12, inclusive, 14, 16 to 19, inclusive, 21, 22, 23, 27, 28, 56, 60 to 63, inclusive, 65, and 68 to 74, inclusive, of this act become effective on July 1, 2001.

    3.  Sections 57 and 64.5 of this act become effective at 12:01 a.m. on July 1, 2001.

    4.  Sections 1, 2, 13, 15, 20, 25, 26, 29, 30 to 55, inclusive, 58 and 59 of this act become effective on July 1, 2002.

________

 


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ê2001 Statutes of Nevada, Page 3169ê

 

CHAPTER 600, SB 307

Senate Bill No. 307–Senator Schneider

 

CHAPTER 600

 

AN ACT relating to appraisers of real estate; requiring the real estate division of the department of business and industry to hire professional consultants to ensure compliance with Title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989; increasing certain fees of the real estate division; making an appropriation; and providing other matters properly relating thereto.

 

[Approved: June 15, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 645C.170 is hereby amended to read as follows:

    645C.170  1.  The division shall [administer] :

    (a) Administer this chapter and may employ legal counsel, investigators and other professional consultants necessary to the discharge of its duties pursuant to this chapter [.] ; and

    (b) Within the limits of available money, employ or contract for the services of professional consultants to investigate complaints, conduct audits and perform any other activities necessary to ensure compliance with Title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989, as amended.

    2.  No employee of the division may:

    (a) Be employed by or have an interest in any business that prepares appraisals; or

    (b) Act as an appraiser, as an agent for an appraiser or as an intern.

    Sec. 2.   NRS 645C.450 is hereby amended to read as follows:

    645C.450  1.  The following fees may be charged and collected by the division:

 

    Application for a certificate, license or registration card......................................................................................................... $100

    Issuance or renewal of a certificate or license as a residential appraiser..................................................................... [250] 290

    Issuance or renewal of a certificate as a general appraiser............................................................................................ [350] 390

    Issuance of a permit................................................................................................................................................................ [75] 115

    Issuance or renewal of a registration card......................................................................................................................... [150] 190

    Issuance of a duplicate certificate or license for an additional office...................................................................................... 50

    Change in the name or location of a business............................................................................................................................... 10

    Reinstatement of an inactive certificate or license....................................................................................................................... 10

    Annual approval of a course of instruction offered in preparation for an initial certificate or license............................ 100

    Annual approval of a course of instruction offered for continuing education............................................................................     50

 

    2.  The division shall adopt regulations which establish the fees to be charged and collected by the division for:

    (a) The examination for a certificate or license; and

    (b) Any additional expenses which are necessary for the administration of the examination.


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ê2001 Statutes of Nevada, Page 3170 (Chapter 600, SB 307)ê

 

    Sec. 3.  1.  There is hereby appropriated from the state general fund to the real estate division of the department of business and industry to investigate complaints, conduct audits and perform any other activities necessary to ensure compliance with Title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989, as amended:

For the fiscal year 2001-2002.......................................................................................................... $22,000

For the fiscal year 2002-2003.......................................................................................................... $22,000

    2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.

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

________

 

CHAPTER 601, SB 577

Senate Bill No. 577–Senators James, Raggio, O’Donnell, Amodei, Rawson, Jacobsen and McGinness

 

CHAPTER 601

 

AN ACT relating to business associations; revising the statutory liability of the stockholders, directors and officers of a corporation; increasing the fees and revising certain requirements for filing certain documents with the secretary of state; requiring certain fees charged by the secretary of state for special services to be deposited in the state general fund; and providing other matters properly relating thereto.

 

[Approved: June 15, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 78 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided by specific statute, no stockholder, director or officer of a corporation is individually liable for a debt or liability of the corporation, unless the stockholder, director or officer acts as the alter ego of the corporation.

    2.  A stockholder, director or officer acts as the alter ego of a corporation if:

    (a) The corporation is influenced and governed by the stockholder, director or officer;

    (b) There is such unity of interest and ownership that the corporation and the stockholder, director or officer are inseparable from each other; and

    (c) Adherence to the corporate fiction of a separate entity would sanction fraud or promote a manifest injustice.

    3.  The question of whether a stockholder, director or officer acts as the alter ego of a corporation must be determined by the court as a matter of law.

    Sec. 1.5.  NRS 78.0295 is hereby amended to read as follows:

    78.0295  1.  A corporation may correct a document filed by the secretary of state with respect to the corporation if the document contains an inaccurate record of a corporate action described in the document or was defectively executed, attested, sealed, verified or acknowledged.


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    2.  To correct a document, the corporation shall:

    (a) Prepare a certificate of correction which:

         (1) States the name of the corporation;

         (2) Describes the document, including, without limitation, its filing date;

         (3) Specifies the inaccuracy or defect;

         (4) Sets forth the inaccurate or defective portion of the document in an accurate or corrected

form; and

         (5) Is signed by an officer of the corporation.

    (b) Deliver the certificate to the secretary of state for filing.

    (c) Pay a filing fee of [$75] $150 to the secretary of state.

    3.  A certificate of correction is effective on the effective date of the document it corrects except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, the certificate is effective when filed.

    Sec. 2.  NRS 78.037 is hereby amended to read as follows:

    78.037  The articles of incorporation may also contain [:

    1.  A provision eliminating or limiting the personal liability of a director or officer to the corporation or its stockholders for damages for breach of fiduciary duty as a director or officer, but such a provision must not eliminate or limit the liability of a director or officer for:

    (a) Acts or omissions which involve intentional misconduct, fraud or a knowing violation of law; or

    (b) The payment of distributions in violation of NRS 78.300.

    2.  Any] any provision, not contrary to the laws of this state [, for] :

    1.  For the management of the business and for the conduct of the affairs of the corporation [, and any provision creating,] ;

    2.  Creating, defining, limiting or regulating the powers of the corporation or the rights, powers or duties of the directors, [and] the officers or the stockholders, or any class of the stockholders, or the holders of bonds or other obligations of the corporation [, or governing] ; or

    3.  Governing the distribution or division of the profits of the corporation.

    Sec. 3.  NRS 78.138 is hereby amended to read as follows:

    78.138  1.  Directors and officers shall exercise their powers in good faith and with a view to the interests of the corporation.

    2.  In performing their respective duties, directors and officers are entitled to rely on information, opinions, reports, books of account or statements, including financial statements and other financial data, that are prepared or presented by:

    (a) One or more directors, officers or employees of the corporation reasonably believed to be reliable and competent in the matters prepared or presented;

    (b) Counsel, public accountants, financial advisers, valuation advisers, investment bankers or other persons as to matters reasonably believed to be within the preparer’s or presenter’s professional or expert competence; or

    (c) A committee on which the director or officer relying thereon does not serve, established in accordance with NRS 78.125, as to matters within the committee’s designated authority and matters on which the committee is reasonably believed to merit confidence, but a director or officer is not entitled to rely on such information, opinions, reports, books of account or statements if he has knowledge concerning the matter in question that would cause reliance thereon to be unwarranted.


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but a director or officer is not entitled to rely on such information, opinions, reports, books of account or statements if he has knowledge concerning the matter in question that would cause reliance thereon to be unwarranted.

    3.  Directors and officers, in deciding upon matters of business, are presumed to act in good faith, on an informed basis and with a view to the interests of the corporation.

    4.  Directors and officers, in exercising their respective powers with a view to the interests of the corporation, may consider:

    (a) The interests of the corporation’s employees, suppliers, creditors and customers;

    (b) The economy of the state and nation;

    (c) The interests of the community and of society; and

    (d) The long-term as well as short-term interests of the corporation and its stockholders, including the possibility that these interests may be best served by the continued independence of the corporation.

    5.  Directors and officers are not required to consider the effect of a proposed corporate action upon any particular group having an interest in the corporation as a dominant factor.

    6.  The provisions of subsections 4 and 5 do not create or authorize any causes of action against the corporation or its directors or officers.

    7.  Except as otherwise provided in NRS 35.230, 90.660, 91.250, 452.200, 452.270, 668.045 and 694A.030, a director or officer is not individually liable to the corporation or its stockholders for any damages as a result of any act or failure to act in his capacity as a director or officer unless it is proven that:

    (a) His act or failure to act constituted a breach of his fiduciary duties as a director or officer; and

    (b) His breach of those duties involved intentional misconduct, fraud or a knowing violation of law.

    Sec. 4.  NRS 78.150 is hereby amended to read as follows:

    78.150  1.  A corporation organized pursuant to the laws of this state shall, on or before the first day of the second month after the filing of its articles of incorporation with the secretary of state, file with the secretary of state a list, on a form furnished by him, containing:

    (a) The name of the corporation;

    (b) The file number of the corporation, if known;

    (c) The names and titles of the president, secretary, treasurer and of all the directors of the corporation;

    (d) The mailing or street address, either residence or business, of each officer and director listed, following the name of the officer or director; [and]

    (e) The name and street address of the resident agent of the corporation; and

    (f) The signature of an officer of the corporation certifying that the list is true, complete and accurate.

    2.  The corporation shall annually thereafter, on or before the last day of the month in which the anniversary date of incorporation occurs in each year, file with the secretary of state, on a form furnished by him, an annual list containing all of the information required in subsection 1.

    3.  Each list required by subsection 1 or 2 must be accompanied by a declaration under penalty of perjury that the corporation has complied with the provisions of chapter 364A of NRS.

    4.  Upon filing the [annual] list required by [subsection] :


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    (a) Subsection 1, the corporation shall pay to the secretary of state a fee of $165.

    (b) Subsection 2, the corporation shall pay to the secretary of state a fee of $85.

    [4.] 5.  The secretary of state shall, 60 days before the last day for filing [the] each annual list required by subsection 2, cause to be mailed to each corporation which is required to comply with the provisions of NRS 78.150 to 78.185, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection [3] 4 and a reminder to file the annual list required by subsection 2. Failure of any corporation to receive a notice or form does not excuse it from the penalty imposed by law.

    [5.] 6.  If the list to be filed pursuant to the provisions of subsection 1 or 2 is defective in any respect or the fee required by subsection [3, 6 or 7] 4 or 8 is not paid, the secretary of state may return the list for correction or payment.

    [6.] 7.  An annual list for a corporation not in default which is received by the secretary of state more than 60 days before its due date shall be deemed an amended list for the previous year and must be accompanied by a fee of $85 for filing. A payment submitted pursuant to this subsection does not satisfy the requirements of subsection 2 for the year to which the due date is applicable.

    [7.] 8.  If the corporation is an association as defined in NRS 116.110315, the secretary of state shall not accept the filing required by this section unless it is accompanied by evidence of the payment of the fee required to be paid pursuant to NRS 116.31155 that is provided to the association pursuant to subsection 4 of that section.

    Sec. 5.  NRS 78.155 is hereby amended to read as follows:

    78.155  If a corporation has filed the initial or annual list [of officers and directors and designation of resident agent] in compliance with NRS 78.150 and has paid the appropriate fee for the filing, the canceled check received by the corporation constitutes a certificate authorizing it to transact its business within this state until the last day of the month in which the anniversary of its incorporation occurs in the next succeeding calendar year. If the corporation desires a formal certificate upon its payment of the initial or annual fee, its payment must be accompanied by a self-addressed, stamped envelope.

    Sec. 6.  NRS 78.170 is hereby amended to read as follows:

    78.170  1.  Each corporation required to make a filing and pay the fee prescribed in NRS 78.150 to 78.185, inclusive, which refuses or neglects to do so within the time provided shall be deemed in default.

    2.  For default there must be added to the amount of the fee a penalty of [$15.] $50. The fee and penalty must be collected as provided in this chapter.

    Sec. 7.  NRS 78.180 is hereby amended to read as follows:

    78.180  1.  Except as otherwise provided in subsections 3 and 4, the secretary of state shall reinstate a corporation which has forfeited its right to transact business pursuant to the provisions of this chapter and restore to the corporation its right to carry on business in this state, and to exercise its corporate privileges and immunities, if it:

    (a) Files with the secretary of state the list required by NRS 78.150; and

    (b) Pays to the secretary of state:

         (1) The [annual] filing fee and penalty set forth in NRS 78.150 and 78.170 for each year or portion thereof during which it failed to file each required annual list in a timely manner; and


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ê2001 Statutes of Nevada, Page 3174 (Chapter 601, SB 577)ê

 

         (2) A fee of [$50] $200 for reinstatement.

    2.  When the secretary of state reinstates the corporation, he shall:

    (a) Immediately issue and deliver to the corporation a certificate of reinstatement authorizing it to transact business as if the filing fee or fees had been paid when due; and

    (b) Upon demand, issue to the corporation one or more certified copies of the certificate of reinstatement.

    3.  The secretary of state shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation of the charter occurred only by reason of failure to pay the fees and penalties.

    4.  If a corporate charter has been revoked pursuant to the provisions of this chapter and has remained revoked for a period of 5 consecutive years, the charter must not be reinstated.

    Sec. 8.  NRS 78.300 is hereby amended to read as follows:

    78.300  1.  The directors of a corporation shall not make distributions to stockholders except as provided by this chapter.

    2.  [In] Except as otherwise provided in subsection 3 and NRS 78.138, in case of any [willful or grossly negligent] violation of the provisions of this section, the directors under whose administration the violation occurred [, except those who caused their dissent to be entered upon the minutes of the meeting of the directors at the time, or who not then being present caused their dissent to be entered on learning of such action,] are jointly and severally liable, at any time within 3 years after each violation, to the corporation, and, in the event of its dissolution or insolvency, to its creditors at the time of the violation, or any of them, to the lesser of the full amount of the distribution made or of any loss sustained by the corporation by reason of the distribution to stockholders.

    3.  The liability imposed pursuant to subsection 2 does not apply to a director who caused his dissent to be entered upon the minutes of the meeting of the directors at the time the action was taken or who was not present at the meeting and caused his dissent to be entered on learning of the action.

    Sec. 8.5.  NRS 78.390 is hereby amended to read as follows:

    78.390  1.  Every amendment adopted pursuant to the provisions of NRS 78.385 must be made in the following manner:

    (a) The board of directors must adopt a resolution setting forth the amendment proposed and declaring its advisability, and either call a special meeting of the stockholders entitled to vote on the amendment or direct that the proposed amendment be considered at the next annual meeting of the stockholders entitled to vote on the amendment.

    (b) At the meeting, of which notice must be given to each stockholder entitled to vote pursuant to the provisions of this section, a vote of the stockholders entitled to vote in person or by proxy must be taken for and against the proposed amendment. If it appears upon the canvassing of the votes that stockholders holding shares in the corporation entitling them to exercise at least a majority of the voting power, or such greater proportion of the voting power as may be required in the case of a vote by classes or series, as provided in subsections 2 and 4, or as may be required by the provisions of the articles of incorporation, have voted in favor of the amendment, an officer of the corporation shall sign a certificate setting forth the amendment, or setting forth the articles of incorporation as amended, and the vote by which the amendment was adopted.


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ê2001 Statutes of Nevada, Page 3175 (Chapter 601, SB 577)ê

 

    (c) The certificate so signed must be filed with the secretary of state.

    2.  If any proposed amendment would adversely alter or change any preference or any relative or other right given to any class or series of outstanding shares, then the amendment must be approved by the vote, in addition to the affirmative vote otherwise required, of the holders of shares representing a majority of the voting power of each class or series adversely affected by the amendment regardless of limitations or restrictions on the voting power thereof.

    3.  Provision may be made in the articles of incorporation requiring, in the case of any specified amendments, a larger proportion of the voting power of stockholders than that required by this section.

    4.  Different series of the same class of shares do not constitute different classes of shares for the purpose of voting by classes except when the series is adversely affected by an amendment in a different manner than other series of the same class.

    5.  The resolution of the stockholders approving the proposed amendment may provide that at any time before the effective date of the amendment, notwithstanding approval of the proposed amendment by the stockholders, the board of directors may, by resolution, abandon the proposed amendment without further action by the stockholders.

    6.  A certificate filed pursuant to subsection 1 becomes effective upon filing with the secretary of state or upon a later date specified in the certificate, which must not be later than 90 days after the certificate is filed.

    7.  If a certificate filed pursuant to subsection 1 specifies an effective date and if the resolution of the stockholders approving the proposed amendment provides that the board of directors may abandon the proposed amendment pursuant to subsection 5, the board of directors may terminate the effectiveness of the certificate by resolution and by filing a certificate of termination with the secretary of state that:

    (a) Is filed before the effective date specified in the certificate filed pursuant to subsection 1;

    (b) Identifies the certificate being terminated;

    (c) States that, pursuant to the resolution of the stockholders, the board of directors is authorized

to terminate the effectiveness of the certificate;

    (d) States that the effectiveness of the certificate has been terminated;

    (e) Is signed by an officer of the corporation; and

    (f) Is accompanied by a filing fee of [$75.] $150.

    Sec. 9.  NRS 78.7502 is hereby amended to read as follows:

    78.7502  1.  A corporation may indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, except an action by or in the right of the corporation, by reason of the fact that he is or was a director, officer, employee or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against expenses, including attorneys’ fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with the action, suit or proceeding if he [acted] :

    (a) Is not liable pursuant to NRS 78.138; or


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    (b) Acted in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful.

The termination of any action, suit or proceeding by judgment, order, settlement, conviction or upon a plea of nolo contendere or its equivalent, does not, of itself, create a presumption that the person is liable pursuant to NRS 78.138 or did not act in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation, [and] or that, with respect to any criminal action or proceeding, he had reasonable cause to believe that his conduct was unlawful.

    2.  A corporation may indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action or suit by or in the right of the corporation to procure a judgment in its favor by reason of the fact that he is or was a director, officer, employee or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise against expenses, including amounts paid in settlement and attorneys’ fees actually and reasonably incurred by him in connection with the defense or settlement of the action or suit if he [acted] :

    (a) Is not liable pursuant to NRS 78.138; or

    (b) Acted in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation.

Indemnification may not be made for any claim, issue or matter as to which such a person has been adjudged by a court of competent jurisdiction, after exhaustion of all appeals therefrom, to be liable to the corporation or for amounts paid in settlement to the corporation, unless and only to the extent that the court in which the action or suit was brought or other court of competent jurisdiction determines upon application that in view of all the circumstances of the case, the person is fairly and reasonably entitled to indemnity for such expenses as the court deems proper.

    3.  To the extent that a director, officer, employee or agent of a corporation has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in subsections 1 and 2, or in defense of any claim, issue or matter therein, the corporation shall indemnify him against expenses, including attorneys’ fees, actually and reasonably incurred by him in connection with the defense.

    Sec. 10.  NRS 78.760 is hereby amended to read as follows:

    78.760  1.  The fee for filing articles of incorporation is prescribed in the following schedule:

 

If the amount represented by the total number of shares provided for in the articles is:

[$25,000 or less......................................................................................................................................... $125

Over $25,000 and not over] $75,000 or less....................................................................................... $175

Over $75,000 and not over $200,000..................................................................................................... 225

Over $200,000 and not over $500,000.................................................................................................. 325

Over $500,000 and not over $1,000,000............................................................................................... 425

Over $1,000,000:

         For the first $1,000,000.................................................................................................................... 425

         For each additional $500,000 or fraction thereof....................................................................... 225

 


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    2.  The maximum fee which may be charged pursuant to this section is $25,000 for:

    (a) The original filing of articles of incorporation.

    (b) A subsequent filing of any instrument which authorizes an increase in stock.

    3.  For the purposes of computing the filing fees according to the schedule in subsection 1, the amount represented by the total number of shares provided for in the articles of incorporation is:

    (a) The aggregate par value of the shares, if only shares with a par value are therein provided for;

    (b) The product of the number of shares multiplied by $1, regardless of any lesser amount prescribed as the value or consideration for which shares may be issued and disposed of, if only shares without par value are therein provided for; or

    (c) The aggregate par value of the shares with a par value plus the product of the number of shares without par value multiplied by $1, regardless of any lesser amount prescribed as the value or consideration for which the shares without par value may be issued and disposed of, if shares with and without par value are therein provided for.

For the purposes of this subsection, shares with no prescribed par value shall be deemed shares without par value.

    4.  The secretary of state shall calculate filing fees pursuant to this section with respect to shares with a par value of less than one-tenth of a cent as if the par value were one-tenth of a cent.

    Sec. 11.  NRS 78.765 is hereby amended to read as follows:

    78.765  1.  The fee for filing a certificate changing the number of authorized shares pursuant to NRS 78.209 or a certificate of amendment to articles of incorporation that increases the corporation’s authorized stock or a certificate of correction that increases the corporation’s authorized stock is the difference between the fee computed at the rates specified in NRS 78.760 upon the total authorized stock of the corporation, including the proposed increase, and the fee computed at the rates specified in NRS 78.760 upon the total authorized capital, excluding the proposed increase. In no case may the amount be less than [$75.] $150.

    2.  The fee for filing a certificate of amendment to articles of incorporation that does not increase the corporation’s authorized stock or a certificate of correction that does not increase the corporation’s authorized stock is [$75.] $150.

    3.  The fee for filing a certificate or an amended certificate pursuant to NRS 78.1955 is [$75.] $150.

    4.  The fee for filing a certificate of termination pursuant to NRS 78.1955, 78.209 or 78.380 is [$75.] $150.

    Sec. 12.  NRS 78.767 is hereby amended to read as follows:

    78.767  1.  The fee for filing a certificate of restated articles of incorporation that does not increase the corporation’s authorized stock is [$75.] $150.

    2.  The fee for filing a certificate of restated articles of incorporation that increases the corporation’s authorized stock is the difference between the fee computed pursuant to NRS 78.760 based upon the total authorized stock of the corporation, including the proposed increase, and the fee computed pursuant to NRS 78.760 based upon the total authorized stock of the corporation, excluding the proposed increase.


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corporation, excluding the proposed increase. In no case may the amount be less than [$75.] $150.

    Sec. 13.  NRS 78.780 is hereby amended to read as follows:

    78.780  1.  The fee for filing a certificate of extension of corporate existence of any corporation is an amount equal to one-fourth of the fee computed at the rates specified in NRS 78.760 for filing articles of incorporation.

    2.  The fee for filing a certificate of dissolution whether it occurs before or after payment of capital and beginning of business is [$30.] $60.

    Sec. 14.  NRS 78.785 is hereby amended to read as follows:

    78.785  1.  The fee for filing a certificate of change of location of a corporation’s registered office and resident agent, or a new designation of resident agent, is [$15.] $30.

    2.  The fee for certifying articles of incorporation where a copy is provided is [$10.] $20.

    3.  The fee for certifying a copy of an amendment to articles of incorporation, or to a copy of the articles as amended, where a copy is furnished, is [$10.] $20.

    4.  The fee for certifying an authorized printed copy of the general corporation law as compiled by the secretary of state is [$10.] $20.

    5.  The fee for reserving a corporate name is $20.

    6.  The fee for executing a certificate of corporate existence which does not list the previous documents relating to the corporation, or a certificate of change in a corporate name, is [$20.] $40.

    7.  The fee for executing a certificate of corporate existence which lists the previous documents relating to the corporation is [$20.] $40.

    8.  The fee for executing, certifying or filing any certificate or document not provided for in NRS 78.760 to 78.785, inclusive, is [$20.] $40.

    9.  The fee for copies made at the office of the secretary of state is $1 per page.

    10.  The [fee] fees for filing articles of incorporation, articles of merger, or certificates of amendment increasing the basic surplus of a mutual or reciprocal insurer must be computed pursuant to NRS 78.760, 78.765 and 92A.210, on the basis of the amount of basic surplus of the insurer.

    11.  The fee for examining and provisionally approving any document at any time before the document is presented for filing is $100.

    Sec. 15.  NRS 80.050 is hereby amended to read as follows:

    80.050  1.  Except as otherwise provided in subsection 3, foreign corporations shall pay the same fees to the secretary of state as are required to be paid by corporations organized pursuant to the laws of this state, but the amount of fees to be charged must not exceed:

    (a) The sum of $25,000 for filing documents for initial qualification; or

    (b) The sum of $25,000 for each subsequent filing of a certificate increasing authorized capital stock.

    2.  If the corporate documents required to be filed set forth only the total number of shares of stock the corporation is authorized to issue without reference to value, the authorized shares shall be deemed to be without par value and the filing fee must be computed pursuant to paragraph (b) of subsection 3 of NRS 78.760.

    3.  Foreign corporations which are nonprofit corporations and do not have or issue shares of stock shall pay the same fees to the secretary of state as are required to be paid by nonprofit corporations organized pursuant to the laws of this state.


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as are required to be paid by nonprofit corporations organized pursuant to the laws of this state.

    4.  The fee for filing a notice of withdrawal from the State of Nevada by a foreign corporation is [$30.] $60.

    Sec. 16.  NRS 80.110 is hereby amended to read as follows:

    80.110  1.  Each foreign corporation doing business in this state shall, on or before the first day of the second month after the filing of its certificate of corporate existence with the secretary of state, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this state occurs in each year, file with the secretary of state [,] a list, on a form furnished by him, [a list of] that contains:

    (a) The names of its president, secretary and treasurer or their equivalent, and all of its directors [and a] ;

    (b) A designation of its resident agent in this state [, signed by] ; and

    (c) The signature of an officer of the corporation.

Each list filed pursuant to this subsection must be accompanied by a declaration under penalty of perjury that the foreign corporation has complied with the provisions of chapter 364A of NRS.

    2.  Upon filing [the list and designation,] :

    (a) The initial list required by subsection 1, the corporation shall pay to the secretary of state a fee of $165.

    (b) Each annual list required by subsection 1, the corporation shall pay to the secretary of state a fee of $85.

    3.  The secretary of state shall, 60 days before the last day for filing [the] each annual list required by subsection 1, cause to be mailed to each corporation required to comply with the provisions of NRS 80.110 to 80.170, inclusive, which has not become delinquent, the blank forms to be completed and filed with him. Failure of any corporation to receive the forms does not excuse it from the penalty imposed by the provisions of NRS 80.110 to 80.170, inclusive.

    4.  An annual list for a corporation not in default which is received by the secretary of state more than 60 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.

    Sec. 17.  NRS 80.120 is hereby amended to read as follows:

    80.120  If a corporation has filed the initial or annual list [of officers and directors and designation of resident agent] in compliance with NRS 80.110 and has paid the appropriate fee for the filing, the canceled check received by the corporation constitutes a certificate authorizing it to transact its business within this state until the last day of the month in which the anniversary of its qualification to transact business occurs in the next succeeding calendar year. If the corporation desires a formal certificate upon its payment of the initial or annual fee, its payment must be accompanied by a self-addressed, stamped envelope.

    Sec. 18.  NRS 80.150 is hereby amended to read as follows:

    80.150  1.  Any corporation required to make a filing and pay the fee prescribed in NRS 80.110 to 80.170, inclusive, which refuses or neglects to do so within the time provided, is in default.

    2.  For default there must be added to the amount of the fee a penalty of [$15,] $50, and unless the filing is made and the fee and penalty are paid on or before the first day of the ninth month following the month in which filing was required, the defaulting corporation by reason of its default forfeits its right to transact any business within this state.


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was required, the defaulting corporation by reason of its default forfeits its right to transact any business within this state. The fee and penalty must be collected as provided in this chapter.

    Sec. 19.  NRS 80.170 is hereby amended to read as follows:

    80.170  1.  Except as otherwise provided in subsections 3 and 4, the secretary of state shall reinstate a corporation which has forfeited or which forfeits its right to transact business under the provisions of this chapter and restore to the corporation its right to transact business in this state, and to exercise its corporate privileges and immunities if it:

    (a) Files with the secretary of state a list [of officers and directors] as provided in NRS 80.110 and 80.140; and

    (b) Pays to the secretary of state:

         (1) The [annual] filing fee and penalty set forth in NRS 80.110 and 80.150 for each year or portion thereof that its right to transact business was forfeited; and

         (2) A fee of [$50] $200 for reinstatement.

    2.  If payment is made and the secretary of state reinstates the corporation to its former rights , he shall:

    (a) Immediately issue and deliver to the corporation so reinstated a certificate of reinstatement authorizing it to transact business in the same manner as if the filing fee had been paid when due; and

    (b) Upon demand, issue to the corporation one or more certified copies of the certificate of reinstatement.

    3.  The secretary of state shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation of the right to transact business occurred only by reason of failure to pay the fees and penalties.

    4.  If the right of a corporation to transact business in this state has been forfeited pursuant to the provisions of NRS 80.160 and has remained forfeited for a period of 5 consecutive years, the right is not subject to reinstatement.

    Sec. 19.5.  NRS 86.226 is hereby amended to read as follows:

    86.226  1.  A signed certificate of amendment, or a certified copy of a judicial decree of amendment, must be filed with the secretary of state. A person who executes a certificate as an agent, officer or fiduciary of the limited-liability company need not exhibit evidence of his authority as a prerequisite to filing. Unless the secretary of state finds that a certificate does not conform to law, upon his receipt of all required filing fees he shall file the certificate.

    2.  A certificate of amendment or judicial decree of amendment is effective upon filing with the secretary of state or upon a later date specified in the certificate or judicial decree, which must not be more than 90 days after the certificate or judicial decree is filed.

    3.  If a certificate specifies an effective date and if the resolution of the members approving the proposed amendment provides that one or more managers or, if management is not vested in a manager, one or more members may abandon the proposed amendment, then those managers or members may terminate the effectiveness of the certificate by filing a certificate of termination with the secretary of state that:

    (a) Is filed before the effective date specified in the certificate or judicial decree filed pursuant to subsection 1;

    (b) Identifies the certificate being terminated;


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    (c) States that, pursuant to the resolution of the members, the manager of the company or, if management is not vested in a manager, a designated member is authorized to terminate the effectiveness of the certificate;

    (d) States that the effectiveness of the certificate has been terminated;

    (e) Is signed by a manager of the company or, if management is not vested in a manager, a designated member; and

    (f) Is accompanied by a filing fee of [$75.] $150.

    Sec. 20.  NRS 86.263 is hereby amended to read as follows:

    86.263  1.  A limited-liability company shall, on or before the [last] first day of the second month [in which the anniversary date of its formation occurs,] after the filing of its articles of organization with the secretary of state, file with the secretary of state, on a form furnished by him, a list [containing:] that contains:

    (a) The name of the limited-liability company;

    (b) The file number of the limited-liability company, if known;

    (c) The names and titles of all of its managers or, if there is no manager, all of its managing members;

    (d) The mailing or street address, either residence or business, of each manager or managing member listed, following the name of the manager or managing member; [and]

    (e) The name and street address of the resident agent of the limited-liability company; and

    (f) The signature of a manager or managing member of the limited-liability company certifying that the list is true, complete and accurate.

    2.  The limited-liability company shall annually thereafter, on or before the last day of the month in which the anniversary date of its organization occurs, file with the secretary of state, on a form furnished by him, an amended list containing all of the information required in subsection 1. If the limited-liability company has had no changes in its managers or, if there is no manager, its managing members, since its previous list was filed, no amended list need be filed if a manager or managing member of the limited-liability company certifies to the secretary of state as a true and accurate statement that no changes in the managers or managing members have occurred.

    3.  Each list required by subsection 1 and each list or certification required by subsection 2 must be accompanied by a declaration under penalty of perjury that the limited-liability company has complied with the provisions of chapter 364A of NRS.

    4.  Upon filing [the list of managers or managing members,] :

    (a) The initial list required by subsection 1, the limited-liability company shall pay to the secretary of state a fee of $165.

    (b) Each annual list required by subsection 2 or certifying that no changes have occurred, the limited-liability company shall pay to the secretary of state a fee of $85.

    [4.] 5.  The secretary of state shall, 60 days before the last day for filing [the] each list required by subsection [1,] 2, cause to be mailed to each limited-liability company required to comply with the provisions of this section, which has not become delinquent, a notice of the fee due under subsection [3] 4 and a reminder to file a list [of managers or managing members] required by subsection 2 or a certification of no change. Failure of any company to receive a notice or form does not excuse it from the penalty imposed by law.


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ê2001 Statutes of Nevada, Page 3182 (Chapter 601, SB 577)ê

 

    [5.] 6.  If the list to be filed pursuant to the provisions of subsection 1 or 2 is defective or the fee required by subsection [3] 4 is not paid, the secretary of state may return the list for correction or payment.

    [6.] 7.  An annual list for a limited-liability company not in default received by the secretary of state more than 60 days before its due date shall be deemed an amended list for the previous year.

    Sec. 21.  NRS 86.266 is hereby amended to read as follows:

    86.266  If a limited-liability company has filed the initial or annual list [of managers or members and designation of a resident agent] in compliance with NRS 86.263 and has paid the appropriate fee for the filing, the canceled check received by the limited-liability company constitutes a certificate authorizing it to transact its business within this state until the last day of the month in which the anniversary of its formation occurs in the next succeeding calendar year. If the company desires a formal certificate upon its payment of the annual fee, its payment must be accompanied by a self-addressed, stamped envelope.

    Sec. 22.  NRS 86.272 is hereby amended to read as follows:

    86.272  1.  Each limited-liability company required to make a filing and pay the fee prescribed in NRS 86.263 which refuses or neglects to do so within the time provided is in default.

    2.  For default there must be added to the amount of the fee a penalty of [$15.] $50. The fee and penalty must be collected as provided in this chapter.

    Sec. 23.  NRS 86.276 is hereby amended to read as follows:

    86.276  1.  Except as otherwise provided in subsections 3 and 4, the secretary of state shall reinstate any limited-liability company which has forfeited its right to transact business pursuant to the provisions of this chapter and restore to the company its right to carry on business in this state, and to exercise its privileges and immunities, if it:

    (a) Files with the secretary of state the list required by NRS 86.263; and

    (b) Pays to the secretary of state:

         (1) The [annual] filing fee and penalty set forth in NRS 86.263 and 86.272 for each year or portion thereof during which it failed to file in a timely manner each required annual list; and

         (2) A fee of [$50] $200 for reinstatement.

    2.  When the secretary of state reinstates the limited-liability company, he shall:

    (a) Immediately issue and deliver to the company a certificate of reinstatement authorizing it to transact business as if the filing fee had been paid when due; and

    (b) Upon demand, issue to the company one or more certified copies of the certificate of reinstatement.

    3.  The secretary of state shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation of the charter occurred only by reason of failure to pay the fees and penalties.

    4.  If a company’s charter has been revoked pursuant to the provisions of this chapter and has remained revoked for a period of 5 consecutive years, the charter must not be reinstated.

    Sec. 24.  NRS 86.561 is hereby amended to read as follows:

    86.561  1.  The secretary of state shall charge and collect for:

    (a) Filing the original articles of organization, or for registration of a foreign company, [$125;] $175;


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    (b) Amending or restating the articles of organization, amending the registration of a foreign company or filing a certificate of correction, [$75;] $150;

    (c) Filing the articles of dissolution of a domestic or foreign company, [$30;] $60;

    (d) Filing a statement of change of address of a records or registered office, or change of the resident agent, [$15;] $30;

    (e) Certifying articles of organization or an amendment to the articles, in both cases where a copy is provided, [$10;] $20;

    (f) Certifying an authorized printed copy of this chapter, [$10;] $20;

    (g) Reserving a name for a limited-liability company, $20;

    (h) Filing a certificate of cancellation, [$30;] $60;

    (i) Executing, filing or certifying any other document, [$20;] $40; and

    (j) Copies made at the office of the secretary of state, $1 per page.

    2.  The secretary of state shall charge and collect at the time of any service of process on him as agent for service of process of a limited-liability company, $10 which may be recovered as taxable costs by the party to the action causing the service to be made if the party prevails in the action.

    3.  Except as otherwise provided in this section, the fees set forth in NRS 78.785 apply to this chapter.

    Sec. 25.  NRS 87.440 is hereby amended to read as follows:

    87.440  1.  To become a registered limited-liability partnership, a partnership shall file with the secretary of state a certificate of registration stating each of the following:

    (a) The name of the partnership.

    (b) The street address of its principal office.

    (c) The name of the person designated as the partnership’s resident agent, the street address of the resident agent where process may be served upon the partnership and the mailing address of the resident agent if it is different than his street address.

    (d) The name and business address of each managing partner in this state.

    (e) A brief statement of the professional service rendered by the partnership.

    (f) That the partnership thereafter will be a registered limited-liability partnership.

    (g) Any other information that the partnership wishes to include.

    2.  The certificate of registration must be executed by a majority in interest of the partners or by one or more partners authorized to execute such a certificate.

    3.  The certificate of registration must be accompanied by a fee of [$125.] $175.

    4.  The secretary of state shall register as a registered limited-liability partnership any partnership that submits a completed certificate of registration with the required fee.

    5.  The registration of a registered limited-liability partnership is effective at the time of the filing of the certificate of registration.

    Sec. 26.  NRS 87.460 is hereby amended to read as follows:

    87.460  1.  A certificate of registration of a registered limited-liability partnership may be amended by filing with the secretary of state a certificate of amendment. The certificate of amendment must set forth:

    (a) The name of the registered limited-liability partnership;


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ê2001 Statutes of Nevada, Page 3184 (Chapter 601, SB 577)ê

 

    (b) The dates on which the registered limited-liability partnership filed its original certificate of registration and any other certificates of amendment; and

    (c) The change to the information contained in the original certificate of registration or any other certificates of amendment.

    2.  The certificate of amendment must be:

    (a) Signed by a managing partner of the registered limited-liability partnership; and

    (b) Accompanied by a fee of [$75.] $150.

    Sec. 27.  NRS 87.470 is hereby amended to read as follows:

    87.470  The registration of a registered limited-liability partnership is effective until:

    1.  Its certificate of registration is revoked pursuant to NRS 87.520; or

    2.  The registered limited-liability partnership files with the secretary of state a written notice of withdrawal executed by a managing partner. The notice must be accompanied by a fee of [$30.] $60.

    Sec. 28.  NRS 87.490 is hereby amended to read as follows:

    87.490  1.  If a registered limited-liability partnership wishes to change the location of its principal office in this state or its resident agent, it shall first file with the secretary of state a certificate of change that sets forth:

    (a) The name of the registered limited-liability partnership;

    (b) The street address of its principal office;

    (c) If the location of its principal office will be changed, the street address of its new principal office;

    (d) The name of its resident agent; and

    (e) If its resident agent will be changed, the name of its new resident agent.

The certificate of acceptance of its new resident agent must accompany the certificate of change.

    2.  A certificate of change filed pursuant to this section must be:

    (a) Signed by a managing partner of the registered limited-liability partnership; and

    (b) Accompanied by a fee of [$15.] $30.

    Sec. 29.  NRS 87.510 is hereby amended to read as follows:

    87.510  1.  A registered limited-liability partnership shall [annually,] , on or before the first day of the second month after the filing of its certificate of registration with the secretary of state, and annually thereafter on or before the last day of the month in which the anniversary date of the filing of its certificate of registration [of limited partnership] with the secretary of state occurs, file with the secretary of state, on a form furnished by him, a list [containing:] that contains:

    (a) The name of the registered limited-liability partnership;

    (b) The file number of the registered limited-liability partnership, if known;

    (c) The names of all of its managing partners;

    (d) The mailing or street address, either residence or business, of each managing partner; [and]

    (e) The name and street address of the resident agent of the registered limited-liability partnership; and

    (f) The signature of a managing partner of the registered limited-liability partnership certifying that the list is true, complete and accurate.Each list filed pursuant to this subsection must be accompanied by a declaration under penalty of perjury that the registered limited-liability partnership has complied with the provisions of chapter 364A of NRS.


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ê2001 Statutes of Nevada, Page 3185 (Chapter 601, SB 577)ê

 

Each list filed pursuant to this subsection must be accompanied by a declaration under penalty of perjury that the registered limited-liability partnership has complied with the provisions of chapter 364A of NRS.

    2.  Upon filing [the list of managing partners,] :

    (a) The initial list required by subsection 1, the registered limited-liability partnership shall pay to the secretary of state a fee of $165.

    (b) Each annual list required by subsection 1, the registered limited-liability partnership shall pay to the secretary of state a fee of $85.

    3.  The secretary of state shall, at least 60 days before the last day for filing [the] each annual list required by subsection 1, cause to be mailed to the registered limited-liability partnership a notice of the fee due pursuant to subsection 2 and a reminder to file the annual list [of managing partners.] required by subsection 1. The failure of any registered limited-liability partnership to receive a notice or form does not excuse it from complying with the provisions of this section.

    4.  If the list to be filed pursuant to the provisions of subsection 1 is defective, or the fee required by subsection 2 is not paid, the secretary of state may return the list for correction or payment.

    5.  An annual list that is filed by a registered limited-liability partnership which is not in default more than 60 days before it is due shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.

    Sec. 30.  NRS 87.520 is hereby amended to read as follows:

    87.520  1.  A registered limited-liability partnership that fails to comply with the provisions of NRS 87.510 is in default.

    2.  Any registered limited-liability partnership that is in default pursuant to subsection 1 must, in addition to the fee required to be paid pursuant to NRS 87.510, pay a penalty of [$15.] $50.

    3.  On or before the 15th day of the third month after the month in which the fee required to be paid pursuant to NRS 87.510 is due, the secretary of state shall notify, by certified mail, the resident agent of any registered limited-liability partnership that is in default. The notice must include the amount of any payment that is due from the registered limited-liability partnership.

    4.  If a registered limited-liability partnership fails to pay the amount that is due, the certificate of registration of the registered limited-liability partnership shall be deemed revoked on the first day of the ninth month after the month in which the fee required to be paid pursuant to NRS 87.510 was due. The secretary of state shall notify a registered limited-liability partnership, by certified mail, addressed to its resident agent or, if the registered limited-liability partnership does not have a resident agent, to a managing partner, that its certificate of registration is revoked and the amount of any fees and penalties that are due.

    Sec. 31.  NRS 87.530 is hereby amended to read as follows:

    87.530  1.  Except as otherwise provided in subsection 3, the secretary of state shall reinstate the certificate of registration of a registered limited-liability partnership that is revoked pursuant to NRS 87.520 if the registered limited-liability partnership:

    (a) Files with the secretary of state the information required by NRS 87.510; and

    (b) Pays to the secretary of state:

         (1) The fee required to be paid by that section;


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ê2001 Statutes of Nevada, Page 3186 (Chapter 601, SB 577)ê

 

         (2) Any penalty required to be paid pursuant to NRS 87.520; and

         (3) A reinstatement fee of [$50.] $200.

    2.  Upon reinstatement of a certificate of registration pursuant to this section, the secretary of state shall:

    (a) Deliver to the registered limited-liability partnership a certificate of reinstatement authorizing it to transact business retroactively from the date the fee required by NRS 87.510 was due; and

    (b) Upon request, issue to the registered limited-liability partnership one or more certified copies of the certificate of reinstatement.

    3.  The secretary of state shall not reinstate the certificate of registration of a registered limited-liability partnership if the certificate was revoked pursuant to NRS 87.520 at least 5 years before the date of the proposed reinstatement.

    Sec. 32.  NRS 87.550 is hereby amended to read as follows:

    87.550  In addition to any other fees required by NRS 87.440 to 87.540, inclusive, and 87.560, the secretary of state shall charge and collect the following fees for services rendered pursuant to those sections:

    1.  For certifying documents required by NRS 87.440 to 87.540, inclusive, and 87.560, [$10] $20 per certification.

    2.  For executing a certificate verifying the existence of a registered limited-liability partnership, if the registered limited-liability partnership has not filed a certificate of amendment, [$20.] $40.

    3.  For executing a certificate verifying the existence of a registered limited-liability partnership, if the registered limited-liability partnership has filed a certificate of amendment, [$20.] $40.

    4.  For executing, certifying or filing any certificate or document not required by NRS 87.440 to 87.540, inclusive, and 87.560, [$20.] $40.

    5.  For any copies made by the office of the secretary of state, $1 per page.

    6.  For examining and provisionally approving any document before the document is presented for filing, $100.

    Sec. 33.  NRS 88.395 is hereby amended to read as follows:

    88.395  1.  A limited partnership shall [annually,] , on or before the first day of the second month after the filing of its certificate of limited partnership with the secretary of state, and annually thereafter on or before the last day of the month in which the anniversary date of the filing of its certificate of limited partnership occurs, file with the secretary of state, on a form furnished by him, a list [containing:] that contains:

    (a) The name of the limited partnership;

    (b) The file number of the limited partnership, if known;

    (c) The names of all of its general partners;

    (d) The mailing or street address, either residence or business, of each general partner; [and]

    (e) The name and street address of the resident agent of the limited partnership; and

    (f) The signature of a general partner of the limited partnership certifying that the list is true, complete and accurate.

Each list filed pursuant to this subsection must be accompanied by a declaration under penalty of perjury that the limited partnership has complied with the provisions of chapter 364A of NRS.


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ê2001 Statutes of Nevada, Page 3187 (Chapter 601, SB 577)ê

 

    2.  Upon filing [the list of general partners,] :

    (a) The initial list required by subsection 1, the limited partnership shall pay to the secretary of state a fee of $165.

    (b) Each annual list required by subsection 1, the limited partnership shall pay to the secretary of state a fee of $85.

    3.  The secretary of state shall, 60 days before the last day for filing [the] each annual list required by subsection 1, cause to be mailed to each limited partnership required to comply with the provisions of this section which has not become delinquent a notice of the fee due pursuant to the provisions of subsection 2 and a reminder to file the annual list. Failure of any limited partnership to receive a notice or form does not excuse it from the penalty imposed by NRS 88.400.

    4.  If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 2 is not paid, the secretary of state may return the list for correction or payment.

    5.  An annual list for a limited partnership not in default that is received by the secretary of state more than 60 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.

    6.  A filing made pursuant to this section does not satisfy the provisions of NRS 88.355 and may not be substituted for filings submitted pursuant to NRS 88.355.

    Sec. 34.  NRS 88.400 is hereby amended to read as follows:

    88.400  1.  If a limited partnership has filed the list in compliance with NRS 88.395 and has paid the appropriate fee for the filing, the canceled check received by the limited partnership constitutes a certificate authorizing it to transact its business within this state until the anniversary date of the filing of its certificate of limited partnership in the next succeeding calendar year. If the limited partnership desires a formal certificate upon its payment of the annual fee, its payment must be accompanied by a self-addressed, stamped envelope.

    2.  Each limited partnership which refuses or neglects to file the list and pay the fee within the time provided is in default.

    3.  For default there must be added to the amount of the fee a penalty of [$15,] $50, and unless the filings are made and the fee and penalty are paid on or before the first day of the ninth month following the month in which filing was required, the defaulting limited partnership, by reason of its default, forfeits its right to transact any business within this state.

    Sec. 35.  NRS 88.410 is hereby amended to read as follows:

    88.410  1.  Except as otherwise provided in subsections 3 and 4, the secretary of state may:

    (a) Reinstate any limited partnership which has forfeited its right to transact business; and

    (b) Restore to the limited partnership its right to carry on business in this state, and to exercise its privileges and immunities,

upon the filing with the secretary of state of the list required pursuant to NRS 88.395, and upon payment to the secretary of state of the [annual] filing fee and penalty set forth in NRS 88.395 and 88.400 for each year or portion thereof during which the certificate has been revoked, and a fee of [$50] $200 for reinstatement.

    2.  When payment is made and the secretary of state reinstates the limited partnership to its former rights , he shall:


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ê2001 Statutes of Nevada, Page 3188 (Chapter 601, SB 577)ê

 

    (a) Immediately issue and deliver to the limited partnership a certificate of reinstatement authorizing it to transact business as if the filing fee had been paid when due; and

    (b) Upon demand, issue to the limited partnership one or more certified copies of the certificate of reinstatement.

    3.  The secretary of state shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation occurred only by reason of failure to pay the fees and penalties.

    4.  If a limited partnership’s certificate has been revoked pursuant to the provisions of this chapter and has remained revoked for a period of 5 years, the certificate must not be reinstated.

    Sec. 36.  NRS 88.415 is hereby amended to read as follows:

    88.415  The secretary of state, for services relating to his official duties and the records of his office, shall charge and collect the following fees:

    1.  For filing a certificate of limited partnership, or for registering a foreign limited partnership, [$125.] $175.

    2.  For filing a certificate of amendment of limited partnership or restated certificate of limited partnership, [$75.

    3.  For filing a reinstated certificate of limited partnership, $50.

    4.  For filing the annual list of general partners and designation of a resident agent, $85.

    5.] $150.

    3.  For filing a certificate of a change of location of the records office of a limited partnership or the office of its resident agent, or a designation of a new resident agent, [$15.

    6.] $30.

    4.  For certifying a certificate of limited partnership, an amendment to the certificate, or a certificate as amended where a copy is provided, [$10] $20 per certification.

    [7.] 5.  For certifying an authorized printed copy of the limited partnership law, [$10.

    8.] $20.

    6.  For reserving a limited partnership name, or for executing, filing or certifying any other document, $20.

    [9.] 7.  For copies made at the office of the secretary of state, $1 per page.

    [10.] 8.  For filing a certificate of cancellation of a limited partnership, [$30.] $60.

Except as otherwise provided in this section, the fees set forth in NRS 78.785 apply to this chapter.

    Sec. 37.  NRS 88A.600 is hereby amended to read as follows:

    88A.600  1.  A business trust formed pursuant to this chapter shall [annually,] , on or before the first day of the second month after the filing of its certificate of trust with the secretary of state, and annually thereafter on or before the last day of the month in which the anniversary date of the filing of its certificate of trust with the secretary of state occurs, file with the secretary of state , on a form furnished by him , a list signed by at least one trustee [containing] that contains the name and mailing address of its resident agent and at least one trustee. Each list filed pursuant to this subsection must be accompanied by a declaration under penalty of perjury that the business trust has complied with the provisions of chapter 364A of NRS.


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ê2001 Statutes of Nevada, Page 3189 (Chapter 601, SB 577)ê

 

    2.  Upon filing [the list,] :

    (a) The initial list required by subsection 1, the business trust shall pay to the secretary of state a fee of $165.

    (b) Each annual list required by subsection 1, the business trust shall pay to the secretary of state a fee of $85.

    [2.] 3.  The secretary of state shall, 60 days before the last day for filing [the] each annual list required by subsection 1, cause to be mailed to each business trust which is required to comply with the provisions of NRS 88A.600 to 88A.660, inclusive, and which has not become delinquent, the blank forms to be completed and filed with him. Failure of a business trust to receive the forms does not excuse it from the penalty imposed by law.

    [3.] 4.  An annual list for a business trust not in default which is received by the secretary of state more than 60 days before its due date shall be deemed an amended list for the previous year.

    Sec. 38.  NRS 88A.630 is hereby amended to read as follows:

    88A.630  1.  Each business trust required to file the [annual] list and pay the fee prescribed in NRS 88A.600 to 88A.660, inclusive, which refuses or neglects to do so within the time provided shall be deemed in default.

    2.  For default, there must be added to the amount of the fee a penalty of [$15.] $50. The fee and penalty must be collected as provided in this chapter.

    Sec. 39.  NRS 88A.650 is hereby amended to read as follows:

    88A.650  1.  Except as otherwise provided in subsection 3, the secretary of state shall reinstate a business trust which has forfeited its right to transact business pursuant to the provisions of this chapter and restore to the business trust its right to carry on business in this state, and to exercise its privileges and immunities, if it:

    (a) Files with the secretary of state the list [and designation] required by NRS 88A.600; and

    (b) Pays to the secretary of state:

         (1) The [annual] filing fee and penalty set forth in NRS 88A.600 and 88A.630 for each year or portion thereof during which its certificate of trust was revoked; and

         (2) A fee of [$50] $200 for reinstatement.

    2.  When the secretary of state reinstates the business trust, he shall:

    (a) Immediately issue and deliver to the business trust a certificate of reinstatement authorizing it to transact business as if the filing fee had been paid when due; and

    (b) Upon demand, issue to the business trust one or more certified copies of the certificate of reinstatement.

    3.  The secretary of state shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation of the certificate of trust occurred only by reason of the failure to file the list or pay the fees and penalties.

    Sec. 40.  NRS 88A.900 is hereby amended to read as follows:

    88A.900  The secretary of state shall charge and collect the following fees for:

    1.  Filing an original certificate of trust, or for registering a foreign business trust, [$125.] $175.

    2.  Filing an amendment or restatement, or a combination thereof, to a certificate of trust, [$75.] $150.

    3.  Filing a certificate of cancellation, [$125.] $175.


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ê2001 Statutes of Nevada, Page 3190 (Chapter 601, SB 577)ê

 

    4.  Certifying a copy of a certificate of trust or an amendment or restatement, or a combination thereof, [$10] $20 per certification.

    5.  Certifying an authorized printed copy of this chapter, [$10.] $20.

    6.  Reserving a name for a business trust, $20.

    7.  Executing a certificate of existence of a business trust which does not list the previous documents relating to it, or a certificate of change in the name of a business trust, [$20.] $40.

    8.  Executing a certificate of existence of a business trust which lists the previous documents relating to it, [$20.] $40.

    9.  Filing a statement of change of address of the registered office for each business trust, [$15.] $30.

    10.  Filing a statement of change of the registered agent, [$15.] $30.

    11.  Executing, certifying or filing any certificate or document not otherwise provided for in this section, [$20.] $40.

    12.  Examining and provisionally approving a document before the document is presented for filing, $100.

    13.  Copying a document on file with him, for each page, $1.

    Sec. 41.  NRS 89.210 is hereby amended to read as follows:

    89.210  1.  Within 30 days [following] after the organization of a professional association under this chapter , the association shall file with the secretary of state a copy of the articles of association, duly executed, and shall pay at that time a filing fee of [$25.] $175. Any such association formed as a common law association before July 1, 1969, shall file, within 30 days [of] after July 1, 1969, a certified copy of its articles of association, with any amendments thereto, with the secretary of state, and shall pay at that time a filing fee of $25. A copy of any amendments to the articles of association adopted after July 1, 1969, must also be filed with the secretary of state within 30 days after the adoption of such amendments. Each copy of amendments so filed must be certified as true and correct and be accompanied by a filing fee of [$10.] $150.

    2.  The name of such a professional association must contain the words “Professional Association,” “Professional Organization” or the abbreviations “Prof. Ass’n” or “Prof. Org.” The association may render professional services and exercise its authorized powers under a fictitious name if the association has first registered the name in the manner required under chapter 602 of NRS.

    Sec. 42.  NRS 89.250 is hereby amended to read as follows:

    89.250  1.  Except as otherwise provided in subsection 2, a professional association shall, on or before the first day of the second month after the filing of its articles of association with the secretary of state, and annually thereafter on or before the last day of the month in which the anniversary date of its organization occurs in each year, furnish a statement to the secretary of state showing the names and residence addresses of all members and employees in [such] the association and [shall certify] certifying that all members and employees are licensed to render professional service in this state.

    2.  A professional association organized and practicing pursuant to the provisions of this chapter and NRS 623.349 shall, on or before the first day of the second month after the filing of its articles of association with the secretary of state, and annually thereafter on or before the last day of the month in which the anniversary date of its organization occurs in each year, furnish a statement to the secretary of state:


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ê2001 Statutes of Nevada, Page 3191 (Chapter 601, SB 577)ê

 

    (a) Showing the names and residence addresses of all members and employees of the association who are licensed or otherwise authorized by law to render professional service in this state;

    (b) Certifying that all members and employees who render professional service are licensed or otherwise authorized by law to render professional service in this state; and

    (c) Certifying that all members who are not licensed to render professional service in this state do not render professional service on behalf of the association except as authorized by law.

    3.  [The statement must:

    (a) Be made] Each statement filed pursuant to this section must be:

    (a) Made on a form prescribed by the secretary of state and must not contain any fiscal or other information except that expressly called for by this section.

    (b) [Be signed] Signed by the chief executive officer of the association.

    (c) Accompanied by a declaration under penalty of perjury that the professional association has complied with the provisions of chapter 364A of NRS.

    4.  Upon filing [the annual] :

    (a) The initial statement required by this section, the association shall pay to the secretary of state a fee of $165.

    (b) Each annual statement required by this section, the association shall pay to the secretary of state a fee of [$15.] $85.

    5.  As used in this section, “signed” means to have executed or adopted a name, word or mark, including, without limitation, a digital signature as defined in NRS 720.060, with the present intention to authenticate a document.

    Sec. 43.  NRS 89.252 is hereby amended to read as follows:

    89.252  1.  Each professional association that is required to make a filing and pay the fee prescribed in NRS 89.250 but refuses to do so within the time provided is in default.

    2.  For default, there must be added to the amount of the fee a penalty of [$5.] $50. The fee and penalty must be collected as provided in this chapter.

    Sec. 44.  NRS 89.256 is hereby amended to read as follows:

    89.256  1.  Except as otherwise provided in subsections 3 and 4, the secretary of state shall reinstate any professional association which has forfeited its right to transact business under the provisions of this chapter and restore the right to carry on business in this state and exercise its privileges and immunities if it:

    (a) Files with the secretary of state the statement and certification required by NRS 89.250; and

    (b) Pays to the secretary of state:

         (1) The [annual] filing fee and penalty set forth in NRS 89.250 and 89.252 for each year or portion thereof during which the articles of association have been revoked; and

         (2) A fee of [$25] $200 for reinstatement.

    2.  When the secretary of state reinstates the association to its former rights, he shall:

    (a) Immediately issue and deliver to the association a certificate of reinstatement authorizing it to transact business, as if the fees had been paid when due; and


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ê2001 Statutes of Nevada, Page 3192 (Chapter 601, SB 577)ê

 

    (b) Upon demand, issue to the association a certified copy of the certificate of reinstatement.

    3.  The secretary of state shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation of the association’s articles of association occurred only by reason of its failure to pay the fees and penalties.

    4.  If the articles of association of a professional association have been revoked pursuant to the provisions of this chapter and have remained revoked for 10 consecutive years, the articles must not be reinstated.

    Sec. 45.  NRS 92A.190 is hereby amended to read as follows:

    92A.190  1.  One or more foreign entities may merge or enter into an exchange of owner’s interests with one or more domestic entities if:

    (a) In a merger, the merger is permitted by the law of the jurisdiction under whose law each foreign entity is organized and governed and each foreign entity complies with that law in effecting the merger;

    (b) In an exchange, the entity whose owner’s interests will be acquired is a domestic entity, whether or not an exchange of owner’s interests is permitted by the law of the jurisdiction under whose law the acquiring entity is organized;

    (c) The foreign entity complies with NRS 92A.200 to 92A.240, inclusive, if it is the surviving entity in the merger or acquiring entity in the exchange and sets forth in the articles of merger or exchange its address where copies of process may be sent by the secretary of state; and

    (d) Each domestic entity complies with the applicable provisions of NRS 92A.100 to 92A.180, inclusive, and, if it is the surviving entity in the merger or acquiring entity in the exchange, with NRS 92A.200 to 92A.240, inclusive.

    2.  When the merger or exchange takes effect, the surviving foreign entity in a merger and the acquiring foreign entity in an exchange shall be deemed:

    (a) To appoint the secretary of state as its agent for service of process in a proceeding to enforce any obligation or the rights of dissenting owners of each domestic entity that was a party to the merger or exchange. Service of such process must be made by personally delivering to and leaving with the secretary of state duplicate copies of the process and the payment of a fee of [$25] $50 for accepting and transmitting the process. The secretary of state shall forthwith send by registered or certified mail one of the copies to the surviving or acquiring entity at its specified address, unless the surviving or acquiring entity has designated in writing to the secretary of state a different address for that purpose, in which case it must be mailed to the last address so designated.

    (b) To agree that it will promptly pay to the dissenting owners of each domestic entity that is a party to the merger or exchange the amount, if any, to which they are entitled under or created pursuant to NRS 92A.300 to 92A.500, inclusive.

    3.  This section does not limit the power of a foreign entity to acquire all or part of the owner’s interests of one or more classes or series of a domestic entity through a voluntary exchange or otherwise.

    Sec. 46.  NRS 92A.210 is hereby amended to read as follows:

    92A.210  1.  Except as otherwise provided in this section, the fee for filing articles of merger, articles of conversion, articles of exchange, articles of domestication or articles of termination is [$125.] $325. The fee for filing the constituent documents of a domestic resulting entity is the fee for filing the constituent documents determined by the chapter of NRS governing the particular domestic resulting entity.


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ê2001 Statutes of Nevada, Page 3193 (Chapter 601, SB 577)ê

 

the constituent documents of a domestic resulting entity is the fee for filing the constituent documents determined by the chapter of NRS governing the particular domestic resulting entity.

    2.  The fee for filing articles of merger of two or more domestic corporations is the difference between the fee computed at the rates specified in NRS 78.760 upon the aggregate authorized stock of the corporation created by the merger and the fee computed upon the aggregate amount of the total authorized stock of the constituent corporation.

    3.  The fee for filing articles of merger of one or more domestic corporations with one or more foreign corporations is the difference between the fee computed at the rates specified in NRS 78.760 upon the aggregate authorized stock of the corporation created by the merger and the fee computed upon the aggregate amount of the total authorized stock of the constituent corporations which have paid the fees required by NRS 78.760 and 80.050.

    4.  The fee for filing articles of merger of two or more domestic or foreign corporations must not be less than [$125.] $325. The amount paid pursuant to subsection 3 must not exceed $25,000.

    Sec. 47.  NRS 116.3103 is hereby amended to read as follows:

    116.3103  1.  Except as otherwise provided in the declaration, the bylaws, this section or other provisions of this chapter, the executive board may act in all instances on behalf of the association. In the performance of their duties, the officers and members of the executive board are fiduciaries . [and are subject to the insulation from liability provided for directors of corporations by the laws of this state.] The members of the executive board are required to exercise the ordinary and reasonable care of directors of a corporation, subject to the business-judgment rule.

    2.  The executive board may not act on behalf of the association to amend the declaration , [(NRS 116.2117),] to terminate the common-interest community , [(NRS 116.2118),] or to elect members of the executive board or determine their qualifications, powers and duties or terms of office , [(subsection 1 of NRS 116.31034),] but the executive board may fill vacancies in its membership for the unexpired portion of any term.

    3.  Within 30 days after adoption of any proposed budget for the common-interest community, the executive board shall provide a summary of the budget to all the units’ owners, and shall set a date for a meeting of the units’ owners to consider ratification of the budget not less than 14 nor more than 30 days after mailing of the summary. Unless at that meeting a majority of all units’ owners or any larger vote specified in the declaration reject the budget, the budget is ratified, whether or not a quorum is present. If the proposed budget is rejected, the periodic budget last ratified by the units’ owners must be continued until such time as the units’ owners ratify a subsequent budget proposed by the executive board.

    Sec. 48.  NRS 225.140 is hereby amended to read as follows:

    225.140  1.  Except as otherwise provided in subsection 2, in addition to other fees authorized by law, the secretary of state shall charge and collect the following fees:

 

For a copy of any law, joint resolution, transcript of record, or other paper on file or of record in his office, other than a document required to be filed pursuant to Title 24 of NRS, per page.......................... $1.00


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ê2001 Statutes of Nevada, Page 3194 (Chapter 601, SB 577)ê

 

For a copy of any document required to be filed pursuant to Title 24 of NRS, per page.............. .50

For certifying to any such copy and use of the state seal, for each impression........................... 10.00

For each passport or other document signed by the governor and attested by the secretary of state.................................................................................................................................................................... 10.00

For a negotiable instrument returned unpaid..................................................................................... 10.00

 

    2.  The secretary of state:

    (a) Shall charge a reasonable fee for searching records and documents kept in his office.

    (b) May charge or collect any filing or other fees for services rendered by him to the State of Nevada, any local governmental agency or agency of the Federal Government, or any officer thereof in his official capacity or respecting his office or official duties.

    (c) May not charge or collect a filing or other fee for:

         (1) Attesting extradition papers or executive warrants for other states.

         (2) Any commission or appointment issued or made by the governor, either for the use of the state seal or otherwise.

    (d) May charge a reasonable fee, not to exceed:

         (1) Five hundred dollars, for providing service within 2 hours after the time the service is requested; and

         (2) One hundred dollars, for providing any other special service, including, but not limited to, providing service more than 2 hours but within 24 hours after the time the service is requested, accepting documents filed by facsimile machine and other use of new technology.

    (e) Shall charge a fee, not to exceed the actual cost to the secretary of state, for providing:

         (1) A copy of any record kept in his office that is stored on a computer or on microfilm if the copy is provided on a tape, disk or other medium used for the storage of information by a computer or on duplicate film.

         (2) Access to his computer data base on which records are stored.

    3.  [All fees] From each fee collected pursuant to paragraph (d) of subsection 2 :

    (a) The entire amount or $50, whichever is less, of the fee collected pursuant to subparagraph (1) of that paragraph and half of the fee collected pursuant to subparagraph (2) of that paragraph must be deposited with the state treasurer for credit to the account for special services of the secretary of state in the state general fund. Any amount remaining in the account at the end of a fiscal year in excess of $2,000,000 must be transferred to the state general fund. Money in the account may be transferred to the secretary of state’s operating general fund budget account and must only be used to create and maintain the capability of the office of the secretary of state to provide special services, including, but not limited to, providing service:

    [(a)] (1) On the day it is requested or within 24 hours; or

    [(b)] (2) Necessary to increase or maintain the efficiency of the office.

Any transfer of money from the account for expenditure by the secretary of state must be approved by the interim finance committee.


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ê2001 Statutes of Nevada, Page 3195 (Chapter 601, SB 577)ê

 

    (b) After deducting the amount required pursuant to paragraph (a), the remainder must be deposited with the state treasurer for credit to the state general fund.

    Sec. 49.  NRS 600.340 is hereby amended to read as follows:

    600.340  1.  A person who has adopted and is using a mark in this state may file in the office of the secretary of state, on a form to be furnished by the secretary of state, an application for registration of that mark setting forth, but not limited to, the following information:

    (a) Whether the mark to be registered is a trade-mark, trade name or service mark;

    (b) A description of the mark by name, words displayed in it [,] or other information;

    (c) The name and business address of the person applying for the registration and, if it is a corporation, limited-liability company, limited partnership or registered limited-liability partnership, the state of incorporation or organization;

    (d) The specific goods or services in connection with which the mark is used and the mode or manner in which the mark is used in connection with those goods or services and the class as designated by the secretary of state which includes those goods or services;

    (e) The date when the mark was first used anywhere and the date when it was first used in this state by the applicant or his predecessor in business which must precede the filing of the application; and

    (f) A statement that the applicant is the owner of the mark and that no other person has the right to use the mark in this state either in the form set forth in the application or in such near resemblance to it as might deceive or cause mistake.

    2.  The application must:

    (a) Be signed and verified by the applicant or by a member of the firm or an officer of the corporation or association applying.

    (b) Be accompanied by a specimen or facsimile of the mark in duplicate and by a filing fee of [$50] $100 payable to the secretary of state.

    3.  If the application fails to comply with this section or NRS 600.343, the secretary of state shall return it for correction.

    Sec. 50.  NRS 600.355 is hereby amended to read as follows:

    600.355  1.  If any statement in an application for registration of a mark was incorrect when made or any arrangements or other facts described in the application have changed, making the application inaccurate in any respect without materially altering the mark, the registrant shall promptly file in the office of the secretary of state a certificate, signed by the registrant or his successor or by a member of the firm or an officer of the corporation or association to which the mark is registered, correcting the statement.

    2.  Upon the filing of a certificate of amendment or judicial decree of amendment and the payment of a filing fee of [$30,] $60, the secretary of state shall issue, in accordance with NRS 600.350, an amended certificate of registration for the remainder of the period of the registration.

    Sec. 51.  NRS 600.360 is hereby amended to read as follows:

    600.360  1.  The registration of a mark is effective for 5 years from the date of registration and, upon application filed within 6 months before the expiration of that period, on a form to be furnished by the secretary of state, the registration may be renewed for a successive period of 5 years. A renewal fee of [$25,] $50, payable to the secretary of state, must accompany the application for renewal of the registration.


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ê2001 Statutes of Nevada, Page 3196 (Chapter 601, SB 577)ê

 

renewal fee of [$25,] $50, payable to the secretary of state, must accompany the application for renewal of the registration.

    2.  The registration of a mark may be renewed for additional successive 5-year periods if the requirements of subsection 1 are satisfied.

    3.  The secretary of state shall give notice to each registrant when his registration is about to expire. The notice must be given within the year next preceding the expiration date, by writing to the registrant’s last known address.

    4.  All applications for renewals must include a statement that the mark is still in use in this state.

    Sec. 52.  NRS 600.370 is hereby amended to read as follows:

    600.370  1.  A mark and its registration are assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. An assignment must:

    (a) Be in writing;

    (b) Be signed and acknowledged by the registrant or his successor or a member of the firm or an officer of the corporation or association under whose name the mark is registered; and

    (c) Be recorded with the secretary of state upon the payment of a fee of [$50] $100 to the secretary of state who, upon recording the assignment, shall issue in the name of the assignee a certificate of assignment for the remainder of the period of the registration.

    2.  An assignment of any registration is void as against any subsequent purchaser for valuable consideration without notice, unless:

    (a) The assignment is recorded with the secretary of state within 3 months after the date of the assignment; or

    (b) The assignment is recorded before the subsequent purchase.

    Sec. 53.  NRS 600.395 is hereby amended to read as follows:

    600.395  The fee for filing a cancellation of registration pursuant to NRS 600.390 is [$25.] $50.

    Sec. 54.  Section 29 of Senate Bill No. 51 of this session is hereby amended to read as follows:

    Sec. 29.  NRS 78.390 is hereby amended to read as follows:

    78.390  1.  Every amendment adopted pursuant to the provisions of NRS 78.385 must be made in the following manner:

    (a) The board of directors must adopt a resolution setting forth the amendment proposed and declaring its advisability, and either call a special meeting of the stockholders entitled to vote on the amendment or direct that the proposed amendment be considered at the next annual meeting of the stockholders entitled to vote on the amendment.

    (b) At the meeting, of which notice must be given to each stockholder entitled to vote pursuant to the provisions of this section, a vote of the stockholders entitled to vote in person or by proxy must be taken for and against the proposed amendment. If it appears upon the canvassing of the votes that stockholders holding shares in the corporation entitling them to exercise at least a majority of the voting power, or such greater proportion of the voting power as may be required in the case of a vote by classes or series, as provided in subsections 2 and 4, or as may be required by the provisions of the articles of incorporation, have voted in favor of the amendment, an officer of the corporation shall sign a certificate setting forth the amendment, or setting forth the articles of incorporation as amended, and the vote by which the amendment was adopted.


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ê2001 Statutes of Nevada, Page 3197 (Chapter 601, SB 577)ê

 

amendment, or setting forth the articles of incorporation as amended, and the vote by which the amendment was adopted.

    (c) The certificate so signed must be filed with the secretary of state.

    2.  If any proposed amendment would adversely alter or change any preference or any relative or other right given to any class or series of outstanding shares, then the amendment must be approved by the vote, in addition to the affirmative vote otherwise required, of the holders of shares representing a majority of the voting power of each class or series adversely affected by the amendment regardless of limitations or restrictions on the voting power thereof.

    3.  Provision may be made in the articles of incorporation requiring, in the case of any specified amendments, a larger proportion of the voting power of stockholders than that required by this section.

    4.  Different series of the same class of shares do not constitute different classes of shares for the purpose of voting by classes except when the series is adversely affected by an amendment in a different manner than other series of the same class.

    5.  The resolution of the stockholders approving the proposed amendment may provide that at any time before the effective date of the amendment, notwithstanding approval of the proposed amendment by the stockholders, the board of directors may, by resolution, abandon the proposed amendment without further action by the stockholders.

    6.  A certificate filed pursuant to subsection 1 becomes effective upon filing with the secretary of state or upon a later date specified in the certificate, which must not be later than 90 days after the certificate is filed.

    7.  If a certificate filed pursuant to subsection 1 specifies an effective date and if the resolution of the stockholders approving the proposed amendment provides that the board of directors may abandon the proposed amendment pursuant to subsection 5, the board of directors may terminate the effectiveness of the certificate by resolution and by filing a certificate of termination with the secretary of state that:

    (a) Is filed before the effective date specified in the certificate filed pursuant to subsection 1;

    (b) Identifies the certificate being terminated;

    (c) States that, pursuant to the resolution of the stockholders, the board of directors is authorized to terminate the effectiveness of the certificate;

    (d) States that the effectiveness of the certificate has been terminated;

    (e) Is signed by an officer of the corporation; and

    (f) Is accompanied by a filing fee of $75.

    Sec. 55.  Section 55 of Senate Bill No. 51 of this session is hereby amended to read as follows:

    Sec. 55.  1.  A limited-liability company may correct a document filed by the secretary of state with respect to the limited-liability company if the document contains an inaccurate record of a company action described in the document or was defectively executed, attested, sealed, verified or acknowledged.

    2.  To correct a document, the limited-liability company must:


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ê2001 Statutes of Nevada, Page 3198 (Chapter 601, SB 577)ê

 

    (a) Prepare a certificate of correction that:

         (1) States the name of the limited-liability company;

         (2) Describes the document, including, without limitation, its filing date;

         (3) Specifies the inaccuracy or defect;

         (4) Sets forth the inaccurate or defective portion of the document in an accurate or corrected form; and

         (5) Is signed by a manager of the company, or if management is not vested in a manager, by a member of the company.

    (b) Deliver the certificate to the secretary of state for filing.

    (c) Pay a filing fee of [$75] $150 to the secretary of state.

    3.  A certificate of correction is effective on the effective date of the document it corrects except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, the certificate is effective when filed.

    Sec. 56.  Section 90 of Senate Bill No. 51 of this session is hereby amended to read as follows:

    Sec. 90.  Chapter 87 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A limited-liability partnership may correct a document filed by the secretary of state with respect to the limited-liability partnership if the document contains an inaccurate record of a partnership action described in the document or was defectively executed, attested, sealed, verified or acknowledged.

    2.  To correct a document, the limited-liability partnership must:

    (a) Prepare a certificate of correction that:

         (1) States the name of the limited-liability partnership;

         (2) Describes the document, including, without limitation, its filing date;

         (3) Specifies the inaccuracy or defect;

         (4) Sets forth the inaccurate or defective portion of the document in an accurate or corrected form; and

         (5) Is signed by a managing partner of the limited-liability partnership.

    (b) Deliver the certificate to the secretary of state for filing.

    (c) Pay a filing fee of [$75] $150 to the secretary of state.

    3.  A certificate of correction is effective on the effective date of the document it corrects except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, the certificate is effective when filed.

    Sec. 57.  Section 93 of Senate Bill No. 51 of this session is hereby amended to read as follows:

    Sec. 93.  1.  A limited partnership may correct a document filed by the secretary of state with respect to the limited partnership if the document contains an inaccurate record of a partnership action described in the document or was defectively executed, attested, sealed, verified or acknowledged.

    2.  To correct a document, the limited partnership must:

    (a) Prepare a certificate of correction that:

         (1) States the name of the limited partnership;

         (2) Describes the document, including, without limitation, its filing date;


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ê2001 Statutes of Nevada, Page 3199 (Chapter 601, SB 577)ê

 

         (3) Specifies the inaccuracy or defect;

         (4) Sets forth the inaccurate or defective portion of the document in an accurate or corrected form; and

         (5) Is signed by a general partner of the limited partnership.

    (b) Deliver the certificate to the secretary of state for filing.

    (c) Pay a filing fee of [$75] $150 to the secretary of state.

    3.  A certificate of correction is effective on the effective date of the document it corrects except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, the certificate is effective when filed.

    Sec. 58.  Section 102 of Senate Bill No. 51 of this session is hereby amended to read as follows:

    Sec. 102.  1.  A business trust may correct a document filed by the secretary of state with respect to the business trust if the document contains an inaccurate record of a trust action described in the document or was defectively executed, attested, sealed, verified or acknowledged.

    2.  To correct a document, the business trust must:

    (a) Prepare a certificate of correction that:

         (1) States the name of the business trust;

         (2) Describes the document, including, without limitation, its filing date;

         (3) Specifies the inaccuracy or defect;

         (4) Sets forth the inaccurate or defective portion of the document in an accurate or corrected form; and

         (5) Is signed by a trustee of the business trust.

    (b) Deliver the certificate to the secretary of state for filing.

    (c) Pay a filing fee of [$75] $150 to the secretary of state.

    3.  A certificate of correction is effective on the effective date of the document it corrects except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, the certificate is effective when filed.

    Sec. 59.  Senate Bill No. 51 is hereby amended by adding thereto a new section designated sec. 138, following sec. 137, to read as follows:

    Sec. 138.  This act becomes effective on August 1, 2001.

    Sec. 60.  Sections 1, 2, 3, 8, 9 and 47 of this act do not apply to a claim that arises before the effective date of this section.

    Sec. 61.  Notwithstanding the provisions of section 63 of this act to the contrary, the amendatory provisions of section 42 of this act do not apply to the filing of the statement of a professional association, or the fee for that filing, before August 1, 2001, except that a professional association whose anniversary date for the 2001 calendar year falls on or after August 1, 2001, shall comply with that section as amended by this act, even if the filing is made before August 1, 2001.

    Sec. 62.  Notwithstanding any provision of NRS 225.140 to the contrary:

    1.  The state controller shall, without obtaining the approval of the interim finance committee and in addition to any amounts transferred pursuant to that section with the approval of the interim finance committee, transfer from the account for special services of the secretary of state to the secretary of state’s operating general fund budget account:

For the fiscal year 2001-2002........................................................................................................ $300,000

For the fiscal year 2002-2003........................................................................................................ $250,000


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ê2001 Statutes of Nevada, Page 3200 (Chapter 601, SB 577)ê

 

    2.  The secretary of state may expend the amounts transferred pursuant to subsection 1 for such additional personnel, equipment, supplies, office space and other costs as are necessary to carry out the provisions of this act.

    Sec. 63.  1.  This section and sections 1, 2, 3, 8, 9, 47, 59, 60, 61 and 62 of this act become effective upon passage and approval.

    2.  Sections 5, 6, 12, 13 to 19, inclusive, 20, 21, 22, 25 to 31, inclusive, 35 to 39, inclusive, 41 to 45, inclusive, and 47 to 53, inclusive, of this act become effective:

    (a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

    (b) On August 1, 2001, for all other purposes.

    3.  Sections 1.5, 4, 7, 8.5, 10, 11, 14, 19.5, 23, 24, 32, 33, 34, 40, 46 and 54 to 58, inclusive, of this act become effective:

    (a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

    (b) At 12:01 a.m. on August 1, 2001, for all other purposes.

________

 

CHAPTER 602, SB 570

Senate Bill No. 570–Committee on Legislative Affairs and Operations

 

CHAPTER 602

 

AN ACT relating to the legislature; making various changes relating to the legislature and the legislative counsel bureau; and providing other matters properly relating thereto.

 

[Approved: June 15, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The legislative counsel bureau may contract for the establishment of an on-site child care facility for children of employees of the legislative branch of government. No money appropriated to the legislative fund or the legislative counsel bureau may be used to pay the cost of establishing and operating the facility.

    2.  All employees of the child-care facility shall be deemed employees of the state for the purposes of NRS 41.0305 to 41.039, inclusive.

    3.  The legislative counsel bureau may use the property described in NRS 331.135 for a child-care facility established pursuant to this section.

    4.  As used in this section, “on-site child care facility” has the meaning ascribed to it in NRS 432A.0275.

    Sec. 2.  NRS 218.2423 is hereby amended to read as follows:

    218.2423  1.  Each:

    (a) Incumbent assemblyman may request the drafting of not more than 5 legislative measures submitted to the legislative counsel on or before September 1 preceding the commencement of a regular session of the legislature and not more than 5 legislative measures submitted to the legislative counsel [on or] after September 1 but on or before December 15 preceding the commencement of a regular session of the legislature.


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ê2001 Statutes of Nevada, Page 3201 (Chapter 602, SB 570)ê

 

legislative counsel [on or] after September 1 but on or before December 15 preceding the commencement of a regular session of the legislature.

    (b) Incumbent senator may request the drafting of not more than 10 legislative measures submitted to the legislative counsel on or before September 1 preceding the commencement of a regular session of the legislature and not more than 10 legislative measures submitted to the legislative counsel [on or] after September 1 but on or before December 15 preceding the commencement of a regular session of the legislature.

    (c) Newly elected assemblyman may request the drafting of not more than 5 legislative measures submitted to the legislative counsel on or before December 15 preceding the commencement of a regular session of the legislature.

    (d) Newly elected senator may request the drafting of not more than 10 legislative measures submitted to the legislative counsel on or before December 15 preceding the commencement of a regular session of the legislature.

    2.  In addition to the number authorized pursuant to subsection 1:

    (a) The chairman of each standing committee of the immediately preceding regular legislative session, or a person designated in the place of the chairman by the speaker of the assembly or the majority leader of the senate, as the case may be, may request before the commencement of the next regular legislative session the drafting of not more than 1 legislative measure for introduction by the committee in a subject within the jurisdiction of the committee for every 15 legislative measures that were referred to the respective standing committee during the immediately preceding regular legislative session.

    (b) A person designated after a general election as a chairman of a standing committee for the next regular legislative session, or a person designated in the place of a chairman by the person designated as the speaker of the assembly or majority leader of the senate for the next regular legislative session, may request before the commencement of the next regular legislative session the drafting of the remaining number of the legislative measures allowed for the respective standing committee that were not requested by the previous chairman or designee.

    Sec. 3.  NRS 218.2426 is hereby amended to read as follows:

    218.2426  1.  In addition to the number authorized pursuant to NRS 218.2423:

    (a) The speaker of the assembly and the majority leader of the senate may each request before or during a regular legislative session, without limitation, the drafting of not more than 15 legislative measures for that session.

    (b) The minority leader of the assembly and the minority leader of the senate may each request before or during a regular legislative session, without limitation, the drafting of not more than 10 legislative measures for that session.

    (c) A person designated after a general election as the speaker of the assembly, the majority leader of the senate, the minority leader of the assembly or the minority leader of the senate for the next regular legislative session may request the drafting of the remaining number of the legislative measures allowed for the respective officer that were not requested by the previous officer.


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ê2001 Statutes of Nevada, Page 3202 (Chapter 602, SB 570)ê

 

    2.  The legislative counsel, the secretary of the senate and the chief clerk of the assembly may request before or during a regular legislative session, without limitation, the drafting of as many legislative measures as are necessary or convenient for the proper exercise of their duties.

    Sec. 4.  NRS 218.2429 is hereby amended to read as follows:

    218.2429  1.  The chairman of the legislative commission may request the drafting of not more than 15 legislative measures before the commencement of a regular legislative session, with the approval of the commission, which relate to the affairs of the legislature or its employees, including measures requested by the legislative staff.

    2.  The chairman of the interim finance committee may request the drafting of not more than 10 legislative measures before the commencement of a regular legislative session, with the approval of the committee, which relate to matters within the scope of the committee.

    3.  Except as otherwise provided by specific statute or concurrent resolution of the legislature:

    (a) Any other legislative committee created by statute may request the drafting of not more than 10 legislative measures [before the commencement of a regular legislative session,] which relate to matters within the scope of the committee.

    (b) An interim committee which conducts a study or investigation pursuant to subsection 5 of NRS 218.682 may request the drafting of not more than [10] 5 legislative measures [before the commencement of a regular legislative session,] which relate to matters within the scope of the study or investigation, except that such a committee may request the drafting of additional legislative measures before the commencement of a regular legislative session if the legislative commission approves each additional request by a majority vote.

    (c) Any other committee established by the legislature which conducts an interim legislative study may request the drafting of not more than [10] 5 legislative measures [before the commencement of a regular legislative session,] which relate to matters within the scope of the study.

Except as otherwise provided in NRS 218.635, measures authorized to be requested pursuant to this subsection must be submitted to the legislative counsel on or before September 1 preceding the commencement of a regular session of the legislature unless the legislative commission authorizes submitting a request after that date.

    Sec. 5.  NRS 218.245 is hereby amended to read as follows:

    218.245  1.  Except as otherwise provided in subsections 2 and 5, the legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of proposed legislation for any agency or officer of the executive branch of the state government or for a county, school district or city before a regular session of the legislature unless the request is approved by the governor or a designated member of his staff, or the governing body of the county, school district or city, and transmitted to the legislative counsel on or before September 1 preceding the convening of the session.

    2.  A request for proposed legislation may be submitted to the legislative counsel pursuant to subsection 3 or 4 of NRS 218.2455 by the board of regents of the University of Nevada, lieutenant governor, secretary of state, attorney general, state controller or state treasurer without the approval of the governor or a designated member of his staff.


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ê2001 Statutes of Nevada, Page 3203 (Chapter 602, SB 570)ê

 

    3.  After November 1, preceding a legislative session, the legislative counsel and the legal division of the legislative counsel bureau shall give full priority to the preparation of proposed legislation requested by members of the legislature.

    4.  The legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of any proposed legislation during any regular session of the legislature except as authorized by statute or joint rule of the legislature.

    5.  An agency or officer of the executive branch of the state government or a county, school district or city, shall not request a legislator to have legislation drafted on its behalf. The legislative commission, when the legislature is not in session, or a standing committee which has jurisdiction of the subject matter when the legislature is in session, may, if it finds that exceptional circumstances so warrant, authorize the drafting of legislation requested after the time limited by subsection 1 of this section and subsection 1, 3 or 4 of NRS 218.2455.

    Sec. 6.  NRS 218.2455 is hereby amended to read as follows:

    218.2455  1.  The governor or his designated representative may transmit to the legislative counsel on or before September 1 preceding a regular legislative session not more than 125 requests for the drafting of legislative measures approved on behalf of state agencies, boards and departments of the executive branch of state government pursuant to subsection 1 of NRS 218.245.

    2.  The department of administration may request on or before the 19th day of the legislative session, without limitation, the drafting of as many legislative measures as are necessary to implement the budget proposed by the governor and to provide for the fiscal management of the state.

    3.  The following constitutional officers may request the drafting of not more than the following numbers of legislative measures on or before September 1 preceding a regular legislative session:

 

Lieutenant governor........................................................................................................................................ 2

Secretary of state............................................................................................................................................. 8

State treasurer.................................................................................................................................................. 5

State controller................................................................................................................................................. 5

Attorney general............................................................................................................................................ 25

 

    4.  The board of regents of the University of Nevada may request the drafting of not more than 5 legislative measures on behalf of the University and Community College System of Nevada on or before September 1 preceding a regular legislative session.

    Sec. 7.  NRS 218.272 is hereby amended to read as follows:

    218.272  1.  Except as otherwise provided in subsection 4, the fiscal analysis division shall obtain a fiscal note on:

    (a) [Any bill which makes an appropriation or increases any existing appropriation;

    (b)] Any bill or joint resolution which creates or increases any fiscal liability or decreases any revenue which appears to be in excess of $2,000; and


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ê2001 Statutes of Nevada, Page 3204 (Chapter 602, SB 570)ê

 

    [(c)] (b) Any bill or joint resolution which increases or newly provides for a term of imprisonment in the state prison or makes release on parole or probation from the state prison less likely,

before a vote is taken on such a bill or joint resolution by a committee of the assembly or the senate.

    2.  The fiscal note must contain a reliable estimate of the anticipated change in appropriation authority, fiscal liability or state revenue under the bill or joint resolution, including, to the extent possible, a projection of such changes in future biennia.

    3.  Except as otherwise provided in NRS 218.272 to 218.2758, inclusive, or in the joint rules of the senate and assembly, the estimates must be made by the affected agency [receiving the appropriation or collecting the revenue.] or agencies.

    4.  The fiscal note is not required on any bill or joint resolution relating exclusively to the proposed executive budget.

    Sec. 8.  NRS 218.275 is hereby amended to read as follows:

    218.275  1.  The name of the agency preparing the fiscal note must appear [at the end thereof] on a fiscal note with the signature of the official of the agency who is primarily responsible for preparing the note.

    2.  The department of administration shall review the fiscal notes prepared by the agencies before such notes are returned to the legislature. If the department of administration disagrees with a fiscal note prepared by the agency, it may submit a supplementary fiscal note for the bill or joint resolution.

    Sec. 9.  NRS 218.2752 is hereby amended to read as follows:

    218.2752  Whenever a bill or joint resolution is submitted to an agency for a fiscal note, the agency shall prepare the note and return it to the fiscal analysis division within 5 working days. The fiscal analysis division may extend the period for not more than 10 additional working days if the matter requires extended research.

    Sec. 10.  NRS 218.2755 is hereby amended to read as follows:

    218.2755  [1.]  After a bill or joint resolution has been drafted, the fiscal analysis division shall inform the requester that a fiscal note is required when the draft is submitted to the requester for review. If the requester so directs, the fiscal analysis division shall promptly determine the agency to which the bill or joint resolution should be submitted and shall submit it for a fiscal note. If the requester is a legislator and desires to introduce the bill or joint resolution without a fiscal note, he may do so, but when the bill is introduced, the fiscal analysis division shall promptly determine the agency to which the bill or joint resolution is to be submitted and shall forward it to the agency to obtain the fiscal note.

    [2.  The agency shall prepare the note in quadruplicate and return it within the required time to the fiscal analysis division.]

    Sec. 11.  NRS 218.2756 is hereby amended to read as follows:

    218.2756  1.  [If the fiscal note is obtained before the bill or joint resolution is introduced the fiscal analysis division shall submit a copy of the note to the requester. If the requester desires to introduce the bill or joint resolution the legislative counsel shall attach a duplicate copy of the note to the bill or joint resolution and shall prepare the bill or joint resolution for introduction.] The original, signed copy of [the] a fiscal note that is obtained before a bill or joint resolution is introduced must be retained by the fiscal analysis division to be used as printer’s copy after the bill or joint resolution is introduced.


…………………………………………………………………………………………………………………

ê2001 Statutes of Nevada, Page 3205 (Chapter 602, SB 570)ê

 

analysis division to be used as printer’s copy after the bill or joint resolution is introduced.

    2.  If the fiscal note is obtained after the bill or joint resolution has been introduced, the fiscal analysis division shall forward a [duplicate copy of the note to the chief clerk of the assembly or the secretary of the senate and shall forward the original,] signed copy to the superintendent of the state printing division of the department of administration for the purposes of printing.

    3.  The [triplicate copy of the] original fiscal note must be retained by the fiscal analysis division.

    4.  The fiscal analysis division shall send a copy of the fiscal note to the chairman of the standing committee or committees to which the bill or joint resolution has been referred.

    Sec. 12.  NRS 218.5327 is hereby amended to read as follows:

    218.5327  If any witness neglects or refuses to obey a subpoena, or after appearing neglects or refuses to testify as to any relevant matter, or to produce upon reasonable notice any relevant evidence, if the evidence is in his possession or under his control, he has committed a contempt. The district court of any county, or the judge thereof, shall, on application of the president of the senate, speaker of the assembly or chairman of the committee, as the case may be, compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.

    Sec. 13.  NRS 218.610 is hereby amended to read as follows:

    218.610  As used in NRS 218.610 to 218.735, inclusive, and section 1 of this act, “agency of the state” includes all offices, departments, boards, commissions and institutions of the state.

    Sec. 14.  NRS 284.3775 is hereby amended to read as follows:

    284.3775  1.  Except as otherwise provided in this section, employees of the supreme court, employees in the unclassified service of the executive branch of the government of the State of Nevada, or employees of the legislative branch of the government of the State of Nevada who have served for 4 consecutive months or more are entitled to transfer to a position having similar duties and compensation in the classified service of the state on the same basis as employees may transfer within the classified service from a position under one appointing authority to a position under another appointing authority. The benefit conferred by this subsection includes any exemption from the taking of a competitive examination, retention of credits for annual and sick leave and longevity, and priority on the lists of eligible persons to the extent that such privileges are accorded to employees transferring within the classified service.

    2.  Except as otherwise provided in subsection 4, the benefits conferred by subsection 1 do not apply to an employee in the unclassified service who is the chief officer of a department or division.

    3.  Except as otherwise provided in this subsection and subsection 4, a person may not transfer pursuant to subsection 1 to a class composed of:

    (a) Professionally qualified persons; or

    (b) Officers and administrators who set broad policies and exercise responsibility for the execution of those policies.

A person may transfer to a class described in paragraph (a) or (b) if that class is provided for pursuant to subsection 2 of NRS 284.155.


…………………………………………………………………………………………………………………

ê2001 Statutes of Nevada, Page 3206 (Chapter 602, SB 570)ê

 

    4.  The restrictions provided in subsections 2 and 3 do not apply to an employee of the supreme court, an employee in the unclassified service of the executive branch of government or an employee of the legislative branch of government whose appointment to that position was immediately preceded by an appointment in the classified service, except that such an employee may only transfer to a position in the classified service that has duties and compensation that are similar either to his current position or to a position he previously held in the classified service.

    5.  An employee in the classified service of the state who is granted leave without pay to accept a position in the legislative branch of government during a regular or special session:

    (a) Is entitled to be restored to his previous position in the classified service upon the completion of the legislative session without loss of seniority or benefits. Seniority must be calculated as if he had not taken the leave.

    (b) Is eligible to fill vacancies in positions within the classified service to the extent that he would be eligible if he was not on leave from his position in the classified service.

    6.  An employee of the legislative branch of the government of the State of Nevada who is employed at the conclusion of a regular session of the legislature and is eligible at that time pursuant to subsection 1 to transfer to a position having similar duties and compensation in the classified service of the state may transfer to such a position on or before November 1 following session notwithstanding the termination of his employment with the legislative branch of government before that date. For the purposes of this section, the weekly compensation of a person paid a daily salary during a legislative session is seven times the daily salary.

    Sec. 15.  NRS 331.135 is hereby amended to read as follows:

    331.135  1.  The legislature reserves the supervision and control, both during and between legislative sessions, of:

    (a) The entire legislative building, including its chambers, offices and other rooms, and its furnishings and equipment.

    (b) A portion of the parcel of land bounded on the west by Carson Street, on the south by Fifth Street, on the east by Fall Street, and on the north by the sidewalk along the south fence of the capitol grounds, situated in a portion of the Capitol Complex, as shown on the Record of Survey Map No. 297, Official Records of Carson City, Nevada, File No. 3043, section 17, T. 15 N., R. 20 E., M.D.M., more particularly described as follows:

 

    Beginning at the southwest corner of block 36, Sears Thompson Sears Division, as shown on that record of survey;

    Thence N 89°52¢32² E, a distance of 443.93 feet;

    Thence N 00°12¢15² E, a distance of 302.14 feet;

    Thence N 44°47¢45² W, a distance of 189.88 feet to the north side of an existing sidewalk;

    Thence N 89°39¢33² W, along that sidewalk, a distance of 97.13 feet to the east side of an existing sidewalk;

    Thence N 00°14¢26² E, along that sidewalk, a distance of 270.00 feet, more or less, to the north line of a sidewalk;

    Thence N 89°47¢45² W, along that sidewalk, a distance of 212.50 feet, to the east right-of-way line of Carson Street;


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ê2001 Statutes of Nevada, Page 3207 (Chapter 602, SB 570)ê

 

    Thence S 00°13¢08² W, along that line, a distance of 709.40 feet, more or less, to the true point of beginning.

    Containing 5.572 acres, more or less.

 

    (c) The entire parcel of land bounded on the north by Fifth Street, on the south by Sixth Street, on the east by Stewart Street and on the west by Plaza Street, also described as blocks 2 and 3, Pierson and Goodridge Addition; and that portion of Fall Street between Fifth Street and Sixth Street abandoned by Carson City on April 26, 1990, Meeting Agenda Item 9 M-89/90-10. Also the entire parcel of land bounded on the north by the south boundary line of block 2, Pierson and Goodridge Addition, on the south by Seventh Street, on the east by Stewart Street and on the west by Fall Street, and further described as block 7, Pierson and Goodridge Addition.

    (d) The entire parcel of land bounded on the north by Sixth Street, on the south by Seventh Street, on the east by Fall Street, and on the west by Plaza Street, also described as block 6, Pierson and Goodridge Addition.

    (e) The entire parcel of land bounded on the north by Fourth Street, on the west by Stewart Street, on the south by Fifth Street, and on the east by the abandoned right of way of Valley Street, also described as block 39 of Sears Thompson Sears Division of Carson City; and the west 30.00 feet of the abandoned right of way of Valley Street abutting block 39 of Sears Thompson Sears Division. Excepting therefrom that portion of Stewart and Fifth Streets deeded to the State of Nevada through its department of transportation as recorded in book 283, page 208, of Deeds, Carson City, Nevada.

    [(e)] (f) Any other property acquired for the use of the legislature or its staff.

    2.  The director of the legislative counsel bureau:

    (a) Shall provide an individual office for each legislator whose position as an officer or as a chairman of a committee does not otherwise entitle him to occupy an assigned office.

    (b) May assign the use of space in the legislative building or other legislative facilities or on the legislative grounds in such a manner as the legislative commission prescribes.

    3.  The director of the legislative counsel bureau shall cause the legislative building, chambers and grounds and other legislative facilities to be kept in good repair, clean, orderly and presentable as befits public property and the dignity of the legislature. For this purpose he may, in addition to his general power to employ or contract for the services of personnel, contract with any private enterprise or governmental agency for the provision of appropriate services.

    Sec. 16.  NRS 345.025 is hereby amended to read as follows:

    345.025  Within the limits of legislative appropriations, specifically made for such purpose, the director of the legislative counsel bureau may contract with a private printing firm for the reproduction by printing or other reproductive process of volumes of Nevada Reports or Statutes of Nevada which are out of print or of limited supply in the office of the legislative counsel bureau if the price quoted by the firm for such services is lower than the price quoted by the superintendent of the state printing division of the department of administration. Such reproduced volumes may be bound so as to contain one or more volumes of the original Nevada Reports or Statutes of Nevada and must be sold to the public at the prices established pursuant to NRS 345.050.


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ê2001 Statutes of Nevada, Page 3208 (Chapter 602, SB 570)ê

 

NRS 345.050. The proceeds of such sales must be deposited by the director of the legislative counsel bureau with the state treasurer for credit to the state general fund.

    Sec. 17.  NRS 218.248 is hereby repealed.

    Sec. 18.  1.  The legislative commission shall review each legislative committee created by statute to determine whether:

    (a) There is a need to continue the existence of the committee;

    (b) The committee should be eliminated; or

    (c) The committee should be scheduled for elimination at a future date.

The legislative commission shall conduct the review without appointing a subcommittee.

    2.  The legislative commission shall report the results of its review and any recommendations for legislation to the 72nd session of the Nevada legislature.

    Sec. 19.  This act becomes effective upon passage and approval.

________

 

CHAPTER 603, AB 94

Assembly Bill No. 94–Committee on Government Affairs

 

CHAPTER 603

 

AN ACT relating to local governments; authorizing a county recorder to charge and collect an additional fee to pay for the acquisition and improvement of technology used in the office of the county recorder; requiring the county recorder to charge and collect an additional fee to assist persons formerly in foster care; increasing the amount of certain fees charged and collected by certain officials of local governments; creating an account in the department of human resources’ gift fund to assist persons formerly in foster care; and providing other matters properly relating thereto.

 

[Approved: July 17, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 247 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If a county recorder imposes an additional fee pursuant to subsection 2 of NRS 247.305, the proceeds collected from such a fee must be accounted for separately in the county general fund. Any interest earned on money in the account, after deducting any applicable charges, must be credited to the account. Money that remains in the account at the end of a fiscal year does not revert to the county general fund, and the balance in the account must be carried forward to the next fiscal year.

    2.  The money in the account must be used only to acquire technology for or improve the technology used in the office of the county recorder, including, without limitation, costs related to acquiring or improving technology for converting and archiving records, purchasing hardware and software, maintaining the technology, training employees in the operation of the technology and contracting for professional services relating to the technology.

    3.  The county recorder shall submit an annual report to the board of county commissioners of the county which contains:


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ê2001 Statutes of Nevada, Page 3209 (Chapter 603, AB 94)ê

 

    (a) An estimate of the proceeds that the county recorder will collect from the additional fee imposed pursuant to subsection 2 of NRS 247.305 in the following fiscal year; and

    (b) A proposal for expenditures of the proceeds from the additional fee imposed pursuant to subsection 2 of NRS 247.305 for the costs related to the technology required for the office of the county recorder for the following fiscal year.

    Sec. 1.5.  NRS 247.305 is hereby amended to read as follows:

    247.305  1.  If another statute specifies the fee to be charged for a service, county recorders shall charge and collect only the fee specified. Otherwise county recorders shall charge and collect the following fees:

For recording any document, for the first page............................................................................. [$7] $10

For each additional page................................................................................................................................ 1

For recording each portion of a document which must be separately indexed, after the first indexing    3

For copying any record, for each page........................................................................................................ 1

For certifying, including certificate and seal............................................................................................... 4

For a certified copy of a certificate of marriage................................................................................ [7] 10

For a certified abstract of a certificate of marriage.......................................................................... [7] 10

    2.  Except as otherwise provided in this subsection, a county recorder may charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee not to exceed $3 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder may not charge the additional fee authorized in this subsection for recording the originally signed copy of a certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay to the county treasurer the amount of fees collected by him pursuant to this subsection for credit to the account established pursuant to section 1 of this act.

    3.  Except as otherwise provided in this subsection, a county recorder shall charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee of $1 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder shall not charge the additional fee authorized in this subsection for recording the originally signed copy of a certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay to the county treasurer the amount of fees collected by him pursuant to this subsection. On or before the 15th day of each month, the county treasurer shall remit the money received by him pursuant to this subsection to the state treasurer for credit to the account to assist persons formerly in foster care established pursuant to section 14.5 of this act.

    4.  Except as otherwise provided in subsection [3,] 5, a county recorder shall not charge or collect any fees for any of the services specified in this section when rendered by him to:

    (a) The county in which his office is located.

    (b) The State of Nevada or any city or town within the county in which his office is located, if the document being recorded:

         (1) Conveys to the state, or to that city or town, an interest in land;

         (2) Is a mortgage or deed of trust upon lands within the county which names the state or that city or town as beneficiary;


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ê2001 Statutes of Nevada, Page 3210 (Chapter 603, AB 94)ê

 

         (3) Imposes a lien in favor of the state or that city or town; or

         (4) Is a notice of the pendency of an action in eminent domain filed by the state pursuant to NRS 37.060.

    [3.] 5.  A county recorder shall charge and collect the fees specified in this section for copying of any document at the request of the State of Nevada, and any city or town within the county. For copying, and for his certificate and seal upon the copy, the county recorder shall charge the regular fee.

    [4.] 6.  For purposes of this section, “State of Nevada,” “county,” “city” and “town” include any department or agency thereof and any officer thereof in his official capacity.

    [5.] 7.  Except as otherwise provided in subsection 2 or 3 or by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the fifth working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.

    Sec. 2.  NRS 247.310 is hereby amended to read as follows:

    247.310  1.  Except as otherwise provided by law, county recorders shall charge the following fees for recording affidavits of proof of labor on mining claims and for recording, pursuant to subsection 3 of NRS 517.230, affidavits of intent to hold mining claims:

For recording any such affidavits that embrace therein one claim........................................................... [$1] $2

For each additional mining claim embraced in the affidavit.......................................................................... [1] 2

    2.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the 5th working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.

    Sec. 3.  NRS 248.275 is hereby amended to read as follows:

    248.275  1.  The sheriff of each county in this state may charge and

collect the following fees:

For serving a summons or complaint, or any other process, by which an action or proceeding is commenced, except as a writ of habeas corpus, on every defendant............................................................................ [$15] $17

For traveling and making such service, per mile in going only, to be computed in all cases the distance actually traveled, for each mile............................................................................................................................... [1] 2

If any two or more papers are required to be served in the same suit at the same time, where parties live in the same direction, one mileage only may be charged.

For taking a bond or undertaking in any case in which he is authorized to take a bond or undertaking....... [4] 5

For a copy of any writ, process or other paper, when demanded or required by law, for each page.............. [2] 3

For serving every rule or order.......................................................................................................................................... 15

For serving one notice required by law before the commencement of a proceeding for any type of eviction.................................................................................................................................................................................. [15] 26

For serving not fewer than 2 nor more than 10 such notices to the same location, each notice................. [12] 20

For serving not fewer than 11 nor more than 24 such notices to the same location, each notice.............. [10] 17


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ê2001 Statutes of Nevada, Page 3211 (Chapter 603, AB 94)ê

 

For serving 25 or more such notices to the same location, each notice............................................................. [9] 15

For mileage in serving such a notice, for each mile necessarily and actually traveled in going only.............. [1] 2

But if two or more notices are served at the same general location during the same period, mileage may only be charged for the service of one notice.

For serving a subpoena, for each witness summoned................................................................................................. 15

For traveling, per mile in serving subpoenas, or a venire, in going only, for each mile...................................... [1] 2

When two or more witnesses or jurors live in the same direction, traveling fees must be charged only for the most distant.

For serving an attachment on property, or levying an execution, or executing an order of arrest or order for the delivery of personal property, together with traveling fees, as in cases of summons................................. 15

For making and posting notices and advertising for sale, on execution or any judgment or order of sale, not to include the cost of publication in a newspaper........................................................................................................ 15

For issuing each certificate of sale of property on execution or order of sale, and for filing a duplicate thereof with the county recorder, which must be collected from the party receiving the certificate........................ [3] 5

For drawing and executing every sheriff’s deed, to be paid by the grantee, who shall in addition pay for the acknowledgment thereof..................................................................................................................................... [12] 20

For serving a writ of possession or restitution, putting any person into possession entitled thereto............ [15] 21

For traveling in the service of any process, not otherwise provided in this section, for each mile necessarily traveled, for going only, for each mile.................................................................................................................... [1] 2

For mailing a notice of a writ of execution................................................................................................................ [1] 2

The sheriff may charge and collect [$1] $2 per mile traveled, for going only, on all papers not served, where reasonable effort has been made to effect service, but not to exceed $20.

    2.  The sheriff may also charge and collect:

    (a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised or sold, on the first $500, 4 percent; on any sum in excess of $500, and not exceeding $1,000, 2 percent; on all sums above that amount, 1 percent.

    (b) For commissions for receiving and paying over money on executions without levy, or where the lands or goods levied on are not sold, on the first $3,500, 2 percent, and on all amounts over that sum, one-half of 1 percent.

    (c) For service of any process in a criminal case, or of a writ of habeas corpus, the same mileage as in civil cases, to be allowed, audited and paid as are other claims against the county.

    (d) For all services in justices’ courts, the same fees as are allowed in subsection 1 and paragraphs (a), (b) and (c) of this subsection.

    3.  The sheriff is also entitled to further compensation for his trouble and expense in taking possession of property under attachment, execution or other process and of preserving the property, as the court from which the writ or order may issue certifies to be just and reasonable.


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ê2001 Statutes of Nevada, Page 3212 (Chapter 603, AB 94)ê

 

other process and of preserving the property, as the court from which the writ or order may issue certifies to be just and reasonable.

    4.  In service of a subpoena or a venire in criminal cases, the sheriff is entitled to receive mileage for the most distant only, where witnesses and jurors live in the same direction.

    5.  The fees allowed for the levy of an execution, for advertising and for making and collecting money on an execution or order of sale, must be collected from the defendants, by virtue of the execution or order of sale, in the same manner as the execution is directed to be made.

    6.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, all fees collected by a sheriff must be paid into the county treasury of his county on or before the fifth working day of the month next succeeding the month in which the fees are collected.

    Sec. 4.  NRS 258.125 is hereby amended to read as follows:

    258.125  1.  Constables are entitled to the following fees for their services:

For serving a summons or other process by which a suit is commenced in civil cases....................... [$10] $17

For summoning a jury before a justice of the peace.......................................................................................... [5] 7

For taking a bond or undertaking.......................................................................................................................... [3] 5

For serving an attachment against the property of a defendant..................................................................... [5] 9

For serving subpoenas, for each witness............................................................................................................ [8] 15

For a copy of any writ, process or order or other paper, when demanded or required by law, per folio... [2] 3

For drawing and executing every constable’s deed, to be paid by the grantee, who must also pay for the acknowledgment thereof.................................................................................................................................... [12] 20

For each certificate of sale of real property under execution........................................................................... [3] 5

For levying any writ of execution or writ of garnishment, or executing an order of arrest in civil cases, or order for delivery of personal property, with traveling fees as for summons................................................................. [8] 9

For serving one notice required by law before the commencement of a proceeding for any type of eviction [15] 26

For serving not fewer than 2 nor more than 10 such notices to the same location, each notice........... [12] 20

For serving not fewer than 11 nor more than 24 such notices to the same location, each notice......... [10] 17

For serving 25 or more such notices to the same location, each notice........................................................ [9] 15

For mileage in serving such a notice, for each mile necessarily and actually traveled in going only........ [1] 2

But if two or more notices are served at the same general location during the same period, mileage may only be charged for the service of one notice.

For each service in a summary eviction, except service of any notice required by law before commencement of the proceeding, and for serving notice of and executing a writ of restitution.................................................. [15] 21

For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper..................................................................................................................................... [5] 9

For each warrant lawfully executed................................................................................................................. [35] 48


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ê2001 Statutes of Nevada, Page 3213 (Chapter 603, AB 94)ê

 

For mileage in serving summons, attachment, execution, order, venire, subpoena, notice, summary eviction, writ of restitution or other process in civil suits, for each mile necessarily and actually traveled, in going only.. [1] 2

But when two or more persons are served in the same suit, mileage may only be charged for the most distant, if they live in the same direction.

For mileage in making a diligent but unsuccessful effort to serve a summons, attachment, execution, order, venire, subpoena or other process in civil suits, for each mile necessarily and actually traveled, in going only.. [1] 2

But mileage may not exceed $20 for any unsuccessful effort to serve such process.

    2.  A constable is also entitled to receive:

    (a) For receiving and taking care of property on execution, attachment or order, his actual necessary expenses, to be allowed by the court which issued the writ or order, upon the affidavit of the constable that the charges are correct and the expenses necessarily incurred.

    (b) For collecting all sums on execution or writ, to be charged against the defendant, on the first $3,500, 2 percent thereof, and on all amounts over that sum, one-half of 1 percent.

    (c) For service in criminal cases, except for execution of warrants, the same fees as are allowed sheriffs for like services, to be allowed, audited and paid as are other claims against the county.

    3.  Deputy sheriffs acting as constables are not entitled to retain for their own use any fees collected by them, but the fees must be paid into the county treasury on or before the 5th working day of the month next succeeding the month in which the fees were collected.

    4.  Constables shall, on or before the 5th working day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.

    Sec. 5.  NRS 259.200 is hereby amended to read as follows:

    259.200  1.  A justice of the peace is entitled, for each day necessarily employed in holding an inquest, to a fee of [$19.] $23.

    2.  This fee must be paid out of the county treasury as other demands against the county are paid.

    Sec. 6.  (Deleted by amendment.)

    Sec. 6.5.  NRS 4.060 is hereby amended to read as follows:

    4.060  1.  Except as otherwise provided in this section, each justice of the peace shall charge and collect the following fees:

    (a) On the commencement of any action or proceeding in the justice’s court, other than in actions commenced pursuant to chapter 73 of NRS, to be paid by the party commencing the action:

If the sum claimed does not exceed $1,000.................................................................................................... $28.00

If the sum claimed exceeds $1,000 but does not exceed $2,500.................................................................. 50.00

If the sum claimed exceeds $2,500 but does not exceed $4,500................................................................ 100.00

If the sum claimed exceeds $4,500 but does not exceed $6,500................................................................ 125.00


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ê2001 Statutes of Nevada, Page 3214 (Chapter 603, AB 94)ê

 

If the sum claimed exceeds $6,500 but does not exceed $7,500................................................................ 150.00

In all other civil actions.......................................................................................................................................... 28.00

    (b) For the preparation and filing of an affidavit and order in an action commenced pursuant to chapter 73 of NRS:

If the sum claimed does not exceed $1,000...................................................................................................... 25.00

If the sum claimed exceeds $1,000 but does not exceed $2,500.................................................................. 45.00

If the sum claimed exceeds $2,500 but does not exceed $5,000.................................................................. 65.00

    (c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid him or them on filing the first paper in the action, or at the time of appearance:

In all civil actions.................................................................................................................................................... 12.00

For every additional defendant, appearing separately...................................................................................... 6.00

    (d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued pursuant to the provisions of chapter 73 of NRS.

    (e) For the filing of any paper in intervention.................................................................................................. 6.00

    (f) For the issuance of any writ of attachment, writ of garnishment, writ of execution or any other writ designed to enforce any judgment of the court................................................................................................................... 6.00

    (g) For filing a notice of appeal, and appeal bonds...................................................................................... 12.00

One charge only may be made if both papers are filed at the same time.

    (h) For issuing supersedeas to a writ designed to enforce a judgment or order of the court................. 12.00

    (i) For preparation and transmittal of transcript and papers on appeal................................................... 12.00

    (j) For celebrating a marriage and returning the certificate to the county recorder................ [35.00] $50.00

    (k) For entering judgment by confession.......................................................................................................... 6.00

    (l) For preparing any copy of any record, proceeding or paper, for each page............................................ .30

    (m) For each certificate of the clerk, under the seal of the court................................................................. 3.00

    (n) For searching records or files in his office, for each year......................................................................... 1.00

    (o) For filing and acting upon each bail or property bond ......................................................................... 40.00

    2.  A justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by him to the county in which his township is located.

    3.  A justice of the peace shall not charge or collect the fee pursuant to paragraph (j) of subsection 1 if he performs a marriage ceremony in a commissioner township.

    4.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except for the fees he may retain as compensation and the fees he is required to pay to the state treasurer pursuant to subsection 5.

    5.  The justice of the peace shall, on or before the fifth day of each month, pay to the state treasurer [half] :


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ê2001 Statutes of Nevada, Page 3215 (Chapter 603, AB 94)ê

 

    (a) An amount equal to $5 of each fee collected pursuant to paragraph (j) of subsection 1 during the preceding month. The state treasurer shall deposit the money in the account for aid for victims of domestic violence in the state general fund.

    (b) Half of the fees collected pursuant to paragraph (o) of subsection 1 during the preceding month. The state treasurer shall deposit the money in the fund for the compensation of victims of crime.

    Sec. 7.  NRS 17.110 is hereby amended to read as follows:

    17.110  The statement must be filed with the clerk of the court in which the judgment is to be entered. The clerk shall endorse upon it and enter in the judgment book a judgment of the court for the amount confessed, with [$24] $28 costs. The judgment and affidavit, with the judgment endorsed, thereupon become the judgment roll.

    Sec. 8.  NRS 19.013 is hereby amended to read as follows:

    19.013  1.  Except as otherwise provided by specific statute, each county clerk shall charge and collect the following fees:

On the commencement of any action or proceeding in the district court, or on the transfer of any action or proceeding from a district court of another county, except probate or guardianship proceedings, to be paid by the party commencing the action, proceeding or transfer......................................................................................... $56

On an appeal to the district court of any case from a justice’s court or a municipal court, or on the transfer of any case from a justice’s court or a municipal court..................................................................................................... 42

On the filing of a petition for letters testamentary, letters of administration, setting aside an estate without administration, or a guardianship, which fee includes the court fee prescribed by NRS 19.020, to be paid by the petitioner:

Where the stated value of the estate is more than $2,500.................................................................................... 72

Where the stated value of the estate is $2,500 or less, no fee may be charged or collected.

On the filing of a petition to contest any will or codicil, to be paid by the petitioner....................................... 44

On the filing of an objection or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any answer in an estate or guardianship matter........................... 44

On the appearance of any defendant or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them............................................................................................................ 44

For filing a notice of appeal........................................................................................................................................ 24

For issuing a transcript of judgment and certifying thereto.................................................................................... 3

For preparing any copy of any record, proceeding or paper, for each page........................................................ 1

For each certificate of the clerk, under the seal of the court................................................................................... 3

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for his certificate.................................................................................................................................................................... 5

For filing all papers not otherwise provided for, other than papers filed in actions and proceedings in court and papers filed by public officers in their official capacity........................................................................................ 15

For issuing any certificate under seal, not otherwise provided for......................................................................... 6

For searching records or files in his office, for each year......................................................................................... 1


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ê2001 Statutes of Nevada, Page 3216 (Chapter 603, AB 94)ê

 

For filing and recording a bond of a notary public, per name......................... 15

For entering the name of a firm or corporation in the register of the county clerk [15] 20

    2.  Except as otherwise provided by specific statute, all fees prescribed in this section are payable in advance if demanded by the county clerk.

    3.  The fees set forth in subsection 1 are payment in full for all services rendered by the county clerk in the case for which the fees are paid, including the preparation of the judgment roll, but the fees do not include payment for typing, copying, certifying or exemplifying or authenticating copies.

    4.  No fee may be charged any attorney at law admitted to practice in this state for searching records or files in the office of the clerk. No fee may be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.

    5.  Each county clerk shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

    Sec. 9.  NRS 122.060 is hereby amended to read as follows:

    122.060  1.  The clerk is entitled to receive as his fee for issuing the license the sum of [$13.] $21.

    2.  The clerk shall also at the time of issuing the license collect the sum of [$3] $10 and pay it over to the county recorder as his fee for recording the originally signed copy of the certificate of marriage described in NRS 122.120.

    3.  The clerk shall also at the time of issuing the license collect the additional sum of $4 for the State of Nevada. The fees collected for the state must be paid over to the county treasurer by the county clerk on or before the 5th day of each month for the preceding calendar month, and must be placed to the credit of the state general fund. The county treasurer shall remit quarterly all such fees deposited by the clerk to the state treasurer for credit to the state general fund.

    4.  The clerk shall also at the time of issuing the license collect the additional sum of $15 for the account for aid for victims of domestic violence in the state general fund. The fees collected for this purpose must be paid over to the county treasurer by the county clerk on or before the 5th day of each month for the preceding calendar month, and must be placed to the credit of that account. The county treasurer shall, on or before the 15th day of each month, remit those fees deposited by the clerk to the state treasurer for credit to that account.

    Sec. 9.3.  NRS 122.060 is hereby amended to read as follows:

    122.060  1.  The clerk is entitled to receive as his fee for issuing the license the sum of $21.

    2.  The clerk shall also at the time of issuing the license collect the sum of $10 and pay it over to the county recorder as his fee for recording the originally signed copy of the certificate of marriage described in NRS 122.120.

    3.  The clerk shall also at the time of issuing the license collect the additional sum of $4 for the State of Nevada. The fees collected for the state must be paid over to the county treasurer by the county clerk on or before the 5th day of each month for the preceding calendar month, and must be placed to the credit of the state general fund. The county treasurer shall remit quarterly all such fees deposited by the clerk to the state treasurer for credit to the state general fund.


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ê2001 Statutes of Nevada, Page 3217 (Chapter 603, AB 94)ê

 

quarterly all such fees deposited by the clerk to the state treasurer for credit to the state general fund.

    4.  The clerk shall also at the time of issuing the license collect the additional sum of [$15] $20 for the account for aid for victims of domestic violence in the state general fund. The fees collected for this purpose must be paid over to the county treasurer by the county clerk on or before the 5th day of each month for the preceding calendar month, and must be placed to the credit of that account. The county treasurer shall, on or before the 15th day of each month, remit those fees deposited by the clerk to the state treasurer for credit to that account.

    Sec. 9.7.  NRS 122.181 is hereby amended to read as follows:

    122.181  1.  The commissioner of civil marriages or his deputy commissioner of civil marriages is entitled to receive as his fee for solemnizing a marriage [$35. All fees received for solemnizing marriages by the commissioner or his deputy] $45. The fee must be deposited in the county general fund.

    2.  The commissioner of civil marriages or his deputy commissioner of civil marriages shall also at the time of solemnizing a marriage collect the additional sum of $5 for the account for aid for victims of domestic violence in the state general fund. The fees collected for this purpose must be paid over to the county treasurer by the county clerk on or before the fifth day of each month for the preceding calendar month, and must be credited to that account. The county treasurer shall, on or before the 15th day of each month, remit those fees deposited by the clerk to the state treasurer for credit to that account.

    Sec. 10.  NRS 278.450 is hereby amended to read as follows:

    278.450  [The] For the recordation of any final map, the county recorder shall collect a fee of [$35, plus 35 cents per lot or unit mapped, for the recordation of any final map.] $50 for the first sheet of the map and $10 for each additional sheet. The fee must be deposited in the general fund of the county where it is collected.

    Sec. 11.  NRS 278.468 is hereby amended to read as follows:

    278.468  1.  If a parcel map is approved or deemed approved pursuant to NRS 278.464, the preparer of the map shall:

    (a) Cause the approved map to be recorded in the office of the county recorder within 1 year after the date the map was approved or deemed approved, unless the governing body establishes by ordinance a longer period, not to exceed 2 years, for recording the map. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.

    (b) Pay a [$17] fee of $17 for the first sheet of the map plus $10 for each additional sheet to the county recorder for filing and indexing.

    2.  Upon receipt of a parcel map, the county recorder shall file the map in a suitable place. He shall keep proper indexes of parcel maps by the name of grant, tract, subdivision or United States subdivision.

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

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

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


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ê2001 Statutes of Nevada, Page 3218 (Chapter 603, AB 94)ê

 

    Sec. 12.  NRS 278.4725 is hereby amended to read as follows:

    278.4725  1.  Except as otherwise provided in this section, if the governing body has authorized the planning commission to take final action on a final map, the planning commission shall approve, conditionally approve or disapprove the final map, basing its action upon the requirements of NRS 278.472:

    (a) In a county whose population is 40,000 or more, within 45 days; or

    (b) In a county whose population is less than 40,000, within 60 days,

after accepting the final map as a complete application. The planning commission shall file its written decision with the governing body. Except as otherwise provided in subsection 5, or unless the time is extended by mutual agreement, if the planning commission is authorized to take final action and it fails to take action within the period specified in this subsection, the final map shall be deemed approved unconditionally.

    2.  If there is no planning commission or if the governing body has not authorized the planning commission to take final action, the governing body or its authorized representative shall approve, conditionally approve or disapprove the final map, basing its action upon the requirements of NRS 278.472:

    (a) In a county whose population is 40,000 or more, within 45 days; or

    (b) In a county whose population is less than 40,000, within 60 days,

after the final map is accepted as a complete application. Except as otherwise provided in subsection 5 or unless the time is extended by mutual agreement, if the governing body or its authorized representative fails to take action within the period specified in this subsection, the final map shall be deemed approved unconditionally.

    3.  An applicant or other person aggrieved by a decision of the authorized representative of the governing body or by a final act of the planning commission may appeal to the governing body within a reasonable period to be determined, by ordinance, by the governing body. The governing body shall render its decision:

    (a) In a county whose population is 40,000 or more, within 45 days; or

    (b) In a county whose population is less than 40,000, within 60 days,

after the date on which the appeal is filed.

    4.  If the map is disapproved, the governing body or its authorized representative or the planning commission shall return the map to the person who proposes to divide the land, with the reason for its action and a statement of the changes necessary to render the map acceptable.

    5.  If the final map divides the land into 16 lots or more, the governing body or its authorized representative or the planning commission shall not approve a map, and a map shall not be deemed approved, unless:

    (a) Each lot contains an access road that is suitable for use by emergency vehicles; and

    (b) The corners of each lot are set by a professional land surveyor.

    6.  If the final map divides the land into 15 lots or less, the governing body or its authorized representative or the planning commission may, if reasonably necessary, require the map to comply with the provisions of subsection 5.


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ê2001 Statutes of Nevada, Page 3219 (Chapter 603, AB 94)ê

 

    7.  Upon approval, the map must be filed with the county recorder. Filing with the county recorder operates as a continuing:

    (a) Offer to dedicate for public roads the areas shown as proposed roads or easements of access, which the governing body may accept in whole or in part at any time or from time to time.

    (b) Offer to grant the easements shown for public utilities, which any public utility may similarly accept without excluding any other public utility whose presence is physically compatible.

    8.  The map filed with the county recorder must include:

    (a) A certificate signed and acknowledged by each owner of land to be divided consenting to the preparation of the map, the dedication of the roads and the granting of the easements.

    (b) A certificate signed by the clerk of the governing body or authorized representative of the governing body or the secretary to the planning commission that the map was approved, or the affidavit of the person presenting the map for filing that the time limited by subsection 1 or 2 for action by the governing body or its authorized representative or the planning commission has expired and that the requirements of subsection 5 have been met. A certificate signed pursuant to this paragraph must also indicate, if applicable, that the governing body or planning commission determined that a public street, easement or utility easement which will not remain in effect after a merger and resubdivision of parcels conducted pursuant to NRS 278.4925, has been vacated or abandoned in accordance with NRS 278.480.

    (c) A written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.

    9.  A governing body may by local ordinance require a final map to include:

    (a) A report from a title company which lists the names of:

         (1) Each owner of record of the land to be divided; and

         (2) Each holder of record of a security interest in the land to be divided, if the security interest was created by a mortgage or a deed of trust.

    (b) The signature of each owner of record of the land to be divided.

    (c) The written consent of each holder of record of a security interest listed pursuant to subparagraph (2) of paragraph (a), to the preparation and recordation of the final map. A holder of record may consent by signing:

         (1) The final map; or

         (2) A separate document that is filed with the final map and declares his consent to the division of land.

    10.  After a map has been filed with the county recorder, any lot shown thereon may be conveyed by reference to the map, without further description.

    11.  The county recorder shall charge and collect for recording the map a fee set by the board of county commissioners of not more than [$35 per page set by the board of county commissioners.] $50 for the first sheet of the map plus $10 for each additional sheet.

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

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

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


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ê2001 Statutes of Nevada, Page 3220 (Chapter 603, AB 94)ê

 

    Sec. 13.  NRS 278A.570 is hereby amended to read as follows:

    278A.570  1.  A plan which has been given final approval by the city or county, must be certified without delay by the city or county and filed of record in the office of the appropriate county recorder before any development occurs in accordance with that plan. A county recorder shall not file for record any final plan unless it includes:

    (a) A final map of the entire final plan or an identifiable phase of the final plan if required by the provisions of NRS 278.010 to 278.630, inclusive;

    (b) The certifications required pursuant to NRS 116.2109; and

    (c) The same certificates of approval as are required under NRS 278.377 or evidence that:

         (1) The approvals were requested more than 30 days before the date on which the request for filing is made; and

         (2) The agency has not refused its approval.

    2.  Except as otherwise provided in this subsection, after the plan is recorded, the zoning and subdivision regulations otherwise applicable to the land included in the plan cease to apply. If the development is completed in identifiable phases, then each phase can be recorded. The zoning and subdivision regulations cease to apply after the recordation of each phase to the extent necessary to allow development of that phase.

    3.  Pending completion of the planned unit development, or of the part that has been finally approved, no modification of the provisions of the plan, or any part finally approved, may be made, nor may it be impaired by any act of the city or county except with the consent of the landowner.

    4.  [The] For the recording or filing of any final map, plat or plan, the county recorder shall collect a fee of $50 [, plus 50 cents per lot or unit mapped,] for the [recording or filing of any final map, plat or plan .] first sheet of the map, plat or plan plus $10 for each additional sheet. The fee must be deposited in the general fund of the county where it is collected.

    Sec. 14.  NRS 403.190 is hereby amended to read as follows:

    403.190  1.  Except as otherwise provided in subsection 3, upon laying out and designating the county roads as required in NRS 403.170, the board of county highway commissioners shall cause a map of the county to be made, showing the county roads and their designations. The board shall file one copy of the map with the clerk of the board of county highway commissioners, one copy with the department of transportation, one copy with the county clerk and one copy with the county recorder.

    2.  When any road has been designated by the board of county highway commissioners as a standard county road, as provided in NRS 403.180, that designation must be made on the copies of the map on file with the clerk of the board of county highway commissioners, the county clerk, the department of transportation and the county recorder.

    3.  The board of county highway commissioners need not include a minor county road upon the map required by subsection 1. Any person who uses a minor county road may file with the county recorder a map showing the location of the road, appropriately emphasized in black ink upon the map by the person filing it. The map must:

    (a) Be a topographical map prepared by the United States Geological Survey, unless the board of county highway commissioners determines that other specific maps are acceptable.

    (b) Have written on its face, in black ink, the townships, ranges and sections through which the road traverses.


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ê2001 Statutes of Nevada, Page 3221 (Chapter 603, AB 94)ê

 

The map so filed is evidence of the existence and location of the road. Each person filing such a map shall pay to the county recorder a fee of $17 for the first sheet of the map plus $10 [.] for each additional sheet.

    Sec. 14.5.  Chapter 423 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The account to assist persons formerly in foster care is hereby established in the department of human resources’ gift fund.

    2.  The account must be administered by the administrator.

    3.  The money in the account must be used to assist persons who attained the age of 18 years while children in foster care in this state to make the transition from foster care to economic self-sufficiency, and may, consistent with that purpose, be:

    (a) Disbursed on behalf of such persons, on the basis of need, to obtain goods and services, including, without limitation:

         (1) Job training;

         (2) Housing assistance; and

         (3) Medical insurance;

    (b) Granted to nonprofit community organizations; or

    (c) Expended to provide matching money required as a condition of any federal grant.

    4.  A request for the disbursement of money from the account pursuant to paragraph (a) of subsection 3 must be made to the division in writing. The request must include information to demonstrate that all other resources for money to pay for the goods and services have been exhausted.

    5.  The division shall adopt such regulations as necessary for the administration of this section.

    6.  Money in the account at the end of any fiscal year remains in the account and does not revert to any other fund.

    Sec. 15.  NRS 625.370 is hereby amended to read as follows:

    625.370  1.  The charge for filing and indexing any record of survey is $17 [.] for the first page plus $10 for each additional page.

    2.  The record of survey must be suitably filed by the county recorder and he shall keep proper indexes of such survey records by name of tract, subdivision or United States land subdivision.

    3.  A county recorder who records a record of survey pursuant to this section shall, within 7 working days after he records the record of survey, provide to the county assessor at no charge:

    (a) A duplicate copy of the record of survey and any supporting documents; or

    (b) Access to the digital record of survey and any digital supporting documents.

    Sec. 16.  1.  This section and sections 9 and 9.7 of this act become effective on July 1, 2001.

    2.  Sections 1 to 8, inclusive, and 10 to 15, inclusive, of this act become effective on October 1, 2001.

    3.  Section 9 of this act expires by limitation on December 31, 2002.

    4.  Section 9.3 of this act becomes effective on January 1, 2003.

________

 


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ê2001 Statutes of Nevada, Page 3222ê

 

CHAPTER 604, AB 661

Assembly Bill No. 661–Select Committee on Energy

 

CHAPTER 604

 

AN ACT relating to energy; authorizing certain eligible customers to purchase electrical energy, capacity and certain ancillary services from providers of new electric resources; establishing the universal energy charge to fund low-income energy assistance and conservation; requiring certain retail customers to pay the universal energy charge; requiring certain public utilities and municipal utilities to perform certain functions related to the universal energy charge; creating the fund for energy assistance and conservation and setting forth the criteria to determine the eligibility of a household to receive assistance from money in the fund; authorizing certain agencies to render emergency assistance to households in certain circumstances; revising and repealing various provisions concerning the regulation of public utilities and the process of establishing and changing rates; expanding the public utilities commission of Nevada from three to five members; revising the authority of the commission to regulate mergers, acquisitions and certain other transactions involving public utilities and other entities; making various changes with respect to net metering; authorizing the director of the department of business and industry to issue industrial development revenue bonds for certain renewable energy generation projects; creating the task force for renewable energy and energy conservation and prescribing its membership and duties; creating the trust fund for renewable energy and energy conservation; creating the office of energy within the office of the governor; transferring control of the Nevada state energy office from the director of the department of business and industry to the office of energy within the office of the governor; requiring certain lodging establishments to include certain information concerning energy costs on their statement of rates; and providing other matters properly relating thereto.

 

[Approved: July 17, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  For the purposes of sections 3 to 26, inclusive, of this act, the legislature hereby finds and declares that:

    1.  A reliable and reasonably priced supply of electricity is critical to the economy of this state and to the health, safety and welfare of the residents of this state;

    2.  The electric utilities in this state depend on regional energy markets to purchase approximately 50 percent of the electricity needed to serve their customers in this state, and such purchases are often made pursuant to agreements with terms of 1 year or less;

    3.  The energy markets in the western United States currently are characterized by critical shortages in the supply of electricity and extremely high prices for electricity, both of which are damaging to the strength of the economy of this state and to the well-being of the residents of this state;

    4.  The residents of this state would benefit from construction of new generation assets in this state and from access to other new electric resources, wherever located, that provide lower-priced electricity;

    5.  The economic development that would result from construction in this state of new generation assets, supporting gas pipelines and additional infrastructure would be of special benefit to the rural areas of this state where the new generation assets are most likely to be located;


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ê2001 Statutes of Nevada, Page 3223 (Chapter 604, AB 661)ê

 

    6.  During this session, the legislature has considered a number of different but complementary approaches to developing and using new generation assets and other new electric resources and to increasing the supply of reasonably priced electricity in this state;

    7.  The development and use of new generation assets and other new electric resources by eligible customers would permit the electric utilities in this state to reduce their dependence on purchases of excessively priced electricity from dysfunctional, short-term energy markets and would thereby reduce the average system costs for such electric utilities;

    8.  The development and use of new generation assets and other new electric resources can be encouraged by allowing eligible customers to use their own resources, initiative, expertise and credit to develop, access and enter into agreements for the purchase of electricity from new generation assets and other new electric resources; and

    9.  To protect the electric utilities in this state and their remaining customers, all transactions proposed by eligible customers pursuant to sections 3 to 26, inclusive, of this act must be carefully reviewed by the public utilities commission of Nevada to ensure that the electric utilities in this state and their remaining customers are not subject to increased costs as a result of the proposed transactions and that the proposed transactions are not otherwise contrary to the public interest.

    Sec. 2.  Title 58 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 3 to 26, inclusive, of this act.

    Sec. 3.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 16, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 4.  “Ancillary services” means those generation services that:

    1.  Are necessary to support the transmission of energy and capacity from resources to loads while maintaining reliable operation of the transmission system of the electric utility; and

    2.  Are defined and established in applicable transmission tariffs on file with the Federal Energy Regulatory Commission.

    Sec. 5.  “Calendar quarter” means each period of 3 consecutive calendar months ending on March 31, June 30, September 30 and December 31 in each calendar year.

    Sec. 6.  “Commission” means the public utilities commission of Nevada.

    Sec. 7.  1.  “Electric utility” means any public utility or successor in interest that:

    (a) Is in the business of providing electric service to customers;

    (b) Holds a certificate of public convenience and necessity issued or transferred pursuant to chapter 704 of NRS; and

    (c) In the most recently completed calendar year or in any other calendar year within the 7 calendar years immediately preceding the most recently completed calendar year, had a gross operating revenue of $250,000,000 or more in this state.

    2.  The term does not include a cooperative association, nonprofit corporation, nonprofit association or provider of electric service which is declared to be a public utility pursuant to NRS 704.673 and which provides service only to its members.


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ê2001 Statutes of Nevada, Page 3224 (Chapter 604, AB 661)ê

 

    Sec. 8.  “Electric utility that primarily serves densely populated counties” means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this state from customers located in counties whose population is 400,000 or more than it does from customers located in counties whose population is less than 400,000.

    Sec. 9.  “Electric utility that primarily serves less densely populated counties” means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this state from customers located in counties whose population is less than 400,000 than it does from customers located in counties whose population is 400,000 or more.

    Sec. 10.  “Eligible customer” means an end-use customer which is:

    1.  A nongovernmental commercial or industrial end-use customer that has an average annual load of 1 megawatt or more in the service territory of an electric utility.

    2.  A governmental entity, including, without limitation, a governmental entity providing educational or health care services, that:

    (a) Performs its functions using one or more facilities which are operated under a common budget and common control; and

    (b) Has an average annual load of 1 megawatt or more in the service territory of an electric utility.

    Sec. 11.  “Energy” means electrical energy.

    Sec. 12.  “Generation asset” means any plant, facility, equipment or system which is located within or outside this state and which converts nonelectrical energy into electrical energy or otherwise produces electrical energy.

    Sec. 13.  “New electric resource” means:

    1.  The energy, capacity or ancillary services and any increased or additional energy, capacity or ancillary services which are:

    (a) Made available from a generation asset that is not owned by an electric utility or is not subject to contractual commitments to an electric utility that make the energy, capacity or ancillary services from the generation asset unavailable for purchase by an eligible customer; and

    (b) Able to be delivered to an eligible customer.

    2.  Any increased energy, capacity or ancillary services made available from a generation asset pursuant to an agreement described in section 18 of this act.

    Sec. 14.  “Person” means:

    1.  A natural person.

    2.  Any form of business or social organization and any other nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization.

    3.  A governmental entity other than:

    (a) This state or an agency or instrumentality of this state; or

    (b) A political subdivision of this state or an agency or instrumentality of a political subdivision of this state.

    Sec. 15.  “Provider of new electric resources” and “provider” mean a person who makes energy, capacity or ancillary services from a new electric resource available to an eligible customer.


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ê2001 Statutes of Nevada, Page 3225 (Chapter 604, AB 661)ê

 

    Sec. 16.  “Time-of-use meter” means a meter that:

    1.  Measures and records the electric demand, energy and power factor on 15-minute intervals; and

    2.  Is suitable for use with an electric demand of 1 megawatt or more.

    Sec. 17.  1.  The provisions of this chapter do not alter, diminish or otherwise affect any rights or obligations arising under any contract which requires an electric utility to purchase energy, capacity or ancillary services from another party and which exists on the effective date of this act.

    2.  Each electric utility or its assignee shall comply with the terms of any contract which requires the electric utility or its assignee to purchase energy, capacity or ancillary services from another party and which exists on the effective date of this act.

    Sec. 18.  1.  Except as otherwise provided in this section, an electric utility may, at its discretion, enter into agreements relating to its generation assets and the energy, capacity or ancillary services provided by its generation assets with one or more other persons who are not electric utilities. Such agreements, without limitation:

    (a) May include agreements to construct or install a new generation asset on real property that is adjacent to an existing generation asset owned by the electric utility; and

    (b) May provide for the sharing of available common facilities with the existing generation asset or the reengineering, repowering or expansion of the existing generation asset to generate energy more efficiently and at a lower cost and to make more energy available to customers in this state.

    2.  Any increased energy, capacity or ancillary services made available from a new generation asset or an existing generation asset pursuant to an agreement described in subsection 1 shall be deemed to be a new electric resource that may be:

    (a) Owned by the parties to the agreement who are not electric utilities; and

    (b) Used or consumed by such parties for their own purposes, sold at wholesale by such parties or sold by such parties to one or more eligible customers pursuant to the provisions of this chapter.

    3.  A transaction undertaken pursuant to an agreement described in subsection 1:

    (a) Must not impair system reliability or the ability of the electric utility to provide electric service to its customers; and

    (b) Must not violate the provisions of sections 8 to 18, inclusive, of Assembly Bill No. 369 of this session.

    4.  The provisions of this section do not exempt any party to an agreement described in subsection 1 from any applicable statutory or regulatory requirements relating to siting, construction and operation of a generation asset.

    5.  The commission shall encourage the development of new electric resources and shall not exercise its regulatory authority in a manner that unnecessarily or unreasonably restricts, conditions or discourages any agreement described in subsection 1 that is likely to result in increased energy, capacity or ancillary services from a generation asset or improved or more efficient operation or management of a generation asset.


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ê2001 Statutes of Nevada, Page 3226 (Chapter 604, AB 661)ê

 

    Sec. 19.  1.  Except as otherwise provided in this section, a provider of new electric resources may sell energy, capacity or ancillary services to one or more eligible customers if the eligible customers have been approved to purchase energy, capacity and ancillary services from the provider pursuant to the provisions of sections 20 and 21 of this act.

    2.  A provider of new electric resources shall not sell energy, capacity or ancillary services to an eligible customer:

    (a) Before April 1, 2002, if the eligible customer’s load is in the service territory of an electric utility that primarily serves less densely populated counties;

    (b) Before June 1, 2002, if the eligible customer’s load is in the service territory of an electric utility that primarily serves densely populated counties; or

    (c) If the transaction violates the provisions of this chapter.

    3.  A provider of new electric resources that sells energy, capacity or ancillary services to an eligible customer pursuant to the provisions of this chapter:

    (a) Does not become and shall not be deemed to be a public utility solely because of that transaction; and

    (b) Does not become and shall not be deemed to be subject to the jurisdiction of the commission except as otherwise provided in this chapter or by specific statute.

    4.  If a provider of new electric resources is not a public utility in this state and is not otherwise authorized by the provisions of a specific statute to sell energy, capacity or ancillary services at retail in this state, the provider shall not sell energy, capacity or ancillary services at retail in this state to a person or entity that is not an eligible customer.

    Sec. 20.  1.  An eligible customer that is purchasing electric service from an electric utility shall not purchase energy, capacity or ancillary services from a provider of new electric resources and an eligible customer that is purchasing energy, capacity or ancillary services from a provider of new electric resources shall not purchase energy, capacity or ancillary services from another provider unless:

    (a) The eligible customer files an application with the commission not later than 180 days before the date on which the eligible customer intends to begin purchasing energy, capacity or ancillary services from the provider; and

    (b) The commission approves the application by a written order issued in accordance with the provisions of this section and section 21 of this act.

The date on which the eligible customer intends to begin purchasing energy, capacity or ancillary services from the provider must not be sooner than the date on which the provider is authorized by section 19 of this act to begin selling energy, capacity or ancillary services to the eligible customer.

    2.  Except as otherwise provided in subsection 3, each application filed pursuant to this section must include:

    (a) Information demonstrating that the person filing the application is an eligible customer;

    (b) Information demonstrating that the proposed provider will provide energy, capacity or ancillary services from a new electric resource;


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ê2001 Statutes of Nevada, Page 3227 (Chapter 604, AB 661)ê

 

    (c) Information concerning the terms and conditions of the proposed transaction that is necessary for the commission to evaluate the impact of the proposed transaction on customers and the public interest, including, without limitation, information concerning the duration of the proposed transaction and the amount of energy, capacity or ancillary services to be purchased from the provider; and

    (d) Any other information required pursuant to the regulations adopted by the commission.

    3.  Except as otherwise provided in section 21 of this act, the commission shall not require the eligible customer or provider to disclose:

    (a) The price that is being paid by the eligible customer to purchase energy, capacity or ancillary services from the provider; or

    (b) Any other terms or conditions of the proposed transaction that the commission determines are commercially sensitive.

    4.  The commission shall provide public notice of the application of the eligible customer and an opportunity for a hearing on the application in a manner that is consistent with the provisions of NRS 703.320 and the regulations adopted by the commission.

    5.  The commission shall approve the application of the eligible customer unless the commission finds that the proposed transaction:

    (a) Will be contrary to the public interest; or

    (b) Does not comply with the provisions of section 21 of this act, if those provisions apply to the proposed transaction.

    6.  In determining whether the proposed transaction will be contrary to the public interest, the commission shall consider, without limitation:

    (a) Whether the electric utility that has been providing electric service to the eligible customer will be burdened by increased costs as a result of the proposed transaction or whether any remaining customer of the electric utility will pay increased costs for electric service as a result of the proposed transaction;

    (b) Whether the proposed transaction will impair system reliability or the ability of the electric utility to provide electric service to its remaining customers; and

    (c) Whether the proposed transaction will add energy, capacity or ancillary services to the supply in this state.

    7.  If the commission approves the application of the eligible customer:

    (a) The eligible customer shall not begin purchasing energy, capacity or ancillary services from the provider pursuant to the proposed transaction sooner than 180 days after the date on which the application was filed; and

    (b) The commission shall order such terms, conditions and payments as the commission deems necessary and appropriate to ensure that the proposed transaction will not be contrary to the public interest. Such terms, conditions and payments:

         (1) Must be fair and nondiscriminatory as between the eligible customer and the remaining customers of the electric utility; and

         (2) Must include, without limitation, payment by the eligible customer to the electric utility of the eligible customer’s load-share portion of any unrecovered balance in the deferred accounts of the electric utility.

    8.  If the commission does not enter a final order on the application of the eligible customer within 90 days after the date on which the application was filed with the commission:


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ê2001 Statutes of Nevada, Page 3228 (Chapter 604, AB 661)ê

 

    (a) The application shall be deemed to be approved by the commission; and

    (b) The eligible customer shall not begin purchasing energy, capacity or ancillary services from the provider pursuant to the proposed transaction sooner than 180 days after the date on which the application was filed.

    Sec. 21.  1.  For eligible customers whose loads are in the service territory of an electric utility that primarily serves densely populated counties, the aggregate amount of energy that all such eligible customers purchase from providers of new electric resources before July 1, 2003, must not exceed 50 percent of the difference between the existing supply of energy generated in this state that is available to the electric utility and the existing demand for energy in this state that is consumed by the customers of the electric utility, as determined by the commission.

    2.  An eligible customer that is a nongovernmental commercial or industrial end-use customer whose load is in the service territory of an electric utility that primarily serves densely populated counties shall not purchase energy, capacity or ancillary services from a provider of new electric resources unless, as part of the proposed transaction, the eligible customer agrees to:

    (a) Contract with the provider to purchase:

         (1) An additional amount of energy which is equal to 10 percent of the total amount of energy that the eligible customer is purchasing for its own use under the proposed transaction and which is purchased at the same price, terms and conditions as the energy purchased by the eligible customer for its own use; and

         (2) The capacity and ancillary services associated with the additional amount of energy at the same price, terms and conditions as the capacity and ancillary services purchased by the eligible customer for its own use; and

    (b) Offers to assign the rights to the contract to the electric utility for use by the remaining customers of the electric utility.

    3.  If an eligible customer is subject to the provisions of subsection 2, the eligible customer shall include with its application filed pursuant to section 20 of this act all information concerning the contract offered to the electric utility that is necessary for the commission to determine whether it is in the best interest of the remaining customers of the electric utility for the electric utility to accept the rights to the contract. Such information must include, without limitation, the amount of the energy and capacity to be purchased under the contract, the price of the energy, capacity and ancillary services and the duration of the contract.

    4.  Notwithstanding any specific statute to the contrary, information concerning the price of the energy, capacity and ancillary services and any other terms or conditions of the contract that the commission determines are commercially sensitive:

    (a) Must not be disclosed by the commission except to the regulatory operations staff of the commission, the consumer’s advocate and his staff and the electric utility for the purposes of carrying out the provisions of this section; and

    (b) Shall be deemed to be confidential for all other purposes, and the commission shall take such actions as are necessary to protect the confidentiality of such information.

    5.  If the commission determines that the contract:


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ê2001 Statutes of Nevada, Page 3229 (Chapter 604, AB 661)ê

 

    (a) Is not in the best interest of the remaining customers of the electric utility, the electric utility shall not accept the rights to the contract, and the eligible customer is entitled to all rights to the contract.

    (b) Is in the best interest of the remaining customers of the electric utility, the electric utility shall accept the rights to the contract and the eligible customer shall assign all rights to the contract to the electric utility. A contract that is assigned to the electric utility pursuant to this paragraph shall be deemed to be an approved part of the resource plan of the electric utility and a prudent investment, and the electric utility may recover all costs for the energy, capacity and ancillary services acquired pursuant to the contract. To the extent practicable, the commission shall take actions to ensure that the electric utility uses the energy, capacity and ancillary services acquired pursuant to each such contract only for the benefit of the remaining customers of the electric utility that are not eligible customers, with a preference for the remaining customers of the electric utility that are residential customers with small loads.

    6.  The provisions of this section do not exempt the electric utility, in whole or in part, from the requirements imposed on the electric utility pursuant to sections 3 to 12, inclusive, of Senate Bill No. 372 of this session to comply with its portfolio standard for renewable energy. The commission shall not take any actions pursuant to this section that conflict with or diminish those requirements.

    7.  As used in this section, “consumer’s advocate” means the consumer’s advocate of the bureau of consumer protection in the office of the attorney general.

    Sec. 22.  1.  If an eligible customer is purchasing energy, capacity or ancillary services from a provider of new electric resources, the eligible customer may, pursuant to tariffs approved by the commission, replace some or all, but not less than all at a single time-of-use meter, of the energy, capacity or ancillary services purchased from the provider of new electric resources with energy, capacity or ancillary services purchased from an electric utility.

    2.  The tariffs approved by the commission pursuant to this section must include, without limitation:

    (a) Provisions requiring the eligible customer to pay any incremental costs that are incurred by the electric utility to provide energy to the eligible customer;

    (b) Provisions requiring the eligible customer to provide reasonable and adequate notice to the electric utility;

    (c) Provisions establishing minimum terms during which the eligible customer must continue to purchase energy from the electric utility; and

    (d) Any other provisions that the commission determines are necessary and reasonable to carry out and enforce the provisions of this section.

    Sec. 23.  1.  A provider of new electric resources shall not sell energy, capacity or ancillary services to an eligible customer unless the customer has a time-of-use meter installed at the point of delivery of energy to the eligible customer.

    2.  An electric utility shall install a time-of-use meter at each point of delivery of energy to the eligible customer if the eligible customer does not have a time-of-use meter at that point of delivery. If the eligible customer is:


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ê2001 Statutes of Nevada, Page 3230 (Chapter 604, AB 661)ê

 

    (a) A nongovernmental commercial or industrial end-use customer, the eligible customer or the provider shall pay all costs for the time-of-use meter and for installation of the time-of-use meter by the electric utility.

    (b) A governmental entity, the provider shall pay all costs for the time-of-use meter and for installation of the time-of-use meter by the electric utility.

    3.  Not more than one person or entity may sell the energy that is delivered to an eligible customer through any one time-of-use meter.

    4.  The provisions of this section do not prohibit:

    (a) An eligible customer from having more than one time-of-use meter installed for the same service location; or

    (b) An eligible customer from installing any other meter or equipment that is necessary or appropriate to the transaction with the provider, if such a meter or equipment is otherwise consistent with system reliability.

    Sec. 24.  1.  An electric utility shall provide all transmission, distribution, metering and other components of electric service that are necessary for a provider of new electric resources to sell energy, capacity and ancillary services to an eligible customer pursuant to the provisions of this chapter. An electric utility shall provide each such component of electric service pursuant to the tariffs and service agreements filed with and approved by the appropriate regulatory authorities having jurisdiction over each such component of electric service.

    2.  For each such component of electric service that is within the jurisdiction of the commission, the commission shall establish just, reasonable and nondiscriminatory rates.

    3.  The provisions of this chapter do not enlarge or expand any existing rights under federal law or create any other rights with regard to the transmission system of the electric utility.

    4.  When providing service pursuant to this chapter, an electric utility is subject to all applicable statutes and regulations of this state and the United States.

    Sec. 25.  Not later than 30 days after the end of each calendar quarter, the commission shall submit to the legislative commission a written report which summarizes for that calendar quarter:

    1.  Each application which was filed with the commission pursuant to the provisions of this chapter and which requested approval of a proposed transaction between an eligible customer and a provider of new electric resources;

    2.  The information that the eligible customer included with the application;

    3.  The findings of the commission concerning the effect of the proposed transaction on the public interest; and

    4.  Whether the commission approved the application and, if so, the effective date of the proposed transaction, the terms and conditions of the proposed transaction, and the terms, conditions and payments ordered by the commission.

    Sec. 26.  The commission shall adopt regulations to carry out and enforce the provisions of this chapter.


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ê2001 Statutes of Nevada, Page 3231 (Chapter 604, AB 661)ê

 

    Sec. 26.05.  Title 58 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 26.1 to 26.95, inclusive, of this act.

    Sec. 26.1.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 26.15 to 26.6, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 26.15.  “Calendar quarter” means each period of 3 consecutive calendar months ending on March 31, June 30, September 30 and December 31 in each calendar year.

    Sec. 26.2.  “Commission” means the public utilities commission of Nevada.

    Sec. 26.25.  “Fund” means the fund for energy assistance and conservation created by section 26.8 of this act.

    Sec. 26.3.  “Housing division” means the housing division of the department of business and industry.

    Sec. 26.35.  “Municipal utility” includes, without limitation:

    1.  A utility established pursuant to chapter 709 or 710 of NRS.

    2.  Any other utility that is owned, operated or controlled by a county, city or other local governmental entity.

    Sec. 26.4.  “Person” means:

    1.  A natural person;

    2.  Any form of business or social organization and any other nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization;

    3.  A government or an agency or instrumentality of a government, including, without limitation, this state or an agency or instrumentality of this state; and

    4.  A political subdivision of this state or of any other government or an agency or instrumentality of a political subdivision of this state or of any other government.

    Sec. 26.45.  “Public utility” has the meaning ascribed to it in NRS 704.020 and 704.030.

    Sec. 26.5.  1.  “Retail customer” means an end-use customer that purchases natural gas or electricity for consumption in this state.

    2.  The term includes, without limitation:

    (a) A residential, commercial or industrial end-use customer that purchases natural gas or electricity for consumption in this state, including, without limitation, an eligible customer that purchases electricity for consumption in this state from a provider of new electric resources pursuant to the provisions of sections 3 to 26, inclusive, of this act.

    (b) A landlord of a mobile home park or owner of a company town who is subject to any of the provisions of NRS 704.905 to 704.960, inclusive.

    (c) A landlord who pays for natural gas or electricity that is delivered through a master meter and who distributes or resells the natural gas or electricity to one or more tenants for consumption in this state.

    3.  The term does not include this state, a political subdivision of this state or an agency or instrumentality of this state or political subdivision of this state when it is an end-use customer that purchases natural gas or electricity for consumption in this state, including, without limitation, when it is an eligible customer that purchases electricity for consumption in this state from a provider of new electric resources pursuant to the provisions of sections 3 to 26, inclusive, of this act.


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ê2001 Statutes of Nevada, Page 3232 (Chapter 604, AB 661)ê

 

in this state from a provider of new electric resources pursuant to the provisions of sections 3 to 26, inclusive, of this act.

    Sec. 26.55.  “Universal energy charge” means the charge imposed pursuant to section 26.7 of this act.

    Sec. 26.6.  “Welfare division” means the welfare division of the department of human resources.

    Sec. 26.65.  1.  The provisions of section 26.7 of this act do not apply to any therm of natural gas or any kilowatt-hour of electricity that a retail customer purchases from:

    (a) A rural electric cooperative established pursuant to chapter 81 of NRS.

    (b) A general improvement district established pursuant to chapter 318 of NRS.

    (c) A cooperative association, nonprofit corporation, nonprofit association or provider of service which is declared to be a public utility pursuant to NRS 704.673 and which provides service only to its members.

    2.  If a retail customer is exempted from paying the universal energy charge pursuant to subsection 1, the retail customer may not receive money or other assistance from:

    (a) The welfare division pursuant to section 26.85 of this act for any utility service for which the retail customer is exempted from paying the universal energy charge; or

    (b) The housing division pursuant to section 26.9 of this act.

    Sec. 26.7.  1.  Except as otherwise provided in this section and section 26.65 of this act, each retail customer shall pay:

    (a) A universal energy charge of 3.30 mills on each therm of natural gas that the retail customer purchases from another person for consumption in this state; and

    (b) A universal energy charge of 0.39 mills on each kilowatt-hour of electricity that the retail customer purchases from another person for consumption in this state.

    2.  The provisions of subsection 1 do not apply to:

    (a) Any therm of natural gas used as a source of energy to generate electricity.

    (b) Any kilowatt-hour of electricity used in industries utilizing electrolytic-manufacturing processes.

    3.  If a retail customer uses the distribution services of a public utility or municipal utility to acquire natural gas or electricity that is subject to the universal energy charge, the public utility or municipal utility providing the distribution services shall:

    (a) Collect the universal energy charge from each such retail customer;

    (b) Ensure that the universal energy charge is set forth as a separate item or entry on the bill of each such retail customer; and

    (c) Not later than 30 days after the end of each calendar quarter, remit to the commission the total amount of money collected by the public utility or municipal utility for the universal energy charge for the immediately preceding calendar quarter.

    4.  If a retail customer does not use the distribution services of a public utility or municipal utility to acquire natural gas or electricity that is subject to the universal energy charge, not later than 30 days after the end of each calendar quarter, the retail customer shall remit to the commission the total amount of money owed by the retail customer for the universal energy charge for the immediately preceding calendar quarter.


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ê2001 Statutes of Nevada, Page 3233 (Chapter 604, AB 661)ê

 

the total amount of money owed by the retail customer for the universal energy charge for the immediately preceding calendar quarter.

    5.  If, during a calendar quarter, a single retail customer or multiple retail customers under common ownership and control pay, in the aggregate, a universal energy charge of more than $25,000 for all consumption of natural gas and electricity during the calendar quarter, such retail customers are entitled to a refund, for that calendar quarter, of the amount of the universal energy charge that exceeds $25,000. To receive a refund pursuant to this section, not later than 90 days after the end of the calendar quarter for which the refund is requested, such retail customers must file with the commission a request for a refund. If a request for a refund is filed with the commission:

    (a) The commission shall determine and certify the amount of the refund; and

    (b) The refund must be paid as other claims against the state are paid from money in the fund.

    Sec. 26.75.  1.  The commission shall adopt regulations to carry out and enforce the provisions of section 26.7 of this act. Such regulations may require public utilities, municipal utilities and retail customers that are required to collect or remit money for the universal energy charge to file reports and to provide the commission with information relating to compliance with the requirements of the universal energy charge.

    2.  In carrying out the provisions of section 26.7 of this act, the commission shall solicit advice from the consumer’s advocate of the bureau of consumer protection in the office of the attorney general, public utilities and municipal utilities and other knowledgeable persons.

    3.  The commission may conduct audits and investigations of public utilities, municipal utilities and retail customers that are required to collect or remit money for the universal energy charge, if the commission determines that such audits and investigations are necessary to verify compliance with the requirements of the universal energy charge. In conducting such audits and investigations, the commission may exercise any of the investigative powers granted to the commission pursuant to chapter 703 of NRS, including, without limitation, the power to issue orders to compel the appearance of witnesses and the production of books, accounts, papers and records.

    4.  To carry out its powers and duties pursuant to this chapter, the commission is entitled to an administrative charge of not more than 3 percent of the money collected for the universal energy charge. After deduction of its administrative charge, the commission shall deposit the remaining money collected for the universal energy charge in the state treasury for credit to the fund.

    5.  The commission may bring an appropriate action in its own name for recovery of any money that a person fails to pay, collect or remit in violation of the requirements of the universal energy charge.

    Sec. 26.8.  1.  There is hereby created as a special revenue fund in the state treasury the fund for energy assistance and conservation. The welfare division shall administer the fund.

    2.  In addition to the money that must be credited to the fund from the universal energy charge, all money received from private or public sources to carry out the purposes of this chapter must be deposited in the state treasury for credit to the fund.


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    3.  The welfare division shall, to the extent practicable, ensure that the money in the fund is administered in a manner which is coordinated with all other sources of money that are available for energy assistance and conservation, including, without limitation, money contributed from private sources, money obtained from the Federal Government and money obtained from any agency or instrumentality of this state or political subdivision of this state.

    4.  The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. All claims against the fund must be paid as other claims against the state are paid.

    5.  After deduction of any refunds paid from the fund pursuant to section 26.7 of this act, the money in the fund must be distributed pursuant to sections 26.85 and 26.9 of this act.

    Sec. 26.85.  1.  Seventy-five percent of the money in the fund must be distributed to the welfare division for programs to assist eligible households in paying for natural gas and electricity. The welfare division may use not more than 3 percent of the money distributed to it pursuant to this section for its administrative expenses.

    2.  Except as otherwise provided in section 26.65 of this act, after deduction for its administrative expenses, the welfare division may use the money distributed to it pursuant to this section only to:

    (a) Assist eligible households in paying for natural gas and electricity.

    (b) Carry out activities related to consumer outreach.

    (c) Pay for program design.

    (d) Pay for the annual evaluations conducted pursuant to section 26.95 of this act.

    3.  Except as otherwise provided in subsection 4, to be eligible to receive assistance from the welfare division pursuant to this section, a household must have a household income that is not more than 150 percent of the federally designated level signifying poverty, as determined by the welfare division.

    4.  The welfare division is authorized to render emergency assistance to a household if an emergency related to the cost or availability of natural gas or electricity threatens the health or safety of one or more of the members of the household. Such emergency assistance may be rendered upon the good faith belief that the household is otherwise eligible to receive assistance pursuant to this section.

    5.  Before July 1, 2002, if a household is eligible to receive assistance pursuant to this section, the welfare division shall determine the amount of assistance that the household will receive by using the existing formulas set forth in the state plan for low-income home energy assistance.

    6.  On or after July 1, 2002, if a household is eligible to receive assistance pursuant to this section, the welfare division:

    (a) Shall, to the extent practicable, determine the amount of assistance that the household will receive by determining the amount of assistance that is sufficient to reduce the percentage of the household’s income that is spent on natural gas and electricity to the median percentage of household income spent on natural gas and electricity statewide.

    (b) May adjust the amount of assistance that the household will receive based upon such factors as:

         (1) The income of the household;

         (2) The size of the household;


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         (3) The type of energy that the household uses; and

         (4) Any other factor which, in the determination of the welfare division, may make the household particularly vulnerable to increases in the cost of natural gas or electricity.

    7.  The welfare division shall adopt regulations to carry out and enforce the provisions of this section and section 26.8 of this act.

    8.  In carrying out the provisions of this section, the welfare division shall:

    (a) Solicit advice from the housing division and from other knowledgeable persons;

    (b) Identify and implement appropriate delivery systems to distribute money from the fund and to provide other assistance pursuant to this section;

    (c) Coordinate with other federal, state and local agencies that provide energy assistance or conservation services to low-income persons and, to the extent allowed by federal law and to the extent practicable, use the same simplified application forms as those other agencies;

    (d) Establish a process for evaluating the programs conducted pursuant to this section;

    (e) Develop a process for making changes to such programs; and

    (f) Engage in annual planning and evaluation processes with the housing division as required by section 26.95 of this act.

    Sec. 26.9.  1.  Twenty-five percent of the money in the fund must be distributed to the housing division for programs of energy conservation, weatherization and energy efficiency for eligible households. The housing division may use not more than 6 percent of the money distributed to it pursuant to this section for its administrative expenses.

    2.  Except as otherwise provided in section 26.65 of this act, after deduction for its administrative expenses, the housing division may use the money distributed to it pursuant to this section only to:

    (a) Provide an eligible household with services of basic home energy conservation and home energy efficiency or to assist an eligible household to acquire such services, including, without limitation, services of load management.

    (b) Pay for appropriate improvements associated with energy conservation, weatherization and energy efficiency.

    (c) Carry out activities related to consumer outreach.

    (d) Pay for program design.

    (e) Pay for the annual evaluations conducted pursuant to section 26.95 of this act.

    3.  Except as otherwise provided in subsection 4, to be eligible to receive assistance from the housing division pursuant to this section, a household must have a household income that is not more than 150 percent of the federally designated level signifying poverty, as determined by the housing division.

    4.  The housing division is authorized to render emergency assistance to a household if the health or safety of one or more of the members of the household is threatened because of the structural, mechanical or other failure of:

    (a) The unit of housing in which the household dwells; or

    (b) A component or system of the unit of housing in which the household dwells.Such emergency assistance may be rendered upon the good faith belief that the household is otherwise eligible to receive assistance pursuant to this section.


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Such emergency assistance may be rendered upon the good faith belief that the household is otherwise eligible to receive assistance pursuant to this section.

    5.  The housing division shall adopt regulations to carry out and enforce the provisions of this section.

    6.  In carrying out the provisions of this section, the housing division shall:

    (a) Solicit advice from the welfare division and from other knowledgeable persons;

    (b) Identify and implement appropriate delivery systems to distribute money from the fund and to provide other assistance pursuant to this section;

    (c) Coordinate with other federal, state and local agencies that provide energy assistance or conservation services to low-income persons and, to the extent allowed by federal law and to the extent practicable, use the same simplified application forms as those other agencies;

    (d) Encourage other persons to provide resources and services, including, to the extent practicable, schools and programs that provide training in the building trades and apprenticeship programs;

    (e) Establish a process for evaluating the programs conducted pursuant to this section;

    (f) Develop a process for making changes to such programs; and

    (g) Engage in annual planning and evaluation processes with the welfare division as required by section 26.95 of this act.

    Sec. 26.95.  1.  The welfare division and the housing division jointly shall establish an annual plan to coordinate their activities and programs pursuant to this chapter. In preparing the annual plan, the divisions shall solicit advice from knowledgeable persons. The annual plan must include, without limitation, a description of:

    (a) The resources and services being used by each program and the efforts that will be undertaken to increase or improve those resources and services;

    (b) The efforts that will be undertaken to improve administrative efficiency;

    (c) The efforts that will be undertaken to coordinate with other federal, state and local agencies, nonprofit organizations and any private business or trade organizations that provide energy assistance or conservation services to low-income persons;

    (d) The measures concerning program design that will be undertaken to improve program effectiveness; and

    (e) The efforts that will be taken to address issues identified during the most recently completed annual evaluation conducted pursuant to subsection 2.

    2.  The welfare division and the housing division jointly shall:

    (a) Conduct an annual evaluation of the programs that each division carries out pursuant to sections 26.85 and 26.9 of this act;

    (b) Solicit advice from the commission as part of the annual evaluation; and

    (c) Prepare a report concerning the annual evaluation and submit the report to the governor, the legislative commission and the interim finance committee.


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    3.  The report prepared pursuant to subsection 2 must include, without limitation:

    (a) A description of the objectives of each program;

    (b) An analysis of the effectiveness and efficiency of each program in meeting the objectives of the program;

    (c) The amount of money distributed from the fund for each program and a detailed description of the use of that money for each program;

    (d) An analysis of the coordination between the divisions concerning each program; and

    (e) Any changes planned for each program.

    Sec. 27.  Chapter 703 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  In any contested case pending before the commission, the regulatory operations staff of the commission may, without filing a petition for leave to intervene:

    (a) Appear and participate in the contested case as an independent party; and

    (b) Be represented by legal counsel in the contested case.

    2.  A commissioner may not discuss with a member of the regulatory operations staff of the commission any substantive issues of fact or law concerning a contested case pending before the commission except upon notice to all parties to the contested case and an opportunity for all such parties to participate.

    3.  As used in this section, “contested case” has the meaning ascribed to it in NRS 233B.032.

    Sec. 28.  NRS 703.030 is hereby amended to read as follows:

    703.030  1.  The commission consists of [three] five commissioners appointed by the governor . [for terms of] After the initial terms, the term of each commissioner is 4 years.

    2.  The governor shall appoint [as members of the commission persons] :

    (a) One commissioner to represent the general public.

    (b) Four commissioners who have at least 2 years of experience in one or more of the following fields:

    [(a)] (1) Accounting.

    [(b)] (2) Business administration.

    [(c)] (3) Finance or economics.

    [(d)] (4) Administrative law.

    [(e)] (5) Professional engineering.

Not more than two of the commissioners appointed pursuant to this paragraph may be from the same field of experience.

    3.  Not more than [two] three of the commissioners may be [:

    (a) Members] members of the same political party.

    [(b) From the same field of experience.]

    4.  A vacancy on the commission must be filled for the remainder of the unexpired term in the same manner as the original appointment.

    Sec. 29.  NRS 703.110 is hereby amended to read as follows:

    703.110  1.  [The] Except as otherwise provided in subsection 2, a majority of the commissioners [have] has full power to act in all matters within [their jurisdiction.] the jurisdiction of the commission and shall exercise all the powers of the commission.


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    2.  If [two] a majority of the commissioners are disqualified or if there are [two] vacancies within the [commission,] offices of a majority of the commissioners, the remaining commissioners or, if only one commissioner is remaining, the remaining commissioner [or] has full power to act in all matters within the jurisdiction of the commission and shall exercise all the powers of the commission.

    3.  Except as otherwise provided in this chapter, all hearings and meetings conducted by the commission must be open to the public.

    Sec. 30.  NRS 703.130 is hereby amended to read as follows:

    703.130  1.  The commission shall appoint a deputy commissioner who shall serve in the unclassified service of the state.

    2.  The commission shall appoint a secretary who shall perform such administrative and other duties as are prescribed by the commission. The commission shall also appoint an assistant secretary.

    3.  The commission may employ such other clerks, experts or engineers as may be necessary.

    4.  Except as otherwise provided in subsection 5, the commission:

    (a) May appoint one or more hearing officers for a period specified by the commission to conduct proceedings or hearings that may be conducted by the commission pursuant to chapters 704, 704A, 705, 708 and 711 of NRS [.] and sections 3 to 26, inclusive, and sections 26.7 and 26.75 of this act.

    (b) Shall prescribe by regulation the procedure for appealing a decision of a hearing officer to the commission.

    5.  The commission shall not appoint a hearing officer to conduct proceedings or hearings :

    (a) In any matter pending before the commission pursuant to sections 8 to 18, inclusive, of [this act.] Assembly Bill No. 369 of this session; or

    (b) In any matter pending before the commission pursuant to NRS 704.070 to 704.110, inclusive, and sections 41 to 46, inclusive, of this act in which an electric utility has filed a general rate application or an application to clear its deferred accounts.

    6.  As used in this section, “electric utility” has the meaning ascribed to it in section 19 of Assembly Bill No. 369 of this session.

    Sec. 30.5.  NRS 703.147 is hereby amended to read as follows:

    703.147  1.  The public utilities commission regulatory fund is hereby created as a special revenue fund. Except as otherwise provided in section 12 of Senate Bill No. 372 of this [act,] session and section 26.75 of this act, all money collected by the commission pursuant to law must be deposited in the state treasury for credit to the fund. Money collected for the use of the consumer’s advocate of the bureau of consumer protection in the office of the attorney general must be transferred pursuant to the provisions of subsection 8 of NRS 704.035.

    2.  Money in the fund which belongs to the commission may be used only to defray the costs of:

    (a) Maintaining staff and equipment to regulate adequately public utilities and other persons subject to the jurisdiction of the commission.

    (b) Participating in all rate cases involving those persons.

    (c) Audits, inspections, investigations, publication of notices, reports and retaining consultants connected with that regulation and participation.

    (d) The salaries, travel expenses and subsistence allowances of the members of the commission.


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    3.  All claims against the fund must be paid as other claims against the state are paid.

    4.  The commission must furnish upon request a statement showing the balance remaining in the fund as of the close of the preceding fiscal year.

    Sec. 31.  NRS 703.164 is hereby amended to read as follows:

    703.164  1.  The commission may employ, or retain on a contract basis, legal counsel who shall:

    (a) Except as otherwise provided in subsection 2, be counsel and attorney for the commission in all actions, proceedings and hearings.

    (b) Prosecute in the name of the [public utilities commission of Nevada] commission all civil actions for the enforcement of chapters 704, 704A, 705 and 708 of NRS and sections 3 to 26, inclusive, and sections 26.7 and 26.75 of this act and for the recovery of any penalty or forfeiture provided for therein.

    (c) Generally aid the commission in the performance of its duties and the enforcement of chapters 704, 704A, 705 and 708 of NRS [.] and sections 3 to 26, inclusive, and sections 26.7 and 26.75 of this act.

    2.  Each district attorney shall:

    (a) Prosecute any violation of chapter 704, 704A, 705, 708 or 711 of NRS for which a criminal penalty is provided and which occurs in his county.

    (b) Aid in any investigation, prosecution, hearing or trial held under the provisions of chapter 704, 704A, 705, 708 or 711 of NRS and, at the request of the commission or its legal counsel, act as counsel and attorney for the commission.

    3.  The attorney general shall, if the district attorney fails or refuses to do so, prosecute all violations of the laws of this state by public utilities under the jurisdiction of the commission and their officers, agents and employees.

    4.  The attorney general is not precluded from appearing in or moving to intervene in any action and representing the interest of the State of Nevada in any action in which the commission is a party and is represented by independent counsel.

    Sec. 32.  NRS 703.196 is hereby amended to read as follows:

    703.196  1.  Any books, accounts, records, minutes, papers and property of any public utility that are subject to examination pursuant to NRS 703.190 or 703.195 and are made available to the commission, any officer or employee of the commission, the bureau of consumer protection in the office of the attorney general or any other person under the condition that the disclosure of such information to the public be withheld or otherwise limited, must not be disclosed to the public unless the commission first determines that the disclosure is justified.

    2.  The commission shall take such actions as are necessary to protect the confidentiality of such information, including, without limitation:

    (a) Granting such protective orders as it deems necessary; and

    (b) Holding closed hearings to receive or examine such information.

    3.  If the commission closes a hearing to receive or examine such information, it shall:

    (a) Restrict access to the records and transcripts of such hearings without the prior approval of the commission or an order of a court of competent jurisdiction authorizing access to the records or transcripts; and

    (b) Prohibit any participant at such a hearing from disclosing such information without the prior authorization of the commission.


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    4.  A representative of the regulatory operations staff of the commission and the bureau of consumer protection:

    (a) May attend any closed hearing held pursuant to this section; and

    (b) Have access to any records or other information determined to be confidential pursuant to this section.

    5.  The commission shall consider in an open meeting whether the information reviewed or examined in a closed hearing may be disclosed without revealing the confidential subject matter of the information. To the extent the commission determines the information may be disclosed, the information must become a part of the records available to the public. Information which the commission determines may not be disclosed must be kept under seal.

    Sec. 32.5.  NRS 703.197 is hereby amended to read as follows:

    703.197  1.  The commission may collect fees for the filing of any official document required by this chapter and chapters 704, 704A, 705 and 708 of NRS and sections 3 to 26, inclusive, of this act or by a regulation of the commission.

    2.  Filing fees may not exceed:

    (a) For applications, $200.

    (b) For petitions seeking affirmative relief, $200.

    (c) For each tariff page which requires public notice and is not attached to an application, $10. If more than one page is filed at one time, the total fee may not exceed the cost of notice and publication.

    (d) For all other documents which require public notice, $10.

    3.  If an application or other document is rejected by the commission because it is inadequate or inappropriate, the filing fee must be returned.

    4.  The commission may not charge any fee for filing [a] :

    (a) A complaint.

    (b) A request for a refund pursuant to section 26.7 of this act.

    Sec. 33.  NRS 703.320 is hereby amended to read as follows:

    703.320  1.  In any matter pending before the commission, if a hearing is required by a specific statute or is otherwise required by the commission, the commission shall give notice of the pendency of the matter to all persons entitled to notice of the hearing. The commission shall by regulation specify:

    (a) The manner of giving notice in each type of proceeding; and

    (b) The persons entitled to notice in each type of proceeding.

    2.  The commission shall not dispense with a hearing [in] :

    (a) In any matter pending before the commission pursuant to sections 8 to 18, inclusive, of [this act.] Assembly Bill No. 369 of this session; or

    (b) Except as otherwise provided in subsection 4 of NRS 704.100, in any matter pending before the commission pursuant to NRS 704.070 to 704.110, inclusive, and sections 41 to 46, inclusive, of this act in which an electric utility has filed a general rate application or an application to clear its deferred accounts.

    3.  In any other matter pending before the commission, the commission may dispense with a hearing and act upon the matter pending unless, within 10 days after the date of the notice of pendency, a person entitled to notice of the hearing files with the commission a request that the hearing be held. If such a request for a hearing is filed, the commission shall give at least 10 days’ notice of the hearing.

    4.  As used in this section, “electric utility” has the meaning ascribed to it in section 19 of Assembly Bill No. 369 of this session.


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    Sec. 34.  NRS 703.330 is hereby amended to read as follows:

    703.330  1.  A complete record must be kept of all hearings before the commission . [, and all] All testimony at such hearings must be taken down by the stenographer appointed by the commission, or, under the direction of any competent person appointed by the commission, must be reported by sound recording equipment in the manner authorized for reporting testimony in district courts. The testimony reported by a stenographer must be transcribed, and the transcript filed with the record in the matter. The commission may by regulation provide for the transcription or safekeeping of sound recordings. Cost of recording and transcribing testimony at any hearing, except those hearings ordered pursuant to NRS 703.310 , must be paid by the applicant. If a complaint is made pursuant to NRS 703.310 by a customer or by a political subdivision of the state or municipal organization, the complainant is not liable for any costs. Otherwise, if there are several applicants or parties to any hearing, the commission may apportion the costs among them in its discretion.

    2.  [Whenever any complaint] If a petition is served upon the commission as provided in NRS 703.373 for the bringing of an action against the commission, before the action is reached for trial, the commission shall file a certified copy of all proceedings and testimony taken with the clerk of the court in which the action is pending.

    3.  A copy of the proceedings and testimony must be furnished to any party, on payment of a reasonable amount, to be fixed by the commission, and the amount must be the same for all parties.

    4.  The provisions of this section do not prohibit the commission from [restricting] :

    (a) Restricting access to the records and transcripts of a hearing pursuant to paragraph (a) of subsection 3 of NRS 703.196.

    (b) Protecting the confidentiality of information pursuant to section 20 or 21 of this act.

    Sec. 35.  NRS 703.374 is hereby amended to read as follows:

    703.374  1.  A court of competent jurisdiction, after hearing, may issue an injunction suspending or staying any final order of the commission if:

    (a) The applicant has filed a motion for a preliminary injunction;

    (b) The applicant has served the motion on the commission and other interested parties within 20 days after the rendition of the order on which the complaint is based;

    (c) The court finds there is a reasonable likelihood that the applicant will prevail on the merits of the matter and will suffer irreparable injury if injunctive relief is not granted; and

    (d) The applicant files a bond or other undertaking to secure the adverse parties in such manner as the court finds sufficient.

    2.  The decision of the commission on each matter considered shall be deemed reasonable and just until set aside by the court . [, and in] In all actions for an injunction or [otherwise] for any other relief, the burden of proof is upon the party attacking or resisting the order of the commission to show by clear and satisfactory evidence that the order is unlawful [,] or unreasonable . [, as the case may be.]

    3.  If an injunction is granted by the court and the order complained of is one which [permanently suspends] :


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ê2001 Statutes of Nevada, Page 3242 (Chapter 604, AB 661)ê

 

    (a) Disapproves a public utility’s proposed changes in a schedule of rates [and charges or a] , or any part thereof , [filed by any public utility] pursuant to NRS 704.070 to 704.110, inclusive, [or which otherwise] and sections 41 to 46, inclusive, of this act; or

    (b) Otherwise prevents the proposed changes in the schedule , or any part thereof , from taking effect,

the public utility complaining may [keep in effect or put] place into effect [, as the case may be, the suspended] the proposed changes in the schedule , or any part thereof , pending final determination by the court having jurisdiction, by filing a bond with the court in such an amount as the court may fix, conditioned upon the refund to persons entitled to the excess amount if the [rate or rates so suspended] proposed changes in the schedule, or any part thereof, are finally determined by the court to be excessive.

    Sec. 36.  NRS 703.377 is hereby amended to read as follows:

    703.377  1.  [No] Any certificate of public convenience and necessity, permit or license issued or transferred in accordance with the [terms] provisions of NRS [704.005] 704.001 to 704.751, inclusive, is [either] not a franchise or irrevocable.

    2.  Upon receipt of a written complaint or on its own motion, the commission may, after investigation and hearing, revoke any certificate, permit or license, [but as to] except that the commission may not revoke the certificate of a public utility [only if] unless the commission has arranged for another public utility to provide the service for which the certificate was granted.

    3.  [The proceedings thereafter are governed by] If the commission revokes any certificate, permit or license, the person who held the certificate, permit or license may seek judicial review pursuant to the provisions of NRS 703.373 to 703.376, inclusive.

    Sec. 37.  Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 38 to 46, inclusive, of this act.

    Sec. 38.  “Biomass” means any organic matter that is available on a renewable basis, including, without limitation:

    1.  Agricultural crops and agricultural wastes and residues;

    2.  Wood and wood wastes and residues;

    3.  Animal wastes;

    4.  Municipal wastes; and

    5.  Aquatic plants.

    Sec. 39.  “Consumer’s advocate” means the consumer’s advocate of the bureau of consumer protection in the office of the attorney general.

    Sec. 40.  “Renewable energy” has the meaning ascribed to it in section 7 of Senate Bill No. 372 of this session.

    Sec. 40.5.  1.  For the purposes of protecting the health of residential customers who receive gas, water or electricity from public utilities, the commission shall adopt or amend regulations that:

    (a) Establish the criteria that will be used to determine when a public utility is required to postpone its termination of utility service to the residence of a residential customer who has failed to pay for such service. Such criteria may be based in part upon the residential customer’s ability to pay.

    (b) Require a public utility to postpone its termination of utility service to the residence of a residential customer who has failed to pay for such service if the residential customer satisfies the criteria established by the commission and termination of the utility service is reasonably likely to threaten the health of an occupant of the residence of the residential customer.


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commission and termination of the utility service is reasonably likely to threaten the health of an occupant of the residence of the residential customer.

    2.  In addition to the regulations adopted pursuant to subsection 1, for the purposes of regulating public utilities that provide gas, water or electricity to landlords who pay for the utility service and who distribute or resell the gas, water or electricity to one or more residential tenants, the commission shall adopt or amend regulations to require a public utility to use its best efforts to post, in a conspicuous location, notice of the intent of the public utility to terminate utility service because the landlord has failed to pay for such service. Such notice must provide sufficient information to allow residential tenants or their occupants to contact the public utility if termination of the utility service is reasonably likely to threaten the health of an occupant of the residence of a residential tenant.

    3.  A public utility shall not terminate utility service for gas, water or electricity without complying with the regulations adopted by the commission pursuant to this section.

    4.  As used in this section:

    (a) “Gas” includes, without limitation, liquefied petroleum gas and natural gas.

    (b) “Landlord” means a landlord who is subject, in whole or in part, to the provisions of chapter 118A or 118B of NRS.

    Sec. 41.  As used in NRS 704.070 to 704.110, inclusive, and sections 41 to 46, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 42, 43 and 44 of this act have the meanings ascribed to them in those sections.

    Sec. 42.  “Application to make changes in any schedule” and “application” include, without limitation:

    1.  A general rate application;

    2.  An application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale; and

    3.  An application to clear deferred accounts.

    Sec. 43.  “Rate” means any individual or joint rate, toll or charge imposed by a public utility for a service performed or product furnished by the public utility.

    Sec. 44.  “Schedule” means any schedule that establishes or otherwise sets the rates for a public utility and any individual or joint rule, regulation, practice, classification or measurement that in any manner affects those rates.

    Sec. 45.  For the purposes of NRS 704.070 to 704.110, inclusive, and sections 41 to 46, inclusive, of this act, a public utility shall be deemed to make changes in a schedule if the public utility implements a new schedule or amends an existing schedule.

    Sec. 46.  1.  The commission shall conduct a consumer session to solicit comments from the public in any matter pending before the commission pursuant to NRS 704.070 to 704.110, inclusive, and sections 41 to 46, inclusive, of this act in which:

    (a) A public utility has filed a general rate application, an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale or an application to clear its deferred accounts; and


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ê2001 Statutes of Nevada, Page 3244 (Chapter 604, AB 661)ê

 

    (b) The changes proposed in the application will result in an increase in annual gross operating revenue, as certified by the applicant, in an amount that will exceed $50,000 or 10 percent of the applicant’s annual gross operating revenue, whichever is less.

    2.  In addition to the case-specific consumer sessions required by subsection 1, the commission shall, during each calendar year, conduct at least one general consumer session in the county with the largest population in this state and at least one general consumer session in the county with the second largest population in this state. At each general consumer session, the commission shall solicit comments from the public on issues concerning public utilities. Not later than 60 days after each general consumer session, the commission shall submit the record from the general consumer session to the legislative commission.

    Sec. 47.  NRS 704.005 is hereby amended to read as follows:

    704.005  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 704.010 to 704.030, inclusive, and sections 38 and 39 of this act have the meanings ascribed to them in those sections.

    Sec. 48.  NRS 704.033 is hereby amended to read as follows:

    704.033  1.  The commission shall levy and collect an annual assessment from all public utilities subject to the jurisdiction of the commission.

    2.  Except as otherwise provided in subsection 3, the annual assessment must be:

    (a) For the use of the commission, not more than 3.50 mills; and

    (b) For the use of the consumer’s advocate , [of the bureau of consumer protection in the office of the attorney general,] not more than 0.75 mills,

on each dollar of gross operating revenue derived from the intrastate operations of such utilities in the State of Nevada, except that the minimum assessment in any 1 year must be $10. The total annual assessment must be not more than 4.25 mills.

    3.  For railroads the total annual assessment must be the amount levied for the use of the commission pursuant to paragraph (a) of subsection 2. The levy for the use of the consumer’s advocate must not be assessed against railroads.

    4.  The gross operating revenue of the utilities must be determined for the preceding calendar year. In the case of:

    (a) Telephone utilities, except as otherwise provided in paragraph (c), the revenue shall be deemed to be all intrastate revenues that are considered by the commission for the purpose of establishing rates.

    (b) Railroads, the revenue shall be deemed to be the revenue received only from freight and passenger intrastate movements.

    (c) All public utilities, the revenue does not include the proceeds of any commodity, energy or service furnished to another public utility for resale.

    Sec. 49.  NRS 704.035 is hereby amended to read as follows:

    704.035  1.  On or before June 1 of each year, the commission shall mail revenue report forms to all public utilities under its jurisdiction, to the address of those utilities on file with the commission. The revenue report form serves as notice of the commission’s intent to assess the utilities, but failure to notify any utility does not invalidate the assessment with respect thereto.


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ê2001 Statutes of Nevada, Page 3245 (Chapter 604, AB 661)ê

 

    2.  Each public utility subject to the provisions of NRS 704.033 shall complete the revenue report referred to in subsection 1, compute the assessment and return the completed revenue report to the commission accompanied by payment of the assessment and any penalty due, pursuant to the provisions of subsection 5.

    3.  The assessment is due on July 1 of each year, but may, at the option of the public utility, be paid quarterly on July 1, October 1, January 1 and April 1.

    4.  The assessment computed by the utility is subject to review and audit by the commission, and the amount of the assessment may be adjusted by the commission as a result of the audit and review.

    5.  Any public utility failing to pay the assessment provided for in NRS 704.033 on or before August 1, or if paying quarterly, on or before August 1, October 1, January 1 or April 1, shall pay, in addition to such assessment, a penalty of 1 percent of the total unpaid balance for each month or portion thereof that the assessment is delinquent, or $10, whichever is greater, but no penalty may exceed $1,000 for each delinquent payment.

    6.  When a public utility sells, transfers or conveys substantially all of its assets or certificate of public convenience and necessity, the commission shall determine, levy and collect the accrued assessment for the current year not later than 30 days after the sale, transfer or conveyance, unless the transferee has assumed liability for the assessment. For purposes of this subsection the jurisdiction of the commission over the selling, transferring or conveying public utility continues until it has paid the assessment.

    7.  The commission may bring an appropriate action in its own name for the collection of any assessment and penalty which is not paid as provided in this section.

    8.  The commission shall, on a quarterly basis, transfer to the account for the consumer’s advocate [of the bureau of consumer protection in the office of the attorney general] that portion of the assessments collected which belongs to the consumer’s advocate.

    Sec. 50.  NRS 704.070 is hereby amended to read as follows:

    704.070  Unless exempt under the provisions of NRS 704.075 , 704.095 or 704.097:

    1.  [Every] Each public utility shall file with the commission, within a time to be fixed by the commission, a copy of all schedules [which] that are currently in force for the public utility. Such schedules must be open to public inspection . [, showing all rates, tolls and charges which it has established and which are in force at the time for any service performed or product furnished in connection therewith by any public utility controlled and operated by it.

    2.  All rules or regulations that in any manner affect the rates charged or to be charged for any service or product must be filed with that schedule.]

    2.  A copy of each schedule that is currently in force for the public utility, or so much of the schedule as the commission deems necessary for inspection by the public, must be:

    (a) Printed in plain type and posted in each office of the public utility where payments are made to the public utility by its customers; and

    (b) Open to inspection by the public and in such form and place as to be readily accessible to and conveniently inspected by the public.


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ê2001 Statutes of Nevada, Page 3246 (Chapter 604, AB 661)ê

 

    Sec. 51.  NRS 704.075 is hereby amended to read as follows:

    704.075  1.  As used in this section, with respect to the sale of natural gas:

    (a) “Generating customer” means a customer who generates electricity by burning natural gas.

    (b) “Industrial customer” means a customer engaged primarily in manufacturing or processing which changes raw or unfinished materials into another form or creates another product.

    (c) “Large commercial customer” means a customer whose requirements equal or exceed [50 thousand] 50,000 cubic feet of natural gas per day on any day and which is an institution, an agency of federal, state or local government, or engaged primarily in renting out offices or other commercial space, in providing lodging or in the sale of other goods or services.

    2.  The commission shall establish standards for the setting, increase or decrease of rates [and charges] for natural gas to generating, industrial and large commercial customers. These standards must authorize increases or decreases on less than 30 days’ notice. Establishing different classes of customers, and charging different rates to customers of the same class, for these customers do not violate this chapter.

    3.  The commission may, for sales to generating, industrial and large commercial customers:

    (a) Exempt the [filing of] rates for natural gas from those provisions of NRS [704.080, 704.090,] 704.070, 704.100 and 704.110 [which it] that the commission determines are not needed to protect the public interest.

    (b) Authorize the establishment of different classes of customer or the charging of different rates for customers of the same class, based on value of the service and on the customer’s ability to change from one fuel to another.

    Sec. 52.  NRS 704.100 is hereby amended to read as follows:

    704.100  Except as otherwise provided in NRS 704.075 or as may otherwise be provided by the commission pursuant to NRS 704.095 [, 704.097 or 704.275:

    1.  No changes may be made] or 704.097:

    1.  A public utility shall not make changes in any schedule, [including schedules of joint rates, or in the rules or regulations affecting any rates or charges, except upon 30 days’ notice to the commission, and all changes must be plainly indicated, or by filing new schedules in lieu thereof 30 days before the time the schedules are to take effect. The commission, upon application of any public utility, may prescribe a shorter time within which a reduction may be made.

    2.  Copies] unless the public utility:

    (a) Files with the commission an application to make the proposed changes and the commission approves the proposed changes pursuant to NRS 704.110; or

    (b) Files the proposed changes with the commission using a letter of advice in accordance with the provisions of subsection 4.

    2.  A public utility shall post copies of all proposed [,] schedules and all new or amended schedules [must be filed and posted in the offices of public utilities as required for original schedules.] in the same offices and in substantially the same form, manner and places as required by NRS 704.070 for the posting of copies of schedules that are currently in force.


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ê2001 Statutes of Nevada, Page 3247 (Chapter 604, AB 661)ê

 

    3.  A public utility may not set forth as justification for a rate increase any items of expense or rate base [which] that previously have been considered and disallowed by the commission, [only if] unless those items are clearly identified in the application and new facts or considerations of policy for each item are advanced in the application to justify a reversal of the [commission’s] prior decision [.

    4.  The commission shall determine whether a hearing must be held when] of the commission.

    4.  Except as otherwise provided in subsection 5, if the proposed change in any schedule [stating a new or revised individual or joint rate, fare or charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge,] does not change any rate or will result in an increase in annual gross operating revenue , as certified by the [applicant of $2,500 or less.] public utility, in an amount that does not exceed $2,500:

    (a) The public utility may file the proposed change with the commission using a letter of advice in lieu of filing an application; and

    (b) The commission shall determine whether it should dispense with a hearing regarding the proposed change.

    5.  If the applicant is a public utility furnishing telephone service and the proposed change in any schedule will result in an increase in annual gross operating revenue, as certified by the applicant, in an amount that does not exceed $50,000 or 10 percent of the applicant’s annual gross operating revenue, whichever is less, the commission shall determine whether it should dispense with a hearing regarding the proposed change.

    6.  In making the determination pursuant to subsection 4 or 5, the commission shall first consider all timely written protests, any presentation that the regulatory operations staff of the commission may desire to present, the application of the public utility and any other matters deemed relevant by the commission.

    Sec. 53.  NRS 704.110 is hereby amended to read as follows:

    704.110  Except as otherwise provided in NRS 704.075 or as may otherwise be provided by the commission pursuant to NRS 704.095 or 704.097:

    1.  [Whenever there is filed] If a public utility files with the commission an application to make changes in any schedule [stating a new or revised individual or joint rate or charge, or any new or revised individual or joint regulation or practice affecting any rate or charge, or any schedule resulting] , including, without limitation, changes that will result in a discontinuance, modification or restriction of service, the commission [may, upon complaint or upon its own motion without complaint, at once, without answer or formal pleading by the interested utility, investigate or, upon reasonable notice, conduct a hearing concerning] shall investigate the propriety of the [rate, charge, classification, regulation, discontinuance, modification, restriction or practice.

    2.  Pending the investigation or hearing and the decision thereon, the commission, upon delivering to the utility affected thereby a statement in writing of its reasons for the suspension, may suspend the operation of the schedule and defer the use of the rate, charge, classification, regulation, discontinuance, modification, restriction or practice. If the rate, charge, classification, regulation, discontinuance, modification, restriction or practice is part of:


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ê2001 Statutes of Nevada, Page 3248 (Chapter 604, AB 661)ê

 

    (a) A filing made pursuant to subsection 7, the suspension must not be effective for more than 90 days beyond the time when the rate, charge, classification, regulation, discontinuance, modification, restriction or practice would otherwise go into effect.

    (b) Any other filing made pursuant to this section, the suspension must not be effective for more than 150 days beyond the time when the rate, charge, classification, regulation, discontinuance, modification, restriction or practice would otherwise go into effect.

    3.  Whenever there is filed] proposed changes to determine whether to approve or disapprove the proposed changes. If an electric utility files such an application and the application is a general rate application or an application to clear its deferred accounts, the consumer’s advocate shall be deemed a party of record.

    2.  Except as otherwise provided in subsection 3, if a public utility files with the commission an application to make changes in any schedule, not later than 180 days after the date on which the application is filed, the commission shall issue a written order approving or disapproving, in whole or in part, the proposed changes.

    3.  If a public utility files with the commission [any schedule stating an increased individual or joint rate or charge for service or equipment,] a general rate application, the public utility shall submit with its application a statement showing the recorded results of revenues, expenses, investments and costs of capital for its most recent 12 months for which data were available when the application was prepared. [During any hearing concerning the increased rates or charges determined by the commission to be necessary,] In determining whether to approve or disapprove any increased rates, the commission shall consider evidence in support of the increased rates [or charges] based upon actual recorded results of operations for the same 12 months, adjusted for increased revenues, any increased investment in facilities, increased expenses for depreciation, certain other operating expenses as approved by the commission and changes in the costs of securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of those 12 months, but [no new rates or charges may be placed] the public utility shall not place into effect any increased rates until the changes have been experienced and certified by the public utility to the commission [.] and the commission has approved the increased rates. The commission shall also consider evidence supporting expenses for depreciation, calculated on an annual basis, applicable to major components of the public utility’s plant placed into service during the recorded test period or the period for certification as set forth in the application. Adjustments to revenues, operating expenses and costs of securities must be calculated on an annual basis. Within 90 days after the [filing with the commission of] date on which the certification required [in] by this subsection [, or before the expiration of any period of suspension ordered pursuant to subsection 2,] is filed with the commission, or within 180 days after the date on which the general rate application is filed with the commission, whichever time is longer, the commission shall make such order in reference to [those rates or charges] the increased rates as is required by this chapter. An electric utility shall file a general rate application pursuant to this subsection at least once every 24 months.


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ê2001 Statutes of Nevada, Page 3249 (Chapter 604, AB 661)ê

 

    4.  [After full investigation or hearing, whether completed before or after the date upon which the rate, charge, classification, regulation, discontinuance, modification, restriction or practice is to go into effect, the commission may make such order in reference to the rate, charge, classification, regulation, discontinuance, modification, restriction or practice as would be proper in a proceeding initiated after the rate, charge, classification, regulation, discontinuance, modification, restriction or practice has become effective.

    5.  Except as otherwise provided in subsection 6, whenever] If a public utility files with the commission an application to make changes in any schedule and the commission does not issue a final written order regarding the proposed changes within the time required by this section, the proposed changes shall be deemed to be approved by the commission.

    5.  If a public utility files with the commission a general rate application [for an increased rate or charge for, or classification, regulation, discontinuance, modification, restriction or practice involving service or equipment has been filed with the commission, a] , the public utility shall not [submit] file with the commission another general rate application until all pending general rate applications [for increases in rates submitted] filed by that public utility have been decided by the commission unless, after application and hearing, the commission determines that a substantial financial emergency would exist if the [other application] public utility is not permitted to [be submitted] file another general rate application sooner. The provisions of this subsection do not prohibit the public utility from filing with the commission, while a general rate application is pending, an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale pursuant to subsection 6 or an application to clear its deferred accounts pursuant to subsection 7, if the public utility is otherwise authorized by those provisions to file such an application.

    6.  A public utility may file an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale once every 30 days. The provisions of this subsection do not apply to an electric utility using deferred accounting pursuant to section 19 of [this act.] Assembly Bill No. 369 of this session.

    7.  Except as otherwise provided in subsection 8 [, whenever] and subsection 4 of NRS 704.100, if an electric utility using deferred accounting pursuant to section 19 of [this act] Assembly Bill No. 369 of this session files an application to clear its deferred accounts and to change one or more of its rates [or charges] based upon changes in the costs for purchased fuel or purchased power, the commission, after a public hearing and by an appropriate order:

    (a) Shall allow the electric utility to clear its deferred accounts by refunding any credit balance or recovering any debit balance over a period not to exceed 3 years, as determined by the commission.

    (b) Shall not allow the electric utility to recover any debit balance, or portion thereof, in an amount that would result in a rate of return during the period of recovery that exceeds the rate of return authorized by the commission in the most recently completed rate proceeding for the electric utility.


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ê2001 Statutes of Nevada, Page 3250 (Chapter 604, AB 661)ê

 

    8.  Before allowing an electric utility to clear its deferred accounts pursuant to subsection 7, the commission shall determine whether the costs for purchased fuel and purchased power that the electric utility recorded in its deferred accounts are recoverable and whether the revenues that the electric utility collected from customers in this state for purchased fuel and purchased power are properly recorded and credited in its deferred accounts. The commission shall not allow the electric utility to recover any costs for purchased fuel and purchased power that were the result of any practice or transaction that was undertaken, managed or performed imprudently by the electric utility.

    9.  [Whenever] If an electric utility files an application to clear its deferred accounts pursuant to subsection 7 while a general rate application is pending, the electric utility shall:

    (a) Submit with its application to clear its deferred accounts information relating to the cost of service and rate design; and

    (b) Supplement its general rate application with the same information, if such information was not submitted with the general rate application.

    10.  A utility facility identified in a 3-year plan submitted pursuant to NRS 704.741 and accepted by the commission for acquisition or construction pursuant to NRS 704.751 and the regulations adopted pursuant thereto shall be deemed to be a prudent investment. The utility may recover all just and reasonable costs of planning and constructing such a facility.

    11.  As used in this section, “electric utility” has the meaning ascribed to it in section 19 of [this act.] Assembly Bill No. 369 of this session.

    Sec. 54.  NRS 704.329 is hereby amended to read as follows:

    704.329  1.  Except as otherwise provided in [this section,] subsection 6, a person shall not merge with, directly acquire, indirectly acquire through a subsidiary or affiliate, or otherwise directly or indirectly obtain control of a public utility doing business in this state or an entity that holds a controlling interest in such a public utility without first submitting to the commission an application for authorization of the proposed [merger, acquisition or other] transaction and obtaining authorization from the commission.

    2.  Any [merger, acquisition or other] transaction that violates the provisions of this section is void and unenforceable and is not valid for any purpose.

    3.  Before authorizing a proposed [merger, acquisition or other] transaction pursuant to this section, the commission shall consider the effect of the proposed [merger, acquisition or other] transaction on the public interest and the customers in this state. The commission shall not authorize the proposed [merger, acquisition or other] transaction unless the commission finds that the proposed [merger, acquisition or other] transaction:

    (a) Will be in the public interest; and

    (b) Complies with the provisions of sections 8 to 18, inclusive, of [this act,] Assembly Bill No. 369 of this session, if the proposed [merger, acquisition or other] transaction is subject to those provisions.

    4.  The commission may base its authorization of the proposed [merger, acquisition or other] transaction upon such terms, conditions or modifications as the commission deems appropriate.

    5.  If the commission does not issue a final order regarding the proposed [merger, acquisition or other] transaction within 180 days after the date on which an application or amended application for authorization of the proposed [merger, acquisition or other] transaction was filed with the commission, and the proposed [merger, acquisition or other] transaction is not subject to the provisions of sections 8 to 18, inclusive, of [this act,] Assembly Bill No.


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ê2001 Statutes of Nevada, Page 3251 (Chapter 604, AB 661)ê

 

proposed [merger, acquisition or other] transaction was filed with the commission, and the proposed [merger, acquisition or other] transaction is not subject to the provisions of sections 8 to 18, inclusive, of [this act,] Assembly Bill No. 369 of this session, the proposed [merger, acquisition or other] transaction shall be deemed to be authorized by the commission.

    6.  The provisions of this section do not apply to [the] :

    (a) The transfer of stock of a public utility doing business in this state or to the transfer of the stock of an entity [holding] that holds a controlling interest in such a public utility, if a transfer of not more than 25 percent of the common stock of such a public utility or entity is proposed.

    (b) Except as otherwise provided in this paragraph, a proposed transaction involving a public utility doing business in this state providing telecommunication services or an entity that holds a controlling interest in such a public utility if, in the most recently completed calendar year, not more than 10 percent of the gross operating revenue of the public utility or the entity that holds a controlling interest in the public utility was derived from intrastate telecommunication services provided to retail customers in this state by the public utility. Such a proposed transaction is not exempted from the provisions of this section if:

         (1) Not later than 30 days after the date on which the person undertaking the proposed transaction submits the notification required by 15 U.S.C. § 18a, the regulatory operations staff of the commission or the consumer’s advocate requests an order from the commission requiring the person to file an application for authorization of the proposed transaction;

         (2) The request alleges in sufficient detail that the proposed transaction may materially affect retail customers of public utilities in this state; and

         (3) The commission issues an order requiring the person to file an application for authorization of the proposed transaction.

    7.  As used in this section:

    (a) “Person” means:

         (1) A natural person;

         (2) Any form of business or social organization and any other nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization;

         (3) A government or an agency or instrumentality of a government, including, without limitation, this state or an agency or instrumentality of this state; and

         (4) A political subdivision of this state or of any other government or an agency or instrumentality of a political subdivision of this state or of any other government.

    (b) “Transaction” means a merger, acquisition or change in control described in subsection 1.

    Sec. 55.  NRS 704.68964 is hereby amended to read as follows:

    704.68964  1.  An electing carrier may, pursuant to this section and in accordance with NRS 704.68976, exercise flexibility in the pricing of:

    (a) Competitive services and discretionary services. The commission shall not specify a maximum rate for any competitive services or discretionary services of the electing carrier. The electing carrier shall, with regard to any competitive or discretionary service that it provides, set the price of that service above the price floor of the service.


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ê2001 Statutes of Nevada, Page 3252 (Chapter 604, AB 661)ê

 

    (b) A package of services, which may include basic network services, competitive services, discretionary services and other essential services.

    2.  Except as otherwise provided in this subsection, an electing carrier may, upon 30-days’ notice to the commission in writing, exercise flexibility in the pricing of its services pursuant to subsection 1 and is exempt, with respect to the pricing of its services, from the provisions of NRS 704.100 and 704.110 and the regulations of the commission relating thereto. The notice must include a description in reasonable detail of:

    (a) The characteristics of the services that will be subject to flexibility in pricing;

    (b) The terms and conditions applicable to the services;

    (c) The nature of any limitations on the duration or geographical availability of the services;

    (d) The price or prices of the services or packages of services; and

    (e) A certificate which provides that the electing carrier has prepared a cost study of the price floor to support the price or prices for each service and that, on and after the date on which the notice is filed with the commission, any affected person may, upon request, inspect and copy the cost study, subject to reasonable terms and conditions of any applicable confidentiality and nondisclosure agreement relating to the services.

The notice requirements of this subsection do not apply to an electing carrier with respect to the pricing of competitive services or for packages comprised exclusively of competitive services.

    3.  The price for a package of services must not be lower than the lesser of:

    (a) The sum of the price floors for each of the services contained in the package; or

    (b) The sum of the prices of the basic network services, as set forth in the tariffs of the electing carrier, and the price floors for each of the other services contained in the package.

    4.  The commission shall not specify a maximum rate for a package of services.

    5.  Each of the services included in a package pursuant to paragraph (b) of subsection 1 must be made available on an individual basis.

    6.  An electing carrier must provide 30-days’ notice to the commission in writing before the electing carrier may implement any amendment or change to an existing service noticed pursuant to subsection 2.

    Sec. 56.  NRS 704.68972 is hereby amended to read as follows:

    704.68972  1.  An electing carrier may introduce new services upon 30-days’ notice to the commission in writing. The notice must include a description in reasonable detail of:

    (a) The characteristics of each new service;

    (b) The terms and conditions applicable to each new service;

    (c) The nature of any limitations on the duration or geographical availability of each new service;

    (d) The price or prices of each new service; and

    (e) A certificate that provides that the electing carrier has prepared a cost study of the price floor to support the price or prices for each new service and that, on and after the date on which the notice is filed with the commission, any affected person may, upon request, inspect and copy the cost study, subject to reasonable terms and conditions of any applicable confidentiality and nondisclosure agreement.


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ê2001 Statutes of Nevada, Page 3253 (Chapter 604, AB 661)ê

 

    2.  Each new service is subject to the conditions set forth in NRS 704.68964.

    3.  Each new service is exempt from the provisions of NRS 704.100 and 704.110 and the regulations of the commission relating thereto.

    4.  Unless otherwise classified by the commission as a competitive service pursuant to its regulations, a new service must be classified as a discretionary service for which the commission shall not specify a maximum rate. The electing carrier shall set the price of the new service above the price floor of the service.

    5.  As used in this section, a “new service” means a telecommunication service:

    (a) That provides a function, feature or capability which is materially different from any service or services previously offered by the carrier; or

    (b) Combines two or more previously provided new services.

    Sec. 57.  NRS 704.743 is hereby amended to read as follows:

    704.743  1.  A utility which supplies electricity in this state may apply to the commission for authority to charge, as part of a program of optional pricing, a higher rate for electricity that is generated from renewable energy.

    2.  The program may provide the customers of the utility with the option of paying a higher rate for electricity to support the increased use by the utility of renewable energy in the generation of electricity.

    3.  As used in this section [:

    (a) “Biomass” has the meaning ascribed to it in section 4 of this act.

    (b) “Renewable energy” means a source of energy that occurs naturally or is regenerated naturally, including, without limitation:

         (1) Wind;

         (2) Solar energy;

         (3) Geothermal energy; and

         (4) Biomass.

The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.] , “renewable energy” has the meaning ascribed to it in section 7 of Senate Bill No. 372 of this session.

    Sec. 58.  NRS 704.767 is hereby amended to read as follows:

    704.767  As used in NRS [704.767] 704.766 to 704.775, inclusive, unless the context otherwise requires, the words and terms defined in NRS 704.768 to 704.772, inclusive, and section 40 of this act have the meanings ascribed to them in those sections.

    Sec. 59.  NRS 704.771 is hereby amended to read as follows:

    704.771  “Net metering system” means a facility or energy system for the [production of electrical energy] generation of electricity that:

    1.  Uses [wind or solar] renewable energy as its primary source of [fuel;] energy to generate electricity;

    2.  Has a generating capacity of not more than 10 kilowatts;

    3.  Is located on the customer-generator’s premises;

    4.  Operates in parallel with the utility’s transmission and distribution facilities; and

    5.  Is intended primarily to offset part or all of the customer-generator’s requirements for electricity.

    Sec. 60.  NRS 704.773 is hereby amended to read as follows:

    704.773  1.  A utility shall offer net metering, as set forth in NRS 704.775, to the customer-generators operating within its service area . [until 100 of those customer-generators have accepted the offer.]


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ê2001 Statutes of Nevada, Page 3254 (Chapter 604, AB 661)ê

 

    2.  A utility:

    (a) Shall offer to make available to each of its customer-generators who has accepted its offer for net metering an energy meter that is capable of registering the flow of electricity in two directions.

    (b) May, at its own expense and with the written consent of the customer-generator, install one or more additional meters to monitor the flow of electricity in each direction.

    (c) Shall not charge a customer-generator any fee or charge that would increase the customer-generator’s minimum monthly charge to an amount greater than that of other customers of the utility in the same rate class as the customer-generator.

    Sec. 61.  NRS 704.775 is hereby amended to read as follows:

    704.775  1.  The billing period for net metering may be either a monthly period or, with the written consent of the customer-generator, an annual period.

    2.  The net energy measurement must be calculated in the following manner:

    (a) The utility shall measure the net electricity produced or consumed during the billing period, in accordance with normal metering practices.

    (b) If the electricity supplied by the utility exceeds the electricity generated by the customer-generator which is fed back to the utility during the billing period, the customer-generator must be billed for the net electricity supplied by the utility.

    (c) If the electricity generated by the customer-generator which is fed back to the utility exceeds the electricity supplied by the utility during the billing period [, neither] :

         (1) Neither the utility nor the customer-generator is entitled to compensation for electricity provided to the other during the billing period [.] ; and

         (2) The excess electricity which is fed back to the utility shall be deemed to be electricity that the utility generated or acquired from a renewable energy system for the purposes of complying with its portfolio standard pursuant to sections 3 to 12, inclusive, of Senate Bill No. 372 of this session.

    Sec. 62.  NRS 228.360 is hereby amended to read as follows:

    228.360  The consumer’s advocate:

    1.  Shall intervene in and represent the public interest in [all] :

    (a) All proceedings conducted pursuant to sections 8 to 18, inclusive, of [this act.] Assembly Bill No. 369 of this session; and

    (b) All proceedings conducted pursuant to NRS 704.070 to 704.110, inclusive, and sections 41 to 46, inclusive, of this act in which an electric utility has filed a general rate application or an application to clear its deferred accounts.

    2.  May, with respect to all public utilities except railroads and cooperative utilities, and except as otherwise provided in NRS 228.380:

    (a) Conduct or contract for studies, surveys, research or expert testimony relating to matters affecting the public interest or the interests of utility customers.

    (b) Examine any books, accounts, minutes, records or other papers or property of any public utility subject to the regulatory authority of the public utilities commission of Nevada in the same manner and to the same extent as authorized by law for members of the public utilities commission of Nevada and its staff.


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ê2001 Statutes of Nevada, Page 3255 (Chapter 604, AB 661)ê

 

authorized by law for members of the public utilities commission of Nevada and its staff.

    (c) Except as otherwise provided in subsection 1, petition for, request, initiate, appear or intervene in any proceeding concerning rates, charges, tariffs, modifications of service or any related matter before the public utilities commission of Nevada or any court, regulatory body, board, commission or agency having jurisdiction over any matter which the consumer’s advocate may bring before or has brought before the public utilities commission of Nevada or in which the public interest or the interests of any particular class of utility customers are involved. The consumer’s advocate may represent the public interest or the interests of any particular class of utility customers in any such proceeding, and he is a real party in interest in the proceeding.

    3.  As used in this section, “electric utility” has the meaning ascribed to it in section 19 of Assembly Bill No. 369 of this session.

    Sec. 63.  NRS 228.390 is hereby amended to read as follows:

    228.390  Except as otherwise provided in NRS 704.110 and sections 8 to 18, inclusive, of [this act:] Assembly Bill No. 369 of this session:

    1.  The consumer’s advocate has sole discretion to represent or refrain from representing the public interest and any class of customers in any proceeding.

    2.  In exercising his discretion, the consumer’s advocate shall consider the importance and extent of the public interest or the customers’ interests involved and whether those interests would be adequately represented without his participation.

    3.  If the consumer’s advocate determines that there would be a conflict between the public interest and any particular class of customers or any inconsistent interests among the classes of customers involved in a particular matter, he may choose to represent one of the interests, to represent no interest, or to represent one interest through his office and another or others through outside counsel engaged on a case basis.

    Sec. 64.  Chapter 349 of NRS is hereby amended by adding thereto the provisions set forth as sections 65 to 68, inclusive, of this act.

    Sec. 65.  “Biomass” means any organic matter that is available on a renewable basis, including, without limitation:

    1.  Agricultural crops and agricultural wastes and residues;

    2.  Wood and wood wastes and residues;

    3.  Animal wastes;

    4.  Municipal wastes; and

    5.  Aquatic plants.

    Sec. 66“Fuel cell” means a device or contrivance that, through the chemical process of combining ions of hydrogen and oxygen, produces electricity and water.

    Sec. 67.  1.  “Renewable energy” means a source of energy that occurs naturally or is regenerated naturally, including, without limitation:

    (a) Biomass;

    (b) Fuel cells;

    (c) Geothermal energy;

    (d) Solar energy;

    (e) Waterpower; and

    (f) Wind.


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

    Sec. 68.  1.  “Renewable energy generation project” means a project involving an electric generating facility or system that uses renewable energy as its primary source of energy to generate electricity.

    2.  The term does not include a project involving an electric generating facility or system that uses nuclear energy, in whole or in part, to generate electricity.

    Sec. 69.  NRS 349.400 is hereby amended to read as follows:

    349.400  As used in NRS 349.400 to 349.670, inclusive, unless the context otherwise requires, the words and terms defined in NRS 349.410 to 349.540, inclusive, and sections 65 to 68, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 70.  NRS 349.430 is hereby amended to read as follows:

    349.430  “Cost of a project” means all or a designated part of the cost of any project, including any incidental cost pertaining to the project. The cost of a project may include, among other costs, the costs of:

    1.  Surveys, audits, preliminary plans, other plans, specifications, estimates and other costs of preparations;

    2.  Appraising, printing, estimating, advice, services of engineers, architects, financial consultants, attorneys, clerical personnel and other agents and employees;

    3.  Publishing, posting, mailing and otherwise giving notice, filing or recording instruments, taking options and fees to banks;

    4.  Establishment of a reserve for contingencies;

    5.  Interest on bonds for any time which does not exceed the estimated period of construction plus 1 year, discounts on bonds, reserves for the payment of the principal of and interest on bonds, replacement expenses and other costs of issuing bonds;

    6.  Amending any resolution or other instrument authorizing the issuance of, or otherwise relating to, bonds for the project; and

    7.  Short-term financing,

and the expense of operation and maintenance of the project.

    Sec. 71.  NRS 349.510 is hereby amended to read as follows:

    349.510  “Project” means:

    1.  Any land, building or other improvement and all real and personal properties necessary in connection therewith, excluding inventories, raw materials and working capital, whether or not in existence, suitable for new construction, improvement, rehabilitation or redevelopment for:

    (a) Industrial uses, including assembling, fabricating, manufacturing, processing or warehousing;

    (b) Research and development relating to commerce or industry, including professional, administrative and scientific offices and laboratories;

    (c) Commercial enterprises;

    (d) Civic and cultural enterprises open to the general public, including theaters, museums and exhibitions, together with buildings and other structures, machinery, equipment, facilities and appurtenances thereto which the director deems useful or desirable in connection with the conduct of any such enterprise;

    (e) An educational institution operated by a nonprofit organization not otherwise directly funded by the state which is accredited by a nationally recognized educational accrediting association;


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    (f) Health and care facilities and supplemental facilities for health and care; [or]

    (g) The purposes of a corporation for public benefit [.] ; or

    (h) A renewable energy generation project.

    2.  Any real or personal property appropriate for addition to a hotel, motel, apartment building, casino or office building to protect it or its occupants from fire.

    3.  The preservation of a historic structure or its restoration for its original or another use, if the plan has been approved by the office of historic preservation of the department of cultural affairs.

    Sec. 72.  NRS 349.560 is hereby amended to read as follows:

    349.560  It is the intent of the legislature to authorize the director to finance, acquire, own, lease, improve and dispose of properties to:

    1.  Promote industry and employment and develop trade by inducing manufacturing, industrial, warehousing and commercial enterprises and organizations for research and development to locate, remain or expand in this state to further prosperity throughout the state and to further the use of the agricultural products and the natural resources of this state.

    2.  Enhance public safety by protecting hotels, motels, apartment buildings, casinos, office buildings and their occupants from fire.

    3.  Promote the public health by enabling the acquisition, development, expansion and maintenance of health and care facilities and supplemental facilities for health and care facilities which will provide services of high quality at reasonable rates to the residents of the community in which the facilities are situated.

    4.  Promote the educational, cultural, economic and general welfare of the public by financing civic and cultural enterprises, certain educational institutions and the preservation or restoration of historic structures.

    5.  Promote the social welfare of the residents of this state by enabling a corporation for public benefit to acquire, develop, expand and maintain facilities that provide services for those residents.

    6.  Promote the generation of electricity in this state.

    Sec. 73.  NRS 349.565 is hereby amended to read as follows:

    349.565  1.  The director may not, under NRS 349.400 to 349.670, inclusive:

    (a) Operate any manufacturing, industrial, warehousing or commercial enterprise or an organization for research and development or any health and care facility to which he provided assistance; or

    (b) Except as otherwise provided in subsection 2, assist any manufacturing, industrial, warehousing or commercial enterprise or an organization for research and development to locate in a county or city which would result in the abandonment or closure of an existing facility of a like nature located within that county or city, unless the existing facility is operated by the contemplated lessee, purchaser or other obligor or an affiliate of such a person and the facility is to be abandoned or closed because of obsolescence, lack of available labor or limitations at the site of the facility.

    2.  The provisions of paragraph (b) of subsection 1 do not apply to:

    (a) Health and care facilities and supplemental facilities for a health and care facility;

    (b) Civic and cultural enterprises open to the general public;

    (c) Enterprises located in a redevelopment area created pursuant to NRS 279.382 to 279.685, inclusive;


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    (d) Enterprises located in an area designated as an empowerment zone pursuant to sections 1391 to 1397, inclusive, of the Internal Revenue Code of 1986, 26 U.S.C. §§ 1391-97, future amendments to those sections and the corresponding provisions of future internal revenue laws;

    (e) Facilities established by a corporation for public benefit; [and]

    (f) Enterprises whose products are substantially sold, used or distributed outside this state [.] ; and

    (g) Renewable energy generation projects.

    Sec. 74.  NRS 349.580 is hereby amended to read as follows:

    349.580  Except as otherwise provided in NRS 349.595 and 349.640, the director shall not finance a project unless, before financing:

    1.  The director finds that:

    (a) The project to be financed has been approved for financing pursuant to the requirements of NRS 244A.669 to 244A.763, inclusive, or 268.512 to 268.568, inclusive; and

    (b) There has been a request by a city or county to have the director issue bonds to finance the project; or

    2.  The director finds and both the board and the governing body of the city or county where the project is to be located approve the findings of the director that:

    (a) The project consists of any land, building or other improvement and all real and personal properties necessary in connection therewith, excluding inventories, raw materials and working capital, whether or not in existence, which is suitable for new construction, improvement, preservation, restoration, rehabilitation or redevelopment:

         (1) For manufacturing, industrial, warehousing, civic, cultural or other commercial enterprises, educational institutions, corporations for public benefit or organizations for research and development;

         (2) For a health and care facility or a supplemental facility for a health and care facility;

         (3) Of real or personal property appropriate for addition to a hotel, motel, apartment building, casino or office building to protect it or its occupants from fire; [or]

         (4) Of a historic structure; or

         (5) For a renewable energy generation project;

    (b) The project will provide a public benefit;

    (c) The contemplated lessee, purchaser or other obligor has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease, purchase contract or financing agreement;

    (d) There are sufficient safeguards to assure that all money provided by the department will be expended solely for the purposes of the project;

    (e) The project would be compatible with existing facilities in the area adjacent to the location of the project;

    (f) The project [is] :

         (1) Is compatible with the plan of the state for economic diversification and development or for the marketing and development of tourism in this state; or

         (2) Promotes the generation of electricity in this state;

    (g) Through the advice of counsel or other reliable source, the project has received all approvals by the local, state and federal governments which may be necessary to proceed with construction, improvement, rehabilitation or redevelopment of the project; and


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ê2001 Statutes of Nevada, Page 3259 (Chapter 604, AB 661)ê

 

be necessary to proceed with construction, improvement, rehabilitation or redevelopment of the project; and

    (h) There has been a request by a city, county, lessee, purchaser, other obligor or other enterprise to have the director issue revenue bonds for industrial development to finance the project.

    Sec. 75.  Chapter 523 of NRS is hereby amended by adding thereto the provisions set forth as sections 76 to 87, inclusive, of this act.

    Sec. 76.  “Biomass” means any organic matter that is available on a renewable basis, including, without limitation:

    1.  Agricultural crops and agricultural wastes and residues;

    2.  Wood and wood wastes and residues;

    3.  Animal wastes;

    4.  Municipal wastes; and

    5.  Aquatic plants.

    Sec. 77.  “Consumer’s advocate” means the consumer’s advocate of the bureau of consumer protection in the office of the attorney general.

    Sec. 78.  “Director” means the director of the office of energy appointed pursuant to section 87 of this act.

    Sec. 79.  “Fuel cell” means a device or contrivance that, through the chemical process of combining ions of hydrogen and oxygen, produces electricity and water.

    Sec. 80.  1.  “Renewable energy” means a source of energy that occurs naturally or is regenerated naturally, including, without limitation:

    (a) Biomass;

    (b) Fuel cells;

    (c) Geothermal energy;

    (d) Solar energy;

    (e) Waterpower; and

    (f) Wind.

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

    Sec. 81.  1.  “Renewable energy generation project” means a project involving an electric generating facility or system that uses renewable energy as its primary source of energy to generate electricity.

    2.  The term does not include a project involving an electric generating facility or system that uses nuclear energy, in whole or in part, to generate electricity.

    Sec. 82.  “Task force” means the task force for renewable energy and energy conservation created by section 84 of this act.

    Sec. 83.  1.  The trust fund for renewable energy and energy conservation is hereby created in the state treasury.

    2.  The task force shall administer the fund. As administrator of the fund, the task force:

    (a) Shall maintain the financial records of the fund;

    (b) Shall invest the money in the fund as the money in other state funds is invested;

    (c) Shall manage any account associated with the fund;

    (d) Shall maintain any instruments that evidence investments made with the money in the fund;

    (e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and


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    (f) May perform any other duties that are necessary to administer the fund.

    3.  The interest and income earned on the money in the fund must, after deducting any applicable charges, be credited to the fund. All claims against the fund must be paid as other claims against the state are paid.

    4.  Not more than 2 percent of the money in the fund may be used to pay the costs of administering the fund.

    5.  The money in the fund remains in the fund and does not revert to the state general fund at the end of any fiscal year.

    6.  All money that is deposited or paid into the fund may only be expended pursuant to an allocation made by the task force. Money expended from the fund must not be used to supplant existing methods of funding that are available to public agencies.

    Sec. 84.  1.  The task force for renewable energy and energy conservation is hereby created. The task force consists of nine members who are appointed as follows:

    (a) Two members appointed by the majority leader of the senate, one of whom represents the interests of the renewable energy industry in this state with respect to biomass and the other of whom represents the interests of the mining industry in this state.

    (b) Two members appointed by the speaker of the assembly, one of whom represents the interests of the renewable energy industry in this state with respect to geothermal energy and the other of whom represents the interests of a nonprofit organization dedicated to the protection of the environment or to the conservation of energy or the efficient use of energy.

    (c) One member appointed by the minority leader of the senate to represent the interests of the renewable energy industry in this state with respect to solar energy.

    (d) One member appointed by the minority leader of the assembly to represent the interests of the public utilities in this state.

    (e) Two members appointed by the governor, one of whom represents the interests of the renewable energy industry in this state with respect to wind and the other of whom represents the interests of the gaming industry in this state.

    (f) One member appointed by the consumer’s advocate to represent the interests of the consumers in this state.

    2.  A member of the task force:

    (a) Must be a citizen of the United States and a resident of this state.

    (b) Must have training, education, experience or knowledge concerning:

         (1) The development or use of renewable energy;

         (2) Financing, planning or constructing renewable energy generation projects;

         (3) Measures which conserve or reduce the demand for energy or which result in more efficient use of energy;

         (4) Weatherization;

         (5) Building and energy codes and standards;

         (6) Grants or incentives concerning energy;

         (7) Public education or community relations; or

         (8) Any other matter within the duties of the task force.

    (c) Must not be an officer or employee of the legislative or judicial department of state government.


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    3.  After the initial terms, the term of each member of the task force is 3 years. A vacancy on the task force must be filled for the remainder of the unexpired term in the same manner as the original appointment. A member may be reappointed to the task force.

    4.  A member of the task force who is an officer or employee of this state or a political subdivision of this state must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the task force and perform any work that is necessary to carry out the duties of the task force in the most timely manner practicable. A state agency or political subdivision of this state shall not require an officer or employee who is a member of the task force to:

    (a) Make up the time he is absent from work to carry out his duties as a member of the task force; or

    (b) Take annual leave or compensatory time for the absence.

    Sec. 85.  1.  The members of the task force shall select a chairman and vice chairman from among their membership. The vice chairman shall perform the duties of the chairman during any absence of the chairman.

    2.  The chairman and vice chairman serve in those positions for terms of 1 year. If a vacancy occurs in the chairmanship or vice chairmanship, the vacancy must be filled for the remainder of the unexpired term in the same manner as the original selection.

    3.  A majority of the members of the task force constitutes a quorum. A majority of the members present during a quorum may exercise all the power and authority conferred on the task force.

    4.  The task force shall meet at least four times annually or more frequently at the discretion of the chairman.

    5.  Except as otherwise provided in this subsection, the members of the task force serve without compensation and are not entitled to the per diem and travel expenses provided for state officers and employees generally. For each day of attendance at a meeting of the task force and while engaged in the business of the task force, a member of the task force who:

    (a) Is an officer or employee of this state or a political subdivision of this state is entitled to receive the per diem and travel expenses provided for state officers and employees generally, paid by his governmental employer.

    (b) Represents the interests of a nonprofit organization is entitled to receive the per diem and travel expenses provided for state officers and employees generally, paid from the trust fund for renewable energy and energy conservation.

    6.  The consumer’s advocate shall provide the task force with administrative and clerical support and with such other assistance as may be necessary for the task force to carry out its duties. Such support and assistance must include, without limitation, making arrangements for facilities, equipment and other services in preparation for and during meetings.

    Sec. 86.  1.  The task force shall:

    (a) Advise the office of energy in the development and periodic review of the comprehensive state energy plan with regard to the use of renewable energy and the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

    (b) Coordinate its activities and programs with the activities and programs of the office of energy, the consumer’s advocate and the public utilities commission of Nevada and other federal, state and local officers and agencies that promote, fund, administer or operate activities and programs related to the use of renewable energy and the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.


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and agencies that promote, fund, administer or operate activities and programs related to the use of renewable energy and the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

    (c) Spend the money in the trust fund for renewable energy and energy conservation to:

         (1) Educate persons and entities concerning renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

         (2) Create incentives for investment in and the use of renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

         (3) Distribute grants and other money to establish programs and projects which incorporate the use of renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

         (4) Conduct feasibility studies, including, without limitation, a feasibility study concerning the establishment of an incentive fund, grants or other programs to enable or assist residential, small commercial and agricultural customers to reduce the cost of purchasing on-site generation systems, net metering systems and distributed generation systems that use renewable energy.

    (d) Take any other actions that the task force deems necessary to carry out its duties, including, without limitation, contracting with consultants, if necessary, for the purposes of program design or to assist the task force in carrying out its duties.

    2.  The task force shall prepare an annual report concerning its activities and programs and submit the report to the legislative commission and the governor on or before January 30 of each year. The annual report must include, without limitation:

    (a) A description of the objectives of each activity and program;

    (b) An analysis of the effectiveness and efficiency of each activity and program in meeting the objectives of the activity or program;

    (c) The amount of money distributed for each activity and program from the trust fund for renewable energy and energy conservation and a detailed description of the use of that money for each activity and program;

    (d) An analysis of the coordination between the task force and other officers and agencies; and

    (e) Any changes planned for each activity and program.

    3.  As used in this section:

    (a) “Distributed generation system” means a facility or system for the generation of electricity that is in close proximity to the place where the electricity is consumed.

    (b) “Net metering system” has the meaning ascribed to it in NRS 704.771.

    Sec. 87.  1.  The office of energy is hereby created within the office of the governor.

    2.  The governor shall appoint the director. The director:

    (a) Is in the unclassified service of the state; and

    (b) Serves at the pleasure of the governor.

    3.  The director may, within the limits of available money, employ:


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ê2001 Statutes of Nevada, Page 3263 (Chapter 604, AB 661)ê

 

    (a) Such persons in the unclassified service of the state as the director determines to be necessary to carry out the duties of the office of energy pursuant to this chapter; and

    (b) Such additional personnel as may be required to carry out the duties of the office of energy pursuant to this chapter, who must be in the classified service of the state.

    4.  A person employed by the director pursuant to this section must be qualified by training and experience to perform the duties for which the director employs him.

    5.  The director and the persons employed by the director shall not have any conflict of interest relating to the performance of their duties pursuant to this chapter.

    6.  The provisions of NRS 223.085 do not apply to the director or to any person employed by the director pursuant to this section.

    Sec. 88.  NRS 523.011 is hereby amended to read as follows:

    523.011  1.  The legislature finds that:

    (a) Energy is essential to the economy of the state and to the health, safety and welfare of the people of the state.

    (b) The state has a responsibility to encourage the maintenance of a reliable and economical supply of energy at a level which is consistent with the protection of environmental quality.

    (c) The state has a responsibility to encourage the utilization of a wide range of measures which reduce wasteful uses of energy resources.

    (d) Planning for energy conservation and future energy requirements should include consideration of state, regional and local plans for land use, urban expansion, transportation systems, environmental protection and economic development.

    (e) Government and private enterprise need to accelerate research and development of [alternative] sources of renewable energy and to improve technology related to the research and development of existing sources of energy.

    (f) While government and private enterprise are seeking to accelerate research and development of [alternative] sources of renewable energy, they must also prepare for and respond to the advent of competition within the electrical energy industry and are, therefore, encouraged to maximize the use of indigenous energy resources to the extent competitively and economically feasible.

    (g) Prevention of delays and interruptions in providing energy, protecting environmental values and conserving energy require expanded authority and capability within state government.

    2.  It is the policy of this state to encourage participation with all levels of government and private enterprise in cooperative state, regional and national programs to assure adequate supplies of energy resources and markets for such energy resources.

    3.  It is the policy of this state to assign the responsibility for managing and conserving energy and its sources to agencies whose other programs are similar, to avoid duplication of effort in developing policies and programs for energy.

    Sec. 89.  NRS 523.021 is hereby amended to read as follows:

    523.021  As used in this chapter, unless the context otherwise requires [:

    1.  “Department” means the department of business and industry.


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    2.  “Director” means the director of the department.] , the words and terms defined in sections 76 to 82, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 90.  NRS 523.051 is hereby amended to read as follows:

    523.051  The director may:

    1.  Administer any gifts or grants which the department is authorized to accept for the purposes of this chapter.

    2.  Expend money received from those gifts or grants or from legislative appropriations to contract with qualified persons or institutions for research in the production and efficient use of energy resources.

    3.  Enter into any cooperative agreement with any federal or state agency or political subdivision.

    4.  Participate in any program established by the Federal Government relating to sources of energy and adopt regulations appropriate to that program.

    5.  Assist developers of renewable energy generation projects in preparing and making requests to obtain money for development through the issuance industrial development revenue bonds pursuant to NRS 349.400 to 349.670, inclusive and sections 65 to 68, inclusive, of this act.

    6.  Adopt any regulations that the director determines are necessary to carry out the duties of the office of energy pursuant to this chapter.

    Sec. 91.  NRS 523.131 is hereby amended to read as follows:

    523.131  The director shall:

    1.  Acquire and analyze information relating to energy and to the supply, demand and conservation of its sources.

    2.  Utilize all available public and private means to provide information to the public about problems relating to energy and to explain how conservation of energy and its sources may be accomplished.

    3.  Review and evaluate information which identifies trends and permits forecasting of the energy available to the state. Such forecasts must include estimates on:

    (a) The level of demand for energy in the state for 5-, 10- and 20-year periods;

    (b) The amount of energy available to meet each level of demand;

    (c) The probable implications of the forecast on the demand and supply of energy; and

    (d) The sources of renewable energy and other alternative sources of energy which are available and their possible effects.

    4.  Study means of reducing wasteful, inefficient, unnecessary or uneconomical uses of energy and encourage the maximum utilization of existing sources of energy in the state.

    5.  Encourage the development of [any existing and alternative] :

    (a) Any sources of renewable energy and any other energy projects which will benefit the state [.] ; and

    (b) Any measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

    6.  In conjunction with the desert research institute, review policies relating to the research and development of the state’s geothermal resources and make recommendations to the appropriate state and federal agencies for establishing methods of developing the geothermal resources within the state.


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    7.  Solicit and serve as the point of contact for grants and other money from the Federal Government and other sources to promote:

    (a) Energy projects that enhance the economic development of the state;

    (b) The use of renewable energy; and

    (c) The use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

    8.  Coordinate the activities and programs of the office of energy with the activities and programs of the task force, the consumer’s advocate and the public utilities commission of Nevada and other federal, state and local officers and agencies that promote, fund, administer or operate activities and programs related to the use of renewable energy and the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

    9.  Carry out all other directives concerning energy that are prescribed by the governor.

    Sec. 92.  NRS 523.141 is hereby amended to read as follows:

    523.141  1.  The director shall prepare a comprehensive state energy [conservation] plan which provides [methods for conserving and improving efficiency in the use of energy resources and establishes procedures for reducing the rate of growth of energy demand and minimizing the adverse social, economic, political and environmental effects of increasing energy resource consumption.

    2.  The plan must be presented to the governor, and upon approval by the governor, may be submitted by him in compliance with any program established by the Federal Government.] for the promotion of:

    (a) Energy projects that enhance the economic development of the state;

    (b) The use of renewable energy; and

    (c) The use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

    2.  The comprehensive state energy plan must include provisions for:

    (a) The assessment of the potential benefits of proposed energy projects on the economic development of the state.

    (b) The education of persons and entities concerning renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

    (c) The creation of incentives for investment in and the use of renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

    (d) Grants and other money to establish programs and conduct activities which promote:

         (1) Energy projects that enhance the economic development of the state;

         (2) The use of renewable energy; and

         (3) The use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

    (e) The development or incorporation by reference of model and uniform building and energy codes and standards which are written in language which is easy to understand and which include performance standards for conservation of energy and efficient use of energy.

    (f) Oversight and accountability with respect to all programs and activities described in this subsection.


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    (g) Any other matter that the task force determines to be relevant to the issues of energy resources, energy use, energy conservation and energy efficiency.

    Sec. 93.  NRS 523.161 is hereby amended to read as follows:

    523.161  1.  [Except for those energy resources for whose priorities of use are established by the public utilities commission of Nevada, the] The director may recommend to state agencies, local governments and appropriate private persons and entities, standards for conservation of energy and its sources and for carrying out the state comprehensive energy plan . [for the conservation of energy.]

    2.  In recommending such standards , the director shall consider the usage of energy and its sources in the state and the methods available for conservation of those sources.

    Sec. 94.  NRS 523.164 is hereby amended to read as follows:

    523.164  1.  The director shall adopt regulations for the conservation of energy in buildings, including manufactured homes, which establish the minimum standards for:

    (a) The construction of floors, walls, ceilings and roofs;

    (b) The equipment and systems for heating, ventilation and air-conditioning;

    (c) Electrical equipment and systems;

    (d) Insulation; and

    (e) Other factors which affect the use of energy in a building.

    2.  The director may exempt a building from a standard if he determines that application of the standard to the building would not accomplish the purpose of the regulations.

    3.  The regulations must authorize allowances in design and construction for [solar, wind or any other renewable source] sources of renewable energy used to supply all or a part of the energy required in a building.

    4.  The standards adopted by the director are the minimum standards for the conservation of energy which apply only to areas in which the governing body of the local government has not adopted standards for the conservation of energy in buildings. Such governing bodies shall assist the director in the enforcement of the regulations adopted pursuant to this section.

    5.  The director shall solicit comments regarding the adoption of regulations pursuant to this section from:

    (a) Persons in the business of constructing and selling homes;

    (b) Contractors;

    (c) Public utilities;

    (d) Local building inspectors; and

    (e) The general public,

before adopting any regulations. The director must conduct at least three hearings in different locations in the state, after giving 30 days’ notice of each hearing, before he may adopt any regulations pursuant to this section.

    Sec. 95.  NRS 651.040 is hereby amended to read as follows:

    651.040  1.  As used in this section, unless the context otherwise requires:

    (a) “Establishment” means any hotel, motel, inn or motor court.

    (b) “Owner” or “keeper” means any person, firm, association or corporation.

    (c) “Rates” means the total charge levied at the establishment for rooms or accommodations.


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ê2001 Statutes of Nevada, Page 3267 (Chapter 604, AB 661)ê

 

    2.  The rates listed on the printed statement required to be maintained by an owner or keeper of an establishment pursuant to NRS 651.030 must include [the] :

    (a) The daily rate of the room for occupancy by one person [,] and for occupancy by two persons [, the] ;

    (b) The additional charge, if any, for occupancy by each additional person over two persons [and the] ;

    (c) The additional charge, if any, for each additional bed provided in the room [.] ; and

    (d) The additional charge, if any, to offset energy costs incurred by the establishment.

    3.  Every establishment shall maintain a registration card for each room and supply the person or persons registering for accommodations a receipt. Both the registration card and the receipt must reflect the type of accommodations supplied, the number of persons occupying the accommodation and the rate charged each person therefor. An establishment shall not charge more than the rates listed on the printed statement required to be maintained by an owner or keeper of an establishment pursuant to NRS 651.030

    [3.] 4.  For any violation of this section, or any provision herein contained, the offender shall forfeit to the injured party 3 times the amount of the sum charged in excess of what he is entitled to charge.

    [4.] 5.  Any owner or keeper of any establishment who violates any of the provisions of this section is guilty of a misdemeanor.

    Sec. 96.  Section 1 of Assembly Bill No. 197 of this session is hereby amended to read as follows:

    Section 1.  Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  On and after October 1, 2001, each electric utility shall disclose to its retail customers information about electric services, and any products and services relating thereto, that are being provided to or purchased for those retail customers by the electric utility. The disclosure must:

    (a) Be in a standard, uniform format established by the commission by regulation;

    (b) Be included:

         (1) At least two times each calendar year, as an insert in the bills that the electric utility sends to its retail customers; and

         (2) If the electric utility maintains a website on the Internet or any successor to the Internet, on that website; and

    (c) Include adequate information so that a retail customer can readily evaluate his options for obtaining electric services or any products or services relating thereto.

    2.  A disclosure required by this section must include, if applicable:

    (a) The average mix of energy sources used to generate the electricity sold by the electric utility to the retail customer. An electric utility may, if available, use a regional average that has been determined by the commission for that portion of electricity sold by the electric utility to the retail customer for which the specific mix of energy sources cannot be discerned.


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ê2001 Statutes of Nevada, Page 3268 (Chapter 604, AB 661)ê

 

    (b) The average emissions, measured in pounds per megawatt-hour, of:

         (1) Any high-level radioactive waste, sulfur dioxide, carbon dioxide, oxides of nitrogen and heavy metals released in this state from the generation of the electricity sold by the electric utility to the retail customer; and

         (2) Any other substances released in this state from the generation of the electricity sold by the electric utility to the retail customer which the commission, in cooperation with the division of environmental protection of the state department of conservation and natural resources, determines may cause a significant health or environmental impact and for which sufficiently accurate and reliable data is available.

If an electric utility uses a regional average for the mix of energy sources pursuant to paragraph (a), the electric utility shall, if available, use for the average emissions pursuant to this paragraph a regional calculation that has been determined by the commission.

    (c) Information concerning customer service.

    (d) Information concerning any energy programs that provide assistance to retail customers with low incomes, including, without limitation, information on the procedures to apply for such programs.

    3.  An electric utility:

    (a) Shall make the disclosures required pursuant to this section in accordance with the requirements adopted by the commission as to form and substance; and

    (b) Shall ensure that it provides the information in compliance with all applicable state and federal law governing unfair advertising and labeling.

    4.  The commission shall adopt such regulations concerning form and substance for the disclosures required by this section as are necessary to ensure that retail customers are provided with sufficient information so that they can readily evaluate their options for obtaining electric services and any products and services relating thereto.

    5.  The provisions of this section do not require an electric utility to disclose to its retail customers any information about electric services, and any products and services relating thereto, that are subject to the provisions of sections 3 to 26, inclusive, of Assembly Bill No. 661 of this session.

    6.  As used in this section:

    (a) “Electric utility” has the meaning ascribed to it in section 19 of Assembly Bill No. 369 of this session.

    (b) “Energy source” includes, without limitation:

         (1) Coal, natural gas, oil, propane and any other fossil fuel;

         (2) Geothermal energy, solar energy, hydroelectric energy, nuclear energy, wind, biofuel and biomass; and

         (3) Any other specific energy source that is used to generate the electricity provided to the retail customer.


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ê2001 Statutes of Nevada, Page 3269 (Chapter 604, AB 661)ê

 

    Sec. 97.  Assembly Bill No. 369 of this session is hereby amended by adding thereto a new section designated sec. 15.5, following sec. 15, to read as follows:

    Sec. 15.5.  The provisions of sections 8 to 18, inclusive, of this act do not prohibit an electric utility from pledging, mortgaging, granting a security interest in or otherwise encumbering any of its generation assets or other property for the purpose of securing indebtedness of the electric utility which exists on the effective date of this act or which is issued or incurred by the electric utility after the effective date of this act in financing transactions approved by the commission.

    Sec. 98.  Section 35 of Assembly Bill No. 369 of this session is hereby amended to read as follows:

    Sec. 35.  Except as otherwise provided in section 36 of this act and notwithstanding the provisions of any other specific statute to the contrary:

    1.  An electric utility shall not file an application for a fuel and purchased power rider on or after the effective date of this act.

    2.  Each application for a fuel and purchased power rider filed by an electric utility which is pending with the commission on the effective date of this act and which the electric utility did not place into effect before or on April 1, 2001, is void and unenforceable and is not valid for any purpose after April 1, 2001.

    3.  If, before March 1, 2001, an electric utility incurred any costs for fuel or purchased power, including, without limitation, any costs for fuel or purchased power recorded or carried on the books and records of the electric utility, and those costs were not recovered or could not be recovered pursuant to a fuel and purchased power rider placed into effect by the electric utility before March 1, 2001, the electric utility is not entitled, on or after March 1, 2001, to recover any of those costs for fuel or purchased power from customers, and the commission shall not allow the electric utility to recover any of those costs for fuel or purchased power from customers.

    4.  Except as otherwise provided in this section, on and after the effective date of this act:

    (a) The commission shall not take any further action on the comprehensive energy plan, and each electric utility that jointly filed the comprehensive energy plan shall be deemed to have withdrawn the comprehensive energy plan;

    (b) The rates that each electric utility placed into effect on March 1, 2001, pursuant to the comprehensive energy plan shall be deemed to be a component of the electric utility’s rates for fuel and purchased power; and

    (c) The revenues [collected] for services provided by each electric utility [before April] for the period of March 1, 2001, to March 31, 2001, inclusive, from the rates that each electric utility placed into effect on March 1, 2001, pursuant to the comprehensive energy plan shall be deemed to be a credit in the electric utility’s deferred accounts.

    5.  On or before October 1, 2001, each electric utility that primarily serves densely populated counties shall file a general rate application pursuant to subsection 3 of NRS 704.110, as amended by this act [.] and Assembly Bill No. 661 of this session. On or before December 1, 2001, each electric utility that primarily serves densely populated counties shall file an application to clear its deferred accounts pursuant to subsection 7 of NRS 704.110, as amended by this act [.] and Assembly Bill No.


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ê2001 Statutes of Nevada, Page 3270 (Chapter 604, AB 661)ê

 

shall file an application to clear its deferred accounts pursuant to subsection 7 of NRS 704.110, as amended by this act [.] and Assembly Bill No. 661 of this session. After such an electric utility files the application to clear its deferred accounts, the commission shall investigate and determine whether the rates that the electric utility placed into effect on March 1, 2001, pursuant to the comprehensive energy plan are just and reasonable and reflect prudent business practices. On the date on which the commission issues a final order on the general rate application, the commission shall issue a final order on the electric utility’s application to clear its deferred accounts. The total rates to provide electric service that were in effect on April 1, 2001, for the electric utility must remain in effect until the date on which the commission issues a final order on the general rate application. The commission shall not adjust the rates of the electric utility during this period unless such an adjustment is absolutely necessary to avoid rates that are confiscatory under the Constitution of the United States or the constitution of this state. The commission:

    (a) May make such an adjustment only to the extent that it is absolutely necessary to avoid an unconstitutional result; and

    (b) Shall not, in any proceedings concerning such an adjustment, approve any rate or grant any relief that is not absolutely necessary to avoid an unconstitutional result.

After the electric utility files the general rate application that is required by this subsection, the electric utility shall file general rate applications in accordance with subsection 3 of NRS 704.110, as amended by this act [.] and Assembly Bill No. 661 of this session. After the electric utility files the application to clear its deferred accounts that is required by this subsection, the electric utility shall file applications to clear its deferred accounts in accordance with section 19 of this act and subsection 7 of NRS 704.110, as amended by this act [.] and Assembly Bill No. 661 of this session.

    6.  On or before December 1, 2001, each electric utility that primarily serves less densely populated counties shall file a general rate application pursuant to subsection 3 of NRS 704.110, as amended by this act [.] and Assembly Bill No. 661 of this session. On or before February 1, 2002, each electric utility that primarily serves less densely populated counties shall file an application to clear its deferred accounts pursuant to subsection 7 of NRS 704.110, as amended by this act [.] and Assembly Bill No. 661 of this session. After such an electric utility files the application to clear its deferred accounts, the commission shall investigate and determine whether the rates that the electric utility placed into effect on March 1, 2001, pursuant to the comprehensive energy plan are just and reasonable and reflect prudent business practices. On the date on which the commission issues a final order on the general rate application, the commission shall issue a final order on the electric utility’s application to clear its deferred accounts. The total rates to provide electric service that were in effect on April 1, 2001, for the electric utility must remain in effect until the date on which the commission issues a final order on the general rate application. The commission shall not adjust the rates of the electric utility during this period unless such an adjustment is absolutely necessary to avoid rates that are confiscatory under the Constitution of the United States or the constitution of this state.


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ê2001 Statutes of Nevada, Page 3271 (Chapter 604, AB 661)ê

 

that are confiscatory under the Constitution of the United States or the constitution of this state. The commission:

    (a) May make such an adjustment only to the extent that it is absolutely necessary to avoid an unconstitutional result; and

    (b) Shall not, in any proceedings concerning such an adjustment, approve any rate or grant any relief that is not absolutely necessary to avoid an unconstitutional result.

After the electric utility files the general rate application that is required by this subsection, the electric utility shall file general rate applications in accordance with subsection 3 of NRS 704.110, as amended by this act [.] and Assembly Bill No. 661 of this session. After the electric utility files the application to clear its deferred accounts that is required by this subsection, the electric utility shall file applications to clear its deferred accounts in accordance with section 19 of this act and subsection 7 of NRS 704.110, as amended by this act [.] and Assembly Bill No. 661 of this session.

    Sec. 99.  Section 36 of Assembly Bill No. 369 of this session is hereby amended to read as follows:

    Sec. 36.  Notwithstanding the provisions of any other specific statute to the contrary:

    1.  If, on or after January 1, 1999, and before the effective date of this act, an electric utility holding company entered into any transaction to acquire a controlling interest in a public utility that provides electric service primarily to customers located outside of this state, the electric utility holding company shall not carry out the transaction unless, on or after the effective date of this act:

    (a) The electric utility holding company files with the commission an application for authorization of the transaction; and

    (b) The commission issues a written order that authorizes the transaction. The commission shall not authorize the transaction unless the commission finds that the transaction will be in the public interest. The commission may base its authorization of the transaction upon such terms, conditions or modifications as the commission deems appropriate.

    2.  If the commission authorizes a transaction described in subsection 1 and, before July 1, 2003, the electric utility holding company acquires a controlling interest in such a public utility, or any affiliate thereof, pursuant to the transaction:

    (a) Each electric utility in which the electric utility holding company holds a controlling interest shall not use deferred accounting pursuant to section 19 of this act on or after the date on which the electric utility holding company acquires a controlling interest in the public utility, or any affiliate thereof;

    (b) Not later than 90 days after that date, each such electric utility shall file one final application to clear the remaining balance in its deferred accounts pursuant to subsection 7 of NRS 704.110, as amended by this act [;] and Assembly Bill No. 661 of this session;

    (c) For each such electric utility, the commission shall not carry out the provisions of section 35 of this act concerning deferred accounting and deferred accounts; and


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ê2001 Statutes of Nevada, Page 3272 (Chapter 604, AB 661)ê

 

    (d) The commission shall carry out the remaining provisions of section 35 of this act, including, without limitation, the commission’s investigation and determination whether the rates that each electric utility placed into effect on March 1, 2001, pursuant to the comprehensive energy plan are just and reasonable and reflect prudent business practices.

    3.  Any transaction that violates the provisions of this section is void and unenforceable and is not valid for any purpose.

    Sec. 100.  Section 1 of Senate Bill No. 210 of this session is hereby amended to read as follows:

    Section 1.  NRS 704.033 is hereby amended to read as follows:

    704.033  1.  [The] Except as otherwise provided in subsection 6, the commission shall levy and collect an annual assessment from all public utilities , providers of discretionary natural gas service and alternative sellers subject to the jurisdiction of the commission.

    2.  Except as otherwise provided in [subsection 3,] subsections 3 and 4, the annual assessment must be:

    (a) For the use of the commission, not more than 3.50 mills; and

    (b) For the use of the consumer’s advocate, not more than 0.75 mills,

on each dollar of gross operating revenue derived from the intrastate operations of such utilities , providers of discretionary natural gas service and alternative sellers in the State of Nevada . [, except that the minimum assessment in any 1 year must be $10.] The total annual assessment must be not more than 4.25 mills.

    3.  [For railroads the total annual assessment must be the amount levied for the use of the commission pursuant to paragraph (a) of subsection 2.] The levy for the use of the consumer’s advocate must not be assessed against railroads.

    4.  The minimum assessment in any 1 year must be $100.

    5.  The gross operating revenue of the utilities must be determined for the preceding calendar year. In the case of:

    (a) Telephone utilities, except as otherwise provided in paragraph (c), the revenue shall be deemed to be all intrastate revenues . [that are considered by the commission for the purpose of establishing rates.]

    (b) Railroads, the revenue shall be deemed to be the revenue received only from freight and passenger intrastate movements.

    (c) All public utilities, providers of discretionary natural gas service and alternative sellers, the revenue does not include the proceeds of any commodity, energy or service furnished to another public utility , provider of discretionary natural gas service or alternative seller for resale.

    6.  Providers of commercial mobile radio service are not subject to the annual assessment and, in lieu thereof, shall pay to the commission an annual licensing fee of $200.

    Sec. 101.  Section 2 of Senate Bill No. 210 of this session is hereby amended to read as follows:

    Sec. 2.  NRS 704.035 is hereby amended to read as follows:

    704.035  1.  On or before June 1 of each year, the commission shall mail revenue report forms to all public utilities , providers of discretionary natural gas service and alternative sellers under its jurisdiction, to the address of those utilities , providers of discretionary natural gas service and alternative sellers on file with the commission.


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ê2001 Statutes of Nevada, Page 3273 (Chapter 604, AB 661)ê

 

natural gas service and alternative sellers on file with the commission. The revenue report form serves as notice of the commission’s intent to assess [the utilities,] such entities, but failure to notify any [utility] such entity does not invalidate the assessment with respect thereto.

  2.  Each public utility , provider of discretionary natural gas service and alternative seller subject to the provisions of NRS 704.033 shall complete the revenue report referred to in subsection 1, compute the assessment and return the completed revenue report to the commission accompanied by payment of the assessment and any penalty due, pursuant to the provisions of subsection 5.

  3.  The assessment is due on July 1 of each year, but may, at the option of the public utility, provider of discretionary natural gas service or alternative seller be paid quarterly on July 1, October 1, January 1 and April 1.

  4.  The assessment computed by the utility , provider of discretionary natural gas service or alternative seller is subject to review and audit by the commission, and the amount of the assessment may be adjusted by the commission as a result of the audit and review.

  5.  Any public utility , provider of discretionary natural gas service or alternative seller failing to pay the assessment provided for in NRS 704.033 on or before August 1, or if paying quarterly, on or before August 1, October 1, January 1 or April 1, shall pay, in addition to such assessment, a penalty of 1 percent of the total unpaid balance for each month or portion thereof that the assessment is delinquent, or $10, whichever is greater, but no penalty may exceed $1,000 for each delinquent payment.

  6.  When a public utility , provider of discretionary natural gas service or alternative seller sells, transfers or conveys substantially all of its assets or , if applicable, its certificate of public convenience and necessity, the commission shall determine, levy and collect the accrued assessment for the current year not later than 30 days after the sale, transfer or conveyance, unless the transferee has assumed liability for the assessment. For purposes of this subsection , the jurisdiction of the commission over the selling, transferring or conveying public utility , provider of discretionary natural gas service or alternative seller continues until it has paid the assessment.

  7.  The commission may bring an appropriate action in its own name for the collection of any assessment and penalty which is not paid as provided in this section.

  8.  The commission shall, on a quarterly basis, transfer to the account for the consumer’s advocate that portion of the assessments collected which belongs to the consumer’s advocate.

    Sec. 102.  Section 6 of Senate Bill No. 372 of this session is hereby amended to read as follows:

    Sec. 6.  1.  “Provider of electric service” and “provider” mean any person or entity that is in the business of selling electricity to retail customers for consumption in this state, regardless of whether the person or entity is otherwise subject to regulation by the commission.

    2.  The term includes, without limitation, a provider of new electric resources that is selling electricity to an eligible customer for consumption in this state pursuant to the provisions of sections 3 to 26, inclusive, of Assembly Bill No. 661 of this session.


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ê2001 Statutes of Nevada, Page 3274 (Chapter 604, AB 661)ê

 

  3.  The term does not include:

  (a) This state or an agency or instrumentality of this state.

  (b) A rural electric cooperative established pursuant to chapter 81 of NRS.

  (c) A general improvement district established pursuant to chapter 318 of NRS.

  (d) A utility established pursuant to chapter 709 or 710 of NRS.

  (e) A cooperative association, nonprofit corporation, nonprofit association or provider of electric service which is declared to be a public utility pursuant to NRS 704.673 and which provides service only to its members.

  (f) A landlord of a mobile home park or owner of a company town who is subject to any of the provisions of NRS 704.905 to 704.960, inclusive.

  (g) A landlord who pays for electricity that is delivered through a master meter and who distributes or resells the electricity to one or more tenants for consumption in this state.

    Sec. 103.  Section 8 of Senate Bill No. 372 of this session is hereby amended to read as follows:

  Sec. 8.  “Renewable energy system” means:

  1.  A facility or energy system that:

  (a) Uses renewable energy to generate electricity; and

  (b) Transmits or distributes the electricity that it generates from renewable energy via:

       (1) A power line which is dedicated to the transmission or distribution of electricity generated from renewable energy and which is connected to a facility or system owned, operated or controlled by a provider of electric service; or

       (2) A power line which is shared with not more than one facility or energy system generating electricity from nonrenewable energy and which is connected to a facility or system owned, operated or controlled by a provider of electric service.

  2.  A solar thermal energy system that reduces the consumption of electricity.

  3.  A net metering system used by a customer-generator pursuant to NRS 704.766 to 704.775, inclusive.

    Sec. 104.  Section 9 of Senate Bill No. 372 of this session is hereby amended to read as follows:

  Sec. 9.  1.  “Retail customer” means [a customer who] an end-use customer that purchases electricity [at retail.] for consumption in this state.

  2.  The term includes, without limitation:

  (a) This state, a political subdivision of this state or an agency or instrumentality of this state or political subdivision of this state when it is an end-use customer that purchases electricity [at retail; and] for consumption in this state, including, without limitation, when it is an eligible customer that purchases electricity for consumption in this state from a provider of new electric resources pursuant to the provisions of sections 3 to 26, inclusive, of Assembly Bill No. 661 of this session.

  (b) A residential, commercial or industrial end-use customer that purchases electricity for consumption in this state, including, without limitation, an eligible customer that purchases electricity for consumption in this state from a provider of new electric resources pursuant to the provisions of sections 3 to 26, inclusive, of Assembly Bill No.


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ê2001 Statutes of Nevada, Page 3275 (Chapter 604, AB 661)ê

 

limitation, an eligible customer that purchases electricity for consumption in this state from a provider of new electric resources pursuant to the provisions of sections 3 to 26, inclusive, of Assembly Bill No. 661 of this session.

  (c) A landlord of a mobile home park or owner of a company town who is subject to any of the provisions of NRS 704.905 to 704.960, inclusive.

  (d) A landlord who pays for electricity that is delivered through a master meter and who distributes or resells the electricity to one or more tenants for consumption in this state.

    Sec. 105.  1.  NRS 523.171, 704.080, 704.090 and 704.275 are hereby repealed.

    2.  Section 2 of Assembly Bill No. 197 of this session is hereby repealed.

    3.  Section 10 of Assembly Bill No. 369 of this session is hereby repealed.

    4.  Section 4 of Senate Bill No. 372 of this session is hereby repealed.

    Sec. 106.  1.  For the purposes of sections 3 to 26, inclusive, of this act:

    (a) An electric utility that provides distribution services to an eligible customer who is purchasing energy, capacity or ancillary services from a provider of new electric resources shall charge the eligible customer based upon the rates for the electric utility’s distribution services that were on file with the commission on April 1, 2001, until the commission approves a change in those rates and such a change becomes effective.

    (b) Not later than March 1, 2002, the commission shall establish the initial rates for all other components of electric service which are within the jurisdiction of the commission and which are necessary for a provider of new electric resources to sell energy, capacity and ancillary services to an eligible customer pursuant to the provisions of sections 3 to 26, inclusive, of this act. The commission may establish such initial rates as a part of a general rate application that is pending or filed with the commission on or after the effective date of this act.

    2.  The commission shall:

    (a) Not later than November 1, 2001, adopt regulations to carry out and enforce the provisions of sections 3 to 26, inclusive, of this act.

    (b) Not later than March 1, 2002, approve tariffs to carry out and enforce the provisions of section 22 of this act.

    3.  Notwithstanding the provisions of section 25 of this act, the commission is not required to submit a report to the legislative commission for any calendar quarter that ends before October 1, 2001.

    4.  As used in this section, the words and terms defined in sections 4 to 16, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 107.  1.  As soon as practicable after July 1, 2003, the governor shall appoint two additional commissioners to the public utilities commission of Nevada in accordance with the provisions of section 28 of this act. For the initial terms of those commissioners, the governor shall appoint:

    (a) One commissioner whose term begins on October 1, 2003, and expires on September 30, 2005; and

    (b) One commissioner whose term begins on October 1, 2003, and expires on September 30, 2006.


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ê2001 Statutes of Nevada, Page 3276 (Chapter 604, AB 661)ê

 

    2.  The provisions of this act do not abrogate or affect the term of office of any other commissioner of the public utilities commission of Nevada.

    Sec. 108.  1.  The provisions of section 54 of this act do not apply to any transaction entered into by a local governmental entity before January 1, 2002, to acquire or otherwise obtain control of the assets of a public utility providing water services.

    2.  As used in this section:

    (a) “Assets” includes, without limitation, any hydroelectric plant, facility, equipment or system which has a generating capacity of not more than 15 megawatts and which is located on the Truckee River or on a waterway that is appurtenant to or connected to the Truckee River.

    (b) “Local governmental entity” means a political subdivision of this state or an agency or instrumentality of one or more political subdivisions of this state. The term includes, without limitation, a public water authority consisting of one or more political subdivisions of this state.

    Sec. 109.  1.  As soon as practicable after the effective date of this act, the appointing authorities set forth in section 84 of this act shall appoint members to the task force for renewable energy and energy conservation which is created by section 84 of this act.

    2.  At the first meeting of the task force following the appointment of the initial members of the task force, the initial members of the task force shall draw lots to determine which:

    (a) Five members of the task force will serve initial terms that expire on June 30, 2004.

    (b) Four members of the task force will serve initial terms that expire on June 30, 2003.

    3.  Not later than 10 days after the first meeting of the task force following the appointment of the initial members of the task force, the public utilities commission of Nevada shall transfer the sum of $250,000 from its reserve account in the public utilities commission regulatory fund, created by NRS 703.147, to the trust fund for renewable energy and energy conservation, created by section 83 of this act.

    Sec. 110.  1.  Notwithstanding the provisions of this act and except as otherwise provided in subsection 2, the department of business and industry and its director shall exercise all the power and perform all the duties that are assigned to the office of energy and its director pursuant to the provisions of chapter 523 of NRS, as amended by this act, until the date on which the governor certifies that the office of energy and its director are prepared to carry out those provisions, or until January 1, 2002, whichever occurs earlier.

    2.  During the period described in subsection 1, the office of energy and its director may exercise any power and perform any duty assigned to them pursuant to the provisions of chapter 523 of NRS, as amended by this act, if the exercise of the power or the performance of the duty is necessary as an organizational, preparatory or preliminary measure to prepare the office of energy and its director to carry out those provisions.

    Sec. 111.  1.  Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.

    2.  Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.

    3.  Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.

    Sec. 112.  1.  This section and sections 1 to 27, inclusive, 30 to 94, inclusive, 96 to 111, inclusive, and 113 of this act become effective upon passage and approval.

    2.  Section 95 of this act becomes effective on July 1, 2001.

    3.  Sections 28 and 29 of this act become effective on October 1, 2003.

    Sec. 113.  1.  The legislative counsel shall:

    (a) In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer or agency whose name is changed or whose responsibilities have been transferred pursuant to the provisions of this act to refer to the appropriate officer or agency.

    (b) In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer or agency whose name is changed or whose responsibilities have been transferred pursuant to the provisions of this act to refer to the appropriate officer or agency.

    2.  Any reference in a bill or resolution passed by the 71st session of the Nevada legislature to an officer or agency whose name is changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency shall be deemed to refer to the officer or agency to which the responsibility is transferred.

________